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					                                                                                            Congressional Record
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                                                                                                                                                                   113 th CONGRESS, FIRST SESSION
                                                  United States
                                                   of America                                PROCEEDINGS AND DEBATES OF THE


                                               Vol. 159                                                           WASHINGTON, FRIDAY, MAY 17, 2013                                                             No. 70


                                                                                                                                   Senate
                                                                           The Senate was not in session today. Its next meeting will be held on Monday, May 20, 2013, at 2 p.m.




                                                                                        House of Representatives
                                                                                                                                 FRIDAY, MAY 17, 2013

                                                 The House met at 9 a.m. and was                                              PLEDGE OF ALLEGIANCE                               Mr. Speaker, I will move an amend-
                                               called to order by the Speaker.                                            The SPEAKER. Will the gentleman                      ment when the National Defense Au-
                                                                                                                        from California (Mr. MCNERNEY) come                    thorization Act comes to the House
                                                                                    f
                                                                                                                        forward and lead the House in the                      floor that will direct the Secretary of
                                                               PRAYER                                                   Pledge of Allegiance.                                  Defense to determine what the current
                                                                                                                          Mr. MCNERNEY led the Pledge of Al-                   excess capacity is so that we will know
                                                 The Chaplain, the Reverend Patrick                                                                                            the potential savings from doing an-
                                                                                                                        legiance as follows:
                                               J. Conroy, offered the following prayer:                                                                                        other Base Realignment and Closure
                                                                                                                          I pledge allegiance to the Flag of the
                                                 Loving and gracious God, we give                                       United States of America, and to the Repub-            Commission.
                                               You thanks for giving us another day.                                    lic for which it stands, one nation under God,           I support the administration and its
                                                 Help us this day to draw closer to                                     indivisible, with liberty and justice for all.         call for another Base Realignment and
                                               You so that, with Your Spirit and                                                        f                                      Closure Commission in 2015. Every dol-
                                               aware of Your presence among us, we                                                                                             lar wasted in the Defense budget is a
                                               may all face the tasks of this day.                                      ANNOUNCEMENT BY THE SPEAKER
                                                                                                                                                                               dollar that is not spent on defending
                                                 Bless the Members of the people’s                                        The SPEAKER. The Chair will enter-                   our Nation.
                                               House. Help them to think clearly,                                       tain up to five requests for 1-minute                    I ask that my colleagues in the
                                               speak confidently, and act coura-                                        speeches on each side of the aisle.                    House support my amendment when it
                                               geously in the belief that all noble                                                       f                                    comes to the floor.
                                               service is based upon patience, truth,
                                                                                                                        THE CALL FOR A BASE REALIGN-                                             f
                                               and love.
                                                                                                                           MENT AND CLOSURE COMMIS-
                                                 May these decisive days through                                                                                                  ABUSE OF POWER BY THE IRS
                                                                                                                           SION
                                               which we are living make them gen-
                                               uine enough to maintain their integ-                                        (Mr. COFFMAN asked and was given                      (Mr. BARROW of Georgia asked and
                                               rity, great enough to be humble, and                                     permission to address the House for 1                  was given permission to address the
                                               good enough to keep their faith, always                                  minute and to revise and extend his re-                House for 1 minute and to revise and
                                               regarding public office as a sacred                                      marks.)                                                extend his remarks.)
                                               trust. Give them the wisdom and the                                         Mr. COFFMAN. Mr. Speaker, in a                        Mr. BARROW of Georgia. Mr. Speak-
                                               courage to fail not their fellow citizens                                hearing before the House Armed Serv-                   er, I rise on behalf of the folks in my
                                               nor You.                                                                 ices Committee on April 25, I asked the                district in Georgia who are witnessing
                                                 May all that is done this day be for                                   Secretary of the Army, John McHugh,                    a series of serious missteps in the Fed-
                                               Your greater honor and glory.                                            if he could give me an idea of what the                eral Government, giving rise to an un-
                                                 Amen.                                                                  excess capacity is for Army installa-                  precedented level of distrust in govern-
                                                                                                                        tions in the United States.                            ment.
                                                                                    f                                      The Secretary informed me that the                    This week, we learned that the Inter-
                                                                                                                        last study was done in 2004, and it                    nal Revenue Service used inappropriate
                                                           THE JOURNAL                                                  found that the excess capacity was at                  criteria to delay or stall conservative
                                                 The SPEAKER. The Chair has exam-                                       20 percent. He stated that the number                  organizations applying for tax-exempt
                                               ined the Journal of the last day’s pro-                                  would probably be much higher today                    status. This is a totally unacceptable
                                               ceedings and announces to the House                                      but that he had no way of knowing                      abuse of the power the IRS has in our
                                               his approval thereof.                                                    since Congress had prohibited him from                 government, and calls into question
                                                 Pursuant to clause 1, rule I, the Jour-                                using any funds to study the issue fur-                any future decisions made by that
                                               nal stands approved.                                                     ther.                                                  agency.
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                                                                  b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m.
                                                    Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

                                                                                                                                                                                                       H2721


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                                               H2722                                             CONGRESSIONAL RECORD — HOUSE                                                           May 17, 2013
                                                 Trust in the Federal Government is                    dress the House for 1 minute and to re-                minute and to revise and extend his re-
                                               already at an all-time low. To help re-                 vise and extend his remarks.)                          marks.)
                                               gain any of that trust, it is essential                   Mr. WILSON of South Carolina. Mr.                      Mr. WITTMAN. Mr. Speaker, I rise
                                               that all personnel involved in this mis-                Speaker, yesterday, the House passed                   for the folks in my district being fur-
                                               use of power be held accountable.                       the 37th piece of legislation that re-                 loughed because of indecision, political
                                               We’ve got serious work to do in Con-                    places, repeals, or defunds the govern-                gamesmanship, and the failure to act
                                               gress, but this sort of trouble only                    ment health care takeover bill.                        in Washington.
                                               takes time and attention away from                        House Republicans warned the Amer-                     Our Nation has no greater asset than
                                               the work we need to do.                                 ican people that the legislation’s effect              the folks serving our Nation, including
                                                 I urge my colleagues to investigate                   would be devastating to patients, to                   those who make up our Department of
                                               this matter swiftly and get on with the                 health care providers, and to small                    Defense, both military and civilian
                                               work we’ve been sent here to do.                        businesses—destroying jobs.                            alike. Their dedication and service to
                                                                f                                        In recent weeks, there has been bi-                  our Nation is unwavering. Unfortu-
                                                      NATIONAL POLICE WEEK                             partisan recognition of the failure of                 nately, those same patriots have lived
                                                                                                       the government’s health care takeover.                 for months with the uncertainty of the
                                                 (Mrs. WALORSKI asked and was
                                               given permission to address the House                   Senator MAX BAUCUS has warned that                     sequester.
                                               for 1 minute and to revise and extend                   ObamaCare’s implementation will be a                     Many of those who have dedicated
                                               her remarks.)                                           train wreck. Sadly, thousands of new                   themselves to ensuring equipment is
                                                 Mrs. WALORSKI. I rise today to                        IRS agents who deny free speech will                   repaired and ready for our Armed
                                               honor the service and sacrifice of our                  now control health care.                               Forces are being forced to step away
                                               Nation’s police officers.                                 The good news is that there is still                 from their lives. Even the children of
                                                 This week is Police Week, and I urge                  time for repeal. The House has acted in                our military families will not be
                                               all Americans to take time and thank                    the best interests of American fami-                   spared. Teachers at DOD schools are
                                               the men and women who keep us safe                      lies. It is my hope that the Senate will               being furloughed, too.
                                               and to reflect on the heroes we have                    consider our efforts and pass legisla-                   The administration had flexibility to
                                               lost in the line of duty.                               tion before it’s too late.                             make other choices. Furloughs are just
                                                 I am continually impressed and hum-                     In conclusion, God bless our troops,                 one of the effects of compounding
                                               bled by the devoted efforts of law en-                  and we will never forget September the                 budget cuts on our Nation’s military,
                                               forcement officers in our communities.                  11th in the global war on terrorism.                   and it affects this Nation’s military
                                               From tracking down criminals to con-                      Congratulations, Candice Glover of                   readiness. There are smarter solutions
                                               ducting safety programs for our kids,                   St. Helena Island, South Carolina, for                 to our Nation’s budget woes, and I
                                               our law enforcement officers work                       being the newest queen of ‘‘American                   voted for replacements for this short-
                                               around the clock, routinely putting                     Idol.’’                                                sighted sequester.
                                               themselves in harm’s way to keep us                                       f                                      Congress should not sit idly by. Let’s
                                               safe.                                                                                                          fix this.
                                                 Sometimes officers make the ulti-                          LARGE SYNOPTIC SURVEY
                                               mate sacrifice, leaving behind grieving                               TELESCOPE                                                  f
                                               loved ones and communities in mourn-                      (Mr. MCNERNEY asked and was
                                               ing. At times like these, there are no                  given permission to address the House                           STUDENT LOAN DEBT
                                               words to adequately express the grati-                  for 1 minute and to revise and extend                    (Mr. TIERNEY asked and was given
                                               tude that we owe to our law enforce-                    his remarks.)                                          permission to address the House for 1
                                               ment.                                                     Mr. MCNERNEY. I rise today to talk
                                                 To all of our police officers, our Na-                                                                       minute and to revise and extend his re-
                                                                                                       about the Large Synoptic Survey Tele-                  marks.)
                                               tion is grateful for your bravery and
                                                                                                       scope. This is an exciting, unique pub-                  Mr. TIERNEY. The student loan debt
                                               integrity, and is indebted to your pub-
                                                                                                       lic-private science project that is being              is a crisis in this country, Mr. Speaker.
                                               lic service.
                                                                                                       developed in cooperation with the Na-                  More and more students approach me
                                                                f                                      tional Science Foundation, the Depart-                 in the district and post on my
                                                            JACK PRATT                                 ment of Energy’s Office of Science, and                Facebook about their loan debt.
                                                 (Mr. ISRAEL asked and was given                       with a number of small companies.                        I would like to share an excerpt from
                                               permission to address the House for 1                     The idea behind the LSST is very                     the stories for those of my colleagues
                                               minute and to revise and extend his re-                 simple: take pictures of the entire                    who may not fully appreciate why it’s
                                               marks.)                                                 southern sky and measure everything                    so critical that we provide our students
                                                 Mr. ISRAEL. Mr. Speaker, we who                       that moves or changes brightness, and                  and families with relief.
                                               serve too often overlook the hard work                  after 10 years of operation, the LSST                    Sharyn Lawler says this:
                                               and dedication of those who serve with                  will allow us to catalog billions of                     Please, Congressman Tierney, we need you
                                               us, the members of our staff. Today, I                  stars, galaxies, and other interstellar                and your colleagues to get to the crux of the
                                               rise to recognize the dedication of Jack                objects. This database will address the                student loan debt crisis ASAP. Many stu-
                                               Pratt.                                                  most pressing questions in astronomy                   dents end up paying double or triple what
                                                 Jack is my chief of staff. Today, he                  and physics, from potentially haz-                     they actually borrowed to go to college. This
                                               departs for new responsibilities. I hired               ardous asteroids to the mysteries of                   is an outrage and seems out of sync with the
                                                                                                       dark matter and dark energy. The de-                   original mission of the student loan pro-
                                               him on my very first day in Congress 12
                                                                                                                                                              gram. People want to pay back fairly what
                                               years ago, and he rose through the                      velopment of the LSST will push the                    they borrowed, but the system actually
                                               ranks. More than almost anyone I                        boundaries of big science and com-                     seems rigged to make that impossible.
                                               know, I have depended on Jack in good                   puting.
                                                                                                                                                                Earlier this week, it was reported
                                               times and in bad, through thick and                       I urge my colleagues to join me in
                                                                                                                                                              that the Federal Government will earn
                                               thin.                                                   recognizing the importance of public-
                                                 Now, with a new baby in his life, he                                                                         $51 billion in profit from student loan
                                                                                                       private partnerships and their role in
                                               opens up a new chapter of his life. I                                                                          borrowers this year, which exceeds the
                                                                                                       studying science, technology, engineer-
                                               wish him well and his wife, Kristin, and                                                                       earnings of the Nation’s most profit-
                                                                                                       ing, and mathematics. Support for
                                               two kids, Callie and William.                                                                                  able companies and is roughly equal to
                                                                                                       these projects is critical.
                                                 Thank you, Jack Pratt, my chief of                                                                           the combined income of the four larg-
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                                                                                                                         f                                    est U.S. banks by assets.
                                               staff and my friend.
                                                                f                                                            b 0910                             It’s time we stop using the Federal
                                                                                                                                                              student loan program as a profit center
                                                  THE ‘‘TRAIN WRECK’’ MUST BE                              DEPARTMENT OF DEFENSE                              for the government. We need to pass
                                                            STOPPED                                                FURLOUGHS                                  legislation that stops the doubling of
                                                 (Mr. WILSON of South Carolina                           (Mr. WITTMAN asked and was given                     the student loan interest rate by July
                                               asked and was given permission to ad-                   permission to address the House for 1                  1 and turn our attention to the long-



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                                               May 17, 2013                                      CONGRESSIONAL RECORD — HOUSE                                                                   H2723
                                               term solution that will help new bor-                   crisis. Our mantra should be: jobs, jobs,                                GENERAL LEAVE
                                               rowers as well as the estimated 37 mil-                 jobs.                                                    Mr. SESSIONS. Mr. Speaker, I ask
                                               lion Americans that have existing stu-                                    f                                    unanimous consent that all Members
                                               dent loan debt.                                                                                                have 5 legislative days to revise and ex-
                                                                f                                      PROVIDING FOR CONSIDERATION                            tend their remarks.
                                                                                                         OF H.R. 1062, SEC REGULATORY                           The SPEAKER pro tempore. Is there
                                                            IRS SCANDAL                                  ACCOUNTABILITY ACT                                   objection to the request of the gen-
                                                 (Mr. WILLIAMS asked and was given                       Mr. SESSIONS. Mr. Speaker, by di-                    tleman from Texas?
                                               permission to address the House for 1                   rection of the Committee on Rules, I                     There was no objection.
                                               minute and to revise and extend his re-                 call up House Resolution 216 and ask                     Mr. SESSIONS. House Resolution 216
                                               marks.)                                                 for its immediate consideration.                       provides a structured rule for consider-
                                                 Mr. WILLIAMS. Mr. Speaker, it has                       The Clerk read the resolution, as fol-               ation of H.R. 1062. This rule provides
                                               been 2 bad weeks for the White House:                   lows:                                                  for discussion and opportunities for
                                               Benghazi coverups by the State De-                                                                             every single Member of the majority
                                                                                                                         H. RES. 216
                                               partment officials, massive intrusion                                                                          and the minority to participate in this
                                               into phone records by the Justice De-                     Resolved, That at any time after the adop-
                                                                                                       tion of this resolution the Speaker may, pur-
                                                                                                                                                              debate. We made in order every single
                                               partment, and the forced resignation of                 suant to clause 2(b) of rule XVIII, declare the        germane amendment that was sub-
                                               acting IRS Commissioner Steven Mil-                     House resolved into the Committee of the               mitted to the Rules Committee on this
                                               ler and other top official, Joseph                      Whole House on the state of the Union for              issue.
                                               Grant, after one of the most unbeliev-                  consideration of the bill (H.R. 1062) to im-             Mr. Speaker, the legislation before us
                                               able abuses of government power in re-                  prove the consideration by the Securities              today is really quite simple. It is a
                                               cent years.                                             and Exchange Commission of the costs and               commonsense solution to preventing
                                                 After the IRS admitted to targeting                   benefits of its regulations and orders. The            unnecessary and overly burdensome
                                               conservative groups with whose mes-                     first reading of the bill shall be dispensed
                                                                                                       with. All points of order against consider-
                                                                                                                                                              government regulation, or perhaps an
                                               sages it disagrees, the American people                 ation of the bill are waived. General debate           opportunity to understand why the
                                               were shocked by this politically moti-                  shall be confined to the bill and shall not ex-        government might be perpetrating a
                                               vated discrimination. No matter what                    ceed one hour equally divided and controlled           rule that would impact our free enter-
                                               party controls the White House, tax-                    by the chair and ranking minority member               prise system. It requires the SEC to
                                               payers deserve to be treated fairly.                    of the Committee on Financial Services.                perform cost-benefit analysis before fi-
                                                 President Obama promised an open                      After general debate the bill shall be consid-         nalizing any major rule. It also pre-
                                               and transparent government, yet these                   ered for amendment under the five-minute               vents the implementation of the rule if
                                               government lies show a complete dis-                    rule. It shall be in order to consider as an
                                                                                                       original bill for the purpose of amendment
                                                                                                                                                              the benefits do not outweigh the costs.
                                               regard for the Constitution. In fact, the                                                                        Through this bill, the American tax-
                                                                                                       under the five-minute rule an amendment in
                                               Constitution’s Equal Protection Clause                  the nature of a substitute consisting of the           payer will be protected from needless
                                               requires that the government treat all                  text of Rules Committee Print 113-10. That             regulations that would impede eco-
                                               entities in a similar, fair, and equal                  amendment in the nature of a substitute                nomic growth without providing effec-
                                               manner.                                                 shall be considered as read. All points of             tive consumer protections. In other
                                                 Let me be clear: no administration                    order against that amendment in the nature             words, Mr. Speaker, we’re here to en-
                                               should ever use the IRS to target its                   of a substitute are waived. No amendment to            sure that the SEC provides balance
                                               political opponent—no way, no how. I                    that amendment in the nature of a sub-
                                                                                                       stitute shall be in order except those printed
                                                                                                                                                              with the rules and regulations that are
                                               will demand the administration be held                                                                         in a major context when it issues these
                                                                                                       in the report of the Committee on Rules ac-
                                               accountable for this outrage.                           companying this resolution. Each such                  rules on the marketplace.
                                                 This is the United States of America,                 amendment may be offered only in the order               In January of 2011, President Obama
                                               Mr. Obama, not one of your European                     printed in the report, may be offered only by          signed an executive order directing all
                                               buddies.                                                a Member designated in the report, shall be            non-independent agencies, such as the
                                                                f                                      considered as read, shall be debatable for the         Department of Energy, the Department
                                                                                                       time specified in the report equally divided           of Education, and others, to abide by
                                                         JOBS, JOBS, JOBS                              and controlled by the proponent and an op-
                                                                                                       ponent, shall not be subject to amendment,
                                                                                                                                                              the same rules that we’re providing for
                                                 (Ms. WILSON of Florida asked and                                                                             today in H.R. 1062. However, because it
                                               was given permission to address the                     and shall not be subject to a demand for divi-
                                                                                                       sion of the question in the House or in the            is an independent agency, the SEC is
                                               House for 1 minute.)                                    Committee of the Whole. All points of order            not required to follow the President’s
                                                 Ms. WILSON of Florida. Mr. Speaker,                   against such amendments are waived. At the             rules.
                                               it’s now been 866 days since I arrived in               conclusion of consideration of the bill for              The legislation before us today cre-
                                               Congress, and the Republican leader-                    amendment the Committee shall rise and re-             ates parity and opportunity for Con-
                                               ship has still not allowed a single vote                port the bill to the House with such amend-            gress to work with an agency and other
                                               on serious legislation to address our                   ments as may have been adopted. Any Mem-
                                                                                                                                                              non-independent agencies on a better
                                               unemployment crisis.                                    ber may demand a separate vote in the
                                                                                                       House on any amendment adopted in the                  way for them to promulgate the rules
                                                 That’s zero votes to address our Na-                                                                         that they do and show a balance in the
                                                                                                       Committee of the Whole to the bill or to the
                                               tion’s most pressing emergency. That’s                  amendment in the nature of a substitute                marketplace, just like the President
                                               zero votes to address the sequester                     made in order as original text. The previous           asked other government agencies to do.
                                               policies that are making our job crisis                 question shall be considered as ordered on
                                               immeasurably worse. Yet yesterday,                      the bill and amendments thereto to final
                                                                                                                                                                                 b 0920
                                               the Republican Congress took its 37th                   passage without intervening motion except                 Furthermore, this legislation in no
                                               vote to repeal the Affordable Care Act.                 one motion to recommit with or without in-             way weakens consumer protections or
                                                 Mr. Speaker, this was not only a co-                  structions.                                            reduces accountability in the financial
                                               lossal waste of valuable time that                        The SPEAKER pro tempore (Mr.                         services industry. To the contrary, this
                                               could have been spent focusing on jobs                  HASTINGS of Washington). The gen-                      proposal ensures that regulations
                                               legislation, it’s a further step in the                 tleman from Texas is recognized for 1                  issued by the SEC are effective and
                                               wrong direction. By expanding access                    hour.                                                  based on sound policy. Consumers and
                                               to health care, the Affordable Care Act                   Mr. SESSIONS. Mr. Speaker, for the                   businesses alike will benefit from a re-
                                               gives Americans more disposable in-                     purpose of debate only, I yield the cus-               formed regulatory process.
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                                               come, creating more customers for our                   tomary 30 minutes to my friend, the                       So I urge my colleagues to vote
                                               businesses and, in turn, more jobs.                     gentleman from Worcester, Massachu-                    ‘‘yes’’ on this rule and ‘‘yes’’ on the un-
                                                 It’s time to bring the American Jobs                  setts (Mr. MCGOVERN), pending which I                  derlying legislation.
                                               Act to the floor. It deserves a vote.                   yield myself such time as I may con-                      I reserve the balance of my time.
                                                 Investigate Benghazi; investigate the                 sume. During consideration of this res-                   Mr. MCGOVERN. Mr. Speaker, I want
                                               AP leaks; investigate the IRS; but, Mr.                 olution, all time yielded is for the pur-              to thank the distinguished chairman of
                                               Speaker, don’t forget our focus, our                    pose of debate only.                                   the Rules Committee, my friend Mr.



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                                               H2724                                             CONGRESSIONAL RECORD — HOUSE                                                         May 17, 2013
                                               SESSIONS, for yielding me the cus-                      and will require the hiring of 20 addi-                  What’s interesting is that this piece
                                               tomary 30 minutes, and I yield myself                   tional staff. This is while sequestration              of legislation that we’re handling now
                                               such time as I may consume.                             is causing the Federal Government to                   actually went to the banking com-
                                                 (Mr. MCGOVERN asked and was                           shrink and agencies to furlough staff.                 mittee, Financial Services Committee,
                                               given permission to revise and extend                   In fact, right now sequestration is ac-                as an agreement we more or less
                                               his remarks.)                                           tually preventing the SEC from hiring                  thought would be a suspension item; in
                                                 Mr. MCGOVERN. Mr. Speaker, here                       any more additional staff, the same ad-                other words, a piece of legislation that
                                               we go again, another day in the House                   ditional staff that would be needed to                 there was widespread agreement on
                                               where we’re not focused on jobs, where                  implement this bill if it were ever to                 that it would be good to put in the
                                               we’re not focused on healing our ailing                 become law.                                            rules as one of a group of pieces of leg-
                                               economy, where we’re not focused on                       I can only presume that the authors                  islation, this would be a good idea to
                                               the needs of the American people.                       of this bill are attempting to bog the                 have the SEC accept this as part of
                                                 Yesterday, for the 37th time in 21⁄2                  SEC down with additional, unneces-                     what they do when they issue a rule.
                                               years, this House passed a bill over-                   sary, and redundant mandates in order                    Now what’s happened is it has turned
                                               turning the Affordable Care Act. For                    to prevent the SEC from doing its job                  into a larger fight as a result of us
                                               the 37th time, my Republican friends                    of protecting investors. This bill actu-               wanting to simply make sure that the
                                               decided to take up time on this House                   ally steers the SEC’s work toward                      rules that apply to other Federal agen-
                                               floor supporting a meaningless, par-                    minimizing costs to big businesses and                 cies also apply to independent agen-
                                               tisan bill to overturn a law that will                  investment banks. That’s what this                     cies. So we thought we were doing the
                                               dramatically improve the health care                    does. How is that protecting the indi-                 right thing to come and work together,
                                               of millions of Americans and is already                 vidual investor?                                       and it’s fair, I guess, I assume, to do
                                               helping to lower our deficit. Perhaps                     For the life of me, I cannot under-                  that, even though we are trying to talk
                                               one day they will wake up from their                    stand why the Republican leadership                    about this rule today.
                                               Tea Party fever-dream and move on to                    wants to undermine the efforts of this                   If we want to talk about the budget
                                               more important priorities.                              agency to protect the individual inves-                and things that are presently being
                                                 Not only have they wasted time de-                    tor. We’re coming out of a historic re-                evolved, then we need to listen to our
                                               bating a bill that won’t be considered                  cession, the worst economic crisis since               Democratic friends about the budget.
                                               in the Senate, let alone signed into                    the Great Depression.                                  They’re not happy because we passed in
                                               law, they are willfully ignoring the                      A big reason for the recession was                   this House an opportunity to have a
                                               budget process that they were so stri-                  the recklessness of investment banks                   budget that in the next 10 years would
                                               dently defending just a few months                      and financial institutions. Millions of                balance, a balanced budget.
                                               ago. It’s been 55 days since the Senate                 Americans lost money they had put                        The gentleman PAUL RYAN, the
                                               passed its budget resolution, yet the                   into the stock market and entrusted to                 chairman of the Budget Committee,
                                               Republicans refuse to go to conference                  banks and financial institutions be-                   came up to the Rules Committee and
                                               to finish their work. This is the same                  cause of these institutions’ reckless ac-              he spoke about how this President,
                                               Republican Party that passed a bill                     tions. We’re talking about college sav-                every single year that Barack Obama is
                                               that says Members of Congress cannot                    ings, retirement accounts, and other                   President, with the help of former
                                               be paid if we don’t produce a budget.                                                                          Speaker NANCY PELOSI and the Demo-
                                                                                                       nest eggs. Yet the Republican leader-
                                               Let me repeat: no budget, no pay. Yet                                                                          crats, raised spending, put rules and
                                                                                                       ship would rather take the side of these
                                                                                                                                                              regulations on the American people
                                               the Republicans refuse to finish the                    reckless financial institutions that
                                                                                                                                                              that are causing the lowest level of job
                                               budget. All this flip-flopping is giving                brought financial and economic ruin to
                                                                                                                                                              creation that we’ve had in over 40
                                               me whiplash, Mr. Speaker.                               our Nation, our communities, and our
                                                 And today, we are presented with a                                                                           years, a trillion-dollar deficit every
                                                                                                       families than stand up and fight for the
                                                                                                                                                              single year. And even with this massive
                                               bill, along with a whopping three                       individual investor—the little guy.
                                                                                                                                                              tax increase that was a signing bonus
                                               amendments made in order. So much                       They’d rather fight for Wall Street
                                                                                                                                                              for the President that took place in De-
                                               for an open process. Whatever hap-                      than stand up for Main Street.
                                                                                                                                                              cember, we still are going to run a tril-
                                               pened to open rules?                                      Mr. Speaker, that’s not the right
                                                                                                                                                              lion-dollar deficit. So what my friends,
                                                 So let’s take a look at today’s bill. It              thing to do. We should pass a budget
                                                                                                                                                              the Democrats, said upstairs in the
                                               is a bill that would require the Securi-                instead; we should pass the Van Hollen
                                                                                                                                                              Rules Committee, what they’re for is
                                               ties and Exchange Commission, the                       sequestration replacement bill; we
                                                                                                                                                              raising spending another trillion dol-
                                               SEC, to conduct even more extensive                     should pass a jobs bill; but we should
                                                                                                                                                              lars and raising taxes another trillion
                                               cost-benefit analyses than it already                   not be wasting our time on a bill that
                                                                                                                                                              dollars.
                                               does when proposing any rule or when                    will punish individual investors in                      Mr. Speaker, I do understand there’s
                                               issuing interpretive guidance. Who                      order to protect big banks.                            widespread disagreement. There’s wide-
                                               could be against cost-benefit analysis?                   Mr. Speaker, I urge my colleagues to                 spread disagreement when our friends
                                               That seems like a commonsense idea,                     vote ‘‘no’’ on the rule, and I urge my                 that control the Senate, the Demo-
                                               one that has merit and should be con-                   colleagues to vote ‘‘no’’ on the under-                crats, want to do the exact same thing
                                               sidered by agencies.                                    lying bill. I urge my Republican friends               in their body to this country, raising
                                                 Well, Mr. Speaker, here is where the                  to, some time soon, take up some legis-                spending another trillion dollars, rais-
                                               devil is really in the details. The SEC                 lation that’s going to help put America                ing taxes another trillion dollars.
                                               already does cost-benefit analyses on                   back to work and get our economy
                                               these rulings and regulations. It is al-                back on the right track.                                                b 0930
                                               ready happening. So what’s the real                       With that, I reserve the balance of                    So they make a good point. Why
                                               purpose of this bill? Is there a problem                my time                                                won’t we appoint conferees?
                                               with the way the SEC is handling these                    Mr. SESSIONS. Mr. Speaker, I appre-                    Well, Speaker PELOSI, back in 2009,
                                               cost-benefit analyses?                                  ciate my friend, the gentleman who                     took more than 2 months to do the
                                                 Mr. Speaker, this bill is really about                brings up many good points about jobs,                 exact same thing that they want us to
                                               putting more burdens on the SEC as                      job creation, the ability for this Con-                do.
                                               they are attempting to fulfill their                    gress to be able to effectively hear                     What is occurring is that our chair-
                                               mandates under Dodd-Frank and do                        from the American people about the                     man, PAUL RYAN, is working with their
                                               their job to protect investors. This bill               issues and ideas that they’re facing,                  chairman on the agreement of how
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                                               places additional burdens on the SEC                    come to resolution in this body, work                  they would go about doing their job of
                                               to meet these new requirements—and                      with our friends in the Senate, and to                 having a conference on the budget be-
                                               I’d like to point out—without pro-                      get legislation to the President of the                cause, you see, when you start so far
                                               viding any additional budget resources.                 United States. I think that should be                  apart, of trying to balance the budget,
                                                 The nonpartisan Congressional Budg-                   and has been what our goal is about,                   trying to not put more rules and regu-
                                               et Office estimates that this bill will                 and it should be our goal also to find                 lations and taxes on the American peo-
                                               cost the SEC $23 million over 5 years                   common ground.                                         ple to where they stand a better



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                                               May 17, 2013                                      CONGRESSIONAL RECORD — HOUSE                                                                H2725
                                               chance, not only of taking care of their                on the issue of the process. The way                   jobs bill, we have a bipartisan effort,
                                               own families, and providing for their                   the process is supposed to work, when                  and many Democrats joined up with
                                               children to go to college and to be able                it comes to the budget, we pass a budg-                Republicans on this bill, even though
                                               to pay for it, and to take care of their                et in the House, the Senate passes a                   there were some concerns about it, so
                                               lifetime needs when they retire, that                   budget in the Senate, then you go to                   that we could try and see if we could
                                               requires a basic sense of simply agree-                 conference and you work out the dif-                   use a new approach to creating jobs.
                                               ing with what people are trying to do                   ferences. And guess what? In a con-                    But that’s going to get delayed because
                                               versus having the government come                       ference, you don’t get everything you                  now they’re attacking the SEC.
                                               and provide a government-run health                     want, and we don’t get everything we                     Mr. SESSIONS. Mr. Speaker, you
                                               care system, having the government                      want, especially when there’s a divided                know, I think it’s very interesting that
                                               provide student loans, having the gov-                  government, the way it is right now.                   they’re trying to argue that we’re try-
                                               ernment expand government and take                      Compromise is something that has to                    ing to get in the way of the SEC. Yet
                                               care of people endlessly.                               take place.                                            the SEC, in their rules and regulations,
                                                  And so there’s two different visions,                  And so I would just take issue with                  have put an impact on small business
                                               one of raising taxes $1 trillion, raising               the gentleman when he says that Re-                    of $1.75 trillion.
                                               spending $1 trillion, which is what the                 publicans are leaders. Republicans                       Mr. Speaker, what we’re trying to do
                                               Democrats want to do, versus trying to                  aren’t leaders. Republicans are ob-                    is apply the same principles and ideas
                                               balance our budget, work our way out                    structionists. You’re holding every-                   that President Obama had to an agency
                                               of problems, grow our economy, jobs,                    thing up.                                              that spends its life doing rules and reg-
                                               job creation and investment. That’s                       We’re doing meaningless, sound-bite,                 ulations. And to say that doing their
                                               what we’re trying to do, and that’s                     press-release legislation day in and day               job correctly, with a balance, is some-
                                               what Republicans talked about last                      out, not helping put one more Amer-                    thing that we shouldn’t require them
                                               month.                                                  ican back to work, not alleviating any                 to do is a silly argument.
                                                  That’s why we came forth with a                      of the difficulties that the middle class                That’s like saying that Republicans
                                               budget when the Senate hadn’t even                      is dealing with right now.                             and sequestration—when it was a
                                               done a budget, under Democrat leader-                     My friends are obstructing every-                    President Obama idea. It is the Presi-
                                               ship, for 4 years.                                      thing. They’re holding things up.                      dent’s idea. Sequestration—he’s the
                                                  That’s why we are leaders in Wash-                   They’re delaying the economic recov-                   one that proposed it. We’re the ones
                                               ington. Republicans are leaders in the                  ery. It is unconscionable that we are on               that simply took him up on his idea.
                                               House of Representatives. We maintain                   the floor doing things that are going                  And he signed it into law.
                                               the control. We follow the order and                    nowhere and that are helping no one.                     They’re arguing with themselves
                                               listen to the American people of trying                   With that, Mr. Speaker, I yield 2                    about the things which are good. Once
                                               to make their lives better, not grow a                  minutes to the distinguished gentle-                   again, the President initiated seques-
                                               government that will be out of control,                 woman from California (Ms. WATERS),                    tration. We worked with the President
                                               like an Attorney General who, upon                      the ranking member of the Committee                    as a back-stop. There we are.
                                               taking the oath of office, then decides                 on Financial Services.                                   The President issues this same rul-
                                               when he does and when he does not                         Ms. WATERS. Mr. MCGOVERN, I                          ing, asking agencies to please make
                                               want to make decisions, and whether                     thank you so much for aptly describing                 sure they include cost-benefit analysis,
                                               he recuses himself; or whether you                      what is happening on the floor today                   but don’t apply it later to someone who
                                               have an IRS that’s out of control and                   relative to the SEC.                                   spends their life doing rules and regula-
                                               in people’s lives and making decisions                    Since its passage, Republicans have                  tions.
                                               that are politically based.                             introduced dozens upon dozens of bills
                                                                                                                                                                               b 0940
                                                  Mr. Speaker, this is the reason why                  to undermine, repeal, or otherwise dis-
                                               we need a government that is smaller,                   mantle Dodd-Frank; and a prime exam-                     Mr. Speaker, it’s an amazing world
                                               more efficient, and does not have time                  ple of that is what they’re doing on                   that we live in. We thought, the chair-
                                               or the inclination to become all things                 this whole issue of cost-benefit anal-                 man of the Financial Services Com-
                                               to all people, and to tell the American                 ysis.                                                  mittee, JEB HENSARLING, after testi-
                                               people what they will do and control                      We’re going to have on the floor                     mony in meetings and in feedback
                                               our lives. That’s why we’re here today.                 today a bill that is going to pile more                thought, the SEC actually agreed with
                                                  And, Mr. Speaker, I couldn’t be                      requirements on top of the SEC for eco-                this. We simply put it in as something
                                               happier than to say today we’re on the                  nomic analysis. We’re going to have a                  they ought to be doing on a regular
                                               floor trying to talk about what we                      bill whose real aim is to bog down the                 basis.
                                               thought was an idea that would be ac-                   SEC so that they won’t be able to do                     Now, Mr. Speaker, I have right now a
                                               cepted by every single person in this                   their work, so that they won’t be able                 gentleman from the committee who
                                               body as a great idea.                                   to do their rulemaking, so that they                   has spent time and heard the testi-
                                                  I reserve the balance of my time.                    won’t be able to protect investors. This               mony and understands that this should
                                                  Mr. MCGOVERN. Mr. Speaker, I’m a                     is absolutely unconscionable.                          be a piece of legislation that we all
                                               little bit confused. The gentleman from                   I can understand that there’s a lot of               agree with because it’s common sense.
                                               Texas says he wants a smaller govern-                   disagreement with Dodd-Frank. I can                      I yield 6 minutes to the gentleman
                                               ment, yet the bill that he’s proposing                  understand that there are those on the                 from North Carolina, a member of Fi-
                                               here that we discuss on the floor actu-                 opposite side of the aisle who are con-                nancial Services, Mr. MCHENRY.
                                               ally will cost the American taxpayers                   cerned about protecting the markets                      Mr. MCHENRY. Thank you, Mr.
                                               more.                                                   and not necessarily the investors.                     Chair.
                                                  CBO says we need an additional $23                     But to come up with the kind of ob-                    This debate is actually really abso-
                                               million for this additional bureaucracy                 struction that we’re seeing, not only                  lutely bizarre. President Obama asked
                                               that the gentleman has embraced.                        legislatively, but going so far as to                  for a cost-benefit analysis for inde-
                                               We’re going to need to hire 20 new em-                  team up with their friends and go into                 pendent regulatory agencies in an exec-
                                               ployees, according to CBO, in order to                  court, as they have done on proxy ac-                  utive order. It’s absolutely bizarre be-
                                               meet these new requirements.                            cess, and get a ruling against proxy ac-               cause the chairman of the SEC, then
                                                  So if you want a smaller government,                 cess so that they can, basically, have                 Mary Schapiro, committed in writing
                                               here we are expanding government. But                   this bill come to the floor today, where               to Congressman GARRETT, Congress-
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                                               they’re expanding government in a way                   they put requirement on top of require-                man ISSA, and me, committed in writ-
                                               that will hurt the little guy and pro-                  ment, costing more money, as Mr.                       ing to a cost-benefit analysis. Chair-
                                               tect Wall Street, which is to be ex-                    MCGOVERN has said, costing more time,                  man Schapiro even in September of
                                               pected.                                                 and diverting the attention away from                  2011 agreed to a retrospective review of
                                                  Just one thing I want to say to make                 the work that the SEC should be doing.                 offering and reporting requirements
                                               clear to my colleagues, in case any-                      I am particularly concerned about                    and posting this on a Web page seeking
                                               body’s a little bit confused here as well               the Jobs Act, the jobs bill. Yes, on the               public input.



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                                               H2726                                             CONGRESSIONAL RECORD — HOUSE                                                         May 17, 2013
                                                 So the complaints from the other                        We need to be focused on capital for-                The Wall Street Journal have all re-
                                               side of the aisle seem absolutely bi-                   mation. We need to be focused on mak-                  ported on a suspicious surge in stock
                                               zarre because we have commitments.                      ing sure that we foster regulations and                prices caused by operatives in the po-
                                               What we’re trying to do is codify in law                review regulations so that we can get                  litical intelligence industry. On April
                                               what was a process a former chairman                    this economy moving again. That’s                      1, a political intelligence consultant
                                               of the SEC committed to. We want to                     what this is all about.                                sent an email to selected investors an-
                                               make sure that this is not ad hoc, that                   I would say to my colleague on the                   nouncing a pending change in govern-
                                               it goes forward, that it’s in the statute,              other side of the aisle who raised the                 ment policy that would benefit health
                                               and that it’s clear. Why are we doing                   question of the cost of this, what this                insurance companies.
                                               this? Well, we’ve heard from the other                  cost comes from is what the SEC says,                    Shortly after that email was sent—
                                               side of the aisle that we need to focus                 right, that it’s going to cost us addi-                actually 18 minutes before the stock
                                               on investor protection.                                 tional money to review these regula-                   market closed that day—stocks in
                                                 There’s the other part of the SEC                     tions, implicitly saying that they have                three major health insurance compa-
                                               which is supposed to foster capital for-                regulations on the books that they                     nies skyrocketed by—hold the phone—
                                               mation. Now, what is capital forma-                     don’t review, that they don’t look back                $660 million. In 18 minutes before the
                                               tion? Capital formation is the capacity,                on a regular basis and see if they actu-               close of trading that day, three health
                                               or the ability, of a business to get the                ally fit to the modern marketplace.                    industries got investments of $660 mil-
                                               moneys they need to grow and employ                     And we have rules on the books that                    lion; and that occurred 30 minutes be-
                                               more people and to offer more products                  have been on the books for over 80                     fore the government announced its de-
                                               or more services. It’s the money a busi-                years. So I think it’s high time we                    cision.
                                               ness needs, the investors of the busi-                  forced the SEC to do something that is                   Now, earlier this week, we learned
                                               ness need, in order to grow and help get                responsible, that is right, and that                   that the political intelligence consult-
                                               this economy moving. I thought that’s                   even this President has called for.                    ant sent a subsequent email boasting
                                               what we’re all about. We hear speech                      I hope the folks on the other side of                to his lobbyist friend: ‘‘Did you see
                                               after speech from the President that’s                  the aisle would join us in making sure                 what I did to the stock market in the
                                               what he’s all about. But we hear from                   that we have this bill pass on a unani-                final 30 minutes of trading? I still want
                                               the other side of the aisle that they                   mous basis. With that, I would also en-                to buy you a drink.’’
                                               don’t like this approach because                        courage us to pass this rule.                            Now, this is exactly the kind of ques-
                                               they’re not focused on that, which is                     Mr. MCGOVERN. Mr. Speaker, talk
                                                                                                                                                              tionable case that I have been fighting
                                               unfortunate.                                            about bizarre, the notion that a bill
                                                 The reason why we’re putting this in                                                                         for 7 years, and we finally got the
                                                                                                       comes to the floor, that CBO, the non-
                                               statute is that the SEC too often just                                                                         STOCK Act; but my point this morning
                                                                                                       partisan Congressional Budget Office,
                                               puts rules into place without consider-                                                                        is that the SEC has launched an inves-
                                                                                                       says is going to cost $20 million, there
                                               ation of the cost. Their process has                                                                           tigation into this matter. There would
                                                                                                       will be a need for additional employees,
                                               never been formalized until the last 2                                                                         be no cost-benefit whatever to having
                                                                                                       and there’s nothing in this bill that
                                               years of actually weighing both the                     will cover those costs, and on top of                  the SEC stop looking into this bill and
                                               costs and benefits of a rule. They sim-                 that my friends who, by the way, em-                   what happened to the stock markets
                                               ply say they’re benefits. Well, we all                  braced sequestration, that’s your plan,                that day because of political intel-
                                               know, and I hope the other side of the                  I would say to my colleague from                       ligence so they can look back over an-
                                               aisle would admit, that there is a cost                 Texas. That’s not the President’s plan.                cient laws. There would be no cost-ben-
                                               to regulation. I would hope that they                   It was the Members of this House led                   efit having the SEC so tied up with
                                               would admit that.                                       by the majority here that voted for it.                that that they cannot regulate that
                                                 Now, I will give you an example: reg-                   To everybody who doesn’t like it over                which they are supposed to regulate
                                               ulation A is the ability of small busi-                 there, guess what? You’re in charge.                   had they done a better job. The recent
                                               nesses to get capital from the public                   Fix it. Bring something to the floor                   financial disaster that cost us an awful
                                               markets. Regulation A in 1998 gave 57                   and fix it. Mr. VAN HOLLEN has an al-                  lot and would have been a great benefit
                                               offerings through regulation A. It                      ternative. You won’t even let us bring                 to stop was not caught in time.
                                               meant 58 businesses getting money                       it to the floor. So don’t complain about                                b 0950
                                               from outside investors through this                     something that you supported and you
                                               regulation. This is for the smaller size                                                                         The political intelligence industry
                                                                                                       voted for and now you don’t want to
                                               businesses. By 2001, you only had one                                                                          walks the Halls of Congress every day
                                                                                                       fix.
                                               take advantage of this regulation A to                    Just one other thing. I want to make                 looking to privately profit from the
                                               get moneys for their small- and me-                     it clear to my colleagues that this isn’t              public trust. However, unlike lobbyists,
                                               dium-sized businesses.                                  about protecting small businesses. This                there are no regulations to ensure they
                                                 Well, what happened? The market                       is about protecting Wall Street, big                   adhere to any ethical standard of be-
                                               changed, but the SEC, because they                      banks, and big financial institutions. I               havior.
                                               were not obligated to, did not review                   get it, you know. That’s nothing new                     Months before I introduced the
                                               their rules. They did not update their                  coming from the other side of the aisle.               STOCK Act in 2006 there were sus-
                                               rules. They did not think about the                     But that’s what this is about.                         picious Wall Street trades occurring
                                               cost of cutting off capital to small                      At this point, Mr. Speaker, I yield 5                immediately prior to the Senate Ma-
                                               businesses that absolutely, desperately                 minutes to the gentlewoman from New                    jority Leader announcing an important
                                               need this, mainly because of the chang-                 York, the distinguished ranking mem-                   vote on asbestos liability legislation. It
                                               ing nature of the economy and the im-                   ber of the Rules Committee, Ms.                        soon became apparent that nonpublic
                                               pact of the awful Dodd-Frank act that                   SLAUGHTER.                                             information regarding the legislation
                                               has imposed enormous cost burdens on                      Ms. SLAUGHTER. Mr. Speaker, I                        had been used to enrich stockholders,
                                               banks, and so we have less banks lend-                  thank the gentleman for yielding me                    and the political intelligence industry
                                               ing so businesses need a different op-                  the time.                                              was at the heart of the case.
                                               portunity to get money.                                   With today’s legislation, the major-                   We had a lonely battle, those of us—
                                                 So what we’re putting in place is a 5-                ity is putting the interests of Wall                   there were seven of us for three terms
                                               year review of those rules so the SEC is                Street, once again, before the welfare                 that cosponsored the bill. But in 2011, a
                                               forced to weigh both the costs and ben-                 of the American people. Unfortunately,                 television program called ‘‘60 Minutes’’
                                               efits of these regulations, and we can                  the majority’s desire to give a helping                did an expose on insider trading by
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                                               get this economy moving again and                       hand to Wall Street is nothing new. In                 Congress. And overnight, just about—
                                               capital flowing again. That’s what it’s                 addition to today’s legislation, the ma-               well, maybe by the end of the week, I’d
                                               really all about. That’s not a great deal               jority has repeatedly provided favors to               say—we had 286 cosponsors in the
                                               of fuss; but we have folks on the other                 a shadowy arm of Wall Street known as                  House, including 99 Republican cospon-
                                               side of the aisle that simply want to                   the political intelligence industry.                   sors.
                                               make a fuss about that, which is unfor-                   Over the last few weeks, The New                       As the bill gained popularity, I was
                                               tunate.                                                 York Times, The Washington Post, and                   promised a markup in the Financial



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                                               May 17, 2013                                      CONGRESSIONAL RECORD — HOUSE                                                                   H2727
                                               Services Committee, but it was can-                       Mr. CONNOLLY. I thank my friend                      tecting big banks and Wall Street and
                                               celed, pulled out from under the chair.                 from Massachusetts.                                    big financial institutions. It’s the
                                               In the Senate, Senator GRASSLEY                           I’ve got to say, listening to my                     same-old, same-old. This is nothing
                                               joined our cause. And when Senator                      friends on the other side of the aisle,                new for those who have been following
                                               Lieberman took it out of the Senate                     they give revisionist history a bad                    the agenda of the House Republicans.
                                               bill, Senator GRASSLEY had an amend-                    name. They want us all to somehow                        So, Mr. Speaker, I’m going to urge
                                               ment that passed the Senate, putting                    forget how the recession began and on                  that we defeat the previous question.
                                               political intelligence back into the                    whose watch. It began under George W.                  And if we defeat the previous question,
                                               STOCK Act. However, it still had to                     Bush, not Barack Obama. It ended                       I will offer an amendment to the rule
                                               come back to the House. And miracu-                     under Barack Obama.                                    to bring up H. Res. 174, Representative
                                               lously, political intelligence was re-                    My friend from Texas talks about the                 CHRIS VAN HOLLEN’s resolution, telling
                                               moved once more to benefit Wall                         job loss. That was on George W. Bush’s                 the Speaker to appoint conferees to ne-
                                               Street. It was put on the suspension                    watch, when we were losing almost                      gotiate a compromise budget agree-
                                               calendar, completely unamendable. I                     700,000 jobs a month. On average, this                 ment with the Senate.
                                               could do nothing about it. It is very                   year, we’ve been creating 208,000 jobs a                 It has been 55 days since the Senate
                                               painful for me. At least I’ve been pay-                 month—and it would be more but for                     passed a budget. My Republican friends
                                               ing attention here to what I have seen                  the Republican gutting of public sector                made a big deal about the fact that we
                                               happening since. So I promise you that                  investment that’s already cost us                      shouldn’t be paid unless we pass a
                                               we will come back again with it, but as                 600,000 jobs and shaved a full point off               budget. The House has passed a budget,
                                               I said, I’m pleased that the SEC is in-                 unemployment. In other words, unem-                    the Senate has passed a budget, but my
                                               vestigating this most recent case.                      ployment would be one point lower                      Republican friends don’t want to go to
                                                 Two days ago, I tried to do an amend-                 than it is today but for their efforts.                conference because they don’t believe
                                               ment on this particular bill to see if we                 They want you to forget the Wall                     in compromise.
                                               could bring political intelligence back.                Street meltdown that required TARP—                      So to discuss the importance of start-
                                               It would have helped the SEC build the                  on their watch. Now they decry Dodd-                   ing the budget negotiations with the
                                               insider trading investigations, but the                 Frank as if it caused the meltdown,                    Senate, I yield 5 minutes to the gen-
                                               majority in the Rules Committee re-                     that it is this hobnail boot on the jug-               tleman from Maryland (Mr. VAN HOL-
                                               jected my amendment and we go on                        ular of the poor banking community                     LEN), the ranking member of the Budg-
                                               today, as usual, without it.                            and investment community and Wall                      et Committee.
                                                 We also go on today with a bill that’s                Street, which, if removed, would un-                     Mr. VAN HOLLEN. I thank my friend
                                               never going to go to the Senate. As I                   leash unparalleled economic activity—                  from Massachusetts.
                                               pointed out yesterday on our 38th try                   the consumer and the investor, not so                    There has been a lot of talk on the
                                               to repeal the health care bill, that cost               much.                                                  floor this morning about the sequester
                                               us $54 million on that particular bill                    Let’s call this bill what it is—a                    and the negative impact it’s having on
                                               alone, and every time that we have                      naked attempt to undermine the inves-                  the economy. I would remind my col-
                                               tried to repeal it—$54 million has been                 tor and consumer protections of Dodd-                  leagues, as my friend from Massachu-
                                               spent to try to repeal Medicare.                        Frank and tilt the table once again in
                                                 The SPEAKER pro tempore. The                                                                                 setts (Mr. MCGOVERN) did, that on four
                                                                                                       favor of Wall Street, at the direct ex-                occasions the House Democrats have
                                               time of the gentlewoman has expired.                    pense of Main Street investors.
                                                 Mr. MCGOVERN. I yield the gentle-                                                                            tried to bring to this floor for a vote a
                                                                                                         This bill would render what should be                bill that would replace the sequester,
                                               lady 1 additional minute.
                                                 Ms. SLAUGHTER. CBS has said it                        the SEC’s primary focus—investor pro-                  end the disruption, and end the job loss
                                               costs about $25 million to run the                      tection—an ephemeral objective at                      that the Congressional Budget Office
                                               House. I really would like to find out                  best. Why else would this bill codify                  says is coming with the sequester.
                                               how much House time we’ve paid and                      some of the best practices of the execu-                 This morning we’re going to ask this
                                               how many millions of dollars we’ve                      tive order, but then conveniently omit                 House to take a simple vote on another
                                               spent since this term started with bills                any assessment of the benefits accrued                 resolution, and I’m going to read it be-
                                               like this, one House bill—one House                     by greater investor protection?                        cause it’s really simple. It says:
                                               bill that we know the Senate will never                   They want you to believe the nar-                      Resolved, that it is the sense of the House
                                               take up, will never become law. And if                  rative that regulation only involves                   of Representatives that the Speaker should
                                               by some fluke they should, the Presi-                   cost. But regulation also includes bene-               follow regular House procedure and imme-
                                               dent tells us that he will veto it—over                 fits to protect investors, to protect                  diately request a conference and appoint
                                               and over and over again.                                homeowners, to protect senior citizens.                conferees to negotiate a fiscal year 2014
                                                 I could be mistaken with one or two                   That’s why AARP has expressed con-                     budget resolution agreement with the United
                                                                                                       cern about this bill. That’s why we                    States Senate.
                                               things, but to the best of my recollec-
                                               tion the only thing we’ve done here                     should defeat the rule.                                  Now, we all stood on this floor and
                                               this term that got some action in both                    Mr. SESSIONS. You know, Mr.                          heard our Republican colleagues criti-
                                               Houses was when we changed the FAA                      Speaker, what we’re trying to do is to                 cize the United States Senate for 3
                                               policy under sequestration. And I join                  put in writing exactly what the gen-                   years because they did not have a
                                               my friend, Mr. MCGOVERN, to say what                    tleman talked about why are they pro-                  budget. Well, guess what? The United
                                               we should have done is do away with                     mulgating the rule, what effects would                 States Senate passed a budget more
                                               sequestration. Maybe the freshmen                       their rule have, and why what they do                  than 53 days ago. But now what’s hap-
                                               who wanted to vote again to repeal the                  makes sense and is in a balanced way.                  pened is the Speaker of this House has
                                               health care bill might have gotten                      That’s what we’re trying to do here                    refused to go to conference to nego-
                                               some joy out of lifting sequestration                   today. It makes sense to me. I wish it                 tiate a final budget.
                                               and letting cancer patients again get                   made sense to more people in this                        We heard for weeks and weeks the
                                               their treatment and children go to                      body.                                                  mantra, ‘‘No budget, no pay.’’ Appar-
                                               Head Start. I’d like to try to do it that                 I reserve the balance of my time.                    ently, that was a meaningless cry be-
                                               way. Talk about cost benefit—that’s a                     Mr. MCGOVERN. Mr. Speaker, let me                    cause as of right now there is no Fed-
                                               benefit. If we really want to worry                     just say that I think what’s going on                  eral budget and Members of the House
                                               about how much it cost and what we                      here is basically that my Republican                   and the Senate are still getting paid.
                                               get from it, nothing could prove that                   friends are trying to expand the bu-                   Did you mean it or did you not mean
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                                               better than to lift sequestration.                      reaucracy and potentially charge the                   it?
                                                 Mr. SESSIONS. Mr. Speaker, in order                   American taxpayers $23 million. But
                                               to balance out the time, I’m going to                   they’re not going to provide the                                       b 1000
                                               reserve the balance of my time.                         money, and so they’re just going to bog                 We heard complaints about how the
                                                 Mr. MCGOVERN. Mr. Speaker, I am                       down an agency that is designed to pro-                President’s budget was late this year.
                                               happy to yield 2 minutes to the gen-                    tect investors and consumers. I think                  Guess what, Mr. Speaker? We are now
                                               tleman from Virginia (Mr. CONNOLLY).                    that’s the game here. This is about pro-               way overdue in getting a resolution out



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                                               H2728                                             CONGRESSIONAL RECORD — HOUSE                                                          May 17, 2013
                                               of conference committee. If you look at                 ‘‘wink-wink’’ knowing, hey, the House                  our friends screaming and yelling
                                               the statute, the law, on the budget, it                 can pass a budget, the Senate can pass                 about what the Senate should do until
                                               says the House and Senate are sup-                      a budget, but it doesn’t actually get                  a good idea took place, and that is, in
                                               posed to have completed conference ac-                  the job done.                                          essence, ‘‘no work, no budget, no pay.’’
                                               tion by April 15. We are way overdue.                     Mr. Speaker, I just ask, let us have a                 Mr. VAN HOLLEN. Will the gen-
                                               And the only reason we are overdue is                   vote to appoint conferees to get on                    tleman yield, because we don’t have a
                                               because this House and the Speaker of                   with the Nation’s business.                            budget right now.
                                               this House refuses to appoint conferees.                  Mr. SESSIONS. Mr. Speaker, I yield                     Mr. SESSIONS. Do you know what?
                                                 The Senate Democrats on eight occa-                   myself such time as I may consume.                     We didn’t for 4 years either. We did not
                                               sions, Mr. Speaker, have asked for                        We’ve turned this debate into some                   have a budget for 4 years. It is actually
                                               unanimous consent in the Senate to go                   really commonsense ideas, and that is,                 not required by law. We operated as
                                               to conference, and they have been                       that we ought to have a budget, which                  two bodies—us, we in the House, trying
                                               blocked over there. It is getting to be a               is what Republicans have said for                      to move forward with a budget that we
                                               little embarrassing to some of the Re-                  years. I have no doubt in my mind that                 did pass, and the Senate acting like it
                                               publican Senators.                                      when Chairman PAUL RYAN of the                         wasn’t important.
                                                 I just want to show you a quote from                  House Budget Committee, when he is                       I completely agree with the gen-
                                               Senator MCCAIN just the other day: ‘‘I                  ready, when he feels like they have                    tleman from Maryland. I think we
                                               think it’s insane for Republicans, who                  worked out an understanding with the                   should do it. That’s why Republicans
                                               complained for 4 years about HARRY                      chairman——                                             came up with the process of ‘‘no budg-
                                               REID not having a budget and now                          Mr. VAN HOLLEN. Will the gen-                        et, no pay.’’
                                               we’re not going to agree to conferees.                  tleman yield on that point?                              I think we will see very quickly an
                                               That is beyond comprehension for me.’’                    Mr. SESSIONS. I yield to the gen-                    opportunity for the ideas around this
                                                 And guess what, Mr. Speaker? This is                  tleman from Maryland.                                  issue to materialize. We’ll find out
                                               getting beyond comprehension to the                       Mr. VAN HOLLEN. You mentioned                        what the differences are, maybe why
                                               American people, saying one thing and                   Chairman RYAN and the chairman of                      we haven’t done it.
                                               doing another.                                          the Senate Budget Committee, PATTY                       That’s not what this bill is about
                                                 Here’s some other Republican Sen-                     MURRAY. Senator MURRAY was one of                      today. I’ll have the conversations. I’ll
                                               ators:                                                  the people just the other day on the                   be able to speak cogently. And I will
                                                 Senator BOOZMAN: ‘‘I think we need                                                                           tell you that the gentleman from Wis-
                                                                                                       Senate floor asking for unanimous con-
                                               to go to conference.’’                                                                                         consin (Mr. RYAN) and, I believe, be-
                                                                                                       sent to go to conference, because she
                                                 Senator WICKER: ‘‘I would say by the                                                                         cause I know him well, the gentleman
                                                                                                       and Chairman RYAN are not in the
                                               end of next week’’—that’s this coming                                                                          from Maryland should have a chance to
                                                                                                       process of trying to negotiate behind
                                               week—‘‘we probably should be ready to                                                                          keep doing their work because they be-
                                                                                                       closed doors. We need to do this in the
                                               go to conference.’’                                                                                            lieve it’s part of the process.
                                                 Senator COBURN: ‘‘I’m okay with                       light of day. And she has asked, along
                                                                                                       with Senator REID, now eight times to                    So I offer nothing but accolades of
                                               going right now.’’                                                                                             the gentleman, the young gentleman,
                                                 And on and on.                                        go to conference. So why delay going
                                                                                                       to conference?                                         who is the ranking member of the
                                                 You would think our House Repub-
                                                                                                         Mr. SESSIONS. I don’t deal with                      Budget Committee. And he knows that.
                                               lican colleagues would begin to feel a
                                                                                                       Senator PATTY MURRAY very much, but                    He knows what kind of a person I am.
                                               little sense of that embarrassment as
                                                                                                       I bet you she has an opportunity to call               I would not say it if I didn’t believe it.
                                               well, given the fact that they called for                                                                        But I did not come prepared today on
                                               years to get a budget done and now are                  PAUL RYAN if that’s what she wants.
                                                                                                         Mr. VAN HOLLEN. Well, she has. She                   this bill because it is not what it is ger-
                                               standing in the way of getting that                                                                            mane about, and I will respond to him.
                                               exact budget done.                                      has said, Mr. Speaker, that she wants
                                                                                                       to go to conference right away, and                    As a Member of House Republican lead-
                                                 In fact, the Speaker of this House on
                                                                                                       that’s why we’re waiting for the Speak-                ership, I will tell you that our Speaker
                                               multiple occasions has said we should
                                                                                                       er in this House to go to conference.                  is interested in moving this body
                                               go to conference on the budget, that
                                                                                                         Mr. SESSIONS. And I have every rea-                  through.
                                               that’s how we resolve things in the reg-                                                                         The gentleman from Ohio under-
                                               ular order.                                             son to believe that when PAUL RYAN
                                                                                                       and PATTY MURRAY work out the dif-                     stands how important regular order is,
                                                 Here’s what the Speaker said on
                                                                                                       ferences and decide these things, that                 how important doing budgets is, how
                                               ‘‘Meet the Press’’ back in March when
                                                                                                       that can happen.                                       making sure that the American people
                                               we were all putting together our budg-
                                                                                                         Mr. VAN HOLLEN. I don’t under-                       have a chance to know what we’re
                                               ets, the Senate was putting together a
                                                                                                       stand. You want them to work out a                     doing. I mean, we actually read bills
                                               budget and the House was putting to-
                                                                                                       budget behind closed doors?                            before we pass them, Mr. Speaker.
                                               gether a budget: ‘‘It’s time for us to get                                                                       I reserve the balance of my time.
                                               back to regular order here in Congress.                   Mr. SESSIONS. I would remind the
                                                                                                                                                                Mr. MCGOVERN. Mr. Speaker, I ask
                                               When the House passes a bill, the Sen-                  gentleman, I’m not involved in those
                                                                                                                                                              unanimous consent that this House
                                               ate passes a bill; and if we disagree, we               conversations. I do know that this is
                                                                                                                                                              goes to conference.
                                               go to conference to resolve those dif-                  part of your job as the ranking mem-
                                                                                                                                                                The SPEAKER pro tempore. Does the
                                               ferences.’’                                             ber. I respect that, and I would be in
                                                                                                                                                              gentleman from Texas yield for that
                                                 The Speaker said this on multiple oc-                 favor of it, because I, too, want us to
                                                                                                                                                              request?
                                               casions.                                                have more of a unified budget, a clear                   Mr. SESSIONS. No, sir.
                                                 I just want to read again from the                    understanding, an opportunity for us to                  The SPEAKER pro tempore. The gen-
                                               resolution I’m asking this House to                     understand what we’re trying to do.                    tleman does not yield.
                                               vote on this morning. It says simply:                     Regaining my time, I would say to                      Mr. MCGOVERN. Mr. Speaker, I have
                                               Resolved, that it is the sense of the                   the gentleman and to this body, I have                 a parliamentary inquiry. Under the
                                               House that the Speaker should follow                    every reason to believe that there can                 rules of the House, would it be possible
                                               regular House procedure and appoint                     be opportunities for our two bodies to                 if the gentleman would yield for that
                                               the conferees that he told the country                  work together.                                         request that we could go to conference?
                                               on national television he would do in                     My last point: This ‘‘no budget, no                    The SPEAKER pro tempore. The gen-
                                               order to make sure that we get on with                  pay,’’ it worked. It worked, Mr. Speak-                tleman from Texas would have to yield
                                               the fundamental business of this coun-                  er. It was the law. The President actu-                for any such request and the gentleman
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                                               try and pass a Federal budget. Not just                 ally produced a budget.                                from Texas did not yield.
                                               a House budget, not just a Senate                         Mr. VAN HOLLEN. Will the gen-                          Mr. MCGOVERN. I think that says it
                                               budget. Those things are meaningless                    tleman yield on that point?                            all.
                                               by themselves. You’ve got to get a Fed-                   Mr. SESSIONS. The House produced                       I am happy to yield to the gentleman
                                               eral budget.                                            a budget. And the Senate produced a                    from Maryland.
                                                 It turns out that this ‘‘no budget, no                budget, which they had not done for 4                    Mr. VAN HOLLEN. I thank my
                                               pay’’ thing was really just a kind of                   years. So for 4 years you didn’t hear                  friend.



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                                               May 17, 2013                                      CONGRESSIONAL RECORD — HOUSE                                                                H2729
                                                 I thank my friend, the chairman of                    are not doing anything to help the                       In a larger sense, here is why we are
                                               the Rules Committee as well. But the                    American people. We still have seques-                 here today. Here is why Republicans
                                               gentleman, the chairman of the Rules                    tration in place, there are people being               are doing what we are doing with the
                                               Committee, said the process worked,                     furloughed, there are businesses that                  budget, with a jobs bill that was passed
                                               that ‘‘no budget, no pay’’ worked.                      are losing contracts, there are people                 by this body, why we are trying to talk
                                                 I would remind the gentleman, we                      in the public and private sectors who                  about what we would do with seques-
                                               don’t have a budget as of right now.                    are being laid off as a result of this.                tration—the President’s idea. This
                                               And, in fact, we are now out of compli-                    By the way, sequestration is what my                House has passed numerous times in-
                                               ance with our own law, which says that                  Republican friends embraced and voted                  formation, our ideas, giving the Presi-
                                               the conference committee should re-                     for. So, when anyone comes to the floor                dent the ideas about how we think se-
                                               port the budget by April 15. I think we                 here and says, Oh, we don’t really like                questration should work, a debt limit.
                                               can check our calendars. We know it’s                   it, I would remind them that, as much                  We are faced with another debt limit
                                               way overdue. And the only thing that’s                  as I hate to admit this, the Repub-                    vote here in our future. Two weeks ago,
                                               stopping us from going to conference                    licans are in charge of the House. They                the House talked about how that
                                               right now is the Speaker has refused to                 can bring a remedy to the floor any                    should be handled. That bill was com-
                                               move forward on this.                                   time they want to. Mr. VAN HOLLEN                      pletely mischaracterized.
                                                                                                       has offered on many, many occasions                      The reason we are here is that, under
                                                                 b 1010                                                                                       Barack Obama and Democrats, our
                                                                                                       an alternative to get us out of seques-
                                                 As I indicated, eight times in the                    tration, but each time he offers it the                country is having a $1 trillion deficit
                                               Senate, the Senate Majority Leader                      Republican majority says ‘‘no.’’ You                   every year, and there is not one year in
                                               and PATTY MURRAY, Senator MURRAY,                       don’t even have the right to bring it to               the future that they can point to in
                                               the chairman of the Senate Budget                       the floor. You can’t even debate it on                 which we would balance our budget
                                               Committee, have asked for unanimous                     the floor. That’s the answer that we’re                even for one year. If you cannot bal-
                                               consent to go to conference. So we                                                                             ance your budget, if you cannot control
                                                                                                       getting, and it is totally unacceptable.
                                               could get on with this right now, as Mr.                   I would urge my colleagues to vote                  yourself—your spending habits, your
                                               MCGOVERN suggested, if our Republican                   ‘‘no’’ on the previous question so we                  insatiable appetite to grow govern-
                                               colleagues would allow us to offer a                    can get Mr. VAN HOLLEN’s resolution                    ment—then it means that we are on a
                                               motion to go to conference by unani-                    made in order so that we can go to con-                dangerous trajectory.
                                               mous consent.                                                                                                    Look at this, Mr. Speaker. This is
                                                                                                       ference and do something meaningful,
                                                 Mr. MCGOVERN. In reclaiming my                                                                               history. This is what lies ahead. This is
                                                                                                       and I would also urge a rejection of
                                               time, Mr. Speaker, may I inquire of the                                                                        the demise for our children of America
                                                                                                       this bill.
                                               gentleman from Texas how many more                                                                             being a great Nation. This is why Re-
                                                                                                          I have to tell you, Mr. Speaker, that
                                               speakers he has.                                                                                               publicans are down here. This is our
                                                                                                       I think the American people are get-
                                                 Mr. SESSIONS. Mr. Speaker, I thank                                                                           past. This is our future. Republicans
                                                                                                       ting sick and tired of the majority in
                                               the gentleman for asking. I have no ad-                                                                        are here with ideas about balance,
                                                                                                       this House essentially rooting for this
                                               ditional speakers at this time.                                                                                structure, working together—the SEC
                                                                                                       economy’s demise so they can gain
                                                 Mr. MCGOVERN. I yield myself the                                                                             or other agencies working together—to
                                                                                                       some political advantage. I think peo-
                                               balance of my time.                                                                                            the benefit of growing jobs, balance,
                                                                                                       ple are getting tired of it. They are                  things that make sense, instead of a
                                                 Again, I think what we have just wit-                 hoping that we can come together in
                                               nessed kind of says it all. My Repub-                                                                          government that’s out of control with
                                                                                                       the spirit of compromise and get some                  an IRS with a political agenda and
                                               lican friends really do not have any in-                things done—help put people back to
                                               tention of going to conference. They do                                                                        with the Department of Justice abus-
                                                                                                       work, help the average working family,                 ing its powers that were invested in the
                                               not want to compromise. I think they                    help the middle class, help lift those in
                                               were    hoping    maybe     the  Senate                                                                        Constitution’s and the Bill of Rights’
                                                                                                       poverty out of poverty. They’re hoping                 understanding of a balance.
                                               wouldn’t come up with a budget and                      that we’re going to do something seri-                   This reminds me of a prior adminis-
                                               that they could have a talking point or                 ous and meaningful so that it will                     tration, under Richard Nixon, when he
                                               a press release, but the Senate did                     make a difference in their lives. We’re                used the IRS and the Department of
                                               come up with a budget. We have a                        not doing that, and it’s a grave dis-                  Justice to punish his enemies, people
                                               budget here in the House that I strong-                 appointment, I think, to people all over               he disagreed with.
                                               ly disagree with because I think it                     this country—to Democrats, Repub-                        Mr. Speaker, we are here on a broad
                                               ruins our economy, but nonetheless,                     licans, Independents alike.                            range of ideas, evidently, today. When
                                               that’s what the majority in this House                     So, again, I urge my colleagues to                  I woke up, I thought it was just about
                                               voted for. We ought to go to con-                       vote ‘‘no’’ and defeat the previous ques-              a balanced rule for the SEC, for them
                                               ference, and we ought to be able to fig-                tion. I urge a ‘‘no’’ vote on the rule and             to apply in their rules and regulations
                                               ure this out.                                           on the bill, and I yield back the bal-                 a chance to say ‘‘cost-benefit analysis’’
                                                 Mr. Speaker, I ask unanimous con-                     ance of my time.                                       so that those to whom they provide
                                               sent to insert the text of my amend-                       Mr. SESSIONS. I yield myself the                    regulations would understand and the
                                               ment to the rule, which would defeat                    balance of my time.                                    SEC would understand for their some
                                               the previous question, in the RECORD,                      Mr. Speaker, I am delighted to be on                175 lawyers and 50 economists who look
                                               along with extraneous material, imme-                   the floor today as we approach this                    at the marketplace. Let’s balance this
                                               diately prior to the vote on the pre-                   issue about the Securities and Ex-                     out. That’s what I thought we were
                                               vious question.                                         change Commission, the SEC, in that                    here for. Instead, I have learned today
                                                 The SPEAKER pro tempore. Is there                     we would simply codify in the law an                   we are here to talk about the budget,
                                               objection to the request of the gen-                    understanding that they would need to,                 that we are here to talk about seques-
                                               tleman from Massachusetts?                              as they have the task of addressing the                tration, that we are here to talk about
                                                 There was no objection.                               large rules and regulations that they                  a lot of things which all embody them-
                                                 Mr. MCGOVERN. Mr. Speaker, let me                     have—but not for every rule and regu-                  selves in: our country is in trouble.
                                               just say in closing: another day and an-                lation—put a cost-benefit analysis in                    We are in trouble because the Presi-
                                               other meaningless piece of legislation                  their process. It makes sense.                         dent of the United States is for a big-
                                               that is going nowhere. It is a piece of                    I find it very amazing that our col-                ger activist government, for a health
                                               legislation, quite frankly, that is                     leagues have taken this to the level                   care bill that will cause us to lose 2
smartinez on DSK6TPTVN1PROD with HOUSE




                                               geared toward helping big banks and                     that they have in trying to say that                   million more jobs and will keep small
                                               big financial institutions at the ex-                   we’re doing this to be for big banks and               business smaller. It will harm our fu-
                                               pense of investors and small busi-                      against the American people or con-                    ture. Republicans are here simply with
                                               nesses. This is a bill that, again, I                   sumers. That is a farfetched idea. It is               common sense and balance today just
                                               think, may make a nice press release                    about the rules and regulations that                   to talk about the SEC. I welcome the
                                               for people who want to do big fund-                     they talk about, just like government                  chance for my colleagues, as they have
                                               raisers, but at the end of the day, we                  agencies would be required to have.                    done today, to come to the floor.



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                                               H2730                                             CONGRESSIONAL RECORD — HOUSE                                                                   May 17, 2013
                                                 The gentleman, Mr. VAN HOLLEN, is                     in order to offer an amendment. On March                Barber            Griffith (VA)     Pittenger
                                                                                                       15, 1909, a member of the majority party of-            Barletta          Grimm             Pitts
                                               one of my closest friends on the Hill.                                                                          Barr              Guthrie           Poe (TX)
                                               He is a man who I work with on a reg-                   fered a rule resolution. The House defeated
                                                                                                                                                               Barton            Hall              Posey
                                                                                                       the previous question and a member of the
                                               ular basis, and I respect him. His ideas                                                                        Benishek          Hanna             Price (GA)
                                                                                                       opposition rose to a parliamentary inquiry,             Bentivolio        Harper            Radel
                                               related to moving forward on the con-                   asking who was entitled to recognition.                 Bilirakis         Harris            Reed
                                               ference should be answered, and I an-                   Speaker Joseph G. Cannon (R-Illinois) said:             Bishop (UT)       Hartzler          Reichert
                                               ticipate they will. I simply came un-                   ‘‘The previous question having been refused,            Black             Hastings (WA)     Renacci
                                               prepared as to that answer today.                       the gentleman from New York, Mr. Fitz-                  Blackburn         Heck (NV)         Ribble
                                                                                                                                                               Bonner            Hensarling        Rice (SC)
                                                 So, Mr. Speaker, as always, I will fin-               gerald, who had asked the gentleman to
                                                                                                                                                               Boustany          Herrera Beutler   Rigell
                                               ish where I started and say Repub-                      yield to him for an amendment, is entitled to           Brady (TX)        Holding
                                                                                                       the first recognition.’’                                                                    Roby
                                               licans are trying to provide leadership.                                                                        Bridenstine       Hudson            Roe (TN)
                                                                                                         The Republican majority may say ‘‘the                 Brooks (AL)       Huelskamp
                                               Our great Speaker, JOHN BOEHNER, does                                                                                                               Rogers (AL)
                                                                                                       vote on the previous question is simply a               Brooks (IN)       Huizenga (MI)
                                                                                                                                                                                                   Rogers (KY)
                                               understand regular order and that it is                 vote on whether to proceed to an immediate              Broun (GA)        Hultgren
                                                                                                                                                                                                   Rogers (MI)
                                               important to read bills before you pass                 vote on adopting the resolution. . . . [and]            Buchanan          Hunter
                                                                                                                                                                                                   Rohrabacher
                                               them.                                                                                                           Bucshon           Hurt
                                                                                                       has no substantive legislative or policy im-                                                Rokita
                                                                                                                                                               Burgess           Issa
                                                                b 1020                                 plications whatsoever.’’ But that is not what           Calvert           Jenkins
                                                                                                                                                                                                   Rooney
                                                                                                       they have always said. Listen to the Repub-             Camp              Johnson (OH)      Ros-Lehtinen
                                                 We believe in coming to the floor and                 lican Leadership Manual on the Legislative              Cantor            Jones             Roskam
                                               talking about ideas before problems                     Process in the United States House of Rep-              Capito            Jordan            Ross
                                                                                                                                                               Carter            Joyce             Rothfus
                                               occur. That’s what we’ve been doing.                    resentatives, (6th edition, page 135). Here’s
                                                                                                                                                               Cassidy           Kelly (PA)        Royce
                                               That’s what the Rules Committee is                      how the Republicans describe the previous                                                   Runyan
                                                                                                                                                               Chabot            King (IA)
                                               about. And the legislation that we have                 question vote in their own manual: ‘‘Al-                                                    Ryan (WI)
                                                                                                                                                               Chaffetz          King (NY)
                                                                                                       though it is generally not possible to amend                                                Salmon
                                               handled since January has been all                      the rule because the majority Member con-
                                                                                                                                                               Coble             Kingston
                                                                                                                                                               Coffman           Kinzinger (IL)    Sanford
                                               about trying to work together to let                    trolling the time will not yield for the pur-           Cole              Kline             Schock
                                               the American people know we get it.                     pose of offering an amendment, the same re-             Collins (GA)      LaMalfa           Schweikert
                                               We’re going to balance what we do with                  sult may be achieved by voting down the pre-            Collins (NY)      Lamborn           Scott, Austin
                                               their needs and desires to make sure                    vious question on the rule. . .When the mo-             Conaway           Lance             Sensenbrenner
                                                                                                                                                               Cook              Lankford          Sessions
                                               that this country remains strong and is                 tion for the previous question is defeated,
                                                                                                                                                               Cotton            Latham            Shimkus
                                               ready for its future because, Mr.                       control of the time passes to the Member                Cramer            Latta             Shuster
                                               Speaker, I, like you, have children who                 who led the opposition to ordering the pre-             Crawford          LoBiondo          Simpson
                                                                                                       vious question. That Member, because he                 Crenshaw          Long              Smith (NE)
                                               need our country to be prepared for the                 then controls the time, may offer an amend-             Culberson         Lucas             Smith (NJ)
                                               future.                                                 ment to the rule, or yield for the purpose of           Davis, Rodney     Luetkemeyer       Smith (TX)
                                                 Mr. Speaker, I ask my colleagues to                   amendment.’’                                            Denham            Lummis            Southerland
                                               vote ‘‘yes’’ on the rule and ‘‘yes’’ on                                                                         Dent              Marchant          Stewart
                                                                                                         In Deschler’s Procedure in the U.S. House
                                                                                                                                                               DeSantis          Marino            Stivers
                                               the underlying legislation.                             of Representatives, the subchapter titled               DesJarlais        Massie            Stockman
                                                 The material previously referred to                   ‘‘Amending Special Rules’’ states: ‘‘a refusal          Diaz-Balart       McCarthy (CA)     Stutzman
                                               by Mr. MCGOVERN is as follows:                          to order the previous question on such a rule           Duncan (SC)       McCaul            Terry
                                                                                                       [a special rule reported from the Committee             Duncan (TN)       McClintock        Thompson (PA)
                                                 AN AMENDMENT TO H. RES. 216 OFFERED BY                                                                        Ellmers           McHenry
                                                                                                       on Rules] opens the resolution to amend-                                                    Thornberry
                                                     MR. MCGOVERN OF MASSACHUSETTS                                                                             Farenthold        McKeon
                                                                                                       ment and further debate.’’ (Chapter 21, sec-                                                Tiberi
                                                 At the end of the resolution, add the fol-                                                                    Fincher           McKinley
                                                                                                       tion 21.2) Section 21.3 continues: ‘‘Upon re-                                               Tipton
                                               lowing new sections:                                                                                            Fitzpatrick       McMorris
                                                                                                       jection of the motion for the previous ques-                                                Turner
                                                 SEC. 2. Immediately upon adoption of this                                                                     Fleischmann         Rodgers
                                                                                                       tion on a resolution reported from the Com-                                                 Upton
                                                                                                                                                               Fleming           Meadows
                                               resolution the House shall consider without             mittee on Rules, control shifts to the Mem-             Flores            Meehan
                                                                                                                                                                                                   Valadao
                                               intervention of any point of order the resolu-                                                                                                      Walberg
                                                                                                       ber leading the opposition to the previous              Forbes            Messer
                                               tion (H. Res. 174) expressing the sense of the                                                                                                      Walden
                                                                                                       question, who may offer a proper amendment              Fortenberry       Mica
                                               House of Representatives that the Speaker                                                                       Foxx              Miller (FL)       Walorski
                                                                                                       or motion and who controls the time for de-                                                 Weber (TX)
                                               should immediately request a conference and                                                                     Franks (AZ)       Miller (MI)
                                                                                                       bate thereon.’’                                                                             Webster (FL)
                                               appoint conferees to complete work on a fis-                                                                    Frelinghuysen     Miller, Gary
                                                                                                         Clearly, the vote on the previous question            Gardner           Mullin            Wenstrup
                                               cal year 2014 budget resolution with the Sen-           on a rule does have substantive policy impli-                                               Westmoreland
                                                                                                                                                               Garrett           Mulvaney
                                               ate. The resolution shall be considered as              cations. It is one of the only available tools          Gerlach           Murphy (PA)       Whitfield
                                               read. The previous question shall be consid-            for those who oppose the Republican major-              Gibbs             Neugebauer        Williams
                                               ered as ordered on the resolution to adoption           ity’s agenda and allows those with alter-               Gibson            Noem              Wilson (SC)
                                               without intervening motion or demand for                                                                        Gohmert           Nugent            Wittman
                                                                                                       native views the opportunity to offer an al-
                                               division of the question except one hour of                                                                     Goodlatte         Nunes             Wolf
                                                                                                       ternative plan.                                                                             Womack
                                               debate equally divided and controlled by the                                                                    Gosar             Nunnelee
                                                                                                         Mr. SESSIONS. With that, I yield                      Gowdy             Olson             Woodall
                                               chair and ranking minority member of the
                                                                                                       back the balance of my time, and I                      Granger           Paulsen           Yoder
                                               Committee on the Budget.                                                                                        Graves (GA)       Pearce            Yoho
                                                 SEC. 3. Clause 1(c) of rule XIX shall not             move the previous question on the res-
                                                                                                                                                               Graves (MO)       Perry             Young (FL)
                                               apply to the consideration of H. Res. 174.              olution.                                                Griffin (AR)      Petri             Young (IN)
                                               THE VOTE ON THE PREVIOUS QUESTION: WHAT IT
                                                                                                         The SPEAKER pro tempore. The
                                                                                                       question is on ordering the previous                                       NAYS—181
                                                                 REALLY MEANS
                                                                                                       question.                                               Andrews           Cicilline         Ellison
                                                  This vote, the vote on whether to order the                                                                  Barrow (GA)       Clarke            Engel
                                               previous question on a special rule, is not               The question was taken; and the                       Bass              Clay              Enyart
                                               merely a procedural vote. A vote against or-            Speaker pro tempore announced that                      Beatty            Cleaver           Eshoo
                                               dering the previous question is a vote                  the ayes appeared to have it.                           Becerra           Cohen             Esty
                                               against the Republican majority agenda and                Mr. MCGOVERN. Mr. Speaker, on                         Bera (CA)         Connolly          Farr
                                                                                                                                                               Bishop (GA)       Conyers           Fattah
                                               a vote to allow the Democratic minority to              that I demand the yeas and nays.                        Bishop (NY)       Cooper            Foster
                                               offer an alternative plan. It is a vote about             The yeas and nays were ordered.                       Blumenauer        Costa             Frankel (FL)
                                               what the House should be debating.                                                                              Bonamici          Courtney          Fudge
                                                                                                         The SPEAKER pro tempore. Pursu-
                                                  Mr. Clarence Cannon’s Precedents of the                                                                      Brady (PA)        Crowley           Gabbard
                                               House of Representatives (VI, 308–311), de-             ant to clause 9 of rule XX, the Chair                   Braley (IA)       Cuellar           Gallego
                                               scribes the vote on the previous question on            will reduce to 5 minutes the minimum                    Brownley (CA)     Davis (CA)        Garamendi
                                               the rule as ‘‘a motion to direct or control the         time for any electronic vote on the                     Bustos            Davis, Danny      Green, Al
                                                                                                       question of adoption of the resolution.                 Butterfield       DeFazio           Green, Gene
                                               consideration of the subject before the House
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                                                                                                                                                               Capps             DeGette           Grijalva
                                               being made by the Member in charge.’’ To                  The vote was taken by electronic de-                  Capuano           Delaney           Hahn
                                               defeat the previous question is to give the             vice, and there were—yeas 222, nays                      ´
                                                                                                                                                               Cardenas          DeLauro           Hastings (FL)
                                               opposition a chance to decide the subject be-           181, not voting 30, as follows:                         Carney            DelBene           Heck (WA)
                                               fore the House. Cannon cites the Speaker’s                                                                      Carson (IN)       Deutch            Himes
                                               ruling of January 13, 1920, to the effect that                             [Roll No. 155]                       Cartwright        Dingell           Holt
                                               ‘‘the refusal of the House to sustain the de-                               YEAS—222                            Castor (FL)       Doggett           Honda
                                                                                                                                                               Castro (TX)       Doyle             Horsford
                                               mand for the previous question passes the               Aderholt          Amash                 Bachmann
                                                                                                                                                               Chu               Duckworth         Huffman
                                               control of the resolution to the opposition’’           Alexander         Amodei                Bachus




                                         VerDate Mar 15 2010   05:12 May 18, 2013   Jkt 029060   PO 00000   Frm 00010   Fmt 0636   Sfmt 0634    E:\CR\FM\K17MY7.017   H17MYPT1
                                               May 17, 2013                                         CONGRESSIONAL RECORD — HOUSE                                                                             H2731
                                               Israel             McIntyre           Schakowsky           Culberson          King (IA)             Roe (TN)         Meeks             Rangel             Speier
                                               Jackson Lee        McNerney           Schiff               Davis, Rodney      King (NY)             Rogers (AL)      Meng              Richmond           Swalwell (CA)
                                               Jeffries           Meeks              Schneider            Denham             Kingston              Rogers (KY)      Michaud           Roybal-Allard      Takano
                                               Johnson (GA)       Meng               Schrader             Dent               Kinzinger (IL)        Rogers (MI)      Miller, George    Ruiz               Thompson (CA)
                                               Johnson, E. B.     Michaud            Schwartz             DeSantis           Kline                 Rohrabacher      Moore             Ruppersberger      Thompson (MS)
                                               Kaptur             Miller, George     Scott (VA)           DesJarlais         LaMalfa               Rokita           Moran             Rush               Tierney
                                               Keating            Moore              Serrano              Diaz-Balart        Lamborn               Rooney           Murphy (FL)       Ryan (OH)          Titus
                                               Kelly (IL)         Moran              Sewell (AL)          Duncan (SC)        Lance                 Ros-Lehtinen     Nadler             ´
                                                                                                                                                                                      Sanchez, Linda     Tonko
                                               Kennedy            Murphy (FL)        Shea-Porter          Duncan (TN)        Lankford              Roskam           Napolitano          T.               Tsongas
                                               Kildee             Nadler             Sherman              Ellmers            Latham                Ross             Neal              Sanchez, Loretta
                                                                                                                                                                                                         Van Hollen
                                               Kilmer             Napolitano         Sinema               Farenthold         Latta                 Rothfus          Negrete McLeod    Sarbanes
                                                                                                                                                                                                         Vargas
                                               Kind               Neal               Sires                Fincher            LoBiondo              Royce            O’Rourke          Schakowsky
                                                                                                                                                                                                         Veasey
                                               Kirkpatrick        Negrete McLeod     Slaughter            Fitzpatrick        Long                  Runyan           Owens             Schiff
                                               Kuster             O’Rourke           Smith (WA)                                                                     Pallone           Schneider          Vela
                                                                                                          Fleischmann        Lucas                 Ryan (WI)                                                ´
                                                                                                                                                                                                         Velazquez
                                               Langevin           Owens              Speier               Fleming            Luetkemeyer           Salmon           Pastor (AZ)       Schrader
                                               Larsen (WA)        Pallone            Swalwell (CA)        Flores             Lummis                                 Payne             Schwartz           Visclosky
                                                                                                                                                   Sanford                                               Walz
                                               Larson (CT)        Pastor (AZ)        Takano               Forbes             Maffei                                 Perlmutter        Scott (VA)
                                                                                                                                                   Schock                                                Wasserman
                                               Lee (CA)           Payne              Thompson (CA)        Fortenberry        Marchant                               Peters (CA)       Serrano
                                                                                                                                                   Schweikert                                              Schultz
                                               Levin              Perlmutter         Thompson (MS)        Foxx               Marino                                 Peters (MI)       Sewell (AL)
                                                                                                                                                   Scott, Austin                                         Waters
                                               Lipinski           Peters (CA)        Tierney              Franks (AZ)        Massie                                 Peterson          Shea-Porter
                                                                                                                                                   Sensenbrenner                                         Watt
                                               Loebsack           Peters (MI)        Titus                Frelinghuysen      McCarthy (CA)                          Pingree (ME)      Sherman
                                                                                                                                                   Sessions                                              Waxman
                                               Lowenthal          Peterson           Tonko                Gardner            McCaul                                 Pocan             Sinema
                                                                                                                                                   Shimkus                                               Welch
                                               Lowey              Pingree (ME)       Tsongas              Garrett            McClintock                             Polis             Sires
                                                                                                                                                   Shuster                                               Wilson (FL)
                                               Lujan Grisham      Pocan              Van Hollen           Gerlach            McHenry                                Price (NC)        Slaughter
                                                                                                                                                   Simpson
                                                 (NM)             Polis              Vargas               Gibbs              McKeon                                 Rahall            Smith (WA)         Yarmuth
                                                   ´
                                               Lujan, Ben Ray     Price (NC)         Veasey                                                        Smith (NE)
                                                                                                          Gibson             McKinley
                                                 (NM)             Rahall             Vela                                                          Smith (NJ)                        NOT VOTING—30
                                                                                                          Gohmert            McMorris
                                               Lynch              Rangel                 ´
                                                                                     Velazquez                                                     Smith (TX)
                                                                                                          Goodlatte            Rodgers                              Brown (FL)        Gutierrez          Nolan
                                               Maffei             Richmond           Visclosky                                                     Southerland
                                                                                                          Gosar              Meadows                                Campbell          Hanabusa           Palazzo
                                               Maloney,           Roybal-Allard      Walz                 Gowdy              Meehan                Stewart
                                                                                                                                                                    Clyburn           Higgins            Pascrell
                                                 Carolyn          Ruiz               Wasserman            Granger            Messer                Stivers
                                                                                                                                                                    Cummings          Hinojosa           Pelosi
                                               Maloney, Sean      Ruppersberger        Schultz            Graves (GA)        Mica                  Stockman
                                                                                                                                                                    Daines            Hoyer              Pompeo
                                               Matheson           Rush               Waters               Graves (MO)        Miller (FL)           Stutzman
                                                                                                                                                                    Duffy             Johnson, Sam       Quigley
                                               Matsui             Ryan (OH)          Watt                 Griffin (AR)       Miller (MI)           Terry
                                                                                                                                                                    Edwards           Labrador           Rigell
                                               McCarthy (NY)       ´
                                                                  Sanchez, Linda     Waxman               Griffith (VA)      Miller, Gary          Thompson (PA)
                                                                                                                                                                    Garcia            Lewis              Scalise
                                               McCollum             T.               Welch                Grimm              Mullin                Thornberry       Gingrey (GA)      Lofgren            Scott, David
                                               McDermott          Sanchez, Loretta   Wilson (FL)          Guthrie            Mulvaney              Tiberi           Grayson           Markey             Wagner
                                               McGovern           Sarbanes           Yarmuth              Hall               Murphy (PA)           Tipton
                                                                                                          Hanna              Neugebauer            Turner                              b 1055
                                                                NOT VOTING—30                             Harper             Noem                  Upton
                                               Brown (FL)         Gutierrez          Nolan                Harris             Nugent                Valadao             Mr. MAFFEI changed his vote from
                                               Campbell           Hanabusa           Palazzo              Hartzler           Nunes                 Walberg          ‘‘no’’ to ‘‘aye.’’
                                               Clyburn            Higgins            Pascrell             Hastings (WA)      Nunnelee              Walden              So the resolution was agreed to.
                                               Cummings           Hinojosa           Pelosi               Heck (NV)          Olson                 Walorski
                                                                                                          Hensarling         Paulsen               Weber (TX)          The result of the vote was announced
                                               Daines             Hoyer              Pompeo
                                               Duffy              Johnson, Sam       Quigley              Herrera Beutler    Pearce                Webster (FL)     as above recorded.
                                               Edwards            Labrador           Scalise              Holding            Perry                 Wenstrup            A motion to reconsider was laid on
                                               Garcia             Lewis              Scott, David         Hudson             Petri                 Westmoreland
                                                                                                                                                   Whitfield
                                                                                                                                                                    the table.
                                               Gingrey (GA)       Lofgren            Wagner               Huelskamp          Pittenger
                                               Grayson            Markey             Young (AK)           Huizenga (MI)      Pitts                 Williams                           f
                                                                                                          Hultgren           Poe (TX)              Wilson (SC)
                                                                                                                                                   Wittman                     SEC REGULATORY
                                                                 b 1047                                   Hunter             Posey
                                                                                                          Hurt               Price (GA)            Wolf                      ACCOUNTABILITY ACT
                                                 Mr. DEFAZIO and Ms. WILSON of                            Issa               Radel                 Womack
                                                                                                          Jenkins            Reed                  Woodall                            GENERAL LEAVE
                                               Florida changed their vote from ‘‘yea’’
                                               to ‘‘nay.’’
                                                                                                          Johnson (OH)       Reichert              Yoder              Mr. HENSARLING. Mr. Speaker, I
                                                                                                          Jones              Renacci               Yoho
                                                 Mr. WALBERG changed his vote                                                                                       ask unanimous consent that all Mem-
                                                                                                          Jordan             Ribble                Young (AK)
                                               from ‘‘nay’’ to ‘‘yea.’’                                   Joyce              Rice (SC)             Young (FL)       bers have 5 legislative days within
                                                 So the previous question was ordered.                    Kelly (PA)         Roby                  Young (IN)       which to revise and extend their re-
                                                 The result of the vote was announced                                                                               marks and submit extraneous material
                                                                                                                               NOES—180                             for the record on H.R. 1062, the SEC
                                               as above recorded.
                                                 The SPEAKER pro tempore. The
                                                                                                          Andrews            Davis, Danny          Jeffries         Regulatory Accountability Act of 2013.
                                                                                                          Barrow (GA)        DeFazio               Johnson (GA)
                                               question is on the resolution.                             Bass               DeGette               Johnson, E. B.
                                                                                                                                                                      The SPEAKER pro tempore. Is there
                                                 The question was taken; and the                          Beatty             Delaney               Kaptur           objection to the request of the gen-
                                               Speaker pro tempore announced that                         Becerra            DeLauro               Keating          tleman from Texas?
                                                                                                          Bera (CA)          DelBene               Kelly (IL)         There was no objection.
                                               the ayes appeared to have it.                              Bishop (GA)        Deutch                Kennedy
                                                                                                          Bishop (NY)        Dingell               Kildee             The SPEAKER pro tempore. Pursu-
                                                                 RECORDED VOTE
                                                                                                          Blumenauer         Doggett               Kilmer           ant to House Resolution 216 and rule
                                                 Mr. MCGOVERN. Mr. Speaker, I de-                         Bonamici           Doyle                 Kind             XVIII, the Chair declares the House in
                                               mand a recorded vote.                                      Brady (PA)         Duckworth             Kirkpatrick
                                                                                                                                                                    the Committee of the Whole House on
                                                 A recorded vote was ordered.                             Braley (IA)        Ellison               Kuster
                                                                                                          Brownley (CA)      Engel                 Langevin         the state of the Union for the consider-
                                                 The SPEAKER pro tempore. This is a                       Bustos             Enyart                Larsen (WA)      ation of the bill, H.R. 1062.
                                               5-minute vote.                                             Butterfield        Eshoo                 Larson (CT)        The Chair appoints the gentleman
                                                 The vote was taken by electronic de-                     Capps              Esty                  Lee (CA)
                                                                                                                                                                    from Georgia (Mr. WOODALL) to preside
                                               vice, and there were—ayes 223, noes 180,                   Capuano            Farr                  Levin
                                                                                                           ´
                                                                                                          Cardenas           Fattah                Lipinski         over the Committee of the Whole.
                                               not voting 30, as follows:                                 Carney             Foster                Loebsack
                                                                  [Roll No. 156]                          Carson (IN)        Frankel (FL)          Lowenthal                              b 1057
                                                                                                          Cartwright         Fudge                 Lowey                    IN THE COMMITTEE OF THE WHOLE
                                                                   AYES—223                               Castor (FL)        Gabbard               Lujan Grisham
                                               Aderholt           Blackburn          Carter               Castro (TX)        Gallego                 (NM)             Accordingly, the House resolved
                                               Alexander          Bonner             Cassidy              Chu                Garamendi                 ´
                                                                                                                                                   Lujan, Ben Ray   itself into the Committee of the Whole
                                               Amash              Boustany           Chabot               Cicilline          Green, Al               (NM)           House on the state of the Union for the
                                               Amodei             Brady (TX)         Chaffetz             Clarke             Green, Gene           Lynch
                                               Bachmann           Bridenstine        Coble                Clay               Grijalva              Maloney,         consideration of the bill (H.R. 1062) to
                                               Bachus             Brooks (AL)        Coffman              Cleaver            Hahn                    Carolyn        improve the consideration by the Secu-
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                                               Barber             Brooks (IN)        Cole                 Cohen              Hastings (FL)         Maloney, Sean    rities and Exchange Commission of the
                                               Barletta           Broun (GA)         Collins (GA)         Connolly           Heck (WA)             Matheson
                                               Barr               Buchanan           Collins (NY)         Conyers            Himes                 Matsui
                                                                                                                                                                    costs and benefits of its regulations
                                               Barton             Bucshon            Conaway              Cooper             Holt                  McCarthy (NY)    and orders, with Mr. WOODALL in the
                                               Benishek           Burgess            Cook                 Costa              Honda                 McCollum         chair.
                                               Bentivolio         Calvert            Cotton               Courtney           Horsford              McDermott          The Clerk read the title of the bill.
                                               Bilirakis          Camp               Cramer               Crowley            Huffman               McGovern
                                               Bishop (UT)        Cantor             Crawford             Cuellar            Israel                McIntyre           The CHAIR. Pursuant to the rule, the
                                               Black              Capito             Crenshaw             Davis (CA)         Jackson Lee           McNerney         bill is considered read the first time.



                                         VerDate Mar 15 2010    00:57 May 18, 2013   Jkt 029060     PO 00000   Frm 00011    Fmt 0636   Sfmt 0634     E:\CR\FM\A17MY7.002   H17MYPT1
                                               H2732                                             CONGRESSIONAL RECORD — HOUSE                                                         May 17, 2013
                                                 The gentleman from Texas (Mr. HEN-                      Now the President claims that we                       The Commission is undertaking a
                                               SARLING)   and the gentlewoman from                     ought to have this. He issued an execu-                valiant effort to finish the Dodd-Frank
                                               California (Ms. WATERS) each will con-                  tive order—No. 13563—saying govern-                    and Jobs Acts rule, even in the face of
                                               trol 30 minutes.                                        ment agencies ought to do it, but then                 attempts by the majority to restrict
                                                 The Chair recognizes the gentleman                    his administration issues a veto threat                their funding. As the SEC attempts to
                                               from Texas.                                             on this bill. I find that kind of inter-               balance capital formation with the
                                                 Mr. HENSARLING. Mr. Chairman, I                       esting. So the President says he wants                 need to protect investors, this bill
                                               yield myself such time as I may con-                    to do it; he’s just not actually going to              weights the scales heavily in favor of
                                               sume.                                                   do it.                                                 industry over investors. In fact, the
                                                 Mr. Chairman, I rise today to urge                      The SEC mission, among other                         words ‘‘investor protection’’ do not ap-
                                               the adoption of H.R. 1062. This is a bill               things, is to ensure that we help form                 pear anywhere in this bill.
                                               that technically is about something                     capital. You cannot have the benefits                    Even without this bill, we can count
                                               called cost-benefit analysis. I know to                 of capitalism and the free enterprise                  on industry lobbyists to sue the SEC
                                               some that sounds a little bit like Ph.D.                system without capital, capital forma-                 anytime it sees a weakness in the jus-
                                               economics, but, Mr. Chairman, what                      tion. So it’s necessary to ensure that                 tification supporting a rule, as they
                                               it’s really about is kitchen-table eco-                 we look at the cost of what we’re                      have in several other cases currently
                                               nomics.                                                 doing.                                                 before the courts.
                                                                                                         Apparently, the SEC historically—                      And this bill does not apply only to
                                                                  b 1100                               again, notwithstanding that they claim                 new rules. This is extraordinary—and I
                                                 When I go home to the Fifth District                  they’re going to do it. Most recently,                 want to say this so everybody under-
                                               of Texas, what I hear from my con-                      we’ve had a unanimous decision of the                  stands—this bill would require the
                                               stituents is that they’re insecure in                   D.C. Circuit Court of Appeals—unani-                   Commission to review every rule-
                                               their jobs—those who are lucky enough                   mous decision—in the proxy access                      making ever issued—even those that
                                               to have them.                                           case that the SEC failed—and failed                    have protected our securities markets
                                                 We know that millions of our fellow                   miserably—at ensuring cost-benefit                     since the Great Depression—1 year
                                               citizens are unemployed, are under-                     analysis, also known as kitchen-table                  after the adoption of this bill, and then
                                               employed; and those who are fortunate                   economics. How are the costs of their                  again every 5 years thereafter. As a re-
                                               enough to have jobs wonder will they                    rulemaking going to impact hard-                       sult, the Commission will be forced to
                                               have them tomorrow.                                     working Americans?                                     divert resources away from other key
                                                 We know again that we are in the                        It’s time to remedy this, Mr. Chair-
                                                                                                                                                              areas, such as enforcement.
                                               Great Recession, the ‘‘non-recovery’’                   man. Our constituents demand it.                         This comes at a time when House Re-
                                               recovery. So the impact of the regula-                    Again, I urge the adoption of H.R.
                                                                                                                                                              publicans want to hold SEC funding
                                               tions that are promulgated in Wash-                     1062, and I reserve the balance of my
                                                                                                                                                              flat, despite the SEC’s new responsibil-
                                               ington, D.C. has a huge impact on                       time.
                                                                                                         Ms. WATERS. Mr. Chairman, I yield                    ities—the increase in the number of
                                               kitchen-table economics, on whether or                                                                         participants it oversees and the growth
                                               not our constituents are going to be                    myself such time as I may consume.
                                                                                                         I rise to strongly oppose H.R. 1062.                 of complexity and the size of U.S. secu-
                                               able to put gas in the car to take their                                                                       rities markets.
                                                                                                       This bill places significant additional
                                               children to school, whether or not                                                                               It is ironic that as House Republicans
                                                                                                       requirements for economic analysis by
                                               they’re going to be able to help an el-                                                                        push this bill forward, they are also
                                                                                                       the Securities and Exchange Commis-
                                               derly parent with their medical bills,                                                                         calling for the SEC to speed up its ef-
                                                                                                       sion, effectively bringing any efforts at
                                               how they’re going to put groceries on                                                                          forts on Jobs Act rules. This bill makes
                                                                                                       rulemaking to a standstill.
                                               the table.                                                Let’s be clear: the purpose of this leg-             it impossible for the SEC to meet the
                                                 It is incumbent upon us, Mr. Chair-                   islative effort is to stop implementa-                 very deadline we adopted just 2 days
                                               man, to make sure that the rule-                        tion of the Dodd-Frank Wall Street Re-                 ago when we passed H.R. 701.
                                               making authority—that this body                         form and Consumer Protection Act                         I urge my colleagues to oppose H.R.
                                               helps grant the executive branch—at                     dead in its tracks. After losing in Con-               1062, and I reserve the balance of my
                                               least has to take into account how                      gress, the fight against the Dodd-Frank                time.
                                               their rulemaking impacts hardworking                    act moved to the courts, beginning                       Mr. HENSARLING. I yield myself 30
                                               American citizens and those who wish                    with overturning the proxy access                      seconds, Mr. Chairman, just to say
                                               to work hard.                                           rules they adopted under authority                     that, number one, in listening to my
                                                 So this is a very, very simple bill,                  provided by that act.                                  colleague, the ranking member, I’m
                                               Mr. Chairman. It simply says that the                     Although I agreed fully with the                     just curious about this concern about
                                               Securities and Exchange Commission                      SEC’s position, they went with their                   litigation burdens. We certainly didn’t
                                               has to adopt cost-benefit analysis to                   friends to court and the court found                   see it, as she and many of her col-
                                               ensure that the advertised benefits of                  that the SEC did not meet its already                  leagues back the proxy access rule, and
                                               one of their rules is actually measured                 significant requirements to conduct an                 how many have refused to support
                                               against the actual cost of what they’re                 economic analysis.                                     medical liability reform. So I don’t un-
                                               doing. This is vitally important.                         After the proxy access case was over-                derstand why the litigation burden
                                                 Mr. Chairman, as you well know, this                  turned, the SEC adopted improved                       concern is not there.
                                               body had a vote yesterday to repeal the                 standards for conducting cost-benefit                    In addition, I notice that the SEC has
                                               Affordable Care Act—or dare I say the                   analyses. These procedures were cited                  sought comment in the past on rule-
                                               Not So Affordable Care Act. And I’m                     by the GAO just last December as hav-                  making to ensure that there is a retro-
                                               curious, what would have happened had                   ing all of the elements of good regu-                  spective look-back because markets
                                               Congress had the benefit of the cost of                 latory analysis. Basically, what the                   change.
                                               this bill prior to that vote? What would                GAO is saying is we took a look, we                      At this time, Mr. Chairman, I would
                                               have happened had we known that the                     studied it, and they do a good job.                    like to yield 5 minutes to the chairman
                                               Congressional Budget Office said that                     Nonetheless, the bill before us today                of the Subcommittee on Capital Mar-
                                               we will have 800,000—almost 1 million—                  adds even more requirements, tying up                  kets and GSEs of the Financial Serv-
                                               fewer jobs because of ObamaCare?                        the SEC resources, and putting it at                   ices Committee, the author of the leg-
                                                 You know, when we took that vote,                     even greater risk for litigation for                   islation, the gentleman from New Jer-
                                               Mr. Chairman, all we had were the ad-                   every rule, despite the assurances of                  sey (Mr. GARRETT).
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                                               vertised benefits. But how come we                      my Republican colleagues that they’re                    Mr. GARRETT. I thank the gen-
                                               didn’t have the Congressional Budget                    only applying the terms of an execu-                   tleman.
                                               Office report of the cost? That’s just                  tive order to the SEC. That executive                    I rise today obviously in support of
                                               one example. Almost 1 million fewer                     order explicitly protects agencies from                H.R. 1062, the SEC Regulatory Ac-
                                               jobs because nobody bothered to con-                    lawsuits based on their economic anal-                 countability Act.
                                               duct cost-benefit analysis. It wasn’t re-               ysis. H.R. 1062 has no such protection                   At a time when new regulation after
                                               quired at the time.                                     for the SEC.                                           new regulation is being proposed by



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                                               May 17, 2013                                      CONGRESSIONAL RECORD — HOUSE                                                                 H2733
                                               this administration, it is critical that                er post-implementation assessment of                   what is before us today? A hurdle. Let’s
                                               we restore some semblance of order to                   new regulations so that post-imple-                    do more. Let’s require them to go back
                                               the regulatory process and ensure that                  mentation cost-benefit analysis can                    to 1933, review every rule, so they can-
                                               our Nation’s small businesses do not                    also be done, in addition to the pre-im-               not do their important work of pro-
                                               continue to drown in a sea of red tape.                 plementation. This will be able to bet-                tecting the American taxpayer and our
                                               So this legislation specifically subjects               ter inform the true impact of the major                economy of derivatives fraud, other
                                               the SEC to a more robust version of                     rules once they’re in place.                           fraud, and other abuses to investors.
                                               the President’s own order, which re-                       Now, some of my colleagues on the                     The CHAIR. The time of the gentle-
                                               quires and outlines an enhanced cost-                   other side of the aisle say these new re-              woman has expired.
                                               benefit analysis requirement, as well as                quirements will be too costly and will                   Mrs. CAROLYN B. MALONEY of New
                                               requires a review of existing regula-                   open the SEC to a flood of additional                  York. I’m just warming up. I think my
                                               tions.                                                  lawsuits. No, no, no, no. This could be                colleagues have a lot to say. It is a pre-
                                                                                                       further from the truth. By having                      scription for paralysis. I urge a ‘‘no’’
                                                                 b 1110                                these robust standards, the rules will                 vote for investor protection.
                                                 The SEC Regulatory Accountability                     be drafted so well that they will be                     Mr. HENSARLING. Mr. Chairman, I
                                               Act will do what? It will enhance the                   thoroughly done, they will not be                      yield myself 10 seconds just to say to
                                               SEC’s existing economic analysis re-                    struck down by the courts, and we will                 my friend from New York that if this
                                               quirements for requiring the Commis-                    not have to wade through additional                    regime is so effective, why was there a
                                               sion to first identify the nature of the                time and money defending them in                       unanimous decision in the D.C. Circuit
                                               problem that would be addressed before                  court and then redrafting the rules,                   Court of Appeals to say it was ineffec-
                                               issuing any new regulations.                            like the proxy access rule.                            tive, and if it is already on the books
                                                 While the SEC has already certain                        So in the end, this is a commonsense,               then the worst thing that we have done
                                               cost-benefit related requirements in                    pragmatic approach to our rulemaking                   is that we are being repetitive. I don’t
                                               current law relative to rulemaking, as                  process that should have been in place                 think that’s such a great sin.
                                               indicated before, recent court decisions                all along. And with our economy strug-                   I now yield 2 minutes to the gen-
                                               have vacated or remanded several of                     gling now with unemployment above                      tleman from Virginia, the vice chair-
                                               these and pointed out the deficiencies                  71⁄2 percent, we need to ensure that                   man of the Capital Markets Sub-
                                               in the Commission’s use of cost-benefit                 we’re making it easier, not harder, for                committee, Mr. HURT.
                                               analysis.                                               businesses to begin hiring again.                        Mr. HURT. I thank the chairman for
                                                 For example, recently the SEC in-                        Clearly, Mr. Chairman, a stronger                   yielding and thank him for his leader-
                                               spector general issued a report that ex-                commitment to economic analysis by                     ship on this issue.
                                               pressed several concerns about the                      the SEC is absolutely essential to en-                   Mr. Chairman, I rise today in strong
                                               quality of their analysis. They found                   sure reasonable rules do not unduly                    support of the bill that’s being offered
                                               that none of the rulemaking examined                    burden registered companies or nega-                   by Mr. GARRETT. This is a bill that will
                                               attempted to quantify either benefits                   tively impact job creation.                            ensure the SEC will abide by simple
                                                                                                          Ms. WATERS. At this time, I would                   cost-benefit analysis requirements.
                                               or costs, other than informational col-
                                                                                                       yield 2 minutes to the gentlelady from                   All Federal agencies, but especially
                                               lection cost.
                                                                                                       New York (Mrs. MALONEY).                               the SEC, affect the efficiency and the
                                                 This bill will ensure that the benefits                  Mrs. CAROLYN B. MALONEY of New
                                               of any rulemaking outweigh the cost,                                                                           success of our Main Street businesses—
                                                                                                       York. Mr. Chairman, I thank the lady
                                               and that both new and existing regula-                                                                         our Main Street businesses across Vir-
                                                                                                       for yielding and for her leadership.
                                               tions are accessible, consistent, writ-                    I strongly oppose this bill because I               ginia’s Fifth District and all across
                                               ten in plain language, and easy to un-                  believe it would in effect cripple the                 this country. The SEC primarily exists
                                               derstand.                                               SEC just as it undertakes the immense                  to protect investors, maintain fair and
                                                 The legislation will also require the                 task of implementing the essential                     efficient markets, and to facilitate cap-
                                               SEC to assess the cost and benefits of                  Dodd-Frank reforms. May I remind my                    ital formation. This positions the Com-
                                               available regulatory alternatives, in-                  colleagues that this country lost $12                  mission as a critical component of our
                                               cluding the alternative of not regu-                    trillion, according to some estimates,                 small businesses’ ability to access the
                                               lating at all, and to choose the ap-                    and it happened in part because regu-                  capital they need to grow jobs. If ac-
                                               proach that basically gives us the best                 lators, like the SEC, were ill-equipped,               cess to capital continues to be con-
                                               benefits.                                               underfunded, and did too little, too                   strained by overly burdensome regula-
                                                 Under the bill, the SEC shall evalu-                  slowly.                                                tions, we will not see the economic
                                               ate whether a proposed regulation is                       The Republican bill comes in the                    growth in the jobs that we need in my
                                               inconsistent, incompatible, or duplica-                 guise of requiring the SEC to under-                   district and across the United States.
                                               tive of other Federal regulations, as                   take a cost-benefit analysis of regula-                  While it is critical that the SEC be
                                               well.                                                   tions. But it is really a prescription for             able to promulgate certain rules to im-
                                                 So because some rulemaking has                        paralysis of the SEC’s ability to pro-                 plement congressional legislation, it is
                                               been politicized in the past, the bill                  tect our investors and our markets.                    also critical that Congress clearly set
                                               then requires this cost-benefit analysis                   There is already a multilayered and                 forth its legislative prerogatives. As
                                               which I talk about will be performed by                 highly effective cost-benefit analysis                 Members of Congress, we must ensure
                                               who? By the Commission’s chief econo-                   built into the SEC rulemaking process.                 that the rules that the SEC adopts are
                                               mist.                                                   Just look at the recent D.C. Circuit                   with good purpose and that they are
                                                 These are commonsense reforms.                        case where the court overturned an                     not unduly adding more burdens on
                                               They are appropriate, especially given                  SEC proxy access rule and sent a mes-                  hardworking Americans at a time when
                                               the fact that the Commission con-                       sage back to the SEC reminding them                    our economy is struggling.
                                               tinues to struggle with this issue. For                 of all the cost-benefit analysis that                    Indeed, I believe that all Federal
                                               instance, as already pointed out in the                 they are required to do now by law.                    agencies should be held accountable by
                                               recent unanimous decision of the D.C.                   They stated they will vacate any rule                  the Congress to ensure that the cost of
                                               Circuit Court of Appeals, which va-                     if this is not done.                                   the rules that they promulgate will not
                                               cated the Commission’s proxy access                        Already there is analysis required                  be greater than the benefit of those
                                               rule, the Court stated:                                 under the Paperwork Reduction Act,                     rules to the American people.
                                                                                                       the Congressional Review Act, and the                    Congressional oversight is our con-
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                                                 The Commission acted arbitrarily and ca-
                                               priciously for having failed once again ade-            Regulatory Flexibility Act. And just                   stitutional responsibility, and I’m
                                               quately to assess the economic benefits of a            for the SEC alone, in 1996, we passed                  proud to support this legislation to en-
                                               new      rule     and  inconsistently    and            the National Securities Market Im-                     sure that excessive Federal regulations
                                               opportunistically framed the costs and bene-            provement Act requiring a cost-benefit                 are not unnecessarily hindering job
                                               fits of the rule.                                       analysis.                                              creation at a time when the people
                                                 The bill also includes, besides all                      It is already there, it is on the books,            across Virginia’s Fifth District need
                                               this, a section that will provide a clear-              and it is enforced by our courts. So                   jobs the most.



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                                               H2734                                             CONGRESSIONAL RECORD — HOUSE                                                         May 17, 2013
                                                 I urge passage of this good bill.                     leagues to join with me in supporting                  sary regulations and allow businesses
                                                 Ms. WATERS. I now yield 2 minutes                     the SEC Regulatory Accountability                      to grow and to create jobs. Why, in 1
                                               to the gentlelady from Wisconsin, Rep-                  Act.                                                   month alone, over a million jobs were
                                               resentative GWEN MOORE.                                   Ms. WATERS. I yield 2 minutes to                     created.
                                                 Ms. MOORE. Mr. Chairman, I thank                      the gentleman from Minnesota, Rep-                       That’s why I support the Regulatory
                                               the gentlelady. Just let me say that a                  resentative ELLISON.                                   Accountability Act. It’s very simple. It
                                               2013 GAO study estimated that the fi-                     Mr. ELLISON. Mr. Chairman, we                        just requires a cost analysis of new leg-
                                               nancial crisis cost the U.S. economy a                  hear folks mentioning the need for                     islation and new requirements for busi-
                                               total of more than $22 trillion—a crisis                families to have gas and to pay medical                nesses before they’re implemented and
                                               brought on by Wall Street deregulation                  bills and to pay groceries—but wait a                  then     post-adoptive   analysis   after
                                               that allowed firms and markets to op-                   minute.                                                they’ve been put into effect.
                                               erate unchecked and without account-                      Didn’t the Wall Street reform crisis                   Mr. Chairman, we have 59 economists
                                               ability.                                                of 2008 nearly destroy the American                    at the SEC today and 175 attorneys, all
                                                 Supporters of this bill seek to ignore                economy? Didn’t it lead to 4 million                   trying to justify their careers with new
                                               those lessons and bind the SEC to the                   foreclosures? Didn’t it nearly wipe out                regulations that they are writing all
                                               myopic vision of deregulation that was                  billions of dollars in home value?                     the time. This has got to change. We
                                               completely discredited when it nearly                   Didn’t it do all of these things? In 2008,             need a positive business climate that
                                               caused a second Great Depression.                       didn’t we see Wall Street fraudster Ber-               will bring us out of the bondage of
                                                 This bill raises intractable hurdles to               nie Madoff rip off billions from inves-                Washington micromanagement and
                                               regulation, making it impossible to                     tors and charities and retirees, which                 that will allow hardworking Americans
                                               protect investors, even in the presence                 is something that the SEC has jurisdic-                to create better jobs and find better
                                               of fraud. Instead, this bill requires the               tion over?                                             jobs to support their families and pro-
                                               SEC to eliminate accountability for                       So then, why now are we under-                       vide for them.
                                               market participants, despite the sys-                   mining Wall Street reform and the                        Ms. WATERS. Mr. Chairman, I yield
                                               tematic risk that it imposes.                           ability of the SEC to protect investors?               2 minutes to the gentleman from Con-
                                                 Now, my dear colleagues on the other                  Why are we gumming up the works and                    necticut, Representative HIMES.
                                               side, I’ve heard them wax on and on                     making it so much more difficult? I                      Mr. HIMES. Thank you, Madam
                                               and on about a cost-benefit analysis.                   mean, the ink is barely dry on the bill,               Ranking Member, and thank you for
                                               This bill focuses totally on the cost to                and they are already deconstructing it.                your leadership of our side on this com-
                                               market participants and talks nothing,                    There is an interesting article I                    mittee.
                                               nothing, nothing about the benefits of                  would ask all of us to take a look at.                   Mr. Chair, I rise in opposition to H.R.
                                               the SEC regulation in protecting inves-                 It’s called, ‘‘He Who Makes the Rules,’’               1062.
                                               tors and avoiding systemic risk, noth-                  by Haley Edwards:                                        I find it curious that Chairman HEN-
                                               ing about the value of preventing an-                     Barack Obama’s biggest second-term chal-             SARLING, a man for whom I have a
                                               other financial meltdown.                               lenge isn’t guns or immigration. It’s saving           great deal of respect, frames this legis-
                                                                                                       his biggest first-term achievements, like the          lation in the context of the huge im-
                                                                 b 1120                                Dodd-Frank law, from being dismembered by              pact that financial regulation is sup-
                                                 The Republicans’ cost-benefit rhet-                   lobbyists and conservative jurists in the              posedly having on jobs in his district
                                               oric on this bill cloaks its reality,                   shadowy, Byzantine ‘‘rulemaking’’ process.             and on jobs in this country.
                                               which is that this bill benefits Wall                     The fact is that we know what’s                        I’ve read all of the economic reports
                                               Street and costs taxpayers. Wall Street                 going on here. We know what the game                   from the Federal Reserve to econo-
                                               bemoans all regulations as too costly;                  is. It has nothing to do with groceries                mists on the left and the right, and not
                                               yet they keep posting record profits                    or medical bills. It’s about Wall                      one of them says that our economy is
                                               and keep paying record bonuses.                         Street’s interests and its trying to ex-               recovering slowly because of financial
                                                 I urge all of my colleagues to support                pand even more in the area of bonuses                  regulation. They talk about the aus-
                                               those hurt by the financial crisis and                  and profitability, which it has so much                terity. They talk about the sequester
                                               to vote against this legislation.                       of already. Banks are enjoying their                   as meaningfully reducing the number
                                                 Mr. HENSARLING. Mr. Chairman, at                      largest profits in history, and yet we                 of jobs in this country. By the way,
                                               this time, I yield 11⁄2 minutes to the                  are considering a bill that would under-               they’re policies that Chairman HEN-
                                               gentleman from Frog Jump, Tennessee                     mine landmark Wall Street reform.                      SARLING’s party has supported from
                                               (Mr. FINCHER).                                          This bill undermines the financial se-                 moment one. They talk about Europe.
                                                 Mr. FINCHER. Mr. Chairman, I rise                     curity for the American people and the                 They talk about housing. They talk
                                               today in support of the SEC Regu-                       economy.                                               about inadequate demand. Nobody says
                                               latory Accountability Act.                                Now, I am a firm believer in the                     that financial regulation is materially
                                                 Title I of the JOBS Act was so impor-                 American process of civil redress, but I               impeding our recovery.
                                               tant for smaller companies in trying to                 also know that you can kick the door                     Curious that that’s on the table.
                                               go public, because a lot of regulations                 open and use strategic lawsuits simply                   Curious also that 2 days ago this
                                               come with the IPO process. If more and                  to slow down and gum up the works.                     House passes legislation to demand the
                                               more of a company’s resources have to                   It’s clear that that would be the effect               SEC to speed up its rule writing on the
                                               be dedicated to government regula-                      of this particular piece of legislation,               JOBS Act, and today we are here to
                                               tions, the company can’t expand and                     which is duplicative and which is un-                  pass a measure that would actually
                                               create jobs. That’s why we need a bal-                  necessary.                                             slow down the SEC.
                                               anced approach to regulations.                            Vote ‘‘no’’ on H.R. 1062.                              Curious. Why is that?
                                                 Before I make any major decision,                       Mr. HENSARLING. Mr. Chairman, I                        Curious that the other side, my
                                               like every hardworking taxpayer, I use                  yield 11⁄2 minutes to the gentleman                    friends in the Republican Party, have
                                               common sense. I evaluate the effect                     from North Carolina (Mr. PITTENGER).                   consistently sought to underfund the
                                               that decision will have on me, on my                      Mr. PITTENGER. I rise today in sup-                  SEC at the very moment in history
                                               bank account, on my family, and so on.                  port of H.R. 1062, the SEC Regulatory                  when we have added dramatically to
                                               Why shouldn’t the Federal Government                    Accountability Act.                                    their purview—the derivatives market,
                                               ask itself those same questions?                          Mr. Chairman, we are coming out of                   the mortgage market—that they now
                                               Shouldn’t the SEC question if a regula-                 and are still in the worst recession re-               must regulate. Yet, in 2011, when they
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                                               tion is good for business? Does it help                 covery since the 1930s. Our economic                   were first to assume these responsibil-
                                               capital formation? Will it do more                      growth is at an anemic 21⁄2 percent. We                ities, the Republicans sought to cut the
                                               harm than good or vice versa?                           can’t continue like this. It’s all be-                 SEC budget by $300 million against
                                                 All we are asking the SEC to do is a                  cause we have got a very burdensome                    what was ultimately paid for.
                                               simple     economic    analysis   before                regulatory environment. What we need                     So what is really happening? If I may
                                               issuing a potentially expensive regu-                   is a regular recovery, one in which                    quote the chairman, what is this really
                                               latory action. I encourage my col-                      they lift the burdensome and unneces-                  about? None of that makes sense.



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                                               May 17, 2013                                      CONGRESSIONAL RECORD — HOUSE                                                                H2735
                                                 What this is really about is an ongo-                 to regulating the financial sector. She                ferent economists and different job cre-
                                               ing ideological effort to tie the regu-                 wants to strengthen enforcement, she                   ators than I have because what I under-
                                               latory agencies up by cutting their                     wants to oversee the markets through                   stand from them is that, frankly, we
                                               budgets, by refusing to confirm their                   wise regulations that keep pace with                   have trillions of dollars of capital sit-
                                               leadership, by imposing litigation hur-                 technology, and she wants to complete                  ting on the sidelines because of Dodd-
                                               dles and cost-benefit analyses ad nau-                  the rulemaking progress for Dodd-                      Frank, because we have rulemaking
                                               seam such that they cannot do their                     Frank. We know how important each of                   that falls into two categories: those
                                               job; and if they can’t do their job, this               those things is. She certainly has her                 that create uncertainty and those that
                                               country loses jobs.                                     work cut out for her, but it sounds like               create certain harm.
                                                 Mr. HENSARLING. Mr. Chairman, at                      she knows just what the doctor or-                       Last, but not least, I actually have
                                               this time, I yield 1 minute to the chair-               dered.                                                 the numbers from CBO on the budget of
                                               man of the Financial Services and Gen-                    Unfortunately, today’s bill threatens                the SEC. And I think if you examine
                                               eral Government Appropriations Sub-                     to distract Chairman White from her                    them carefully, Mr. Chairman, you will
                                               committee, the gentleman from Flor-                     efforts to protect investors and to pro-               discover that in a little over 10 years,
                                               ida (Mr. CRENSHAW).                                     tect our financial system from another                 this is an agency whose budget has in-
                                                 Mr. CRENSHAW. I thank the gen-                        crisis. Today’s bill piles needless re-                creased 300 percent.
                                               tleman for the time, and I thank Mr.                    quirements and bureaucratic burdens                      I reserve the balance of my time.
                                               GARRETT for bringing this important                     on an agency that’s already got too                      Ms. WATERS. Mr. Chairman, I yield
                                               piece of legislation before the House                   much to do and that is underfunded.                    3 minutes to the gentleman from Illi-
                                               today.                                                    A critical part of the SEC’s mission                 nois, Representative FOSTER.
                                                 As chairman of the Appropriations                     is protecting investors. This bill pro-                  Mr. FOSTER. Mr. Chairman, I rise in
                                               Subcommittee on Financial Services,                     tects banks from regulation. It does                   opposition to this bill.
                                               my subcommittee has oversight of the                    nothing for investors. In fact, it could                 When my colleagues speak about the
                                               budget of the SEC.                                      hurt investors in the long term.                       burdensome cost of regulations, I
                                                 I think that Members would be inter-                    Chairman White has already com-                      would like to remind them of the high
                                               ested in knowing that that budget has                   mitted to issuing rules in a thoughtful                cost of deregulation and inadequately
                                               increased over 200 percent in the last                  way that incorporates rigorous eco-                    funded regulators that we witnessed in
                                               decade and that the SEC this year is                    nomic analysis, and she told us that                   2008.
                                               asking for a substantial increase, more                 yesterday.                                               This bill would increase the oper-
                                               than most agencies. So I think, if that                   The bill is also unnecessary. Regu-                  ating costs of the SEC without any in-
                                               is the case, then it’s important that                   lating our financial sector and pro-                   crease in the agency’s budget. Just yes-
                                               the SEC spends the money that they                      tecting American investors is a tall                   terday, the chairman of the SEC
                                               receive in the right way and that they                  task as it is. We should be passing laws               warned the Financial Services Com-
                                               set the right priorities.                               that make the SEC’s job easier, not                    mittee that this bill would divert re-
                                                 It seems to me that, if rules and reg-                harder. We should be providing the SEC                 sources from enforcing investor protec-
                                               ulations are important and if they’re                   with the resources that it needs to do                 tions. And last year, former-SEC Chair-
                                               necessary, then the cornerstone of that                 that job, and that’s why I urge my col-                man Schapiro said that a nearly iden-
                                               rulemaking process should be: What                      leagues to oppose today’s legislation.                 tical bill would ‘‘significantly impede
                                               kind of impact is that going to have on                   Mr. HENSARLING. Mr. Chairman, I                      the SEC’s ability to administer the se-
                                               the people in this country? What kind                   yield 2 minutes to myself.                             curities laws.’’
                                               of far-reaching impact is it going to                     I would like to do a little factual                    I would remind my colleagues that
                                               have? How much does that cost? What                     cleanup here, Mr. Chairman, on some                    the failure to administer the security
                                               are the benefits?                                       things that my Democratic colleagues                   laws and regulate our financial system
                                                                 b 1130                                have said.                                             has cost us $16 trillion. That’s the
                                                                                                         I believe I understood my friend, the                amount that families in America lost
                                                 So far, the SEC hasn’t quite gotten
                                                                                                       gentlelady from Wisconsin, to say no-                  during the financial crisis. That is
                                               that right. The inspector general has
                                                                                                       where in this bill is the word ‘‘bene-                 more than $50,000 for every man,
                                               said that, courts have said that, and all
                                                                                                       fits.’’ First, I would say, number one, it             woman, and child in the United States.
                                               this bill does is simply say to the SEC
                                                                                                       is a 10-page bill, not a 2,000-page bill.                During the financial crisis, in the
                                               what we would all agree is common
                                                                                                       And on the very first page, line 11, you               last 18 months of the Bush administra-
                                               sense. It’s not a partisan idea. It’s not
                                                                                                       read the word ‘‘benefits.’’ If you turn to             tion, the average American family lost
                                               a Democratic idea. It’s not a Repub-
                                                                                                       page 2—not page 2,000—page 2, line 3:                  a quarter of its net worth. Compare
                                               lican idea.
                                                                                                       ‘‘Utilize the Chief Economist to assess                that to the onset of the Great Depres-
                                                 The CHAIR. The time of the gen-
                                                                                                       the cost and benefits.’’ So let me cor-                sion where families lost only about 12
                                               tleman has expired.
                                                 Mr. HENSARLING. I yield the gen-                      rect that for the record.                              percent of their net worth during a 5-
                                               tleman an additional 30 seconds.                          Second of all, we had discussion                     year period. So by that measure, our
                                                 Mr. CRENSHAW. All this bill does is                   about the failure of regulation and how                last financial crisis was twice as big
                                               say—not as an afterthought, but as the                  this bill might lead to another Great                  and twice as fast as the onset of the
                                               cornerstone to the rulemaking proc-                     Recession or financial crisis. I would                 Great Depression.
                                               ess—the SEC simply understands the                      point out to my friends that it was the                  But the cost of inadequate regulation
                                               economic impact it’s going to have and                  failure to understand the cost of                      does not stop there: $1.6 billion, that’s
                                               there’s a cost-benefit analysis done.                   Fannie and Freddie, the failure to un-                 the amount that disappeared from cus-
                                                 It’s a good bill, and I urge its pas-                 derstand the cost of the affordable                    tomer accounts at MF Global in 2011;
                                               sage.                                                   housing goals that put millions of our                 $17 billion, that’s the amount that in
                                                 Ms. WATERS. I yield 2 minutes to                      fellow citizens into homes that they                   2009 Bernie Madoff was convicted of
                                               the gentleman from Delaware (Mr.                        could not afford to keep.                              scamming investors out of; $1 trillion,
                                               CARNEY).                                                  So maybe, just maybe, had this body                  that’s the amount of wealth that dis-
                                                 Mr. CARNEY. Thank you, Ranking                        and the other body realized the full                   appeared and reappeared in less than 20
                                               Member, for your leadership on efforts                  cost of their folly and how it could not               minutes during the flash crash of 2010.
                                               to strengthen the SEC and to beat back                  only bring this economy to its knees,                    To put these figures in perspective,
                                               this legislation.                                       that it could cause our fellow citizens                let’s consider and compare them to
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                                                 As a member of the Financial Serv-                    to risk their meager lifesavings on                    bank robberies. Every year, banks lose
                                               ices Committee, I had the privilege                     homes they couldn’t afford to keep,                    $38 million to robberies; yet we spend
                                               yesterday of meeting the new SEC                        maybe had a cost-benefit analysis been                 $24 billion every year on armed guards,
                                               chairman, Mary Jo White. I was very                     in place at that time, we wouldn’t have                vault doors, and FBI investigations. So
                                               impressed.                                              the suffering that we have today.                      for bank robberies, we spend 600 times
                                                 I heard her describe her plans to take                  I would say to my friend from Con-                   more on prevention than on actual
                                               a tough, fair, and apolitical approach                  necticut, he is clearly talking to dif-                losses. Just imagine if we applied that



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                                               H2736                                             CONGRESSIONAL RECORD — HOUSE                                                            May 17, 2013
                                               same factor of 600 to investor losses                     I would like to thank the gentleman                  1934. No other agency in the Federal
                                               from securities fraud and market ma-                    from New Jersey, Chairman GARRETT,                     Government is saddled with that kind
                                               nipulation. The budgets of our regu-                    as well as the chairman of the Finan-                  of burden.
                                               lators would be hundreds of times larg-                 cial Services Committee, the gen-                        Mr. HENSARLING. Mr. Chairman, I
                                               er than they are today. The cynic in                    tleman from Texas, for their leadership                yield myself 30 seconds to say to my
                                               me can only conclude that what’s real-                  on this issue.                                         friend from Georgia when he talks
                                               ly going on here is that the bank rob-                    Mr. Chairman, I strongly support the                 about the incredible burden of a retro-
                                               bers just have really crummy lobby-                     passage of the bill, and I urge my col-                spective look back, I would quote:
                                               ists.                                                   leagues in the House to do so as well.                   Because considerations of efficiency and
                                                 But seriously, if we can spend 600                      Ms. WATERS. I yield 3 minutes to                     competition in capital formation evolve over
                                               times the amount of actual losses to                    the gentleman from Georgia (Mr.                        time, a retrospective analysis of the Com-
                                               prevent bank robberies, why will my                     DAVID SCOTT).                                          mission’s rules and regulations is fully with-
                                               colleagues not support the President’s                    Mr. DAVID SCOTT of Georgia. I                        in the Commission’s statutory mandate.
                                               request to spend one-ten-thousandth of                  thank Ranking Member WATERS for                          That comes from the ABA.
                                               the amount that families lost in the fi-                yielding.                                                I would also quote this as well:
                                               nancial crisis on the SEC’s annual                        Mr. Chairman, I rise today to join my                  The safety of workers’ retirement savings
                                               budget?                                                 colleagues in strong opposition to H.R.                that are invested in the capital markets de-
                                                 I challenge my colleagues who sup-                    1062, the SEC Regulatory Account-                      pend in large part on the Commission’s rules
                                               port this bill to commit to supporting                  ability Act.                                           and regulations for the protection of the in-
                                                                                                         Unfortunately, what we have before                   vestors. To be effective, securities regula-
                                               the President’s request to increase the                                                                        tions must be continuously updated to ad-
                                               SEC’s budget. I remind them again of                    us today is nothing more than a thinly
                                                                                                                                                              dress the emergence of new loopholes,
                                               the high cost of inaction which led to                  veiled attempt at paralyzing an agency                 abuses, and market failures.
                                               far too many of our constituents losing                 under the guise of an otherwise worthy
                                                                                                       activity, which is cost-benefit analysis.                AFL–CIO.
                                               their homes, their retirement funds,                                                                             Mr. Chairman, how much time re-
                                               and their small businesses a few years                  Cost-benefit analysis is a good thing to
                                                                                                       do, but not under the terms of this bill.              mains on both sides?
                                               ago.                                                                                                             The CHAIR. The gentleman from
                                                 By shortchanging the security of our                    Mr. Chairman, I don’t think that
                                                                                                       there is anybody in this body who is                   Texas has 111⁄2 minutes remaining. The
                                               financial markets, my colleagues are                                                                           gentlewoman from California has 101⁄2
                                               endorsing the same irresponsible path.                  opposed to an honest, open, balanced,
                                                                                                       thorough, and truly objective cost-ben-                minutes remaining.
                                                 I urge my colleagues to oppose this                                                                            Mr. HENSARLING. I reserve the bal-
                                               bill.                                                   efit analysis in the rulemaking process.
                                                                                                       On the contrary, we all agree that it is               ance of my time.
                                                 Mr. HENSARLING. Mr. Chairman, I                                                                                Ms. WATERS. Mr. Chairman, I yield
                                               now proudly yield 1 minute to the dis-                  essential for creating good policy, as I
                                                                                                       said. However, the regime established                  2 minutes to the gentleman from Wash-
                                               tinguished majority leader, the gen-                                                                           ington, Representative DENNY HECK.
                                               tleman from Virginia (Mr. CANTOR).                      in this bill is nothing but. Rather, the
                                                                                                       assumptions which would be codified                      Mr. HECK of Washington. I thank the
                                                 Mr. CANTOR. I thank the gentleman                                                                            ranking member.
                                               from Texas.                                             into statute by this bill are worded in
                                                                                                       such a way as to prejudice the outcome                   Mr. Chair, I have a different take on
                                                 Mr. Chairman, I rise today to support                                                                        this. I rise to oppose this bill not be-
                                               the SEC Regulatory Accountability                       of the analysis toward the side of not
                                                                                                       regulating at all in nearly every cir-                 cause it seeks to and would effectively
                                               Act of 2013.                                                                                                   undermine the ability of the SEC to
                                                 The American economy is hurting,                      cumstance.
                                                                                                         And while some in this body may                      function, although it certainly does
                                               and what we need is less government
                                                                                                       think that this is a good thing, ask the               that. Instead, I want to speak to those
                                               standing in the way of the private sec-
                                                                                                       Americans who were victims of the lat-                 who are laboring under the impression
                                               tor, not more. This act will bring about
                                                                                                       est financial meltdown, many of whom                   that this is good legislation and are
                                               some commonsense reforms by requir-
                                                                                                       are still suffering because of it. Ask                 conservatives, because it is not good
                                               ing the SEC to review existing regula-
                                                                                                       them what they think, because the                      legislation, and it is not rooted in con-
                                               tions, as well as preventing new and
                                                                                                       SEC, Mr. Chairman, is currently re-                    servative principles.
                                               unnecessary ones that would only con-
                                                                                                       quired to balance protection of inves-                   Indeed, if red States tend to send
                                               tinue to slow economic growth and
                                                                                                       tors with the maintenance of effective                 more conservatives to this Chamber,
                                               hurt businesses and families.
                                                                                                       and efficient markets. This bill would                 then they would respect their conserv-
                                                 With job growth struggling and our
                                                                                                       do away with that balance by focusing                  atism by lighting up red, every one of
                                               already having experienced several
                                                                                                       solely on the cost to the industry and                 them, when we get to final passage.
                                               years of high unemployment, we’ve got
                                                                                                       investor choice. Nowhere in the bill is                Conservatives don’t pass unnecessary
                                               to make certain that we’re doing what
                                                                                                       investor protection, which is a part of                legislation. And yesterday, when we
                                               we can to ensure that it’s easier, and
                                                                                                       the SEC’s core mission, even men-                      had the privilege of having Mary Jo
                                               not harder, for businesses to hire
                                                                                                       tioned at all.                                         White, the new chair of the SEC before
                                               again.
                                                                                                         Moreover, I think it is crucial to                   our committee, she was directly asked:
                                                                 b 1140                                point out that this bill does nothing to               Is this legislation necessary? She was
                                                 This act will do just that by first                   ease the strain on the SEC’s resources.                unanimously confirmed, applauded by
                                               clearly defining the root of a problem                  Instead, it exacerbates the problem by                 both sides of the aisle, all philosophies.
                                               before trying to implement perhaps un-                  slapping the SEC with a huge new ad-                   She said:
                                               just and redundant burdens on Amer-                     ministrative responsibility, all while                   Not only is it unnecessary, it’s undesir-
                                               ica’s businesses.                                       they are still working, curiously, to                  able.
                                                 This is an appropriate reform bill                    implement Dodd-Frank and the Jobs                        Conservatives don’t enact unfunded
                                               that should garner bipartisan support.                  Act, without giving them the resources                 mandates on State governments or
                                               The President’s own Jobs Council has                    to accomplish the task.                                local governments or on Federal agen-
                                               advocated regulatory reform by focus-                     How on Earth do my colleagues who                    cies. This is a massive unfunded man-
                                               ing on streamlining the current system                  support this bill think that the SEC                   date.
                                               for permitting projects that can create                 can produce the type of analysis                         And finally, true conservatives and a
                                               jobs. That Jobs Council understood                      they’re asking for—any analysis at all,                lot of the rest of us seek commonsense
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                                               that regulations involving the Federal,                 for that matter—without the addi-                      regulatory relief, especially for com-
                                               State, and local level can lead to a tan-               tional staff that even the CBO says                    munity banks and credit unions, not
                                               gled web of red tape and cause a bu-                    they will be required to have? The                     additional unnecessary, unfunded regu-
                                               reaucratic nightmare. The current sys-                  problem is especially acute considering                latory activity.
                                               tem will only continue to stunt eco-                    this bill would require going back and                   You know, Mr. Chair, we have several
                                               nomic growth, and this act is a much-                   studying every rule in effect since the                regulatory relief bills before our com-
                                               needed step in the right direction.                     agency was first created way back in                   mittee, not yet scheduled, not yet



                                         VerDate Mar 15 2010   02:53 May 18, 2013   Jkt 029060   PO 00000   Frm 00016   Fmt 0636   Sfmt 0634   E:\CR\FM\K17MY7.032   H17MYPT1
                                               May 17, 2013                                      CONGRESSIONAL RECORD — HOUSE                                                                    H2737
                                               heard. Congresswoman CAPITO has H.R.                    cial activity that contributes to the Nation’s           We oppose these bills because they would
                                               1553 to grant some regulatory relief to                 economic health and job creation. While the            undermine the sensible framework for de-
                                               community banks and credit unions.                      Administration is firmly committed to                  rivatives market regulation put in place by
                                                                                                       smart and effective regulations that advance           Dodd-Frank. One of these bills, H.R. 1062,
                                               Let’s vote H.R. 1062 down and get on to                 statutory goals in the most cost-effective             would not only undermine derivatives regu-
                                               the work of those bills and grant real                  and efficient manner, the Administration op-           lation but would significantly undermine the
                                               regulatory relief if we seek to support                 poses passage of H.R. 1062. By adding burden-          SEC’s ability to function by imposing sub-
                                               the SEC in its mission to protect inves-                some and disruptive new procedures, H.R.               stantial additional administrative burdens
                                               tors and promote fair, orderly, and effi-               1062 would impede the ability of the SEC to            on the agency.
                                               cient markets.                                          protect investors, maintain orderly and effi-            Less than five years have passed since the
                                                                                                       cient markets, and facilitate capital forma-
                                                  Mr. Chair, if you are a true conserv-                tion.
                                                                                                                                                              financial crisis wreaked havoc on the U.S.
                                               ative, you’re going to vote ‘‘no’’ on                                                                          economy, yet Wall Street is back to raking
                                                                                                         The Administration believes in the value
                                               H.R. 1062.                                              of cost-benefit analysis. However, H.R. 1062           in the profits while working people are
                                                                                                                                                              struggling to get by. Now they are asking
                                                  Mr. HENSARLING. Mr. Chairman, I                      would add onerous procedures that would
                                                                                                       threaten the implementation of key reforms             you to vote for bills that will allow them to
                                               would like to yield 1 minute to the au-                                                                        return to the risky trading practices that
                                               thor of the bill, the gentleman from                    related to financial stability and investor
                                                                                                       protection. H.R. 1062 would direct the SEC to          caused the 2008 crisis.
                                               New Jersey (Mr. GARRETT).                               conduct time- and resource-intensive assess-             We urge you to stand with the middle class
                                                  Mr. GARRETT. I was not going to                      ments after it adopts or amends major regu-            and vote against these bills and preserve the
                                               speak again until, in fact, I was being                 lations before the impacts of the regulations          basic derivatives market protections that
                                               lectured on what a true conservative is                 may have occurred or be known. The bill                Congress so sensibly put in place when it
                                               by the other side of the aisle, who gave                would add analytical requirements that                 passed Dodd-Frank in 2010.
                                               us the over 2,000-page Dodd-Frank leg-                  could result in unnecessary delays in the                    Sincerely,
                                               islation that has in fact stymied the                   rulemaking process, thereby undermining                             WILLIAM SAMUEL, Director,
                                                                                                       the ability of the SEC to effectively execute                       Government Affairs Department.
                                               economy, despite what the gentleman                     its statutory mandates.
                                               from Connecticut was saying before,                       The Administration is committed to a reg-                 AMERICANS FOR FINANCIAL REFORM,
                                               that is setting literally trillions of dol-             ulatory system that is informed by science,                                         Washington, DC.
                                               lars on the side, not being invested;                   cost-justified, and consistent with economic
                                                                                                       growth. Through efforts including Executive              DEAR REPRESENTATIVE: On behalf of Ameri-
                                               that the unemployment rate hovers at                                                                           cans for Financial Reform, we are writing to
                                               high levels because of this stagnation                  Order 13579, ‘‘Regulation and Independent
                                                                                                       Regulatory Agencies,’’ the Administration is           express our opposition to HR 1062, the ‘‘SEC
                                               in the economy because of the legisla-                  taking important steps to encourage inde-              Regulatory Accountability Act’’ This legis-
                                               tion.                                                   pendent agencies to follow cost-saving and             lation would imperil the implementation of
                                                  To the other side of the aisle, to de-               burden-reducing principles in their reviews            many important financial regulatory rules
                                               fine what a true conservative is, a true                of new regulations, and to examine their ex-           by adding numerous unnecessary procedural
                                               conservative would actually read the                    isting rules to identify those that should be          requirements to rulemakings by the Securi-
                                                                                                       modified, streamlined, or repealed.                    ties and Exchange Commission (SEC).
                                               bill, as other Members of the other side
                                                                                                                                                                The SEC is already required to conduct
                                               of the aisle have not done. Those who
                                                                                                           AMERICAN FEDERATION OF LABOR                       economic analysis on every rule it passes,
                                               could not find simple words such as                                               AND CONGRESS,                and to examine the effect of its rulemakings
                                               ‘‘benefit’’ when it is listed many times,                                Washington, DC, May 6, 2013.          on capital formation, market efficiency, and
                                               those who could not find the benefits                   Hon. JEB HENSARLING,                                   competition. This legislation would add a
                                               to investors when it’s listed multiple                  Chairman, House Financial Services Committee,          lengthy list of additional cost-benefit re-
                                               times. A true conservative would un-                        Rayburn House Office Building, Wash-               quirements to these existing requirements.
                                               derstand what they’re talking about                         ington, DC.                                        The new requirements in HR 1062 include a
                                               when they come to the floor, Mr.                        Hon. MAXINE WATERS,                                    requirement to separately analyze the costs
                                                                                                       Ranking Minority Member, House Education               and benefits of the entire set of ‘‘available
                                               Chairman. A true conservative would
                                                                                                           and the Workforce Committee, Rayburn               regulatory alternatives’’ in addition to the
                                               do what’s in the best interest of the                       House Office Building, Washington, DC.             costs and benefits of the actual rule being
                                               economy, of the investor, of the job                      DEAR CHAIRMAN HENSARLING AND RANKING                 considered. Since this set of alternatives
                                               seekers of this country, as well. A true                MINORITY MEMBER WATERS: On behalf of the               may contain numerous possibilities, this re-
                                               conservative would support this legis-                  AFL–CIO, we urge you to oppose the ‘‘Busi-             quirement alone could add dozens of analyses
                                               lation.                                                 ness Risk Mitigation and Price Stabilization           prior to any new rulemaking. Even beyond
                                                                                                       Act’’ (H.R. 634); the ‘‘Inter-Affiliate Swaps          this massive new requirement, the legisla-
                                                                b 1150                                 Clarification Act’’ (H.R. 677); the ‘‘Swaps            tion also specifies a long list of additional
                                                 Ms. WATERS. Mr. Chairman, I yield                     Regulatory Improvement Act’’ (H.R. 992); the           analyses to be performed in connection with
                                                                                                       ‘‘SEC Regulatory Accountability Act’’ (H.R.            any new rulemaking, including analyses of
                                               myself such time as I may consume.                      1062); the ‘‘Swaps Jurisdiction Certainty              the effect of new rules on market liquidity,
                                                 First, I have a number of commu-                      Act’’ (H.R. 1256): and the ‘‘Financial Com-            investor choice, state and local governments,
                                               nications that I will insert into the                   petitive Act’’ (H.R. 1341) all scheduled for           and other entities.
                                               RECORD.                                                 markup tomorrow. Each of these bills, if                 The requirements in this bill would force
                                                 I have a Statement of Administra-                     passed, would undermine the framework                  the agency to measure costs and benefits of
                                               tion Policy from the Executive Office                   Congress put in place in the Dodd-Frank                a new rule before that rule was even imple-
                                               of the President; I have American Fed-                  Wall Street Reform and Consumer Protec-                mented or market data resulting from the
                                                                                                       tion Act of 2010 to prevent risky derivatives          rule was available. They also include enor-
                                               eration of Labor and Congress of Indus-                 trading from contributing to another global
                                               trial Organizations; I have Americans                                                                          mously broad and vague mandates such as
                                                                                                       financial crisis.                                      determining whether a regulation imposes
                                               for Financial Reform; I have AFSCME;                      Reckless derivatives trading played a crit-
                                                                                                                                                              the ‘least burden possible’ among all possible
                                               and I also have California Public Em-                   ical role in the 2008 financial crisis, turning
                                                                                                                                                              regulatory options. A court could overturn
                                               ployees Retirement System, all in op-                   the fallout from the crash of the domestic
                                                                                                                                                              the SEC’s decision in any case where it found
                                               position to this bill, and asking us to                 housing market into a global economic ca-
                                                                                                       tastrophe. Whether measured in lost jobs and           any one of the numerous analyses required
                                               please oppose the bill.                                                                                        here to be inadequate. The vagueness of
                                                                                                       homes, lower earnings, eroding retirement
                                                   EXECUTIVE OFFICE OF THE PRESI-                      security or devastated communities, work-              mandates like the ‘least burden possible’
                                                     DENT, OFFICE OF MANAGEMENT                        ing people paid a tremendous price for Wall            means that court challenges or court deci-
                                                     AND BUDGET,                                       Street’s greed when the financial crisis hit.          sions could rest on claims that are essen-
                                                              Washington, DC, May 15, 2013.              The AFL–CIO strongly supports the com-               tially speculative and theoretical. These new
                                                   STATEMENT OF ADMINISTRATION POLICY                  mon-sense protections put in place by Title            mandates would not improve the quality of
                                                                                                       VII of Dodd-Frank. Title VII creates basic             the regulatory process; they would stop it in
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                                                 H.R. 1062—SEC REGULATORY ACCOUNTABILITY                                                                      its tracks.
                                                                       ACT
                                                                                                       structures that have existed in other, well-
                                                                                                       functioning financial markets for decades—               The lengthy list of new requirements in
                                                  (Rep. Garrett, R–NJ, and 23 cosponsors)              clearinghouses to protect the safety and               this bill is transparently intended to create
                                                 The Securities and Exchange Commission                soundness of the market and its partici-               roadblocks in the way of passing any inves-
                                               (SEC) plays a critical role in protecting               pants; exchanges and execution facilities to           tor protection rule. The effect would be to
                                               Americans’ investments for retirement,                  provide transparency; and business conduct             halt the process of implementing rules under
                                               higher education, and other personal savings            standards to ensure that everyone plays fair-          the Dodd-Frank Act—and potentially also
                                               while ensuring strong, efficient, safe finan-           ly.                                                    rulemakings under more recent laws such as




                                         VerDate Mar 15 2010   05:25 May 18, 2013   Jkt 029060   PO 00000   Frm 00017   Fmt 0636   Sfmt 0634   E:\CR\FM\K17MY7.034   H17MYPT1
                                               H2738                                             CONGRESSIONAL RECORD — HOUSE                                                            May 17, 2013
                                               the JOBS Act. Indeed, HR 1062 would put sig-            cates; National Association of Neighbor-               Long     Island  Housing     Services   NY;
                                               nificant pressure on the SEC to disregard               hoods; National Community Reinvestment                 MaineStream Finance, Bangor ME; Mary-
                                               congressional mandates by making the agen-              Coalition; National Consumer Law Center                land PIRG; Massachusetts Consumers’ Coali-
                                               cy evaluate the need for regulations that               (on behalf of its low-income clients); Na-             tion; MASSPIRG; Massachusetts Fair Hous-
                                               Congress has unequivocally directed the SEC             tional Consumers League; National Council              ing Center; Michigan PIRG; Midland Com-
                                               to write. Further, the numerous additional              of La Raza; National Council of Women’s Or-            munity Development Corporation, Midland
                                               procedural and analytical requirements im-              ganizations; National Fair Housing Alliance.           TX; Midwest Minnesota Community Devel-
                                               posed by this bill come with no additional                National Federation of Community Devel-              opment Corporation, Detroit Lakes MN; Mile
                                               funding for the SEC. Asking the SEC to do so            opment Credit Unions; National Housing Re-             High Community Loan Fund, Denver CO;
                                               much more without additional resources                  source Center; National Housing Trust; Na-             Missouri PIRG; Mortgage Recovery Service
                                               would make the current regulatory delays at             tional Housing Trust Community Develop-                Center of L.A.; Montana Community Devel-
                                               the SEC—evidenced by the numerous con-                  ment Fund; National NeighborWorks Asso-                opment Corporation, Missoula MT.
                                               gressionally mandated deadlines it has                  ciation; National Nurses United; National                Montana PIRG; Neighborhood Economic
                                               missed—even worse.                                      People’s Action; National Urban League;                Development Advocacy Project; New Hamp-
                                                 Reforms that create accountability and                Next Step; OpenTheGovernment.org; Oppor-               shire PIRG; New Jersey Community Capital,
                                               transparency for Wall Street are crucial to             tunity Finance Network; Partners for the               Trenton NJ; New Jersey Citizen Action; New
                                               the well-being of our financial markets and             Common Good; PICO National Network;                    Jersey PIRG; New Mexico PIRG; New York
                                               to the protection of investors and market               Progress Now Action; Progressive States                PIRG; New York City Aids Housing Network;
                                               participants. But they will also change a               Network; Poverty and Race Research Action              New Yorkers for Responsible Lending; NOAH
                                               very profitable status quo that earns a small           Council; Public Citizen; Sargent Shriver               Community Development Fund, Inc., Boston
                                               group of Wall Street banks many billions of             Center on Poverty Law; SEIU; State Voices;             MA; Nonprofit Finance Fund, New York NY;
                                               dollars each year. Financial industry special           Taxpayer’s for Common Sense; The Associa-              Nonprofits Assistance Fund, Minneapolis M;
                                               interests have every interest in blocking               tion for Housing and Neighborhood Develop-             North Carolina PIRG; Northside Community
                                               change. This legislation is a toolbox that              ment; The Fuel Savers Club; The Leadership             Development Fund, Pittsburgh PA; Ohio
                                               would allow them to use legal challenges to             Conference on Civil and Human Rights; The              Capital Corporation for Housing, Columbus
                                               do so indefinitely.                                     Seminal; TICAS; U.S. Public Interest Re-               OH; Ohio PIRG; OligarchyUSA; Oregon State
                                                 According to polling data, over 70 percent            search Group; UNITE HERE; United Food                  PIRG; Our Oregon; PennPIRG; Piedmont
                                               of Americans favor stronger rules and en-               and Commercial Workers; United States Stu-             Housing Alliance, Charlottesville VA; Michi-
                                               forcement for big Wall Street banks and the             dent Association; USAction; Veris Wealth               gan PIRG.
                                               financial services industry. A large majority           Partners; Western States Center; We the                  Rocky Mountain Peace and Justice Center,
                                               also favor the Dodd-Frank Wall Street Re-               People Now; Woodstock Institute; World Pri-            CO; Rhode Island PIRG; Rural Community
                                               form Act. In the face of the public’s demand            vacy Forum; UNET; Union Plus; Unitarian                Assistance Corporation, West Sacramento
                                               for change, Congress must reject legislation            Universalist for a Just Economic Commu-                CA; Rural Organizing Project OR; San Fran-
                                               such as HR 1062, which, regardless of its in-           nity.                                                  cisco Municipal Transportation Authority;
                                               tentions, would hamper effective oversight                    LIST OF STATE AND LOCAL AFFILIATES               Seattle Economic Development Fund; Com-
                                               of our financial markets.                                 Alaska PIRG; Arizona PIRG; Arizona Ad-               munity Capital Development; TexPIRG; The
                                                 Thank you for your consideration. For                                                                        Fair Housing Council of Central New York;
                                                                                                       vocacy Network; Arizonans For Responsible
                                               more information please contact AFR’s Pol-                                                                     The Loan Fund, Albuquerque NM; Third Re-
                                                                                                       Lending; Association for Neighborhood and
                                               icy Director, Marcus Stanley.                                                                                  construction Institute NC; Vermont PIRG;
                                                                                                       Housing Development NY; Audubon Partner-
                                                     Sincerely,                                                                                               Village Capital Corporation, Cleveland OH;
                                                                                                       ship for Economic Development LDC, New
                                                        AMERICANS FOR FINANCIAL REFORM.                                                                       Virginia Citizens Consumer Council; Vir-
                                                                                                       York NY; BAC Funding Consortium Inc.,
                                                FOLLOWING ARE THE PARTNERS OF AMERICANS                Miami FL; Beech Capital Venture Corpora-               ginia Poverty Law Center; War on Poverty—
                                                            FOR FINANCIAL REFORM                       tion, Philadelphia PA; California PIRG; Cali-          Florida; WashPIRG; Westchester Residential
                                                 All the organizations support the overall             fornia Reinvestment Coalition; Century                 Opportunities Inc.; Wigamig Owners Loan
                                               principles of AFR and are working for an ac-            Housing Corporation, Culver City CA;                   Fund, Inc., Lac du Flambeau WI; WISPIRG.
                                               countable, fair and secure financial system.            CHANGER NY; Chautauqua Home Rehabili-                                SMALL BUSINESSES
                                               Not all of these organizations work on all of           tation and Improvement Corporation (NY);                 Blu; Bowden-Gill Environmental; Commu-
                                               the issues covered by the coalition or have             Chicago Community Loan Fund, Chicago IL;               nity MedPAC; Diversified Environmental
                                               signed on to every statement.                           Chicago Community Ventures, Chicago IL;                Planning; Hayden & Craig, PLLC; Mid City
                                                 AARP; A New Way Forward; AFL-CIO;                     Chicago Consumer Coalition; Citizen Pota-              Animal Hospital, Phoenix AZ; The Holo-
                                               AFSCME; Alliance For Justice; American                  watomi CDC, Shawnee OK; Colorado PIRG;                 graphic Repatterning Institute at Austin;
                                               Income Life Insurance; American Sustain-                Coalition on Homeless Housing in Ohio;                 UNET.
                                               able Business Council; Americans for Demo-              Community Capital Fund, Bridgeport CT;
                                               cratic Action, Inc.; Americans United for               Community Capital of Maryland, Baltimore                   AMERICAN FEDERATION OF STATE,
                                               Change; Campaign for America’s Future;                  MD.                                                          COUNTY AND MUNICIPAL EMPLOY-
                                               Campaign Money; Center for Digital Democ-                 Community Development Financial Insti-                     EES, AFL–CIO,
                                               racy; Center for Economic and Policy Re-                tution of the Tohono O’odham Nation, Sells                            Washington, DC, May 15, 2013.
                                               search; Center for Economic Progress; Cen-              AZ; Community Redevelopment Loan and In-                 DEAR REPRESENTATIVE: On behalf of the 1.6
                                               ter for Media and Democracy; Center for Re-             vestment Fund, Atlanta GA; Community Re-               million members of the American Federation
                                               sponsible Lending; Center for Justice and               investment Association of North Carolina;              of State, County and Municipal Employees
                                               Democracy; Center of Concern; Center for Ef-            Community Resource Group, Fayetteville A;              (AFSCME), I urge you to oppose the ‘‘SEC
                                               fective Government; Change to Win; Clean                Connecticut PIRG; Consumer Assistance                  Regulatory Accountability Act’’ (H.R. 1062).
                                               Yield Asset Management.                                 Council; Cooper Square Committee (NYC);                  H.R. 1062 adds duplicative and unnecessary
                                                 Coastal Enterprises Inc.; Color of Change;            Cooperative Fund of New England, Wil-                  procedural requirements to SEC rulemaking
                                               Common Cause; Communications Workers of                 mington NC; Corporacion de Desarrollo                  and thereby delays and undermines the im-
                                               America; Community Development Trans-                   Economico de Ceiba, Ceiba PR; Delta Foun-              plementation of protections over America’s
                                               portation Lending Services; Consumer Ac-                dation, Inc., Greenville MS; Economic Op-              financial markets. It weakens sensible safe-
                                               tion; Consumer Association Council; Con-                portunity Fund (EOF), Philadelphia PA; Em-             guards enacted in the Dodd-Frank financial
                                               sumers for Auto Safety and Reliability; Con-            pire Justice Center NY; Empowering and                 reforms, which Congress specifically de-
                                               sumer Federation of America; Consumer                   Strengthening Ohio’s People (ESOP), Cleve-             signed to address the causes of the worst fi-
                                               Watchdog; Consumers Union; Corporation for              land OH; Enterprises, Inc., Berea KY; Fair             nancial crises since the Great Depression.
                                               Enterprise Development; CREDO Mobile;                   Housing Contact Service OH; Federation of              America is still recovering from the loss of 8
                                               CTW Investment Group; Demos; Economic                   Appalachian Housing; Fitness and Praise                million jobs, sharply reduced housing prices
                                               Policy      Institute;   Essential    Action;           Youth Development, Inc., Baton Rouge LA;               and personal savings, and nationwide eco-
                                               Greenlining Institute; Good Business Inter-             Florida Consumer Action Network; Florida               nomic stagnation. Tens of millions of af-
                                               national; HNMA Funding Company.                         PIRG; Funding Partners for Housing Solu-               fected Americans demand stronger—not
                                                 Home Actions,; Housing Counseling Serv-               tions, Ft. Collins CO; Georgia PIRG; Grow              weaker—government protections over their
                                               ices; Home Defender’s League; Information               Iowa Foundation, Greenfield IA; Homewise,              investments, America’s financial system,
                                               Press; Institute for Global Communications;             Inc., Santa Fe NM; Idaho Nevada CDFI, Po-              and our common economic future.
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                                               Institute for Policy Studies: Global Economy            catello ID.                                              The SEC’s current rulemaking process is
                                               Project; International Brotherhood of Team-               Idaho Chapter, National Association of So-           already rigorous and thorough. They already
                                               sters; Institute of Women’s Policy Research;            cial Workers; Illinois PIRG; Impact Capital,           are required to review the impact of rule-
                                               Krull & Company; Laborers’ International                Seattle WA; Indiana PIRG; Iowa PIRG; Iowa              making on capital formation, market effi-
                                               Union of North America; Lawyers’ Com-                   Citizens    for  Community     Improvement;            ciency, and competition; and to analyze the
                                               mittee for Civil Rights Under Law; Main                 JobStart Chautauqua, Inc., Mayville NY; La             economics of its finalized rules. H.R. 1062
                                               Street Alliance; Move On; NAACP; NASCAT;                Casa Federal Credit Union, Newark NJ; Low              would move far beyond constructive analysis
                                               National Association of Consumer Advo-                  Income Investment Fund, San Francisco CA;              by requiring the SEC’s final rule to list the




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                                               May 17, 2013                                      CONGRESSIONAL RECORD — HOUSE                                                                      H2739
                                               reasons it did not incorporate specific indus-            To be clear, long-term investors like                needed to meet these costs, they would come
                                               try group concerns related to potential costs           CalPERS benefit from a strong economy and              at the expense of other important regulatory
                                               or benefits. H.R. 1062 also requires the SEC            understand the motivations of those who say            priorities—providing enhanced oversight of
                                               to ‘‘assess the costs and benefits of available         that excessive regulation can impose a drag            investment advisers, addressing market
                                               regulatory alternatives’’, which likely in-             on the economy. However, we believe that               structure concerns, dealing with high fre-
                                               volves a vast array of options of marginal              having a robust financial regulatory system            quency trading, or finalizing the Dodd-Frank
                                               utility and will result in considerable delay.          helps create confidence in our financial mar-          and JOBS Act rules that are already so far
                                               Furthermore, within one year of enactment,              kets and encourages investments that help              behind schedule, to name just a few.
                                               H.R. 1062 would require the SEC to evaluate             grow the economy.                                        This is an ill-conceived bill that would
                                               each and every one of its regulations for po-             Thank you for your consideration. If you             make it more difficult for the SEC to fulfill
                                               tential revision and implement this 100% re-            have any questions, please do not hesitate to          its mandate to protect consumers, promote
                                               view every five years thereafter. Despite               contact me or Don Marlais of Lussier,                  market integrity, and facilitate capital for-
                                               these new burdens, H.R. 1062 fails to provide           Gregor, Vienna & Associates—our federal                mation. We urge you to vote no on H.R. 1062.
                                               even one penny of additional funding. Rather            representatives.                                             Respectfully submitted,
                                               than delaying the SEC’s regulatory process                    Sincerely,                                                               BARBARA ROPER,
                                               under the guise of enhanced cost-benefit                                      ANNE SIMPSON,                                  Director of Investor Protection.
                                               analysis, Congress should strengthen the                   Senior Portfolio Manager, Investments,
                                               SEC’s process by investing additional re-                              Director of Global Governance.
                                               sources to enhance expertise and effective-                                                                             NORTH AMERICAN SECURITIES
                                               ness.                                                                                                                ADMINISTRATORS ASSOCIATION, INC.,
                                                                                                            CONSUMER FEDERATION OF AMERICA,
                                                 H.R. 1062 is simply another attempt to                                                                                        Washington, DC, May 6, 2013.
                                                                                                                                     May 16, 2013.
                                               delay and defund federal oversight of Amer-                                                                    Re SEC Regulatory Accountability Act (H.R.
                                                                                                                 VOTE ‘‘NO’’ ON H.R. 1062                          1062)
                                               ica’s financial system and federal protection
                                                                                                        BILL WOULD HAMSTRING THE SEC AND IMPEDE
                                               of middle-class consumers and investors.                                                                       Hon. JEB HENSARLING,
                                                                                                                   FINANCIAL REFORM
                                               AFSCME urges you to oppose this legislation                                                                    Chairman, House Financial Services Committee,
                                               and vote no on H.R. 1062.                                 DEAR REPRESENTATIVE: I am writing on be-                  Rayburn House Office Building, Wash-
                                                     Sincerely,                                        half of the Consumer Federation of America                  ington, DC.
                                                                  CHARLES M. LOVELESS,                 (CFA) to express our strong opposition to              Hon. MAXINE WATERS,
                                                      Director of Federal Government Affairs.          H.R. 1062, the ‘‘SEC Regulatory Account-               Ranking Member, House Financial Services
                                                                                                       ability Act,’’ which is scheduled to come to                Committee, Rayburn House Office Building,
                                                   CALIFORNIA PUBLIC EMPLOYEES’ RE-                    the House floor for a vote tomorrow. H.R.                   Washington, DC.
                                                     TIREMENT SYSTEM, INVESTMENT                       1062 is a regulatory ‘‘accountability’’ act               DEAR CHAIRMAN HENSARLING AND RANKING
                                                     OFFICE,                                           only if you believe that the SEC’s primary             MEMBER WATERS: On behalf of the North
                                                               Sacramento, CA, May 15, 2013.           accountability should be to the securities             American Securities Administrators Asso-
                                               Subject CalPERS Concerns with HR 1062                   firms it is supposed to regulate rather than           ciation (NASAA), I am writing to express my
                                               Members of the California Delegation,                   to the public it is supposed to protect. At a          opposition to H.R. 1062, the ‘‘SEC Regulatory
                                               House of Representatives, Washington, DC.               time when the agency is already years be-              Accountability Act.’’ This legislation would
                                                 DEAR MEMBERS OF CONGRESS: On behalf of                hind schedule in implementing rules to ad-             establish a significant number of additional
                                               the California Public Employees’ Retirement             dress root causes of the financial crisis, and         cost-benefit analyses that the U.S. Securi-
                                               System (CalPERS), I am writing to express               months past key deadlines for JOBS Act im-             ties and Exchange Commission (SEC) would
                                               our strong concerns about the ‘‘SEC Regu-               plementation, this bill would further slow             be required to complete when issuing a new
                                               latory Accountability Act’’ (HR 1062).                  the already glacial regulatory process and             regulation. The burdensome new require-
                                                 As the largest public pension fund in the             further empower Wall Street interests to de-           ments enumerated in the bill will not only
                                               United States, with approximately $265 bil-             rail needed reforms.                                   substantially impede the ability of the SEC
                                               lion in global assets providing retirement se-            H.R. 1062 fails its own cost-benefit test. To        to conduct rulemaking, but will also create
                                               curity to more than 1.6 million public work-            begin with, its sponsors have failed to iden-          standards that could conflict with the SEC’s
                                               ers, retirees, their families, and bene-                tify a problem in need of a legislative solu-          investor protection mission.
                                               ficiaries, CalPERS is reliant upon effective            tion. The SEC already conducts economic
                                                                                                       analyses of its rules and is held to a very               Rulemaking processes to which the SEC
                                               and comprehensive market regulation de-                                                                        and other federal regulators must adhere are
                                               signed to protect investors.                            high standard by the courts in conducting
                                                                                                       that analysis. When the agency fails to meet           set forth in the Administrative Procedure
                                                 This legislation would threaten the effi-                                                                    Act (APA) and other statutes. These proc-
                                               cient implementation of many important fi-              that standard, industry groups have had no
                                                                                                       trouble over-turning its rules in court. More-         esses require regulators engaged in rule-
                                               nancial regulatory rules by imposing unnec-                                                                    making to perform economic and cost-ben-
                                               essary requirements upon the Securities and             over, since the court overturned the proxy
                                                                                                       access rule, the SEC has adopted a new set of          efit analyses of their proposed rules to ‘‘de-
                                               Exchange Commission (Commission).                                                                              termine as best [as they] can the economic
                                                 Although the Commission is already re-                guidelines to ensure that its analysis meets
                                                                                                       the rigorous standard set in that court rul-           implications of the rule,’’ and ‘‘examine the
                                               quired to conduct economic analysis on
                                                                                                       ing. Those guidelines have been praised by             relevant data and articulate a satisfactory
                                               every rule it adopts and to examine the ef-
                                                                                                       the Government Accountability Office and               explanation for [their] action, including a ra-
                                               fect of its rulemakings on capital formation,
                                                                                                       by members of the House who have in the                tional connection between the facts found
                                               market efficiency, and competition, HR 1062
                                                                                                       past been most critical of the SEC’s cost-             and the choices made.’’ In addition to such
                                               would create additional hurdles for the Com-
                                                                                                       benefit analysis.                                      mandates arising under the APA, the SEC
                                               mission. These include a requirement to ana-
                                                                                                         H.R. 1062’s sponsors also appear to have ig-         has a unique obligation to consider the effect
                                               lyze the costs and benefits of all ‘‘available
                                                                                                       nored the significant costs of its proposed            of a proposed rule upon ‘‘efficiency, competi-
                                               regulatory alternatives’’ in addition to those
                                                                                                       approach. The Congressional Budget Office              tion, and capital formation,’’ and it has re-
                                               of the underlying rule. This could require
                                                                                                       recently estimated that the bill would cost            cently issued guidance to its rule writing
                                               scores of additional, unnecessary economic
                                                                                                       $23 million to implement. But this consider-           staff on conducting proper economic anal-
                                               analyses on hypothetical alternatives that
                                                                                                       able sum covers only the cost of conducting            yses.
                                               are not before the Commission.
                                                 The proposed legislation would require the            the required cost-benefit analysis. It does               H.R. 1062 would require the SEC to conduct
                                               Commission to determine whether a regula-               not appear to include the significant addi-            new and unreasonably extensive analyses
                                               tion imposes the ‘least burden possible’                tional legal costs the agency would face if            prior to issuing a regulation. The SEC would
                                               among all possible regulatory options—a vir-            this bill were to become law. One of the pri-          be permitted to adopt a rule only upon a
                                               tual impossibility that would open up the               mary effects of this legislation would be to           ‘‘reasoned determination’’ that the rule’s
                                               Commission to legal challenges and com-                 provide a whole new set of tools that indus-           benefits justify its costs. The SEC must de-
                                               peting economic analyses. Moreover, HR 1062             try groups could use to mount a legal chal-            termine, and measure, the effectiveness of a
                                               would require the Commission to defend                  lenge against rules that they oppose. In addi-         rule even prior to its adoption and without
                                               every estimate and assumption before the                tion to further slowing the regulatory proc-           assessing its ultimate impact on investor
                                               DC Circuit and a failure to satisfy even one            ess, this would impose significant additional          protection (which may not be easily quan-
                                               tangential analysis would threaten the valid-           costs on the agency that are not accounted             tifiable). The bill also requires the SEC to
                                               ity of an otherwise reasonable regulation.              for in the CBO estimate or acknowledged by             consider an unduly broad range of consider-
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                                                 We fear the requirement to create a myr-              the bill’s authors.                                    ations before issuing a rule that are much
                                               iad of new economic analyses is intended to               These costs would arise without providing            more expansive, and in certain cases, vague
                                               derail the efforts of the Commission to im-             additional benefits. Far from improving reg-           than is currently required.
                                               plement important legislation like the Dodd-            ulations, the most likely effect would be to              Upon issuing a final rule, H.R. 1062 requires
                                               Frank Wall Street Reform and Consumer                   further intimidate an agency that is already           the SEC to provide an explanation of the
                                               Protection Act while its opponents continue             far too reluctant to stand up to powerful              comments it received, and notably, requires
                                               to attempt to repeal or significantly water             Wall Street interests. And, unless Congress            the SEC to explain why ‘‘industry group con-
                                               down important investor protections.                    were to appropriate the additional funds               cerns’’ were not incorporated in the final




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                                               H2740                                             CONGRESSIONAL RECORD — HOUSE                                                         May 17, 2013
                                               rule. Although the bill explicitly mandates             Wall Street lobbyists and traders doz-                 and while we have this bill that’s cost-
                                               that the SEC address industry concerns,                 ens of new avenues to sue the SEC over                 ing them more money to simply imple-
                                               however, it does not contain a similar man-             every rulemaking. Not only did they go                 ment what they would like to do in
                                               date for consumer or investor protection
                                               group concerns. This omission is arguably in
                                                                                                       into the courts on proxy access; there                 H.R. 1062, they oppose giving additional
                                               direct conflict with the investor protection            are two other bills and I understand                   resources.
                                               mandate of the SEC. Finally, the bill sub-              more that they’re planning. It will cost                 In addition to that, let’s talk about
                                               jects the SEC to an ongoing assessment of               the SEC more money to deal with this                   this court action. We mentioned early
                                               any rules that are ‘‘outmoded, ineffective,             litigation and this bureaucracy.                       on that the SEC had been taken to
                                               insufficient, or excessively burdensome’’—a               Importantly, H.R. 1062 would create                  court on proxy access. What are we
                                               list that could require the SEC to reexamine            confusion for the SEC because the bill                 talking about?
                                               all of its existing rules.                                                                                       We’re talking about the fact that the
                                                 State securities regulators appreciate the
                                                                                                       requires the SEC to write rules that
                                               importance of the rigorous regulatory cost-             maximize the benefits, even when Con-                  institutional investors, the ones who
                                               benefit and cost-effectiveness analyses to              gress tells them otherwise.                            are responsible for investing the money
                                               which independent agency rules are sub-                   H.R. 1062 is not codifying the execu-                so that the workers, the public work-
                                               jected. The SEC is already subject to exten-            tive order but is, instead, aimed                      ers, the firemen, the police, the teach-
                                               sive and exacting cost-benefit analysis                 squarely at undermining Wall Street’s                  ers, all can have adequate retirement.
                                               standards, and the new analytical hurdles               cop on the block. In writing the rules,                And so our institutional investors
                                               imposed by H.R. 1062 could have a detri-                the SEC is required to balance both in-                wanted very much to ensure that the
                                               mental effect on the SEC’s ability to meet
                                               its regulatory mandate. Moreover, the costs
                                                                                                       vestor protection and capital forma-                   companies that they’re investing in are
                                               of such additional hurdles (i.e., rulemaking            tion. One cannot take precedence over                  managing these funds well, and they
                                               delays, increased staffing demands, and addi-           the other.                                             simply wanted the ability to place
                                               tional taxpayer dollars) will likely outweigh             I’ve heard a lot of talk about capital               proxy access into the proxy materials
                                               the intended benefit that the expanded anal-            formation here today. But they, in                     so that they could nominate directors
                                               yses are intended to provide.                           bringing this bill to the floor, are cre-              to the board to make sure that they’re
                                                 NASAA is also concerned that misuse of                ating more bureaucracy and piling up                   overseeing the money for all of our
                                               these analyses could severely impair the
                                                                                                       more burdens and responsibility so                     first responders and our employees.
                                               ability of the SEC to conduct efficient, effec-
                                               tive and timely rulemaking including rules              that they impede the ability to do real                  Well, my friends on the opposite side
                                               required under the recently enacted JOBS                capital formation.                                     of the aisle teamed with Wall Street
                                               Act, long overdue rulemaking mandated by                  And so, in addition to easing the abil-              and they went to court and they made
                                               the Dodd-Frank Act, and any future rules de-            ity of small companies to enter the                    this big case, and it was right here in
                                               signed to protect investors and the public.             public markets, the SEC has done                       Washington, D.C., in the district court.
                                               The unintended consequence of H.R. 1062, if             much to make it easier for companies                   And they got an opinion. They got a
                                               enacted, would be the derailment of impor-              to raise the money they need privately.                ruling.
                                               tant investor protections that are essential              I reserve the balance of my time.                      And so the SEC went back and it
                                               to a robust and stable capital marketplace.
                                                 In view of the bill’s burdensome cost-ben-              Mr. HENSARLING. Mr. Chairman,                        said, basically, to everybody, all of its
                                               efit analysis requirements, and harm that it            I’m under the impression I have the                    employees, what have you, let’s do
                                               may cause on the investing public, I respect-           right to close, so the gentlelady has re-              even more. And on top of them not
                                               fully urge you not to support H.R. 1062.                served. I will reserve until she is ready              only saying let’s do more and instruct
                                               Thank you for your consideration of my con-             to close.                                              the employees to do more, then they
                                               cerns. If you have any questions, please feel             Ms. WATERS. Mr. Chair, how many                      come with this bill and want to put
                                               free to contact Michael Canning, Director of            minutes do I have left?                                more on top of that.
                                               Policy, or Anya Coverman, Deputy Director                 The CHAIR. The gentlewoman from                        This is not about those people that
                                               of Policy, at the NASAA Corporate Office at
                                               (202) 737–0900.
                                                                                                       California has 6 minutes remaining.                    Mr. HENSARLING referred to around the
                                                      Sincerely,                                         Ms. WATERS. I yield myself the bal-                  kitchen table talking about jobs. This
                                                                  A. HEATH ABSHURE,                    ance of the time.                                      is about protecting Wall Street. This is
                                                           NASAA President and Arkansas                  In closing, allow me to quote one of                 about tying up the SEC. This is about
                                                                      Securities Commissioner.         the Financial Services Committee                       making sure the SEC is not able to
                                                 Mr. Chairman and Members, a lot has                   members in a hearing yesterday, be-                    carry out its responsibilities.
                                               been said in this debate. A lot has been                cause I think it is so important for us                  This, again, is about putting us all at
                                               said about what this bill is and what it                to understand that the SEC is our cop                  risk. This is about not being about the
                                               is not, and I’d like to clear up a few of               on the block that has the responsi-                    investors, but being about the markets.
                                               the points.                                             bility for protecting investors.                       This, again, is about protecting those
                                                 First of all, before I go into clearing                 Let us understand that my col-                       who really need no protection, those
                                               up some of these points, there’s been, I                leagues on the opposite side of the aisle              who placed us at risk to begin with,
                                               guess, some back and forth here about                   are opposed to the SEC having an ade-                  those who not only placed us at risk,
                                               what is and what is not a conservative.                 quate budget. They do everything that                  but would do it again if we allow them
                                               And I’ve always thought that the con-                   they can to cut the budget, to deny the                to do it.
                                               servatives fashioned themselves as sav-                 resources; but they keep adding on ad-                   I don’t know why my friends on the
                                               ing money and reducing bureaucracy,                     ditional responsibilities, recognizing                 opposite side of the aisle would be op-
                                               rather than creating legislation that                   that the SEC has a tremendous load.                    posed to something like proxy access
                                               costs more money and creates bureauc-                   Not only do they have all of the work,                 and then lined up in the courts again
                                               racy. So I guess today we see that per-                 the cost-benefit analysis that they do                 with other litigation, litigation that’s
                                               haps I was wrong about what I thought                   on everything, but they have the re-                   going to take away precious dollars
                                               a real conservative was.                                sponsibility of rulemaking for all of                  from the SEC that they need to protect
                                                 Let me go on to talk about the Re-                    Dodd-Frank, which is the reform legis-                 us, to protect the investors.
                                               publicans claiming that they’re just                    lation that will cause us to eliminate                   But, no, they come to this floor and
                                               codifying the President’s executive                     risk and to protect our constituents                   they simply describe this bill in ways
                                               order for more cost-benefit analysis. In                and the citizens of this country.                      that it really is not. This is dangerous,
                                               fact, H.R. 1062 goes above and beyond                     But let me just say that yesterday,                  it is irresponsible, it is not something
                                               the executive order by requiring the                    during a Financial Services Committee                  that the people of this country would
                                               SEC to review all of its regulations,                   hearing, Chairman Emeritus SPENCER                     expect of people that they sent to Con-
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                                               even those dating back to the Great                     BACHUS said that it would be penny-                    gress to represent them.
                                               Depression, within 1 year, and then                     wise and pound foolish for there not to                  This, again—and we’ll say it over and
                                               every 5 years after that. More bureauc-                 be a bipartisan agreement for raising                  over again as it has been said by so
                                               racy, more money.                                       the funding or increasing the funding                  many who have come here and testified
                                                 While the executive order protects                    for the SEC.                                           today on this side of the aisle—this is
                                               agencies from litigation over their eco-                  And I think that’s important to get                  about protecting Wall Street. This is
                                               nomic analysis, H.R. 1062 would give                    out there. They need more resources;                   about protecting those who simply



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                                               May 17, 2013                                      CONGRESSIONAL RECORD — HOUSE                                                                      H2741
                                               want to find ways to keep the SEC                       man HENSARLING receives a zero per-                       Mr. Chairman, this is a false dichot-
                                               from stopping them in their rule-                       cent liberal rating.                                   omy set up by many of my colleagues
                                               making from doing things that will be                     So I will certainly agree with my                    on the other side of the aisle. The ques-
                                               harmful to the American public.                         friends that, apparently, I don’t know                 tion is not between regulation and de-
                                                  And so, Mr. Chairman and Members,                    much about liberalism, but I do think                  regulation. The question is between
                                               I say to you we should all stop and                     I do know a few things about conserv-                  smart regulation and dumb regulation.
                                               think about this. And for all those who                 atism. So I’ll come up with an informal                And smart regulation requires the rule
                                               are listening, all of the Members on                    agreement. We’ll let you be the experts                makers to understand the cost of their
                                               both sides of the aisle, we should think                on what it means to be a liberal—and                   rules to the average, hardworking
                                               about our responsibility here today and                 you’re very good at it, to the best of                 American family. That’s smart regula-
                                               understand what this bill is all about                  my knowledge—and I will retain the                     tion. Dumb regulation is burying your
                                               and vote ‘‘no,’’ a resounding ‘‘no’’ on                 expertise on how one votes conserv-                    head in the sand and saying, no, we
                                               this bill.                                              ative.                                                 don’t want to know.
                                                  Let us make sure that people are not                   The next thing I would say, Mr.                         If we’re so concerned about the bur-
                                               saying a few years from now, oh, I’m                    Chairman, is how fascinating it is to                  den on the SEC, if we’re so concerned
                                               sorry. I made a mistake. I should not                   have so many of my colleagues say                      about the litigation burden, and if
                                               have tied the hands of the SEC. I                       that this bill, on the one hand, is un-                we’re so concerned about the work bur-
                                               should have been more careful. I should                 necessary, but, on the other hand, it’s                den and the rule burden, where’s this
                                               not have listened to what was being                     burdensome; on the one hand, it’s re-                  same concern for the job creators of
                                               said by the very people who caused us                   dundant, but, on the other hand, it will               America? Where is that concern? You
                                               the problem in the first place.                         stop the SEC in its tracks. Mr. Chair-                 cannot help the job seeker by pun-
                                                  I think if our Members stop and they                 man, I just don’t think you can quite                  ishing the job creator, which is what so
                                               listen and they pay attention that                      have it both ways.                                     many of the different titles of Dodd-
                                               they’re going to oppose this bill, even                   I notice when some can’t argue the                   Frank do.
                                               some on the opposite side of the aisle.                 merits of a question, they tend to come                   So at the end of the day, Mr. Chair-
                                               And I think some of them know this.                     up to question one’s motivation, and                   man, this is as simple and as common
                                               They know that they’re being asked to                   we’ve got the usual Wall Street bogey-                 sense as it could be. If you’re going to
                                               support something that may not be in                    men to come in here. But what I want                   pass a rule and you’re going to tell us
                                               the best interest of their constituents,                to know about is why, why would we                     about the benefits, you’ve got to let us
                                               but they might want to go along with                    not want to know, as some have esti-                   know what the costs are to the econ-
                                               the leadership.                                         mated, that the Volcker rule promul-                   omy and to hardworking American
                                                  But it’s not time to go along with the               gated by the SEC potentially could                     families. It’s common sense. We should
                                               leadership. It’s time to be independent.                cost 1.1 million jobs in our Nation? And               adopt it. We should adopt it today.
                                               It’s time to look at the facts and vote                 yet my colleagues from the other side                     I yield back the balance of my time.
                                               ‘‘no’’ on this bill.                                    of the aisle say, Shh, no, no, no, no, no.
                                                                                                                                                                 Mr. DINGELL. Mr. Chair, I rise in strong op-
                                                  I yield back the balance of my time.                 We don’t want this information. We
                                                                                                                                                              position to H.R. 1062, the SEC Regulatory Ac-
                                                                                                       don’t want it out. Just like we didn’t
                                                                 b 1200                                                                                       countability Act.
                                                                                                       want     out   the    information    that
                                                 Mr. HENSARLING. Mr. Chairman,                         ObamaCare could cost us 1 million                         Today we are considering another in a long
                                               how much time do I have remaining?                      jobs.                                                  line of Republican bills that wish to supplant
                                                 The CHAIR. The gentleman from                           And we see it every day. We get the                  public interest considerations at regulatory
                                               Texas has 101⁄2 minutes remaining.                      headlines: people can’t afford their                   agencies with cost-benefit analysis. H.R. 1062
                                                 Mr. HENSARLING. Mr. Chairman, I                       health care, their premiums have gone                  would require the Securities and Exchange
                                               yield myself the balance of the time,                   up; people are getting laid off; people                Commission, SEC, to perform a cost-benefit
                                               although I will alert my colleagues I do                who had full-time jobs are going to                    analysis when conducting new rulemakings.
                                               not intend to take it all.                              part-time; and people who would have                   The bill would also mandate a cost-benefit re-
                                                 Mr. Chairman, I find it somewhat in-                  hired more people don’t want to cross                  view of existing SEC rules every five years
                                               teresting the great amount of wailing                   that 50-person threshold. And that’s                   without appropriating additional funds to that
                                               and gnashing of teeth that we have                      just ObamaCare. But, no, shh, we don’t                 agency to do so. The net effect will be a regu-
                                               heard on this House floor for a very                    want—we don’t want to know how this                    latory agency tied in knots and incapable of
                                               simple bill that weighs in at, frankly,                 is going to impact hardworking Ameri-                  carrying out the mission it was chartered to
                                               less than 10 pages that simply requires                 cans who have economic insecurity,                     do: protect investors from fraud.
                                               a government agency to decide is there                  millions who do not have jobs.                            Mr. Chair, my father helped charter the SEC
                                               going to be a cost to our economy, is                     I am somewhat perplexed, Mr. Chair-                  because Wall Street nearly destroyed this
                                               there going to be a loss of jobs as they                man, how such a simple bill that says                  country’s economy in 1929. After years of Re-
                                               pass a rule. It doesn’t overturn their                  all you’ve got to do is look at the                    publican-led efforts at deregulation, Wall
                                               rules. It just says, before you make a                  cost—we’re not imposing our numbers                    Street came close to doing that again in 2007
                                               rule, you’ve really got to think about                  on them. We’re just saying you’ve got                  and 2008, and we are only now starting to re-
                                               kitchen-table economics. You’ve got to                  to look at the cost of what you do. It’s               cover from that calamity. It grieves me that the
                                               take a look at and understand how will                  what families do; it is what job cre-                  House continues to consider legislation that
                                               this ultimately impact hardworking                      ators do; and, frankly, it’s what the ad-              hamstrings the very agency meant to protect
                                               Americans who are struggling to pay                     ministration claimed they wanted to                    hard-working Americans from the types of ras-
                                               their health care bills, struggling to                  do, and it’s what the SEC claimed they                 cality to which Wall Street seems inclined by
                                               put gas in the tank and who have eco-                   wanted to do.                                          nature.
                                               nomic insecurity due to this economy.                     How many of my Democratic col-                          I urge my colleagues not to repeat the past.
                                                 So I’ve heard a lot of furor here. I                  leagues with their words say ‘‘yes’’ but               Vote down this terrible bill and show you stand
                                               must admit I’m particularly enter-                      very soon with their voting card are                   with the people, not Wall Street.
                                               tained by those who care to lecture me                  going to say ‘‘no’’? No, we shouldn’t                     Mr. MARKEY. Mr. Chair, I rise today in op-
                                               on what it means to be a conservative.                  know the cost of rulemaking. No, we                    position to this bill, H.R. 1062, the so-called
                                               Maybe I’m not the world’s expert, but                   just want to know what bureaucrats                     SEC Regulatory Accountability Act.
                                               there was a time in my career my fel-                   say the benefits are. But, you know, if                   This bill provides an extremely detailed list
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                                               low colleagues elected me the chair-                    people lose their jobs, well, que sera,                of factors that the Securities and Exchange
                                               man of the Conservative Caucus of the                   sera. We just aren’t going to—we don’t                 Commission (SEC) will have to consider from
                                               House, known as the Republican Study                    want to know that ahead of time.                       now on in its rulemakings: every available al-
                                               Committee. And, Mr. Chairman, I have                    Maybe we’ll learn about it afterwards.                 ternative to a proposed regulation, market li-
                                               a certificate in my office that I proudly               Maybe we’ll try to clean up the pieces,                quidity in the securities markets, and even
                                               display from the Americans for Demo-                    the shattered lives of people who lost                 whether the regulation ‘‘is tailored to impose
                                               cratic Action where they say Congress-                  their jobs.                                            the least burden on society, including market



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                                               H2742                                             CONGRESSIONAL RECORD — HOUSE                                                                May 17, 2013
                                               participants, individuals, businesses of dif-           tively gave the SEC a full, detailed directive         through rigorous cost-benefit analysis, today’s
                                               fering sizes, and other entities (including State       for regulatory action and simply ordered the           legislation is very plainly an effort to do the
                                               and local governmental entities).’’                     SEC to implement it. An example of this proc-          opposite—to block even the most carefully
                                                  Yet, I notice that one phrase is missing from        ess can be found in Dodd-Frank Section 1504,           considered regulation by creating a ‘‘paralysis
                                               this list: investor protection.                         which mandated in great detail how the SEC             of analysis’’ at the Securities and Exchange
                                                  Back in 1937, then SEC Chairman, and                 should promulgate a rule to require that com-          Commission in order to undermine the Dodd-
                                               later Supreme Court Justice, William O. Doug-           panies disclose in their annual securities fil-        Frank Wall Street Reform law.
                                               las noted that:                                         ings any payments they made to governments                Mr. Chair, it was the absence of clear and
                                                 We have got brokers’ advocates; we have               in connection with natural resource extraction         transparent rules of the road that precipitated
                                               got Exchange advocates; we have got invest-             projects. Notably, in many of those Dodd-              the Great Recession, and now that the econ-
                                               ment banker advocates; and WE are the in-               Frank rules, Congress did not ask the SEC to           omy has finally begun to heal, we are simply
                                               vestor’s advocate.                                      consider the costs and benefits of a rule, be-         not going back to the conditions that created
                                                   That historically always has been the role of       cause we in Congress already did so during             the crisis in the first place.
                                               the SEC—to serve as the investor’s advocate             the legislative process.                                  I urge a no vote.
                                               in our nation’s securities markets. That is why            This bill makes that kind of legislating im-           Mr. BLUMENAUER. Mr. Chair, as an admin-
                                               Congress established the SEC, and why Con-              possible. If this bill becomes law, any rule-          istrator and policymaker at the local, state,
                                               gress has expanded its duties and responsibil-          making mandated by Congress must receive               and federal levels, I have often seen the value
                                               ities over the years. The goal of investor pro-         cost benefit analysis, and if the costs are            of common-sense regulations. I have also
                                               tection was similarly an animating force behind         deemed by the SEC to outweigh the benefits,            seen the challenges associated with cum-
                                               Democrats’ efforts in the 111th Congress to             the rulemaking cannot be released.                     bersome regulations that can appear to be bu-
                                               enact the Dodd-Frank Wall Street Reform Act.               And such outcomes—which should really be            reaucracy at its worst. While I am very open
                                               Any bill that asks the SEC to look at myriad            called agency vetoes, because they allow an            to discussing how we can make regulations
                                               factors when developing regulations but not in-         agency to override a congressional mandate—            more effective and efficient, I am extremely
                                               vestor protection is off-course from the starting       are likely to happen because of the unfair             disappointed with the anti-regulatory agenda
                                               block. It’s a bill whose compass is broken.             playing field this bill sets up. Under this bill,      of the House leadership prevalent last Con-
                                                   Yet, this is not just a bad bill. It’s an unnec-    the SEC will always have to consider the mon-          gress and again reflected this year in H.R.
                                               essary bill. Back in 1996, during the first Con-        etary costs to firms and liquidity, but the more       1062, the SEC Regulatory Accountability Act.
                                               gress under Republican control in forty years,                                                                    H.R. 1062 would require the Securities and
                                                                                                       amorphous dangers of not regulating—the risk
                                               Democrats and Republicans came together to                                                                     Exchange Commission, SEC, to add burden-
                                                                                                       of market crashes, the risk of bubbles, the risk
                                               enact the National Securities Markets Im-                                                                      some new procedures to regulatory processes
                                                                                                       of financial crises—are much harder to esti-
                                               provement Act of 1996. This bill was authored                                                                  that would unnecessarily delay the rulemaking
                                                                                                       mate. And even if the SEC does manage to
                                               by a conservative Republican from Texas                                                                        process and consumer resources better di-
                                                                                                       get a good rule, by ordering the SEC to create
                                               (Rep. Fields), and supported by the then                                                                       rected to protecting consumers and ensuring a
                                                                                                       an established record of why the options not
                                               Chairman of the Committee (Mr. Bliley of Vir-                                                                  robust and effectively-regulated financial mar-
                                                                                                       taken might also be worthwhile, this bill forces
                                               ginia). It was also supported by the Ranking                                                                   ket.
                                                                                                       the SEC to create a blueprint for Wall Street             I supported the passage of the Dodd-Frank
                                               Democrat of the Committee (Mr. DINGELL) and             firms to fight the regulation in court. This bill      Wall Street Reform Act to rein in Wall Street,
                                               myself. As I said at the time, ‘‘when the history       will make what is already a difficult fight to         end taxpayer bailouts of big banks, and pro-
                                               of this Congress is written, there is no ques-          protect Main Street from Wall Street even              tect consumers. Under this Act, the SEC was
                                               tion that this securities overhaul and the tele-        harder.                                                charged with regulating a number of pre-
                                               communications overhaul will be at the top of              One thing is certain—this bill strongly biases      viously unregulated or under-regulated Wall
                                               the list in terms of constructive, productive use       the SEC against any regulation to protect in-          Street and financial service sector activities
                                               of this Congress.’’ Among the reforms in this           vestors regardless of the issue, and at a time         that led in large part to the 2008 crisis. This
                                               bipartisan bill was a requirement that: ‘‘When-         where the American People are crying out for           is a hugely important job. Putting an additional
                                               ever pursuant to this title the Commission is           more regulations on Wall Street, not less. We          layer of bureaucracy on the rulemaking proc-
                                               engaged in rulemaking, or in the review of a            need to ensure that the SEC continues to be            ess will not benefit the American people or our
                                               rule of a self-regulatory organization, and is          the ‘‘Investors’’ Advocate.’’ I therefore strongly     economy.
                                               required to consider or determine whether an            urge my colleagues to vote no on this bill.               It’s time for Congress to move beyond a de-
                                               action is necessary or appropriate in the public           Mr. VAN HOLLEN. Mr. Chair, as someone               bate about repealing or preventing regulations
                                               interest, the Commission shall also consider,           who believes the federal government has a re-          and focus instead on how to make them more
                                               in addition to the protection of investors,             sponsibility to set and enforce clear and trans-       effective and efficient. I oppose this bill be-
                                               whether the action will promote efficiency,             parent rules of the road for our markets to op-        cause—despite its title—it will slow the proc-
                                               competition, and capital formation.’’                   erate fairly, efficiently and effectively, I believe   ess of putting in place effective financial regu-
                                                  The 1996 Act, which is current law, there-           conducting cost-benefit analysis of proposed           lations.
                                               fore makes sure that the SEC already is re-             regulations is both appropriate and necessary.            Mr. HOLT. Mr. Chair, I rise today in strong
                                               quired to consider impacts on efficiency, com-          Moreover, I think rules and regulations should         opposition to H.R. 1062, which should be
                                               petition and capital formation whenever it uti-         be periodically reviewed—and eliminated or             called the ‘‘Wall Street Protection Act.’’ The in-
                                               lizes its inherent rulemaking powers to deter-          modified where needed—to ensure our mar-               tent of this legislation is to cripple the ability of
                                               mine if an action is in the public interest.            kets are functioning optimally.                        the U.S. Securities and Exchange Commis-
                                                  But part of the deal that we reached back               If that’s what this legislation was about, it       sion, SEC, to do its job—to create rules which
                                               then on a bipartisan basis was that such an             would have my support. It’s not—which is why           protect investors. The SEC is already federally
                                               analysis could not be utilized to override the          I will be opposing H.R. 1062 today.                    mandated to conduct analyses of their pro-
                                               primary goal of the federal securities laws: in-           Although you wouldn’t know it from listening        posed regulations. The hurdles set by this leg-
                                               vestor protection. I see no reason why this             to my colleagues on the other side of the              islation are unrealistic and duplicative. Even
                                               House should throw out a good, bipartisan law           aisle, the Securities and Exchange Commis-             worse, this legislation would create an envi-
                                               for a clearly inferior update.                          sion already performs—and is already re-               ronment with less effective regulations, leaving
                                                  Yet, it is worth asking: given the require-          quired to perform—extensive economic anal-             average American investors on their own. The
                                               ments of existing law, exactly what purpose             ysis regarding the regulations it promulgates,         cost to individual families and to our economy
                                               does this bill before us today actually serve?          including rigorous cost-benefit analysis. Fur-         from unregulated misbehavior and malfea-
                                                  I believe that this question has only one an-        thermore, in addition to protecting investors,         sance in our financial industries is high.
                                               swer: to tie the SEC’s hands and make it ef-            SEC rulemakings are also already required to              This Congress should not continue to waste
                                               fectively impossible to release rules that help         ‘‘promote efficiency, competition and capital          time padding the pockets of Wall Street ex-
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                                               protect investors from depredations of rogue            formation.’’ Indeed, entities ranging from the         ecutives. Instead, this Congress needs to take
                                               traders or dishonest Wall Street brokers.               Chamber of Commerce to the Government                  action on today’s real issues: creating jobs,
                                               When Democrats in Congress enacted Dodd-                Accountability Office have all recently vali-          encouraging Americans to make investments
                                               Frank in 2010, we frequently included in that           dated the SEC’s current staff guidance in this         in their retirements, and protecting middle
                                               Act mandates that the SEC and other agen-               regard.                                                class families and consumers.
                                               cies issue various specific rules to regulate              Unfortunately, rather than promoting clear             The CHAIR. All time for general de-
                                               Wall Street. In many cases, Congress effec-             and transparent rules of the road, arrived at          bate has expired.



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                                               May 17, 2013                                      CONGRESSIONAL RECORD — HOUSE                                                                         H2743
                                                 Pursuant to the rule, the bill shall be               evant to the particular proposed regulation,           mission has published its assessment plan for
                                               considered for amendment under the 5-                   take into consideration the impact of the regula-      notice and comment, specifying the data to be
                                               minute rule.                                            tion on—                                               collected and method of collection, at least 30
                                                                                                          ‘‘(i) investor choice;                              days prior to adoption of a final regulation or
                                                 It shall be in order to consider as an                   ‘‘(ii) market liquidity in the securities mar-      amendment, such collection of data shall not be
                                               original bill for the purpose of amend-                 kets; and                                              subject to the notice and comment requirements
                                               ment under the 5-minute rule an                            ‘‘(iii) small businesses.                           in section 3506(c) of title 44, United States Code
                                               amendment in the nature of a sub-                          ‘‘(3) EXPLANATION AND COMMENTS.—The Com-            (commonly referred to as the Paperwork Reduc-
                                               stitute consisting of the text of Rules                 mission shall explain in its final rule the nature
                                                                                                                                                              tion Act). Any material modifications of the
                                                                                                       of comments that it received, including those
                                               Committee Print 113–10. That amend-                     from the industry or consumer groups con-
                                                                                                                                                              plan that require collection of data not pre-
                                               ment in the nature of a substitute shall                                                                       viously published for notice and comment shall
                                                                                                       cerning the potential costs or benefits of the pro-
                                               be considered as read.                                                                                         also be exempt from such requirements if the
                                                                                                       posed rule or proposed rule change, and shall
                                                 The text of the amendment in the na-                                                                         Commission has published notice for comment in
                                                                                                       provide a response to those comments in its final
                                                                                                                                                              the Federal Register of the additional data to be
                                               ture of a substitute is as follows:                     rule, including an explanation of any changes
                                                                                                                                                              collected, at least 30 days prior to initiation of
                                                                   H.R. 1062                           that were made in response to those comments
                                                                                                                                                              data collection.
                                                                                                       and the reasons that the Commission did not in-
                                                 Be it enacted by the Senate and House of Rep-                                                                   ‘‘(iv) FINAL ACTION.—Not later than 180 days
                                                                                                       corporate those industry group concerns related
                                               resentatives of the United States of America in                                                                after publication of the assessment report in the
                                                                                                       to the potential costs or benefits in the final
                                               Congress assembled,                                                                                            Federal Register, the Commission shall issue for
                                                                                                       rule.
                                               SECTION 1. SHORT TITLE.                                    ‘‘(4) REVIEW OF EXISTING REGULATIONS.—Not           notice and comment a proposal to amend or re-
                                                This Act may be cited as the ‘‘SEC Regulatory          later than 1 year after the date of enactment of       scind the regulation, or publish a notice that
                                               Accountability Act’’.                                   the SEC Regulatory Accountability Act, and             the Commission has determined that no action
                                               SEC. 2. CONSIDERATION BY THE SECURITIES AND             every 5 years thereafter, the Commission shall         will be taken on the regulation. Such a notice
                                                           EXCHANGE COMMISSION OF THE                  review its regulations to determine whether any        will be deemed a final agency action.
                                                           COSTS AND BENEFITS OF ITS REGU-                                                                       ‘‘(6) COVERED REGULATIONS AND OTHER AGEN-
                                                                                                       such regulations are outmoded, ineffective, in-
                                                           LATIONS  AND    CERTAIN  OTHER                                                                     CY ACTIONS.—Solely as used in this subsection,
                                                           AGENCY ACTIONS.
                                                                                                       sufficient, or excessively burdensome, and shall
                                                                                                                                                              the term ‘regulation’—
                                                                                                       modify, streamline, expand, or repeal them in
                                                  Section 23 of the Securities Exchange Act of                                                                   ‘‘(A) means an agency statement of general
                                                                                                       accordance with such review. In reviewing any
                                               1934 (15 U.S.C. 78w) is amended by adding at                                                                   applicability and future effect that is designed
                                                                                                       regulation (including, notwithstanding para-
                                               the end the following:                                                                                         to implement, interpret, or prescribe law or pol-
                                                  ‘‘(e) CONSIDERATION OF COSTS AND BENE-               graph (6), a regulation issued in accordance
                                                                                                                                                              icy or to describe the procedure or practice re-
                                               FITS.—
                                                                                                       with formal rulemaking provisions) that subjects
                                                                                                                                                              quirements of an agency, including rules, orders
                                                  ‘‘(1) IN GENERAL.—Before issuing a regulation        issuers with a public float of $250,000,000 or less
                                                                                                                                                              of general applicability, interpretive releases,
                                               under the securities laws, as defined in section        to the attestation and reporting requirements of
                                                                                                                                                              and other statements of general applicability
                                               3(a), the Commission shall—                             section 404(b) of the Sarbanes-Oxley Act of 2002
                                                                                                                                                              that the agency intends to have the force and
                                                  ‘‘(A) clearly identify the nature and source of      (15 U.S.C. 7262(b)), the Commission shall specifi-
                                                                                                                                                              effect of law; and
                                               the problem that the proposed regulation is de-         cally take into account the large burden of such          ‘‘(B) does not include—
                                               signed to address, as well as assess the signifi-       regulation when compared to the benefit of such           ‘‘(i) a regulation issued in accordance with
                                               cance of that problem, to enable assessment of          regulation.                                            the formal rulemaking provisions of section 556
                                               whether any new regulation is warranted;                   ‘‘(5) POST-ADOPTION IMPACT ASSESSMENT.—             or 557 of title 5, United States Code;
                                                                                                          ‘‘(A) IN GENERAL.—Whenever the Commission              ‘‘(ii) a regulation that is limited to agency or-
                                                  ‘‘(B) utilize the Chief Economist to assess the
                                                                                                       adopts or amends a regulation designated as a          ganization, management, or personnel matters;
                                               costs and benefits, both qualitative and quan-
                                                                                                       ‘major rule’ within the meaning of section 804(2)         ‘‘(iii) a regulation promulgated pursuant to
                                               titative, of the intended regulation and propose
                                                                                                       of title 5, United States Code, it shall state, in     statutory authority that expressly prohibits
                                               or adopt a regulation only on a reasoned deter-
                                                                                                       its adopting release, the following:                   compliance with this provision; and
                                               mination that the benefits of the intended regu-           ‘‘(i) The purposes and intended consequences
                                               lation justify the costs of the regulation;                                                                       ‘‘(iv) a regulation that is certified by the
                                                                                                       of the regulation.                                     agency to be an emergency action, if such cer-
                                                  ‘‘(C) identify and assess available alternatives        ‘‘(ii) Appropriate post-implementation quan-
                                               to the regulation that were considered, includ-                                                                tification is published in the Federal Register.’’.
                                                                                                       titative and qualitative metrics to measure the        SEC. 3. SENSE OF CONGRESS RELATING TO
                                               ing modification of an existing regulation, to-         economic impact of the regulation and to meas-                   OTHER REGULATORY ENTITIES.
                                               gether with an explanation of why the regula-           ure the extent to which the regulation has ac-
                                               tion meets the regulatory objectives more effec-                                                                 It is the sense of the Congress that other regu-
                                                                                                       complished the stated purposes.                        latory entities, including the Public Company
                                               tively than the alternatives; and                          ‘‘(iii) The assessment plan that will be used,
                                                  ‘‘(D) ensure that any regulation is accessible,                                                             Accounting Oversight Board, the Municipal Se-
                                                                                                       consistent with the requirements of subpara-           curities Rulemaking Board, and any national
                                               consistent, written in plain language, and easy         graph (B) and under the supervision of the
                                               to understand and shall measure, and seek to                                                                   securities association registered under section
                                                                                                       Chief Economist of the Commission, to assess           15A of the Securities Exchange Act of 1934 (15
                                               improve, the actual results of regulatory re-           whether the regulation has achieved the stated
                                               quirements.                                                                                                    U.S.C. 78o–3) should also follow the require-
                                                                                                       purposes.                                              ments of section 23(e) of such Act, as added by
                                                  ‘‘(2) CONSIDERATIONS AND ACTIONS.—                      ‘‘(iv) Any unintended or negative con-
                                                  ‘‘(A) REQUIRED ACTIONS.—In deciding whether                                                                 this title.
                                                                                                       sequences that the Commission foresees may re-
                                               and how to regulate, the Commission shall as-           sult from the regulation.                                The CHAIR. No amendment to that
                                               sess the costs and benefits of available regu-             ‘‘(B) REQUIREMENTS OF ASSESSMENT PLAN AND           amendment in the nature of a sub-
                                               latory alternatives, including the alternative of       REPORT.—                                               stitute shall be in order except those
                                               not regulating, and choose the approach that               ‘‘(i) REQUIREMENTS OF PLAN.—The assessment          printed in House Report 113–60. Each
                                               maximizes net benefits. Specifically, the Com-          plan required under this paragraph shall con-
                                                                                                                                                              such amendment may be offered only
                                               mission shall—                                          sider the costs, benefits, and intended and unin-
                                                  ‘‘(i) consistent with the requirements of sec-       tended consequences of the regulation. The plan        in the order printed in the report, by a
                                               tion 3(f) (15 U.S.C. 78c(f)), section 2(b) of the Se-   shall specify the data to be collected, the meth-      Member designated in the report, shall
                                               curities Act of 1933 (15 U.S.C. 77b(b)), section        ods for collection and analysis of the data and        be considered read, shall be debatable
                                               202(c) of the Investment Advisers Act of 1940 (15       a date for completion of the assessment.               for the time specified in the report,
                                               U.S.C. 80b–2(c)), and section 2(c) of the Invest-          ‘‘(ii) SUBMISSION AND PUBLICATION OF RE-            equally divided and controlled by the
                                               ment Company Act of 1940 (15 U.S.C. 80a–2(c)),          PORT.—The Chief Economist shall submit the             proponent and an opponent, shall not
                                               consider whether the rulemaking will promote            completed assessment report to the Commission          be subject to amendment, and shall not
                                               efficiency, competition, and capital formation;         no later than 2 years after the publication of the
                                                  ‘‘(ii) evaluate whether, consistent with obtain-     adopting release, unless the Commission, at the
                                                                                                                                                              be subject to a demand for division of
                                               ing regulatory objectives, the regulation is tai-       request of the Chief Economist, has published at       the question.
                                               lored to impose the least burden on society, in-        least 90 days before such date a notice in the          AMENDMENT NO. 1 OFFERED BY MR. SESSIONS
                                               cluding market participants, individuals, busi-         Federal Register extending the date and pro-             The CHAIR. It is now in order to con-
                                               nesses of differing sizes, and other entities (in-      viding specific reasons why an extension is nec-       sider amendment No. 1 printed in
                                               cluding State and local governmental entities),         essary. Within 7 days after submission to the          House Report 113–60.
                                               taking into account, to the extent practicable,         Commission of the final assessment report, it            Mr. SESSIONS. Mr. Chairman, I have
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                                               the cumulative costs of regulations; and                shall be published in the Federal Register for         an amendment at the desk.
                                                  ‘‘(iii) evaluate whether the regulation is in-       notice and comment. Any material modification
                                               consistent, incompatible, or duplicative of other
                                                                                                                                                                The CHAIR. The Clerk will designate
                                                                                                       of the plan, as necessary to assess unforeseen
                                               Federal regulations.                                    aspects or consequences of the regulation, shall       the amendment.
                                                  ‘‘(B) ADDITIONAL CONSIDERATIONS.—In addi-            be promptly published in the Federal Register            The text of the amendment is as fol-
                                               tion, in making a reasoned determination of the         for notice and comment.                                lows:
                                               costs and benefits of a potential regulation, the          ‘‘(iii) DATA COLLECTION NOT SUBJECT TO NO-            Page 6, line 25, add at the end the fol-
                                               Commission shall, to the extent that each is rel-       TICE AND COMMENT REQUIREMENTS.—If the Com-             lowing: ‘‘The assessment plan shall include




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                                               H2744                                             CONGRESSIONAL RECORD — HOUSE                                                            May 17, 2013
                                               an analysis of any jobs added or lost as a re-             Although this amendment is not by                     Page 10, beginning on line 8, strike ‘‘, the
                                               sult of the regulation, differentiating be-             itself problematic, it layers one more                 Municipal Securities Rulemaking Board, and
                                               tween public and private sector jobs.’’.                requirement onto a bill already burst-                 any national securities association reg-
                                                 The CHAIR. Pursuant to House Reso-                                                                           istered under section 15A of the Securities
                                                                                                       ing with onerous cost-benefit require-                 Exchange Act of 1934 (15 U.S.C. 78o–3)’’.
                                               lution 216, the gentleman from Texas                    ments. And while counting the jobs                       Page 10, after line 13, insert the following:
                                               (Mr. SESSIONS) and a Member opposed                     created or lost because of a particular                SEC. 4. ACCOUNTABILITY PROVISION RELATING
                                               each will control 5 minutes.                            regulation is a noble goal, we have to                            TO OTHER REGULATORY ENTITIES.
                                                 The Chair recognizes the gentleman                    view this goal in the context of the                     A rule adopted by the Municipal Securities
                                               from Texas.                                             overall bill, which tips the scales heav-              Rulemaking Board or any national securities
                                                 Mr. SESSIONS. Mr. Chairman, I                         ily in favor of industry over investors,               association registered under section 15A of
                                               yield myself such time as I may con-                                                                           the Securities Exchange Act of 1934 (15
                                                                                                       including the pension plans for mil-                   U.S.C. 78o-3) shall not take effect unless the
                                               sume.                                                   lions of Americans.
                                                 I believe that excessive government                                                                          Securities and Exchange Commission deter-
                                                                                                          The criteria by which the SEC would                 mines that, in adopting such rule, the Board
                                               regulations are a significant barrier to                need to engage in cost-benefit analysis                or association has complied with the require-
                                               private sector job growth and the cre-                  under H.R. 1062 would have the Com-                    ments of section 23(e) of such Act, as added
                                               ation of those jobs. House Republicans                  mission make all decisions on the basis                by section 2, in the same manner as is re-
                                               have made job creation a priority, and,                 of whether the rules impose the least                  quired by the Commission under such section
                                               as a result, we must work to ensure                     burden on ‘‘market participants.’’ In                  23(e).
                                               that the Federal Government reviews                     fact, nowhere in the bill are the words                  The CHAIR. Pursuant to House Reso-
                                               new regulations to ensure that their                    ‘‘investor protection’’ used, despite the              lution 216, the gentleman from Virginia
                                               proposed benefit outweighs any poten-                   fact that a central mission of the Secu-               (Mr. HURT) and a Member opposed each
                                               tial economic harm.                                     rities and Exchange Commission is to                   will control 5 minutes.
                                                 My amendment today is simple. It re-                  protect investors.                                       The Chair recognizes the gentleman
                                               quires the SEC to include an assess-                       Let’s be clear: H.R. 1062 is essentially            from Virginia.
                                               ment of anticipated jobs gained or lost                 a solution in search of a problem. This                  Mr. HURT. Mr. Chairman, I yield my-
                                               as a result of implementation of any                    bill is not about refining the SEC’s                   self such time as I may consume.
                                               major rule and to specify whether                       cost-benefit analysis. The Commission,                   Mr. Chairman, I rise in support of my
                                               those jobs will come from the public or                 in fact, has already done that by adopt-               amendment to H.R. 1062, the SEC Reg-
                                               private sector.                                         ing a new set of guidelines to ensure                  ulatory Accountability Act, introduced
                                                 Mr. Chairman, according to a study                    that its analysis meets the very high                  by my friend, Chairman SCOTT GAR-
                                               released by the Small Business Admin-                   bar set in the decision overturning                    RETT. His bill is an important step for-
                                               istration in 2010, Federal regulations                  their proxy access rule. Instead, this                 ward to ensure the SEC abides by the
                                               cost small businesses $1.75 trillion                    bill is about making it easier for indus-              President’s executive order and also
                                               every year to comply. That is money                     try groups to overturn SEC regulations                 enhances the SEC’s existing cost-ben-
                                               which could be used by American com-                    in the courts.                                         efit analysis requirements.
                                               panies to hire new employees or to re-                     After the 2008 financial crisis, the                  My amendment ensures that rules
                                               invest in their own business. H.R. 1062                 public spoke; and they demanded that                   adopted by the PCAOB, the MSRB, and
                                               ensures that the Federal Government                     Congress stand up and legislate rules of               other national securities associations
                                               does not unnecessarily burden Amer-                     the road to prevent another crisis. So                 under the purview of the SEC have the
                                               ican companies with cumbersome regu-                    we took action to regulate the over-                   same requirements as the SEC itself
                                               lations by guaranteeing that those reg-                 the-counter derivatives market, im-                    and requires the SEC to attest that
                                               ulations are appropriate and necessary.                 prove corporate governance, imple-                     these associations are in compliance
                                               My amendment adds to this review                        ment the Volcker rule to stop commer-                  with its own economic assessment
                                               process by making sure that we have a                   cial banks from gambling with deposi-                  standards.
                                               more comprehensive understanding of                     tor money, and to reform the credit                      These subordinate organizations can
                                               the economic impacts a regulation cre-                  ratings agencies that slapped AAA rat-                 develop standards and rules that have
                                               ates.                                                   ings onto toxic securities.                            the same effect as Federal regulations.
                                                                                                          Having lost that battle here in Con-                As rules put forth by these organiza-
                                                                 b 1210                                gress, the industry—with the help of                   tions generally go through a final SEC
                                                 I believe that the amendment I offer                  some of my colleagues on the other                     rulemaking process, they should be
                                               today serves to strengthen the under-                   side of the aisle—is now waging a new,                 subject also to that same cost-benefit
                                               lying legislation by insisting that the                 quiet battle to have these regulations                 analysis.
                                               SEC begin to focus on job creation, spe-                thrown out in court. H.R. 1062 abets                     As we saw with the SEC’s proxy ac-
                                               cifically by enabling the private sector,               that goal by making it significantly                   cess rule that was thrown out by the
                                               not furthering a liberal agenda that is                 easier for the industry to win in court.               D.C. Federal court for lack of a proper
                                               intentionally harming families, job                     This is a key differentiation from the                 assessment of the rule’s economic
                                               creation, and small business across                     President’s executive order on cost-                   costs, not only is this practice good
                                               America.                                                benefit analysis, whose requirements                   governance, but it’s common sense.
                                                 I urge my colleagues to support my                    cannot be used as a basis for litigation.                In light of reports that the SEC is
                                               amendment. I support the underlying                        So, again, this amendment is harm-                  considering discretionary rulemakings
                                               bill and legislation that the gentleman                 less, but it amends what is a deeply                   that would impose additional unneces-
                                               from New Jersey brings to the floor                     problematic bill.                                      sary costs resulting in little or no ben-
                                               today.                                                     I yield back the balance of my time.                efit and being of questionable constitu-
                                                 I yield back the balance of my time.                     The CHAIR. The question is on the                   tionality, we must ensure that the SEC
                                                 Ms. WATERS. Mr. Chairman, I claim                     amendment offered by the gentleman                     and the associations under its purview
                                               time in opposition to the amendment,                    from Texas (Mr. SESSIONS).                             abide by sound economic analyses.
                                               although I do not oppose the amend-                        The amendment was agreed to.                          With our economy still struggling
                                               ment.                                                        AMENDMENT NO. 2 OFFERED BY MR. HURT               and many areas of Virginia’s Fifth Dis-
                                                 The CHAIR. Without objection, the                       The CHAIR. It is now in order to con-                trict nearing double-digit unemploy-
                                               gentlewoman from California is recog-                   sider amendment No. 2 printed in                       ment, we must ensure that our regula-
                                               nized for 5 minutes.                                    House Report 113–60.                                   tions are making it easier for our busi-
                                                 There was no objection.                                 Mr. HURT. Mr. Chairman, I have an                    nesses to access the capital they need
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                                                 Ms. WATERS. Mr. Chairman, I yield                     amendment at the desk.                                 to create the jobs in our communities.
                                               myself such time as I may consume.                        The CHAIR. The Clerk will designate                    I thank Chairman GARRETT for his
                                                 This amendment adds a requirement                     the amendment.                                         work on this important issue, and I
                                               that the SEC analyze the number of                        The text of the amendment is as fol-                 urge support for my amendment.
                                               jobs created or lost as a result of a new               lows:                                                    I reserve the balance of my time.
                                               rule or order, while differentiating be-                  Page 10, beginning on line 7, strike ‘‘other           Ms. WATERS. Mr. Chairman, I claim
                                               tween public and private sector jobs.                   regulatory entities, including’’.                      time in opposition to the amendment.



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                                               May 17, 2013                                      CONGRESSIONAL RECORD — HOUSE                                                                      H2745
                                                 The CHAIR. The gentlewoman from                         The CHAIR. The gentleman from                        by the way, has offered up and required
                                               California is recognized for 5 minutes.                 Georgia is recognized for 21⁄2 minutes.                of most Federal agencies that are af-
                                                 Ms. WATERS. I yield myself such                         Mr. DAVID SCOTT of Georgia. Mr.                      fected by his executive order. This sim-
                                               time as I may consume.                                  Chairman, let me just clear the air on                 ply makes them a part of that.
                                                 Mr. Chairman, this amendment dou-                     one important thing.                                     In addition, the SEC chairman stated
                                               bles down on all of the problems raised                   We know that there is a value for                    earlier that that was what her belief
                                               by H.R. 1062 by imposing the same bur-                  cost-benefit analysis. What we’re say-                 should be for the SEC in conducting
                                               densome cost-benefit analysis require-                  ing is this is the wrong approach be-                  the cost-benefit analysis. So this sim-
                                               ments on the Municipal Securities                       cause they’re not after cost-benefit                   ply codifies, as is our responsibility as
                                               Rulemaking Board, or MSRB, and cer-                     analysis. They’re after tying the hands                Members of Congress, to do just that.
                                               tain self-regulatory organizations as                   of the Securities and Exchange Com-                      With that in mind, I would ask that
                                               the underlying bill imposes on the                      mission to lessen the regulations.                     this body adopt our amendment.
                                               SEC.                                                                                                             I yield back the balance of my time.
                                                 Beyond the problems caused by H.R.                                      b 1220                                 The CHAIR. The question is on the
                                               1062, this amendment would further put                    We have a bill, Mr. Chairman, which                  amendment offered by the gentleman
                                               individual citizens and taxpayers at                    is a bipartisan bill by myself, along                  from Virginia (Mr. HURT).
                                               risk by tying the hands of the MSRB,                    with Representative CONAWAY from                         The question was taken; and the
                                               which is entrusted with regulating                      Texas, a Republican, that is a more                    Chair announced that the ayes ap-
                                               dealers of municipal securities, includ-                thoughtful, a more direct and bene-                    peared to have it.
                                               ing city bond issuances.                                ficial way of cost-benefit analysis, be-                 Ms. WATERS. Mr. Chairman, I de-
                                                 The Wall Street Reform Act ex-                        cause we do not have in that bill this                 mand a recorded vote.
                                               panded the mission of the board to pro-                 very convoluting, confounding require-                   The CHAIR. Pursuant to clause 6 of
                                               tect State and local governments and                    ment of what we call look-back.                        rule XVIII, further proceedings on the
                                               to regulate, for the first time in his-                   You’ve got to remember, the telling                  amendment offered by the gentleman
                                               tory, the individuals who provide mu-                                                                          from Virginia will be postponed.
                                                                                                       point about Mr. GARRETT’s bill is that
                                               nicipalities with financial advice.                                                                             AMENDMENT NO. 3 OFFERED BY MRS. CAROLYN
                                                                                                       he requires that the SEC look back at
                                                 We had good reason to expand the                                                                                     B. MALONEY OF NEW YORK
                                               mission and responsibilities of the                     every single rule for the last 80 years
                                                                                                                                                                The CHAIR. It is now in order to con-
                                               MSRB under Dodd-Frank. Like many                        since 1934. There is no Federal agency
                                                                                                                                                              sider amendment No. 3 printed in
                                               borrowers who were sold exotic mort-                    that has even nearly that kind of bur-
                                                                                                                                                              House Report 113–60.
                                               gages based on the representations                      den and, on top of that, does not allo-                  Mrs. CAROLYN B. MALONEY of New
                                               made by mortgage brokers in the lead-                   cate one dime for any needed staff. It                 York. Mr. Chairman, I have an amend-
                                               up to the financial crisis, we saw that                 is, indeed, a burden.                                  ment at the desk.
                                               many municipalities entered into com-                     So the point I want to make is that                    The CHAIR. The Clerk will designate
                                               plex financial instruments that they                    we understand when he says, okay,                      the amendment.
                                               didn’t fully understand. At the same                    let’s make sure that we have a cost and                  The text of the amendment is as fol-
                                               time, we saw that many financial ad-                    a benefit of what they’re doing, yeah,                 lows:
                                               visers to municipalities were involved                  we go along with that. But my bill,                      Strike all after the enacting clause and in-
                                               in pay-to-play scandals and rec-                        along with Representative CONAWAY,                     sert the following:
                                               ommended unsuitable investments,                        we digested this bill, we have passed                  SECTION 1. SENSE OF CONGRESS RELATING TO
                                                                                                       this bill, our bill, which has a more                             EXISTING REQUIREMENTS FOR ECO-
                                               particularly to small communities.                                                                                        NOMIC ANALYSES.
                                               The result was the imposition of sub-                   reasonable approach to cost-benefit
                                                                                                                                                                (a) FINDINGS.—Congress finds the fol-
                                               stantial costs on taxpayers in commu-                   analysis out of the Agriculture Com-                   lowing:
                                               nities across the country. The most                     mittee and will be before this House                     (1) As with other agencies, current law re-
                                               high-profile example is the case of Jef-                that has a better approach.                            quires the Securities and Exchange Commis-
                                               ferson County, Alabama, which entered                     We’re not opposed to this cost-benefit               sion to conduct economic analyses pursuant
                                               into the largest municipal bankruptcy                   analysis, but we are opposed to this                   to the Paperwork Reduction Act, the Con-
                                               in history after a simple sewer bond fi-                measure, which is designed to tie the                  gressional Review Act and the Regulatory
                                               nancing deal ended with the county                      hands of the SEC by allowing them and                  Flexibility Act.
                                               going broke over faulty interest rate                   mandating that they look at every                        (2) In addition to the analyses required of
                                                                                                                                                              all regulatory agencies, the Securities and
                                               derivatives.                                            record, every rule all the way back to                 Exchange Commission is also required to
                                                 This amendment will make it much                      1934.                                                  perform additional economic analyses pursu-
                                               more difficult for the MSRB to regu-                      Mr. HURT. Mr. Chairman, I yield my-                  ant to section 3(f) of the Securities Exchange
                                               late the financial entities selling these               self the balance of my time.                           Act of 1934 (15 U.S.C. 78c(f)), section 2(b) of
                                               derivative products to our small coun-                    The CHAIR. The gentleman from Vir-                   the Securities Act of 1933 (15 U.S.C. 77b(b)),
                                               ties, cities, and towns.                                ginia is recognized for 3 minutes.                     section 202(c) of the Investment Advisers Act
                                                 But that’s just one example. The                        Mr. HURT. I would just say a couple                  of 1940 (15 U.S.C.80b–2(c)), and section 2(c) of
                                               amendment would impose similar oner-                    of things in closing. First, what this                 the Investment Company Act of 1940 (15
                                               ous requirements on the Financial In-                                                                          U.S.C.80a–2(c)), which provide that, where
                                                                                                       bill is not is a bill that does anything               the Commission is engaged in rulemaking
                                               dustry Regulatory Authority—that is                     to amend or change the mandates of
                                               FINRA—the self-regulatory organiza-                                                                            and is required to consider whether the rule
                                                                                                       the SEC.                                               is necessary or appropriate in the public in-
                                               tion for broker-dealers, and the Public                   We know what those mandates are.                     terest, the Commission must also consider
                                               Companies       Accounting     Oversight                They are to ensure fair markets, effi-                 whether the rule will promote efficiency,
                                               Board, which regulates the auditing in-                 cient markets. They are to facilitate                  competition, and capital formation.
                                               dustry.                                                                                                          (3) In the July 22, 2011 decision in Business
                                                                                                       capital formation and, finally, investor
                                                 Again, this amendment doubles down                                                                           Roundtable v. SEC (647 F.3d 1144), the United
                                                                                                       protection. They are all designed to
                                               on what is already a harmful bill by ex-                                                                       States Court of Appeals for the D.C. Circuit
                                               tending the same onerous requirements                   work together. This bill does nothing                  vacated the Commission’s recently adopted
                                               of self-regulatory organizations. I see                 to change that mandate. In fact, the                   proxy access rule, which would have provided
                                               no reason why the Congress would                        bill, if you look at it, talks about cost-             a company shareholder or group of share-
                                               want to further tip the scales in favor                 benefit analysis repeatedly throughout                 holders meeting certain minimum ownership
                                               of Wall Street over Main Street.                        the entire bill.                                       thresholds and other requirements the abil-
                                                                                                         I would suggest to you that investor                 ity to include in the company’s proxy mate-
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                                                 I reserve the balance of my time.
                                                                                                       protection includes liquid markets, for-               rials the shareholder(s)’ nominee(s) for the
                                                 Mr. HURT. Mr. Chairman, I’m pre-
                                                                                                       mation of capital. If we want to protect               company’s board of directors. The court
                                               pared to close and would like to insist                                                                        found that, because the Commission had not
                                               on my right to do so.                                   investors, obviously we need to have
                                                                                                                                                              adequately addressed the likely economic
                                                 I reserve the balance of my time.                     healthy markets. That’s what this bill                 consequences of the rule, its adoption of the
                                                 Ms. WATERS. I yield the balance of                    ensures by requiring the SEC conduct                   rule was arbitrary and capricious.
                                               my time to the gentleman from Geor-                     the most simple, routine cost-benefit                    (4) In March of 2012, the Securities and Ex-
                                               gia (Mr. DAVID SCOTT).                                  analysis, something that the President,                change Commission revised and clarified its




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                                               H2746                                             CONGRESSIONAL RECORD — HOUSE                                                          May 17, 2013
                                               guidance on cost benefit analysis. In Decem-              In fact, just last year, the GAO issued                One, she makes reference to the D.C.
                                               ber of 2012 the Government Accountability               a report praising the SEC’s guidance on                Circuit Court’s opinion on lines 14
                                               Office issued a review of agencies’ analysis            cost-benefit analysis saying:                          through 18 of her case. Would that the
                                               and coordination of rules. The GAO found,
                                                                                                         The basic elements of good regulatory eco-           D.C. Circuit Court had said that the
                                               ‘‘SEC’s guidance defines the basic elements
                                               of good regulatory economic analysis in a               nomic analysis.                                        SEC is doing a good job, that they had
                                               manner that closely parallels the elements                And in evaluating a recent proposal                  the authority to do so and that nothing
                                               listed in Circular A-4: (1) a statement of the          on swaps regulation, the cochairman of                 else is necessary in going forward. If
                                               need for the proposed action; (2) the defini-           the Financial Services Department at                   she had read the opinion, she would
                                               tion of a baseline against which to measure             Cadawalder wrote:                                      have known that that’s not quite what
                                               the likely economic consequences of the pro-                                                                   they said.
                                                                                                         The SEC release contains the most de-
                                               posed regulation; (3) the identification of al-                                                                  The D.C. Circuit Court stated that
                                                                                                       tailed attempt at an economic analysis of
                                               ternative regulatory approaches; and (4) an
                                                                                                       the effect of the rules that I have seen from          the SEC, the Commission, acted arbi-
                                               evaluation of the benefits and costs - both
                                               quantitative and qualitative - of the pro-
                                                                                                       any agency.                                            trarily and capriciously for having
                                               posed action and the main alternatives.’’.                But under this Republican bill, the                  failed—note this—‘‘once again’’—so
                                                 (b) SENSE OF CONGRESS.—It is the sense of             SEC would have to divert its limited                   this is not the only time—but once
                                               Congress that the Securities and Exchange               budget resources away from enforce-                    again to adequately assess the eco-
                                               Commission is required pursuant to law to               ment or examining the impact of                        nomic effects of the new rule and,
                                               conduct economic analyses as part of its                worldwide derivatives markets only to                  again,         inconsistently        and
                                               rulemakings. Further, the D.C. Circuit                                                                         opportunistically framed cost benefits
                                               Court’s recent decision in the Business
                                                                                                       duplicate things it is already doing.
                                               Roundtable case makes clear that the eco-                 This bill also says that every 5 years               of the rule.
                                               nomic analyses the Commission undertakes                the SEC is required to do a cost-benefit                 So the citation that she gives of the
                                               in connection with its rules are subject to             analysis of every regulation it has ever               D.C. Circuit Court does not support her
                                               meaningful judicial scrutiny.                           issued on any subject going back some                  position but undermines her position.
                                                 The CHAIR. Pursuant to House Reso-                    80 years, back to day one in 1933. And                 The D.C. Circuit basically supports our
                                               lution 216, the gentlewoman from New                    it would have to magically do all of                   position that the SEC has failed, and
                                               York (Mrs. CAROLYN B. MALONEY) and a                    this without one additional red cent of                that it has failed repeatedly to do what
                                               Member opposed each will control 5                      additional funding to cover the cost of                it should do, and that is why we have
                                               minutes.                                                it.                                                    the legislation before you today.
                                                 The Chair recognizes the gentle-                        If we want to highlight anything, we                   And when she talks about red tape
                                               woman from New York.                                    should be highlighting the extensive                   and unnecessary—well, that’s not what
                                                 Mrs. CAROLYN B. MALONEY of New                        process that exists and the judicial                   the AFL–CIO says, and that’s not what
                                               York. I thank the Chair, and I yield                    scrutiny that it includes, which is what               the American Bar Association says.
                                               myself as much time as I may con-                       my amendment does.                                     The SEC did look at the issue of doing
                                               sume.                                                     The stated mission of the SEC is to                  a retrospective look at this. They did
                                                 First, I would like to say that I am                  protect investors; not give them more                  so back over a year and a half ago,
                                               happy to work with Mr. GARRETT on a                     redtape; maintain fair, orderly, and ef-               back in September of 2011, and they
                                               variety of issues. I respect his leader-                ficient markets; and facilitate capital                asked for input.
                                               ship. But I must respectfully and                       formation. Let’s help them do that—                      What did the AFL–CIO say about
                                               strongly disagree with him on this                      not just make them jump through un-                    that?
                                               issue before us today.                                  necessary, costly, and duplicative                       To be effective, security regulations must
                                                 It seems clear that the intended ef-                  hoops.                                                 be continuously updated to address the
                                               fect of the Republican bill is to cripple                 The underlying bill, the Republican                  emergence of new loopholes, abuses and mar-
                                               the SEC just as they undertake the                                                                             ket failures.
                                                                                                       bill, is a prescription for paralysis of
                                               very tough and important job of imple-                  the SEC’s ability to protect investors.                  Likewise, the American Bar Associa-
                                               menting the badly needed reforms we                     I urge my colleagues to support my                     tion also chimed in about the retro-
                                               passed in Dodd-Frank.                                   amendment, and I reserve the balance                   spective analysis, which is what the
                                                 May I remind my colleagues that we                    of my time.                                            SEC could have been doing, should
                                               passed Dodd-Frank in response to the                      Mr. GARRETT. Mr. Chairman, I rise                    have been doing, didn’t do, and that is
                                               worst financial crisis in our lifetime,                 in opposition to the amendment.                        what our bill will require them to do.
                                               one in which we were at one point los-                    The CHAIR. The gentleman from                          So I appreciate the gentlelady’s ef-
                                               ing 700,000 jobs a month, and by some                   New Jersey is recognized for 5 minutes.                forts in this area, but I would rec-
                                               estimates the loss was well over $12                      Mr. GARRETT. Mr. Chairman, first                     ommend a ‘‘no’’ vote on her amend-
                                               trillion.                                               of all, I appreciate the gentlelady’s                  ment.
                                                 My amendment strikes the under-                       offer of an amendment here. I also ap-                   I reserve the balance of my time.
                                               lying bill and puts a sense of Congress                 preciate the fact that the lady and I                    Mrs. CAROLYN B. MALONEY of New
                                               in its place.                                           have often worked together on legisla-                 York. I would like to point out to my
                                                 My amendment contains findings                        tion in the past in our respective com-                colleague that the circuit court deci-
                                               that very clearly lay out the cost-ben-                 mittee, but on this one I humbly dis-                  sion underlines the point that I’m
                                               efit analysis process that the SEC al-                  agree.                                                 making in my amendment. It says
                                               ready has to go through in proposing or                   As she says, the amendment before                    clearly that there are cost-benefit
                                               adopting a rule.                                        us basically guts the bill and simply                  analyses that are required by the SEC,
                                                 What this bill would do now, the Re-                  sets forth a sense of Congress.                        and it made clear that there is a judi-
                                               publican bill, is handcuff the SEC com-                                                                        cial review, that not only is analysis
                                               missioners with unnecessary redtape so                                   b 1230                                required, but you can always appeal to
                                               that the Commission will be unable to                     Two points, one on policy and one on                 the court.
                                               protect investors effectively.                          practicality.                                            I yield my remaining time to the dis-
                                                 Despite what the other side of the                      On policy, if this were the gentle-                  tinguished ranking member from the
                                               aisle is saying, there is already a                     lady’s idea that this is the way we                    great State of California, MAXINE
                                               multi-layered and effective cost-benefit                should go on this piece of underlying                  WATERS.
                                               analysis built into the SEC rulemaking                  legislation, as the ranking member of                    Ms. WATERS. Thank you very much.
                                               process.                                                the subcommittee and as a member of                      Mr. Chairman and Members, I would
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                                                 The SEC is already required by law                    the full committee, she had every op-                  like to thank the gentlelady from New
                                               to do cost-benefit analysis under the                   portunity in the world to come before                  York for bringing this amendment
                                               Paperwork Reduction Act and the Con-                    the committee at the time and put this                 today. As a matter of fact, the opposite
                                               gressional Review Act and the Regu-                     before us, at which time we could have                 side should thank her, too, because she
                                               latory Flexibility Act, and for the SEC                 had a full and complete debate on it.                  is giving them an opportunity to back
                                               specifically under the National Securi-                   Had we done so, we probably would                    out of this awful bill that will be harm-
                                               ties Markets Improvement Act of 1996.                   have pointed out to her two things.                    ful and that is ill-informed and to get



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                                               May 17, 2013                                       CONGRESSIONAL RECORD — HOUSE                                                                             H2747
                                               on with just saying that her resolution                  Broun (GA)         Holding               Price (GA)       Lee (CA)          Negrete McLeod     Sewell (AL)
                                                                                                        Buchanan           Hudson                Radel            Levin             Nolan              Shea-Porter
                                               would make good sense. So I am eager                     Bucshon            Huelskamp             Rahall           Lipinski          Pallone            Sherman
                                               to support this amendment from the                       Burgess            Huizenga (MI)         Reed             Loebsack          Pastor (AZ)        Sires
                                               gentlelady from New York.                                Calvert            Hultgren              Reichert         Lowenthal         Payne              Slaughter
                                                                                                        Camp               Hunter                Renacci          Lowey             Perlmutter         Smith (WA)
                                                 The amendment strikes all bill text                                                                              Lujan Grisham     Peters (CA)        Speier
                                                                                                        Cantor             Hurt                  Ribble
                                               and replaces it with a sense of Con-                     Capito             Issa                  Rice (SC)          (NM)            Peterson           Swalwell (CA)
                                               gress, reiterating all the economic                      Carter             Jenkins               Rigell               ´
                                                                                                                                                                  Lujan, Ben Ray    Pingree (ME)       Takano
                                               analysis requirements already imposed                    Cassidy            Johnson (OH)          Roby               (NM)            Pocan              Thompson (CA)
                                                                                                        Chabot             Jones                 Roe (TN)         Lynch             Polis              Thompson (MS)
                                               on the SEC.                                              Chaffetz           Jordan                Rogers (KY)      Maloney,          Price (NC)         Tierney
                                                 Specifically, current law requires the                 Coffman            Joyce                 Rogers (MI)        Carolyn         Rangel             Titus
                                               SEC to conduct economic analyses pur-                    Cole               Kelly (PA)            Rohrabacher      Maloney, Sean     Richmond           Tonko
                                                                                                        Collins (GA)       King (IA)             Rokita           Matsui            Roybal-Allard      Van Hollen
                                               suant to the Paperwork Reduction Act,                                                                              McCarthy (NY)     Ruiz               Vargas
                                                                                                        Collins (NY)       King (NY)             Rooney
                                               the Congressional Review Act and the                     Conaway            Kingston              Ros-Lehtinen     McCollum          Ruppersberger      Veasey
                                               Regulatory Flexibility Act, as well as                   Cook               Kinzinger (IL)        Roskam           McDermott         Rush               Vela
                                               additional cost-benefit analysis per the                 Cotton             Kline                 Ross             McGovern          Ryan (OH)              ´
                                                                                                                                                                                                       Velazquez
                                                                                                        Cramer             Kuster                Rothfus          McNerney           ´
                                                                                                                                                                                    Sanchez, Linda     Visclosky
                                               National Securities Markets Improve-                     Crawford           LaMalfa               Royce            Meeks               T.               Walz
                                               ment Act.                                                Crenshaw           Lamborn               Runyan           Meng              Sanchez, Loretta   Wasserman
                                                 The CHAIR. The time of the gentle-                     Cuellar            Lance                 Ryan (WI)        Michaud           Schakowsky           Schultz
                                                                                                        Culberson          Lankford              Salmon           Miller, George    Schiff             Waters
                                               woman has expired.                                                                                                 Moore             Schrader           Watt
                                                                                                        Davis, Rodney      Latham                Sanford
                                                 Mr. GARRETT. I yield back the bal-                     Denham             Latta                 Schneider        Moran             Schwartz           Waxman
                                               ance of my time.                                         Dent               LoBiondo              Schock           Murphy (FL)       Scott (VA)         Welch
                                                 The CHAIR. The question is on the                      DeSantis           Long                  Schweikert       Nadler            Scott, David       Wilson (FL)
                                                                                                        Diaz-Balart        Lucas                 Scott, Austin    Napolitano        Serrano            Yarmuth
                                               amendment offered by the gentle-                         Duncan (SC)        Luetkemeyer           Sensenbrenner
                                               woman from New York (Mrs. CAROLYN                        Duncan (TN)        Lummis                Sessions                          NOT VOTING—37
                                               B. MALONEY).                                             Ellmers            Maffei                Shimkus          Brown (FL)        Hanabusa           Palazzo
                                                                                                        Farenthold         Marchant              Shuster          Campbell          Higgins            Pascrell
                                                 The question was taken; and the                        Fincher            Marino                Simpson          Clyburn           Hinojosa           Pelosi
                                               Chair announced that the ayes ap-                        Fitzpatrick        Massie                Sinema           Coble             Holt               Peters (MI)
                                               peared to have it.                                       Fleischmann        Matheson              Smith (NE)       Cummings          Hoyer              Pompeo
                                                 Mr. GARRETT. Mr. Chair, I demand                       Fleming            McCarthy (CA)         Smith (NJ)       Daines            Johnson, Sam       Quigley
                                                                                                        Flores             McCaul                Smith (TX)       DeLauro           Kirkpatrick
                                               a recorded vote.                                         Forbes             McClintock            Southerland      DesJarlais        Labrador
                                                                                                                                                                                                       Rogers (AL)
                                                 The CHAIR. Pursuant to clause 6 of                                                                                                                    Sarbanes
                                                                                                        Fortenberry        McHenry               Stewart          Duffy             Lewis
                                                                                                                                                                                                       Scalise
                                               rule XVIII, further proceedings on the                   Foxx               McIntyre              Stivers          Edwards           Lofgren
                                                                                                                                                                                                       Tsongas
                                                                                                        Franks (AZ)        McKeon                Stockman         Garcia            Markey
                                               amendment offered by the gentle-                         Frelinghuysen      McKinley              Stutzman                                              Wagner
                                                                                                                                                                  Gingrey (GA)      Neal
                                               woman from New York will be post-                        Gabbard            McMorris              Terry            Gutierrez         O’Rourke
                                               poned.                                                   Gallego              Rodgers             Thompson (PA)
                                                           ANNOUNCEMENT BY THE CHAIR
                                                                                                        Gardner            Meadows               Thornberry                         b 1258
                                                                                                        Garrett            Meehan                Tiberi
                                                 The CHAIR. Pursuant to clause 6 of                     Gerlach            Messer                Tipton
                                                                                                                                                                                ´
                                                                                                                                                                    Messrs. CARDENAS, PETERS of
                                               rule XVIII, proceedings will now re-                     Gibbs              Mica                  Turner           California, and WELCH changed their
                                                                                                        Gibson             Miller (FL)           Upton            vote from ‘‘aye’’ to ‘‘no.’’
                                               sume on those amendments printed in                      Gohmert            Miller (MI)           Valadao
                                               House Report 113–60 on which further                     Goodlatte          Miller, Gary          Walberg            Mrs. HARTZLER and Mr. CUELLAR
                                               proceedings were postponed, in the fol-                  Gosar              Mullin                Walden           changed their vote from ‘‘no’’ to ‘‘aye.’’
                                               lowing order:                                            Gowdy              Mulvaney              Walorski           So the amendment was rejected.
                                                                                                        Granger            Murphy (PA)           Weber (TX)
                                                 Amendment No. 2 by Mr. HURT of                         Graves (GA)        Neugebauer            Webster (FL)
                                                                                                                                                                    The result of the vote was announced
                                               Virginia.                                                Graves (MO)        Noem                  Wenstrup         as above recorded.
                                                 Amendment No. 3 by Mrs. CAROLYN                        Griffin (AR)       Nugent                Westmoreland      AMENDMENT NO. 3 OFFERED BY MRS. CAROLYN
                                                                                                        Griffith (VA)      Nunes                 Whitfield                B. MALONEY OF NEW YORK
                                               B. MALONEY of New York.                                  Grimm              Nunnelee              Williams
                                                 The Chair will reduce to 2 minutes                     Guthrie            Olson                 Wilson (SC)        The CHAIR. The unfinished business
                                               the minimum time for any electronic                      Hall               Owens                 Wittman          is the demand for a recorded vote on
                                               vote after the first vote in this series.                Hanna              Paulsen               Wolf             the amendment offered by the gentle-
                                                                                                        Harper             Pearce                Womack
                                                   AMENDMENT NO. 2 OFFERED BY MR. HURT                  Harris             Perry                 Woodall          woman from New York (Mrs. CAROLYN
                                                 The CHAIR. The unfinished business                     Hartzler           Petri                 Yoder            B. MALONEY) on which further pro-
                                                                                                        Hastings (WA)      Pittenger             Yoho             ceedings were postponed and on which
                                               is the demand for a recorded vote on                     Heck (NV)          Pitts                 Young (AK)
                                               the amendment offered by the gen-                        Hensarling         Poe (TX)              Young (FL)
                                                                                                                                                                  the ayes prevailed by voice vote.
                                               tleman from Virginia (Mr. HURT) on                       Herrera Beutler    Posey                 Young (IN)         The Clerk will redesignate the
                                               which further proceedings were post-                                                                               amendment.
                                               poned and on which the ayes prevailed                                         NOES—163                               The Clerk redesignated the amend-
                                               by voice vote.                                           Andrews            Connolly              Garamendi        ment.
                                                                                                        Bass               Conyers               Grayson
                                                 The Clerk will redesignate the                         Beatty             Cooper                Green, Al
                                                                                                                                                                                    RECORDED VOTE
                                               amendment.                                               Becerra            Costa                 Green, Gene        The CHAIR. A recorded vote has been
                                                 The Clerk redesignated the amend-                      Bishop (GA)        Courtney              Grijalva         demanded.
                                               ment.                                                    Bishop (NY)        Crowley               Hahn               A recorded vote was ordered.
                                                                                                        Blumenauer         Davis (CA)            Hastings (FL)
                                                                RECORDED VOTE                           Bonamici           Davis, Danny          Heck (WA)          The CHAIR. This will be a 2-minute
                                                 The CHAIR. A recorded vote has been                    Brady (PA)         DeFazio               Himes            vote.
                                                                                                        Braley (IA)        DeGette               Honda              The vote was taken by electronic de-
                                               demanded.                                                Brownley (CA)      Delaney               Horsford
                                                 A recorded vote was ordered.                           Bustos             DelBene               Huffman
                                                                                                                                                                  vice, and there were—ayes 165, noes 233,
                                                 The vote was taken by electronic de-                   Butterfield        Deutch                Israel           not voting 35, as follows:
                                               vice, and there were—ayes 233, noes 163,                 Capps              Dingell               Jackson Lee                        [Roll No. 158]
                                                                                                        Capuano            Doggett               Jeffries
                                               not voting 37, as follows:                                ´
                                                                                                        Cardenas           Doyle                 Johnson (GA)                        AYES—165
                                                                 [Roll No. 157]                         Carney             Duckworth             Johnson, E. B.   Andrews           Brownley (CA)      Castro (TX)
                                                                                                        Carson (IN)        Ellison               Kaptur           Bass              Bustos             Chu
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                                                                  AYES—233                              Cartwright         Engel                 Keating          Beatty            Butterfield        Cicilline
                                               Aderholt          Barr               Black               Castor (FL)        Enyart                Kelly (IL)       Becerra           Capps              Clarke
                                               Alexander         Barrow (GA)        Blackburn           Castro (TX)        Eshoo                 Kennedy          Bishop (GA)       Capuano            Clay
                                               Amash             Barton             Bonner              Chu                Esty                  Kildee           Bishop (NY)        ´
                                                                                                                                                                                    Cardenas           Cleaver
                                               Amodei            Benishek           Boustany            Cicilline          Farr                  Kilmer           Blumenauer        Carney             Cohen
                                               Bachmann          Bentivolio         Brady (TX)          Clarke             Fattah                Kind             Bonamici          Carson (IN)        Connolly
                                               Bachus            Bera (CA)          Bridenstine         Clay               Foster                Langevin         Brady (PA)        Cartwright         Conyers
                                               Barber            Bilirakis          Brooks (AL)         Cleaver            Frankel (FL)          Larsen (WA)      Braley (IA)       Castor (FL)        Cooper
                                               Barletta          Bishop (UT)        Brooks (IN)         Cohen              Fudge                 Larson (CT)




                                         VerDate Mar 15 2010   05:12 May 18, 2013   Jkt 029060    PO 00000   Frm 00027    Fmt 0636   Sfmt 0634     E:\CR\FM\K17MY7.047   H17MYPT1
                                               H2748                                              CONGRESSIONAL RECORD — HOUSE                                                              May 17, 2013
                                               Costa              Kildee             Rangel             Nugent             Rokita                Stutzman           The SPEAKER pro tempore. Is the
                                               Courtney           Kilmer             Richmond           Nunes              Rooney                Terry
                                               Crowley            Kind               Roybal-Allard      Nunnelee           Ros-Lehtinen          Thompson (PA)
                                                                                                                                                                  gentlewoman opposed to the bill?
                                               Davis (CA)         Kuster             Ruiz               Olson              Roskam                Thornberry         Ms. WATERS. In its current form, I
                                               Davis, Danny       Langevin           Ruppersberger      Owens              Ross                  Tiberi           am.
                                               DeFazio            Larsen (WA)        Rush               Paulsen            Rothfus               Tipton             The SPEAKER pro tempore. The
                                               DeGette            Larson (CT)        Ryan (OH)          Pearce             Royce                 Turner           Clerk will report the motion to recom-
                                               Delaney            Lee (CA)            ´
                                                                                     Sanchez, Linda     Perry              Runyan                Upton
                                               DeLauro            Levin                T.               Peters (CA)        Ryan (WI)             Valadao          mit.
                                               DelBene            Lipinski           Sanchez, Loretta   Petri              Salmon                Walberg            The Clerk read as follows:
                                               DesJarlais         Loebsack           Schakowsky         Pittenger          Sanford               Walden             Ms. Waters moves to recommit the bill
                                               Deutch             Lowenthal          Schiff             Pitts              Schock                Walorski         H.R. 1062 to the Committee on Financial
                                               Doggett            Lowey              Schneider          Poe (TX)           Schrader              Weber (TX)       Services with instructions to report the
                                               Doyle              Lujan Grisham      Schwartz           Posey              Schweikert            Webster (FL)
                                                                                                                                                                  same back to the House forthwith with the
                                               Duckworth            (NM)             Scott (VA)         Price (GA)         Scott, Austin         Wenstrup
                                               Ellison                ´
                                                                  Lujan, Ben Ray                        Radel              Sensenbrenner         Westmoreland     following amendment:
                                                                                     Serrano                                                                        Add at the end of the bill the following:
                                               Engel                (NM)             Sewell (AL)        Rahall             Sessions              Whitfield
                                               Enyart             Lynch                                 Reed               Shimkus               Williams         SEC. 4. PROTECTING THE PENSIONS OF WORK-
                                                                                     Shea-Porter                                                                             ING AMERICANS AND PROHIBITING
                                               Eshoo              Maloney,                              Reichert           Shuster               Wilson (SC)
                                                                                     Sherman                                                                                 THE FRAUDULENT TAKEOVER OF
                                               Esty                 Carolyn                             Renacci            Simpson               Wittman
                                                                                     Sires                                                                                   AMERICAN COMPANIES.
                                               Farr               Matsui                                Ribble             Sinema                Wolf
                                                                                     Slaughter                                                                      Nothing in this Act, or the amendments
                                               Fattah             McCarthy (NY)                         Rice (SC)          Smith (NE)            Womack
                                                                                     Smith (WA)
                                               Foster             McCollum                              Rigell             Smith (NJ)            Woodall          made by this Act, shall limit the authority
                                                                                     Speier             Roby               Smith (TX)            Yoder
                                               Frankel (FL)       McDermott
                                                                                     Swalwell (CA)
                                                                                                                                                                  of the Securities and Exchange Commission,
                                               Fudge              McGovern                              Roe (TN)           Southerland           Yoho             in carrying out the Commission’s authority
                                               Gabbard            McNerney           Takano             Rogers (KY)        Stewart               Young (AK)
                                                                                     Thompson (CA)                                                                to enforce securities laws and ensure inves-
                                               Garamendi          Meeks                                 Rogers (MI)        Stivers               Young (FL)
                                                                                     Thompson (MS)                                                                tor protections—
                                               Grayson            Meng                                  Rohrabacher        Stockman              Young (IN)
                                               Green, Al          Michaud            Tierney                                                                        (1) to protect the pension funds of fire-
                                               Green, Gene        Miller, George     Titus                                NOT VOTING—35                           fighters, police officers, and teachers, or a
                                               Grijalva           Moore              Tonko              Brown (FL)         Hanabusa              Palazzo          pension fund of any retiree, against fraudu-
                                               Hahn               Moran              Tsongas            Campbell           Higgins               Pascrell         lent and deceptive financial practices; or
                                               Hastings (FL)      Murphy (FL)        Van Hollen         Carter             Hinojosa              Pelosi             (2) to protect against the takeover of
                                               Heck (WA)          Nadler             Vargas             Clyburn            Holt                  Peters (MI)      American businesses by non-U.S. persons, in-
                                               Himes              Napolitano         Veasey             Coble              Hoyer
                                                                                     Vela
                                                                                                                                                 Pompeo           cluding    government-owned      corporations
                                               Honda              Negrete McLeod                        Cummings           Johnson, Sam          Quigley
                                               Horsford           Nolan                  ´
                                                                                     Velazquez                                                                    from China, that engage in reverse mergers
                                                                                                        Daines             Kirkpatrick           Rogers (AL)
                                               Huffman            O’Rourke           Visclosky          Duffy              Labrador                               with U.S. companies to gain quick access to
                                                                                                                                                 Sarbanes         U.S. markets, but defraud investors of bil-
                                               Israel             Pallone            Walz               Edwards            Lewis
                                                                                     Wasserman                                                   Scalise          lions of dollars.
                                               Jackson Lee        Pastor (AZ)                           Garcia             Lofgren
                                               Jeffries           Payne                Schultz                                                   Scott, David
                                                                                                        Gingrey (GA)       Markey                                   Mr. GARRETT (during the reading).
                                               Johnson (GA)       Perlmutter         Waters             Gutierrez                                Wagner
                                                                                                                           Neal
                                               Johnson, E. B.     Peterson           Watt                                                                         Mr. Speaker, I ask that the reading be
                                               Kaptur             Pingree (ME)       Waxman                               b 1305                                  dispensed with.
                                               Keating            Pocan              Welch
                                                                                                          So the amendment was rejected.                            The SPEAKER pro tempore. Is there
                                               Kelly (IL)         Polis              Wilson (FL)                                                                  objection to the request of the gen-
                                               Kennedy            Price (NC)         Yarmuth              The result of the vote was announced
                                                                                                        as above recorded.                                        tleman from New Jersey?
                                                                    NOES—233                                                                                        There was no objection.
                                                                                                          The Acting CHAIR (Mr. HULTGREN).
                                                                                                                                                                    The SPEAKER pro tempore. Pursu-
                                               Aderholt           DeSantis           Issa               The question is on the amendment in                       ant to the rule, the gentlewoman from
                                               Alexander          Diaz-Balart        Jenkins            the nature of a substitute, as amended.
                                               Amash              Dingell            Johnson (OH)                                                                 California is recognized for 5 minutes
                                               Amodei             Duncan (SC)        Jones
                                                                                                          The amendment was agreed to.                            in support of the motion.
                                               Bachmann           Duncan (TN)        Jordan               The Acting CHAIR. Under the rule,
                                               Bachus             Ellmers            Joyce              the Committee rises.                                                        b 1310
                                               Barber             Farenthold         Kelly (PA)           Accordingly, the Committee rose;                          Ms. WATERS. This is the final
                                               Barletta           Fincher            King (IA)
                                               Barr               Fitzpatrick        King (NY)          and the Speaker pro tempore (Mr.                          amendment to the bill, which would
                                               Barrow (GA)        Fleischmann        Kingston           WOODALL) having assumed the chair,                        not kill the bill or send it back to com-
                                               Barton             Fleming            Kinzinger (IL)     Mr. HULTGREN, Acting Chair of the                         mittee. If adopted, the bill will imme-
                                               Benishek           Flores             Kline
                                               Bentivolio         Forbes             LaMalfa
                                                                                                        Committee of the Whole House on the                       diately proceed to final passage, as
                                               Bera (CA)          Fortenberry        Lamborn            state of the Union, reported that that                    amended.
                                               Bilirakis          Foxx               Lance              Committee, having had under consider-                       This motion ensures the ability of
                                               Bishop (UT)        Franks (AZ)        Lankford           ation the bill (H.R. 1062) to improve the                 the SEC to continue to protect inves-
                                               Black              Frelinghuysen      Latham                                                                       tors and enforce the securities laws. I
                                               Blackburn          Gallego            Latta              consideration by the Securities and Ex-
                                               Bonner             Gardner            LoBiondo           change Commission of the costs and                        want to emphasize that this motion
                                               Boustany           Garrett            Long               benefits of its regulations and orders,                   does not stop the bill, but it does flag
                                               Brady (TX)         Gerlach            Lucas
                                                                                                        and, pursuant to House Resolution 216,                    the very important ways in which we
                                               Bridenstine        Gibbs              Luetkemeyer                                                                  need to let the SEC act. The motion
                                               Brooks (AL)        Gibson             Lummis             he reported the bill back to the House
                                               Brooks (IN)        Gohmert            Maffei             with an amendment adopted in the                          would ensure that the SEC can protect
                                               Broun (GA)         Goodlatte          Maloney, Sean      Committee of the Whole.                                   investors and enforce the securities
                                               Buchanan           Gosar              Marchant
                                                                                                          The SPEAKER pro tempore. Under                          laws in two specific areas:
                                               Bucshon            Gowdy              Marino                                                                         First, the motion will ensure that
                                               Burgess            Granger            Massie             the rule, the previous question is or-
                                               Calvert            Graves (GA)        Matheson                                                                     this bill does not reduce the ability of
                                                                                                        dered.
                                               Camp               Graves (MO)        McCarthy (CA)                                                                the SEC to protect the pension plans of
                                                                                                          Is a separate vote demanded on any
                                               Cantor             Griffin (AR)       McCaul                                                                       our firefighters and police, the people
                                               Capito             Griffith (VA)      McClintock         amendment to the amendment in the
                                                                                                                                                                  on whom we rely as our first respond-
                                               Cassidy            Grimm              McHenry            nature of a substitute reported from
                                               Chabot             Guthrie            McIntyre                                                                     ers, as well as the pension plans of
                                                                                                        the Committee of the Whole?                               teachers and other retirees against
                                               Chaffetz           Hall               McKeon
                                               Coffman            Hanna              McKinley             If not, the question is on the amend-                   fraudulent and deceptive practices.
                                               Cole               Harper             McMorris           ment.                                                     Protecting investors is a core element
                                               Collins (GA)       Harris               Rodgers            The amendment was agreed to.                            of the SEC’s mission and one that we
                                               Collins (NY)       Hartzler           Meadows
                                               Conaway            Hastings (WA)      Meehan
                                                                                                          The SPEAKER pro tempore. The                            ignore at our peril. This week is Police
                                               Cook               Heck (NV)          Messer             question is on the engrossment and                        Officers Week. Do we really want to
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                                               Cotton             Hensarling         Mica               third reading of the bill.                                honor our men and women in service
                                               Cramer             Herrera Beutler    Miller (FL)          The bill was ordered to be engrossed
                                               Crawford           Holding            Miller (MI)                                                                  by stripping them of protections for
                                               Crenshaw           Hudson             Miller, Gary       and read a third time, and was read the                   their hard-earned and hard-won earn-
                                               Cuellar            Huelskamp          Mullin             third time.                                               ings? Mr. Speaker, these protections
                                               Culberson          Huizenga (MI)      Mulvaney
                                               Davis, Rodney      Hultgren           Murphy (PA)
                                                                                                                         MOTION TO RECOMMIT                       become ever more crucial as we rely in-
                                               Denham             Hunter             Neugebauer          Ms. WATERS. Mr. Speaker, I have a                        creasingly on the securities markets
                                               Dent               Hurt               Noem               motion to recommit at the desk.                           for our retirement savings.



                                         VerDate Mar 15 2010    03:09 May 18, 2013   Jkt 029060   PO 00000   Frm 00028    Fmt 0636   Sfmt 0634     E:\CR\FM\A17MY7.026   H17MYPT1
                                               May 17, 2013                                      CONGRESSIONAL RECORD — HOUSE                                                                        H2749
                                                 Second, the motion to recommit fo-                    natives that are out there, not just the                                 [Roll No. 159]
                                               cuses on protecting investors by ensur-                 initial one that comes forward. And                                       AYES—179
                                               ing that the SEC can protect against                    then once you’ve passed that regula-                   Andrews           Grayson          Pallone
                                               the takeover of American firms by for-                  tion, the next year and years after                    Barber            Green, Al        Pastor (AZ)
                                               eign companies, particularly Chinese                    that, go back and reconsider them and                  Barrow (GA)       Green, Gene      Payne
                                               companies, that are using such mergers                  make sure that they’re being done ef-                  Bass              Grijalva         Perlmutter
                                                                                                                                                              Beatty            Hahn             Peters (CA)
                                               to access the investor funds in our cap-                fectively and they were the most effi-                 Becerra           Hastings (FL)    Peterson
                                               ital markets without going through                      cient regulations for the economy.                     Bera (CA)         Heck (WA)        Pingree (ME)
                                               the SEC registration process. The SEC                   That’s the underlying legislation, and                 Bishop (GA)       Himes            Pocan
                                                                                                                                                              Bishop (NY)       Honda            Polis
                                               has had numerous enforcement actions                    that’s why I encourage my Members to                   Blumenauer        Horsford         Price (NC)
                                               against such companies which purchase                   support the underlying bill.                           Bonamici          Huffman
                                                                                                                                                                                                 Rahall
                                               a small company and merge it with a                        To the MTR, what is the SEC                         Brady (PA)        Israel
                                                                                                                                                                                                 Rangel
                                               larger, often fraudulent, foreign com-                                                                         Braley (IA)       Jackson Lee
                                                                                                       charged to do? Three, basically, core                  Brownley (CA)     Jeffries
                                                                                                                                                                                                 Richmond
                                               pany. It has worked hard to protect the                 provisions: investor protection, capital               Bustos            Johnson (GA)
                                                                                                                                                                                                 Roybal-Allard
                                               savings of hardworking Americans, in-                                                                                                             Ruiz
                                                                                                       formation, and efficient markets. And                  Butterfield       Jones
                                                                                                                                                                                                 Ruppersberger
                                               cluding union pension holders and                                                                              Capps             Kaptur
                                                                                                       perhaps to the point here, one of the                  Capuano           Keating          Rush
                                               other pensioners, from being disadvan-                  most important is investor protection.                  ´
                                                                                                                                                              Cardenas          Kelly (IL)       Ryan (OH)
                                               taged by these Chinese firms that don’t                    Who are we talking about when we’re                 Carney            Kennedy           ´
                                                                                                                                                                                                 Sanchez, Linda
                                               play by the same rules.                                                                                        Carson (IN)       Kildee             T.
                                                                                                       talking about investors? It’s that sin-                Cartwright        Kilmer           Sanchez, Loretta
                                                 Both of these areas highlight the im-                 gle mom out there who is trying to                                                        Schakowsky
                                                                                                                                                              Castor (FL)       Kind
                                               portance of SEC action to protect in-                   raise a young girl and trying to put her               Castro (TX)       Kuster           Schiff
                                               vestors, particularly those preparing                   into college and have money to do so.                  Chu               Langevin         Schneider
                                               for retirement. With Americans in-                                                                             Cicilline         Larsen (WA)      Schrader
                                                                                                       It’s the young couple who wants to                     Clarke            Larson (CT)      Schwartz
                                               creasingly dependent on the securities                  have financing to be able to buy their                 Clay              Lee (CA)         Scott (VA)
                                               markets to protect their retirement                     first home. It’s the moms, dads, and                   Cleaver           Levin            Scott, David
                                               savings, it is more critical than ever to               our grandparents, the pensioners and                   Cohen             Lipinski         Serrano
                                               ensure that we preserve the ability of                                                                         Connolly          Loebsack         Sewell (AL)
                                                                                                       the retirees who want to know that                     Conyers           Lowenthal        Shea-Porter
                                               the SEC to act.                                         their investments are secure and the                   Cooper            Lowey            Sherman
                                                 Just yesterday, we heard from the                     markets are operating efficiently. To                  Costa             Lujan Grisham    Sinema
                                               SEC’s new chairwoman, Mary Jo                           the point here with your amendment
                                                                                                                                                              Courtney            (NM)           Sires
                                                                                                                                                              Crowley               ´
                                                                                                                                                                                Lujan, Ben Ray
                                               White. When we asked her about this                     most specifically, yes, it’s the cop on
                                                                                                                                                                                                 Slaughter
                                                                                                                                                              Cuellar             (NM)           Smith (WA)
                                               bill, she said that she found it ‘‘very                 the beat, it’s the fireman, and it’s the               Davis (CA)        Lynch            Speier
                                               troubling.’’ I don’t imagine that a                     union worker who wants to make sure                    Davis, Danny      Maffei           Swalwell (CA)
                                               former prosecutor who took on the                                                                              DeFazio           Maloney,
                                                                                                       that he’s investing his time and efforts                                                  Takano
                                                                                                                                                              DeGette             Carolyn
                                               Mob and terrorists is easily troubled.                  into our community and his invest-                     Delaney           Maloney, Sean
                                                                                                                                                                                                 Thompson (CA)
                                               Indeed, she said that she had already                                                                                                             Thompson (MS)
                                                                                                       ments are taken care of in an efficient                DeLauro           Matsui
                                                                                                                                                                                                 Tierney
                                               needed at least 45 new economists to                    operation in the markets on Wall
                                                                                                                                                              DelBene           McCarthy (NY)
                                                                                                                                                                                                 Titus
                                               meet the need for an expanded eco-                                                                             Deutch            McCollum
                                                                                                       Street and the markets as well.                        Dingell           McDermott        Tonko
                                               nomic analysis under the SEC stand-                                                                            Doggett           McGovern         Tsongas
                                               ards, but she couldn’t hire them due to                    That’s what our bill does. All of them              Doyle             McIntyre         Van Hollen
                                               the sequester. This is troubling indeed.                are taken care of in the underlying leg-               Duckworth         McNerney         Vargas
                                                                                                       islation. Your amendment basically                     Ellison           Meeks            Veasey
                                                 Rather than helping the SEC to do                                                                            Engel             Meng             Vela
                                               its job better, we are cutting its budget               says that we don’t care as far as mak-                                                        ´
                                                                                                                                                                                                 Velazquez
                                                                                                                                                              Enyart            Michaud
                                               and throwing up new roadblocks, like                    ing sure the most efficient rules are                  Eshoo             Miller, George   Visclosky
                                               this bill. It is a mistake. I urge my col-              concerned when it comes to the fire-                   Esty              Moore            Walz
                                                                                                       fighters, the pensioners, or the teach-                Farr              Moran            Wasserman
                                               leagues to support this motion, and I                                                                          Fattah            Murphy (FL)        Schultz
                                               yield back the balance of my time.                      ers.                                                   Foster            Nadler           Waters
                                                 Mr. GARRETT. Mr. Speaker, I rise in                      I’ll close on this. If we want to honor             Frankel (FL)      Napolitano       Watt
                                                                                                       the firefighters, if we want to honor                  Fudge             Negrete McLeod   Waxman
                                               opposition.                                                                                                                                       Welch
                                                                                                                                                              Gabbard           Nolan
                                                 The SPEAKER pro tempore. The gen-                     the police officers, and if we want to                 Gallego           O’Rourke         Wilson (FL)
                                               tleman from New Jersey is recognized                    honor the teachers and the pension                     Garamendi         Owens            Yarmuth
                                               for 5 minutes.                                          funds, vote ‘‘no’’ on this MTR and vote
                                                 Mr. GARRETT. Mr. Speaker, I will be                   ‘‘yes’’ on the final passage.                                             NOES—217
                                               brief, and I will simply address both                                                                          Aderholt          Coffman          Gibbs
                                                                                                          I yield back the balance of my time.                Alexander         Collins (GA)     Gibson
                                               the process and the policy briefly.                        The SPEAKER pro tempore. Without                    Amash             Collins (NY)     Gohmert
                                                 On the process, I appreciate the gen-                 objection, the previous question is or-                Amodei            Conaway          Goodlatte
                                               tlelady’s bringing this amendment here                  dered on the motion to recommit.                       Bachmann          Cook             Gosar
                                               to the floor today; but, as she knows,                                                                         Bachus            Cotton           Gowdy
                                                                                                          There was no objection.                             Barletta          Cramer           Granger
                                               we were in committee for multiple                                                                              Barr              Crawford         Graves (GA)
                                               hours hearing various amendments on                        The SPEAKER pro tempore. The                        Benishek          Crenshaw         Graves (MO)
                                               the underlying legislation, and she had                 question is on the motion to recommit.                 Bentivolio        Culberson        Griffin (AR)
                                                                                                          The question was taken; and the                     Bilirakis         Davis, Rodney    Griffith (VA)
                                               every opportunity to bring it before                                                                           Bishop (UT)       Denham           Grimm
                                               the entire committee at that time, and                  Speaker pro tempore announced that                     Black             Dent             Guthrie
                                               we could have had a full and complete                   the noes appeared to have it.                          Blackburn         DeSantis         Hall
                                               debate and actual vote in the com-                                        RECORDED VOTE
                                                                                                                                                              Bonner            Diaz-Balart      Hanna
                                                                                                                                                              Boustany          Duncan (SC)      Harper
                                               mittee at that time. I am lost for a rea-                 Ms. WATERS. Mr. Speaker, I demand                    Brady (TX)        Duncan (TN)      Harris
                                               son why she did not go through the reg-                 a recorded vote.                                       Bridenstine       Ellmers          Hartzler
                                               ular order.                                                                                                    Brooks (AL)       Farenthold       Hastings (WA)
                                                                                                         A recorded vote was ordered.                         Brooks (IN)       Fincher          Heck (NV)
                                                 But, more specifically, to the merits
                                                                                                         The SPEAKER pro tempore. Pursu-                      Broun (GA)        Fitzpatrick      Hensarling
                                               of the underlying bill and the amend-                                                                          Buchanan          Fleischmann      Herrera Beutler
                                               ment, if there could be anything sim-                   ant to clause 9 of rule 20, this 5-minute              Bucshon           Fleming          Holding
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                                               pler or easier than what we are trying                  vote on the motion to recommit will be                 Burgess           Flores           Hudson
                                               to do in the underlying bill, H.R. 1062,                followed by a 5-minute vote on passage                 Calvert           Forbes           Huelskamp
                                                                                                                                                              Camp              Fortenberry      Huizenga (MI)
                                               Mr. Speaker, let’s be real. Mr. Speaker,                of the bill, if ordered.                               Cantor            Foxx             Hultgren
                                               all we’re asking the SEC to do is this:                   This is a 5-minute vote.                             Capito            Franks (AZ)      Hunter
                                               identify a problem first before you do a                  The vote was taken by electronic de-                 Carter            Frelinghuysen    Hurt
                                                                                                                                                              Cassidy           Gardner          Issa
                                               regulation, and then once you consider                  vice, and there were—ayes 179, noes 217,               Chabot            Garrett          Jenkins
                                               a regulation, consider all the alter-                   not voting 37, as follows:                             Chaffetz          Gerlach          Johnson (OH)




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                                               H2750                                                CONGRESSIONAL RECORD — HOUSE                                                                  May 17, 2013
                                               Jordan             Neugebauer         Sensenbrenner        Cotton             King (IA)             Rigell           Matsui            Polis              Takano
                                               Joyce              Noem               Sessions             Cramer             King (NY)             Roby             McCarthy (NY)     Price (NC)         Thompson (CA)
                                               Kelly (PA)         Nugent             Shimkus              Crawford           Kingston              Roe (TN)         McCollum          Rangel             Thompson (MS)
                                               King (IA)          Nunes              Shuster              Crenshaw           Kinzinger (IL)        Rogers (KY)      McDermott         Richmond           Tierney
                                               King (NY)          Nunnelee           Simpson              Cuellar            Kline                 Rogers (MI)      McGovern          Roybal-Allard      Titus
                                               Kingston           Olson              Smith (NE)           Culberson          LaMalfa               Rohrabacher      McNerney          Ruppersberger      Tonko
                                               Kinzinger (IL)     Paulsen            Smith (NJ)           Davis, Rodney      Lamborn               Rokita           Meeks             Rush               Tsongas
                                               Kline              Pearce             Smith (TX)           Denham             Lance                 Rooney           Michaud           Ryan (OH)          Van Hollen
                                               LaMalfa            Perry              Southerland          Dent               Lankford              Ros-Lehtinen     Miller, George     ´
                                                                                                                                                                                      Sanchez, Linda
                                                                                                                                                                                                         Vargas
                                               Lamborn            Petri              Stewart              DeSantis           Latham                Roskam           Moore               T.
                                                                                                                                                                                                         Veasey
                                               Lance              Pittenger          Stivers              Diaz-Balart        Latta                 Ross             Moran             Sanchez, Loretta
                                               Lankford           Pitts                                                                                             Murphy (FL)       Schakowsky         Vela
                                                                                     Stockman             Duncan (SC)        LoBiondo              Rothfus                                                  ´
                                                                                                                                                                                                         Velazquez
                                               Latham             Poe (TX)           Stutzman             Duncan (TN)        Long                  Royce            Nadler            Schiff
                                               Latta              Posey                                   Ellmers            Lucas                                  Napolitano        Schwartz           Visclosky
                                                                                     Terry                                                         Ruiz                                                  Walz
                                               LoBiondo           Price (GA)         Thompson (PA)        Farenthold         Luetkemeyer           Runyan           Negrete McLeod    Scott (VA)
                                               Long               Radel                                   Fincher            Lummis                                 Nolan             Scott, David       Wasserman
                                                                                     Thornberry                                                    Ryan (WI)
                                               Lucas              Reed                                    Fitzpatrick        Maffei                                 O’Rourke          Sewell (AL)          Schultz
                                                                                     Tiberi                                                        Salmon
                                               Luetkemeyer        Reichert                                Fleischmann        Maloney, Sean                          Pallone           Shea-Porter        Waters
                                                                                     Tipton                                                        Sanford
                                               Lummis             Renacci                                 Fleming            Marchant                               Pastor (AZ)       Sherman            Watt
                                                                                     Turner                                                        Schneider
                                               Marchant           Ribble                                  Flores             Marino                                 Payne             Sires              Waxman
                                                                                     Upton                                                         Schock
                                               Marino             Rice (SC)                               Forbes             Massie                                 Perlmutter        Slaughter          Welch
                                                                                     Valadao                                                       Schrader
                                               Massie             Rigell                                  Fortenberry        Matheson                               Peterson          Smith (WA)         Wilson (FL)
                                                                                     Walberg                                                       Schweikert
                                               Matheson           Roby                                    Foxx               McCarthy (CA)                          Pingree (ME)      Speier             Yarmuth
                                                                                     Walden                                                        Scott, Austin
                                               McCarthy (CA)      Roe (TN)                                Franks (AZ)        McCaul                                 Pocan             Swalwell (CA)
                                                                                     Walorski                                                      Sensenbrenner
                                               McCaul             Rogers (KY)                             Frelinghuysen      McClintock
                                                                                     Weber (TX)                                                    Sessions                          NOT VOTING—37
                                               McClintock         Rogers (MI)                             Gallego            McHenry
                                                                                     Webster (FL)                                                  Shimkus
                                               McHenry            Rohrabacher                             Gardner            McIntyre                               Barton            Hanabusa           Palazzo
                                                                                     Wenstrup                                                      Shuster
                                               McKeon             Rokita                                  Garrett            McKeon                                 Brown (FL)        Higgins            Pascrell
                                                                                     Westmoreland                                                  Simpson
                                               McKinley           Rooney                                  Gerlach            McKinley                               Campbell          Hinojosa           Pelosi
                                                                                     Whitfield                                                     Sinema
                                               McMorris           Ros-Lehtinen                            Gibbs              McMorris                               Clyburn           Holt               Peters (MI)
                                                 Rodgers          Roskam             Williams                                                      Smith (NE)
                                                                                                          Gibson               Rodgers                              Coble             Hoyer              Pompeo
                                               Meadows            Ross               Wilson (SC)                                                   Smith (NJ)
                                                                                                          Gohmert            Meadows                                Cummings          Johnson, Sam       Quigley
                                               Meehan             Rothfus            Wittman                                                       Smith (TX)
                                                                                                          Goodlatte          Meehan                                 Daines            Kirkpatrick        Rogers (AL)
                                               Messer             Royce              Wolf                                                          Southerland
                                                                                                          Gosar              Messer                                 DesJarlais        Labrador
                                                                                     Womack                                                        Stewart                                               Sarbanes
                                               Mica               Runyan                                  Gowdy              Mica                                   Duffy             Lewis
                                               Miller (FL)        Ryan (WI)          Woodall                                                       Stivers                                               Scalise
                                                                                                          Granger            Miller (FL)                            Edwards           Lofgren
                                               Miller (MI)        Salmon             Yoder                Graves (GA)        Miller (MI)           Stockman                                              Serrano
                                                                                                                                                                    Garcia            Markey
                                               Miller, Gary       Sanford            Yoho                 Graves (MO)        Miller, Gary          Stutzman                                              Wagner
                                                                                                                                                                    Gingrey (GA)      Meng
                                               Mullin             Schock             Young (AK)           Griffin (AR)       Mullin                Terry
                                                                                                                                                                    Gutierrez         Neal
                                               Mulvaney           Schweikert         Young (FL)           Griffith (VA)      Mulvaney              Thompson (PA)
                                               Murphy (PA)        Scott, Austin      Young (IN)           Grimm              Murphy (PA)           Thornberry                        b 1330
                                                                                                          Guthrie            Neugebauer            Tiberi
                                                                NOT VOTING—37                             Hall               Noem                  Tipton             So the bill was passed.
                                               Barton             Gutierrez          Neal                 Hanna              Nugent                Turner             The result of the vote was announced
                                               Brown (FL)         Hanabusa           Palazzo              Harper             Nunes                 Upton            as above recorded.
                                               Campbell           Higgins                                 Harris             Nunnelee              Valadao
                                                                                     Pascrell
                                                                                                                                                   Walberg            A motion to reconsider was laid on
                                               Clyburn            Hinojosa           Pelosi               Hartzler           Olson
                                               Coble              Holt                                    Hastings (WA)      Owens                 Walden           the table.
                                                                                     Peters (MI)
                                               Cole               Hoyer                                   Heck (NV)          Paulsen               Walorski                        PERSONAL EXPLANATION
                                                                                     Pompeo                                                        Weber (TX)
                                               Cummings           Johnson, E. B.                          Hensarling         Pearce
                                                                                     Quigley
                                                                                                          Herrera Beutler    Perry                 Webster (FL)        Mrs. WAGNER. Mr. Speaker, on Friday May
                                               Daines             Johnson, Sam       Rogers (AL)
                                               DesJarlais         Kirkpatrick                             Holding            Peters (CA)           Wenstrup         17, 2013, I was in St. Louis, Missouri cele-
                                                                                     Sarbanes                                                      Westmoreland
                                               Duffy              Labrador
                                                                                     Scalise
                                                                                                          Hudson             Petri                                  brating the graduation of my son, Stephen
                                               Edwards            Lewis                                   Huelskamp          Pittenger             Whitfield
                                                                                     Wagner                                                        Williams
                                                                                                                                                                    Wagner. Stephen is graduating from Wash-
                                               Garcia             Lofgren                                 Huizenga (MI)      Pitts
                                               Gingrey (GA)       Markey                                  Hultgren           Poe (TX)              Wilson (SC)      ington University in St. Louis, and today was
                                                                                                          Hunter             Posey                 Wittman          his commencement ceremony.
                                                                                                          Hurt               Price (GA)            Wolf                Due to this lifetime event, I was unable to
                                                                b 1322                                    Issa               Radel                 Womack
                                                                                                          Jenkins            Rahall                Woodall          be in Washington, DC to vote on the legisla-
                                                 So the motion to recommit was re-                                                                                  tive business of the day.
                                                                                                          Johnson (OH)       Reed                  Yoder
                                               jected.                                                    Jones              Reichert              Yoho                On Ordering the Previous Question for H.
                                                 The result of the vote was announced                     Jordan             Renacci               Young (AK)       Res. 216, a resolution providing for consider-
                                               as above recorded.                                         Joyce              Ribble                Young (FL)
                                                                                                                                                                    ation of H.R. 1062, the SEC Regulatory Ac-
                                                 The SPEAKER pro tempore. The                             Kelly (PA)         Rice (SC)             Young (IN)
                                                                                                                                                                    countability Act, rollcall vote No. 155, had I
                                               question is on the passage of the bill.                                         NOES—161                             been present I would have vote ‘‘yes.’’
                                                 The question was taken; and the                                                                                       On Adoption of H. Res. 216, a resolution
                                                                                                          Andrews            Davis (CA)            Honda
                                               Speaker pro tempore announced that                         Bass               Davis, Danny          Horsford         providing for consideration of H.R. 1062, the
                                               the ayes appeared to have it.                              Beatty             DeFazio               Huffman          SEC Regulatory Accountability Act, rollcall No.
                                                                 RECORDED VOTE                            Becerra            DeGette               Israel
                                                                                                          Bishop (GA)        Delaney               Jackson Lee      156, had I been present I would have voted
                                                 Ms. WATERS. Mr. Speaker, I demand                        Bishop (NY)        DeLauro               Jeffries         ‘‘yes.’’
                                               a recorded vote.                                           Blumenauer         DelBene               Johnson (GA)        On Adoption of the Amendment of Mr. HURT
                                                 A recorded vote was ordered.                             Bonamici           Deutch                Johnson, E. B.
                                                                                                          Brady (PA)         Dingell               Kaptur
                                                                                                                                                                    of Virginia, Amendment No. 2 to H.R. 1062,
                                                 The SPEAKER pro tempore. This                            Braley (IA)        Doggett               Keating          rollcall vote No. 157, had I been present I
                                               will be a 5-minute vote.                                   Brownley (CA)      Doyle                 Kelly (IL)       would have voted ‘‘yes.’’
                                                 The vote was taken by electronic de-                     Bustos             Duckworth             Kennedy             On Adoption of the Amendment of Ms.
                                               vice, and there were—ayes 235, noes 161,                   Butterfield        Ellison               Kildee
                                                                                                          Capps              Engel                 Kilmer           MALONEY of New York, Amendment No. 3 to
                                               not voting 37, as follows:                                 Capuano            Enyart                Kind             H.R. 1062, rollcall vote No. 158, had I been
                                                                  [Roll No. 160]                          Carney             Eshoo                 Kuster           present I would have voted ‘‘no.’’
                                                                                                          Carson (IN)        Esty                  Langevin
                                                                   AYES—235                               Cartwright         Farr                  Larsen (WA)
                                                                                                                                                                       On the Motion to Recommit with Instructions
                                               Aderholt           Bishop (UT)        Camp                 Castor (FL)        Fattah                Larson (CT)      H.R. 1062 rollcall vote No. 159, had I been
                                               Alexander          Black              Cantor               Castro (TX)        Foster                Lee (CA)         present I would have voted ‘‘no.’’
                                               Amash              Blackburn          Capito               Chu                Frankel (FL)          Levin               On Passage of H.R. 1062, the SEC Regu-
                                               Amodei             Bonner              ´
                                                                                     Cardenas             Cicilline          Fudge                 Lipinski
                                               Bachmann           Boustany           Carter               Clarke             Gabbard               Loebsack         latory Accountability Act, rollcall vote No. 160,
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                                               Bachus             Brady (TX)         Cassidy              Clay               Garamendi             Lowenthal        had I been present, I would have voted ‘‘yes.’’
                                               Barber             Bridenstine        Chabot               Cleaver            Grayson               Lowey                           PERSONAL EXPLANATION
                                               Barletta           Brooks (AL)        Chaffetz             Cohen              Green, Al             Lujan Grisham
                                               Barr               Brooks (IN)        Coffman              Connolly           Green, Gene             (NM)              Mr. GUTIERREZ. Mr. Speaker, I was un-
                                               Barrow (GA)        Broun (GA)         Cole                 Conyers            Grijalva                  ´
                                                                                                                                                   Lujan, Ben Ray   avoidably absent in the House chamber for
                                               Benishek           Buchanan           Collins (GA)         Cooper             Hahn                    (NM)           votes Friday, May 17. Had I been present, I
                                               Bentivolio         Bucshon            Collins (NY)         Costa              Hastings (FL)         Lynch
                                               Bera (CA)          Burgess            Conaway              Courtney           Heck (WA)             Maloney,         would have voted ‘‘nay’’ on rollcall vote 155,
                                               Bilirakis          Calvert            Cook                 Crowley            Himes                   Carolyn        ‘‘nay’’ on rollcall vote 156, ‘‘nay’’ on rollcall



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                                               May 17, 2013                                      CONGRESSIONAL RECORD — HOUSE                                                                H2751
                                               vote 157, ‘‘yea’’ on rollcall vote 158, ‘‘yea’’ on      founded Universal Publishing and its                   at the age of 4 when she was singing
                                               rollcall vote 159, and ‘‘nay’’ on rollcall vote         subsidiary, Universal Bookseller & Dis-                literally to the Lord. It was only the
                                               160.                                                    tributor.                                              beginning. And as South Carolina’s
                                                           PERSONAL EXPLANATION                          Since then, this company has been                    new congressman from the First Con-
                                                  Mrs. KIRKPATRICK. Mr. Speaker, due to                dedicated to the distribution and publi-               gressional District, I speak for many
                                               family obligations today, May 17, 2013, I will          cation of books from Hispanic and                      who could not be more proud of
                                               miss certain votes related to H.R. 1062. Had            Cuban authors, including my father,                    Candice for, indeed, the way that she
                                               I been present, I would have voted the fol-             Enrique Ros.                                           reminds every one of us of the impor-
                                                                                                         I thank Salvat for playing a major                   tance of trying, trying, and trying yet
                                               lowing way:
                                                                                                       role in illustrating the road traveled by              again.
                                                  Representative Hurt Amendment—I would
                                                                                                       the exile community through the more                     Congratulations, Candice.
                                               have voted ‘‘no.’’
                                                                                                       than 1,600 published titles, while giving                                f
                                                  Representative Carolyn Maloney Amend-
                                                                                                       readers a deeper understanding of Cuba
                                               ment—I would have voted ‘‘yes.’’                                                                                      KEYSTONE XL PIPELINE
                                                                                                       and Latin America’s culture, history,
                                                  Democratic Motion to Recommit H.R.                                                                            (Mr. COHEN asked and was given per-
                                                                                                       politics, and literature. We will miss
                                               1062—I would have voted ‘‘yes.’’                                                                               mission to address the House for 1
                                                                                                       this great cultural leader.
                                                  On final passage of H.R. 1062—I would                                                                       minute.)
                                               have voted ‘‘no.’’                                                        f
                                                                                                                                                                Mr. COHEN. Mr. Speaker, I rise
                                                  Mr. PASCRELL. Mr. Speaker, today, May                          CLIMATE CHANGE                               today to share my grave concern about
                                               17th, I missed several rollcall votes. Had I              (Mr. JOHNSON of Georgia asked and                    the Keystone XL pipeline and H.R. 3,
                                               been present I would have voted:                        was given permission to address the                    the Northern Route Approval Act,
                                                  ‘‘nay’’—rollcall vote 155—On Ordering the            House for 1 minute and to revise and                   which, unfortunately, passed through
                                               Previous Question on H. Res. 216—Providing              extend his remarks.)                                   committee this past week. It will allow
                                               for consideration of H.R. 1062, the SEC Regu-             Mr. JOHNSON of Georgia. Mr. Speak-                   accelerated building of this pipeline
                                               latory Accountability Act.                              er, I implore my colleagues to address                 and give certain advantages to a for-
                                                  ‘‘nay’’—rollcall vote 156—On Agreeing to             the global climate process.                            eign    country—Canada—against        our
                                               the Resolution—H. Res. 216—Providing for                  A recent academic study found that                   citizens that otherwise would have
                                               consideration of H.R. 1062, the SEC Regu-               97 percent of scientists agree that                    rights to go to court, which are being
                                               latory Accountability Act                               human activity is mainly responsible                   deprived.
                                                  ‘‘nay’’—rollcall vote 157—On Agreeing to             for climate change. That same study                      The world’s foremost climatologist,
                                               the Amendment—Hurt of Virginia Amendment                concluded that the public has been mis-                former NASA scientist Dr. James Han-
                                               No. 2                                                   led into thinking that there is a dif-                 sen, was one of the first scientists to
                                                  ‘‘aye’’—rollcall Vote 158—On Agreeing to             ference in thinking among scientists                   warn of the dangers of burning carbon
                                               the Amendment—Carolyn Maloney of New                    on this, but 97 percent of scientists                  fuel. He has likened the building and
                                               York Amendment No. 3                                    agree that this is a problem.                          the use of the Keystone XL pipeline to
                                                  ‘‘aye’’—rollcall vote 159—On Motion to Re-             How much longer will science deniers                 the lighting of the ‘‘fuse to the biggest
                                               commit with Instructions on H.R. 1062—To im-            and their supporters in Congress spread                carbon bomb on the planet,’’ and noth-
                                               prove the consideration by the Securities and           misinformation about the facts and the                 ing less.
                                               Exchange Commission of the costs and bene-              dangers of climate change? It is a fact                  Dr. Hansen warns that the comple-
                                               fits of its regulations and orders                      that we have more carbon dioxide in                    tion of the Keystone XL pipeline will
                                                  ‘‘nay—rollcall vote 160—On Passage of                our atmosphere than at any time in                     only reinforce our dependence on fossil
                                               H.R. 1062—To improve the consideration by               the past 3 million years.                              fuels, not strengthen our Nation’s en-
                                               the Securities and Exchange Commission of                 As a member of the Safe Climate                      ergy independence, which has been ar-
                                               the costs and benefits of its regulations and           Caucus, I urge all of my colleagues to                 gued by some on the other side.
                                               orders                                                  recognize the dangers of climate                         By furthering our dependence on fos-
                                                                                                       change and to come together and ad-                    sil fuels, we only push Earth farther
                                                                f
                                                                                                       dress this problem ASAP. We don’t                      and farther away from the point of no
                                                ADJOURNMENT TO MONDAY, MAY                             have much time to lose.                                return. Just last week, the highest rat-
                                                                20, 2013                                                 f                                    ing of carbon in our atmosphere ever
                                                 Mr. YOHO. Mr. Speaker, I ask unani-                                                                          was recorded in Hawaii—400 points.
                                                                                                            CONGRATULATING CANDICE                            This portends a hotter summer even
                                               mous consent that when the House ad-                                    GLOVER
                                               journs today, it adjourn to meet on                                                                            than the hottest summers we have ever
                                                                                                         (Mr. SANFORD asked and was given                     faced on this planet.
                                               Monday next, when it shall convene at
                                                                                                       permission to address the House for 1                    Building a pipeline that carries the
                                               noon for morning-hour debate and 2
                                                                                                       minute.)                                               dirtiest of oils—tar sands—from Can-
                                               p.m. for legislative business.                            Mr. SANFORD. Mr. Speaker, I have                     ada to the Gulf of Mexico on their way
                                                 The SPEAKER pro tempore. Is there                     the pleasure of rising today to con-                   to China is exactly the opposite of ad-
                                               objection to the request of the gen-                    gratulate Lowcountry native and St.                    dressing climate change in America.
                                               tleman from Florida?                                    Helena Island’s own Candice Glover on                  So, next week, I urge my colleagues to
                                                 There was no objection.                               winning the title of ‘‘American Idol.’’                vote ‘‘no’’ on H.R. 3 in the interest of
                                                                f                                      She is the daughter of John and Carole                 preserving our Earth for generations to
                                               HONORING JUAN MANUEL SALVAT                             Glover. Candice is a graduate of Beau-                 come.
                                                                                                       fort High School.                                                        f
                                                 (Ms. ROS-LEHTINEN asked and was                         I think that her story ultimately is
                                               given permission to address the House                   inspirational, because what she does is                        STUDENT LOAN BILL
                                               for 1 minute and to revise and extend                   she teaches and reminds every one of                     (Mr. THOMPSON of Pennsylvania
                                               her remarks.)                                           us on the importance of this simple no-                asked and was given permission to ad-
                                                 Ms. ROS-LEHTINEN. Mr. Speaker, I                      tion of trying, trying, and trying yet                 dress the House for 1 minute and to re-
                                               rise this afternoon to honor Juan                       again. Because it was, in fact, on her                 vise and extend his remarks.)
                                               Manuel Salvat, owner of Miami’s first                   third attempt that she actually made                     Mr. THOMPSON of Pennsylvania.
                                               Spanish-language bookseller: Libreria                   it, and it made all the difference.                    Mr. Speaker, for too long Congress has
                                               Universal, which will sadly be closing                    I was there for ‘‘hero’s welcome’’ just              kicked the can down the road and
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                                               after his retirement in June.                           a couple of weeks ago in Beaufort,                     avoided putting forward a long-term
                                                 Having fled Castro’s totalitarian                     South Carolina, and I can only imagine                 plan for college affordability. Yester-
                                               grip, Juan Manuel was eager to rescue                   the welcome that she will now receive.                 day, the House Education Committee
                                               the essential works of the Cuban cul-                   She was then one of three. She won it                  took a strong step forward by strength-
                                               ture.                                                   this week.                                             ening our student loan programs and
                                                 He sought to tell the story of the                      Her career is one that started at                    passing H.R. 1911, the Smarter Solu-
                                               Cuban exile, and that is how in 1965 he                 Oaks True Holiness Church back home                    tions for Students Act.



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                                               H2752                                             CONGRESSIONAL RECORD — HOUSE                                                         May 17, 2013
                                                 Absent congressional action, interest                 education of firefighters in North Caro-               tes can be devastating, but it can be
                                               rates on student loans will double from                 lina. Chief Briscoe will continue to                   managed. Like most chronic diseases,
                                               3.4 to 6.8 percent on July 1. This bill                 serve on the board of directors as the                 diabetes can be attributed to poor be-
                                               prevents this from happening and ends                   past president of the North Carolina                   haviors, such as lack of physical activ-
                                               what has become an annual debate                        Association of Fire Chiefs.                            ity, poor nutritional choices and other
                                               within Congress on how to set the rates                   Today, we honor his years of service                 risky behaviors. By not only changing
                                               for student loans, a process that has                   and express our appreciation for his                   our behaviors but by improving access
                                               served neither students nor taxpayers.                  continued commitment to North Caro-                    to education, proper diabetes care and
                                                 H.R. 1911 builds on a proposal put for-               lina firefighters. We are grateful to                  continued funding for research to find
                                               ward by President Obama in his fiscal                   Chief Briscoe and to his fellow fire-                  a cure, we can truly make a positive,
                                               year 2014 budget request which would                    fighters across North Carolina for their               sustained change in the quality of life
                                               move to a market-based interest rate.                   bravery and selfless dedication to pro-                for millions of Americans.
                                               The bill would allow students to take                   tecting our communities in the face of                                   f
                                               advantage of low interest rates but                     danger.                                                REDEFINING THE NATION’S CAP-
                                               also protect them with reasonable rate                                    f                                      ITAL AS A FREE-STANDING FED-
                                               caps during higher rate environments.                                                                            ERAL AGENCY
                                                                                                         OPPOSING THE REPEAL OF THE
                                                 Mr. Speaker, I encourage my col-
                                                                                                              AFFORDABLE CARE ACT                               The SPEAKER pro tempore. Under
                                               leagues to join in support of this bill,
                                               which will offer students the lowest                      (Ms. MICHELLE LUJAN GRISHAM                          the Speaker’s announced policy of Jan-
                                               possible cost for higher education and                  of New Mexico asked and was given                      uary 3, 2013, the gentlewoman from the
                                               ensure the solvency of these important                  permission to address the House for 1                  District of Columbia (Ms. NORTON) is
                                               programs.                                               minute and to revise and extend her re-                recognized for 60 minutes as the des-
                                                                                                       marks.)                                                ignee of the minority leader.
                                                                f                                                                                               Ms. NORTON. I thank you, Mr.
                                                                                                         Ms. MICHELLE LUJAN GRISHAM of
                                                                     b 1340                            New Mexico. Mr. Speaker, instead of                    Speaker.
                                                                                                       taking steps to create jobs and grow                     I come to the floor to discuss a bill
                                                 REMARKABLE WOMEN OF WEST                                                                                     addressed only to my district, the Dis-
                                                       PALM BEACH, FLORIDA                             the economy, Republicans yesterday
                                                                                                       voted to repeal the Affordable Care Act                trict of Columbia, which will come to a
                                                 (Ms. FRANKEL of Florida asked and                     for the 37th time.                                     hearing next Thursday in the Judiciary
                                               was given permission to address the                       The Affordable Care Act is working,                  Subcommittee on the Constitution,
                                               House for 1 minute and to revise and                    and its benefits are being felt through-               chaired by Chairman TRENT FRANKS.
                                               extend her remarks.)                                                                                             In point of fact, over the last month,
                                                                                                       out the country, especially in my home
                                                 Ms. FRANKEL of Florida. Mr. Speak-                                                                           there have been two such bills intro-
                                                                                                       State. Almost 525,000 New Mexicans
                                               er, I rise to place in the CONGRESSIONAL                                                                       duced in this House, bills that can only
                                                                                                       now have access to free preventative
                                               RECORD the names of six phenomenal                                                                             fairly be characterized as abuse of
                                                                                                       services, such as mammograms, flu                      power. They are both directed against
                                               women who have positively influenced                    shots and colonoscopy screenings. Al-
                                               the lives of the people of my hometown                                                                         only one jurisdiction—my own district.
                                                                                                       most 19,000 seniors have benefited from                  H.R. 7 would appear to be a Federal
                                               of West Palm Beach, Florida:                            lower prescription drug costs, and over
                                                 Sheri Brooks, Renee Kessler and                                                                              matter. That bill would make perma-
                                                                                                       26,000 young adults in New Mexico can                  nent the Hyde amendment, which an-
                                               Ilene Silber, dynamic educators who                     stay on their parents’ insurance plans
                                               have devoted their lives to the future                                                                         nually passes this House every year,
                                                                                                       until they are 26.                                     barring the use of Federal funds for
                                               of the youth of our community;                            So why in the world would we want
                                                 Sherry Hyman, an exceptional law-                                                                            abortion. Wherever you stand on abor-
                                                                                                       to hurt seniors, women and young peo-                  tion, at the very least, that is a Fed-
                                               yer who has helped shape our county’s                   ple by repealing the Affordable Care
                                               physical environment;                                                                                          eral matter. In the very same bill how-
                                                                                                       Act?                                                   ever is an outrageous abuse. The bill
                                                 Mona Reis, a courageous crusader for                    Let’s not forget that the Affordable
                                               women’s health and reproductive                                                                                seeks to do the same for the District of
                                                                                                       Care Act is a job creator. The Medicaid                Columbia, barring permanently the use
                                               rights;                                                 expansion alone will create 6,000 to
                                                 and Young Song, a brilliant architect                                                                        of local funds—funds raised by local
                                                                                                       8,000 jobs in New Mexico and will pump                 taxpayers—for abortions for low-in-
                                               whose projects bring joy to thousands                   more than $5 billion into our economy
                                               of visitors each year.                                                                                         come women. Local funds are similarly
                                                                                                       over the next 6 years.                                 used for abortions for low income dis-
                                                 Best yet, these phenomenal women                        Mr. Speaker, let’s stop trying to re-
                                               have beautiful hearts and remarkable                                                                           tricts in districts across the United
                                                                                                       peal the Affordable Care Act, and let’s                States because, after all, they are local
                                               children.                                               get back to work on behalf of the                      funds. But H.R. 7 redefines the Nation’s
                                                                f                                      American people.                                       Capital which was given home rule in
                                                  IN HONOR OF THE SERVICE OF                                             f                                    1973, as a free-standing jurisdiction—
                                                  FIRE CHIEF KENNETH BRISCOE                                          DIABETES                                instead of a Federal agency for pur-
                                                                                                                                                              poses of abortion.
                                                 (Mr. MEADOWS asked and was given                        (Mr. BARR asked and was given per-                     Imagine having your district defined
                                               permission to address the House for 1                   mission to address the House for 1                     as a Federal agency so that the Con-
                                               minute and to revise and extend his re-                 minute and to revise and extend his re-                gress can make ideological points by
                                               marks.)                                                 marks.)                                                overturning local legislation at will.
                                                 Mr. MEADOWS. Mr. Speaker, I rise                        Mr. BARR. Mr. Speaker, I stand be-                   Yep, this is still America. That bill is
                                               today to honor Lenoir Fire Chief Ken                    fore you today to address a mounting                   H.R. 946. As to the District of Colum-
                                               Briscoe as his term of president of the                 health crisis and on behalf of nearly 26               bia, it’s simply an expanded way to
                                               North Carolina Association of Fire                      million Americans and 532,000 Kentuck-                 interfere with the business of a local
                                               Chiefs comes to an end this August.                     ians who suffer from diabetes.                         jurisdiction.
                                                 It is a well-earned rest after serving                  This disease kills more Americans                      I must say that I think that H.R. 7
                                               7 years and traveling across the State                  each year than breast cancer and AIDS                  and H.R. 1797 I will discuss shortly do
                                               of North Carolina and the United                        combined and costs our Nation more                     point to the bankruptcy of the Repub-
                                               States in representing more than 1,500                  than $200 billion in health care ex-
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                                                                                                                                                              lican agenda in the 113th Congress es-
                                               fire chiefs and 45,000 firefighters in                  penses each year. Tragically, every 17                 sentially does what is done anyway
                                               North Carolina.                                         seconds, someone is diagnosed with di-                 every year with respect to abortion. It
                                                 Chief Briscoe has been the fire chief                 abetes, and current estimates project                  hasn’t come to the floor yet.
                                               for the city of Lenoir since 2004 and has               that, by 2050, as many as one in three
                                               worked in the fire service for over 35                  Americans will suffer from diabetes.                                   b 1350
                                               years. During that time, his main focus                   We cannot sit idly by and accept the                   It hasn’t come to the floor yet, and
                                               has been improving the training and                     likelihood of this bleak future. Diabe-                indeed very few bills have come to the



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                                               May 17, 2013                                      CONGRESSIONAL RECORD — HOUSE                                                                 H2753
                                               floor. Sometimes the House has a rule                   other to permanently disallow local                    bearing age, every such family in the
                                               one day and the bill the next day when                  funds to be used to fund abortions for                 District of Columbia.
                                               there was plenty of time on both days                   poor women in the District. On both of                   The bill goes further. It criminalizes
                                               because the Republican House doesn’t                    those bills, I was denied the right and                abortion by making a physician subject
                                               have any agenda and it has to stretch                   the courtesy of testifying, although                   to imprisonment for up to 2 years for
                                               out what few bills it has to make it                    traditionally granted to Members, even                 abiding by Roe v. Wade and engaging in
                                               look like there’s something that the                    though bills don’t usually involve only                an abortion.
                                               House is doing. That’s how the House is                 one jurisdiction.                                        Then the bill has a truly bizarre sec-
                                               doing its business.                                       This bill is of great concern not only               tion which gives new meaning to the
                                                  Now the House is into my business,                   to me, but there’s going to be a press                 word ‘‘extreme.’’ It allows any current
                                               however, when it deals with the dis-                    conference next week indicating that                   or former health provider, who has ever
                                               trict I represent, a district of 600,000                the bill is viewed by women all over                   treated a woman—and it doesn’t say
                                               American citizens who you can bet                       the United States as, of course, a vehi-               when that provider might have treated
                                               your life are going to demand and al-                   cle to eliminate the reproductive                      a woman, perhaps as a child, because it
                                               ways demand to be treated as full                       rights of women across the country.                    has no limit—but allows any former
                                               American citizens because that is ex-                   The bill is fatally flawed in several ob-              health provider to obtain an injunction
                                               actly who we are. We will never accept                  vious ways.                                            against the abortion. The right to pri-
                                               overriding our rights—our local rights                    First, there is discriminatory treat-                vacy, among others is absent.
                                               and our constitutional rights—in order                  ment of the District of Columbia to its
                                                                                                                                                                                b 1400
                                               to satisfy the agenda of this Member of                 residents by banning abortions after 20
                                               Congress or that Member of Congress                     weeks only in the District of Columbia,                  This is a new low in extreme provi-
                                               who is making a point for special inter-                as I’ve indicated. If barring abortion is              sions that we have seen in the Congress
                                               est groups or for others.                               a principle, it’s a principle that as a                from my Republican colleagues. The
                                                  The bill that I want to primarily dis-               matter of principle, would apply na-                   very idea of even introducing a bill
                                               cuss, H.R. 1797, goes beyond the usual                  tionwide. But it’s not applied nation-                 that would deny the constitutional
                                               way in which the Congress—or at least                   wide in H.R. 1797 because the District                 rights of only one jurisdiction is an
                                               the Republican Congress—seeks to                        is the one jurisdiction over which Con-                outrage in and of itself. Sure, bills are
                                               interfere with the rights of the people                 gress has a modicum of control. Until                  introduced on this floor all the time
                                               of the District of Columbia. What they                  the District becomes a State, the Con-                 that are, on their face, unconstitu-
                                               do generally is to take advantage of                    gress can step in. But, of course, the                 tional, but it is bullying to pick out
                                               the fact that the district’s own local                  Home Rule Act contemplates that in                     one jurisdiction because you don’t have
                                               taxpayer-raised funds have to come                      our democracy Congress would never                     the courage to come forward with a na-
                                               here essentially to be checked off and                  step in, unless there was an abuse of                  tional law, a national bill. By no
                                               signed off, and Congress don’t ever look                Federal authority by the District of                   means, however, do we believe a na-
                                               at the budget. How could they? They                     Columbia. This would be, on the con-                   tional bill is appropriate.
                                               don’t know anything about a local ju-                   trary, an abuse of Federal power by the                  This bill has also been introduced on
                                               risdiction’s budget. But they do use the                Congress of the United States were this                the other side by Senator MIKE LEE of
                                               local budget to attach their own ideo-                  bill to pass.                                          Utah. Apparently someone asked him if
                                               logical stripes, and the usual one has                    The bill discriminates against the                   there is a 20-week abortion bill in Utah
                                               to do with abortion.                                    District by picking out the District                   or if Congress might introduce one for
                                                  H.R. 1797 uses the District of Colum-                among all the districts in the United                  Utah. He was quick to say, no, they
                                               bia in yet a new way with a new abuse                   States for unequal treatment. H.R. 1797                don’t have such a bill in Utah, and he
                                               because it goes beyond the low-income                   violates unabashedly Roe v. Wade,                      would oppose it if the Congress tried to
                                               women for whom the district cannot                      which allows abortion until viability as               enact one that applied to Utah. He
                                               spend its own local funds. Instead, H.R.                determined by a physician. Roe and all                 would be for only if Utah itself enacted
                                               1797 goes after every woman in the Dis-                 of its cases, all of the precedents that               the bill. So here we have a Tea Party
                                               trict of Columbia because that bill es-                 follow it, make it clear that viability                Republican in the Senate who applies
                                               sentially would make all abortions in                   cannot be determined by statute.                       his Tea Party principles against federal
                                               the District of Columbia after 20 weeks                   Roe v. Wade, 40 years ago, guaran-                   intervention except when it comes to
                                               illegal.                                                teed the right of an abortion as a con-                the District of Columbia.
                                                  Don’t talk about the obvious con-                    stitutional right. So you can expect                     Anybody who thinks that we’re going
                                               stitutional issue. I’ll get to that in a                that this is a matter that would be ul-                to stand here and let that happen with-
                                               minute.                                                 timately challenged. But the reason                    out, in fact, protesting it and rallying
                                                  H.R. 1797 seeks to regulate pregnancy                that the District is the vehicle used                  Americans who believe in fairness do
                                               and abortion—a local matter—with re-                    here is that the special interests obvi-               not know us very well. We refuse to be
                                               spect to only one jurisdiction, and it’s                ously want a Federal imprimatur and                    a vehicle for the extreme views or pet
                                               a matter that usually involves a mat-                   don’t have the guts to go get it by                    projects of some Republicans. They
                                               ter of principle. People who are ‘‘pro-                 bringing a bill to the House floor that                have their own outlets. They have the
                                               life,’’ as they call themselves, have my                would apply to everybody. So they                      right to come to this floor and offer
                                               respect, but this circumstance is the                   choose the bullying way, the easy way.                 bills. They have the right to speak on
                                               only example where I have seen them                     You have a Federal imprimatur, if you                  this floor in any way they choose. We
                                               try to apply the principle only to one                  can get the Congress to vote with re-                  will not be a prop for those views.
                                               jurisdiction, leaving everybody else in                 spect to one jurisdiction because the                    The Republicans are the supposedly
                                               the United States exempt from the so-                   Congress is Federal. Of course, the bill               small government Tea Party party who
                                               called ‘‘principle.’’ If abortion should                violates the Home Rule Act itself be-                  are now using the big foot Federal Gov-
                                               be denied after 20 weeks, as a matter of                cause while the Home Rule Act ac-                      ernment against a single jurisdiction
                                               principle, then surely that principle                   knowledges the ultimate jurisdiction                   that doesn’t have a vote on this floor,
                                               should apply throughout the United                      of the Congress, it clearly, in its terms,             that could not vote for or against H.R.
                                               States. There’s a reason why it doesn’t,                contemplates that the legislative                      1797 if it came to this floor. What kind
                                               and I will get to that.                                 power will go to the Council of the Dis-               of courage is that? It’s a bully’s path to
                                                  First, I want to thank Chairman                      trict of Columbia. There is no prin-                   making ideological points. If you have
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                                               TRENT FRANKS for permitting me the                      cipled reason here to violate the local                an ideological point, make it; don’t use
                                               courtesy of testifying next Thursday at                 jurisdiction’s local authority.                        my district to do so.
                                               the hearing of H.R. 1797 that affects                     Here we have gone from the usual at-                   The extreme right-wing of the Repub-
                                               only my district. He had two bills last                 tack on low-income women by denying                    lican Party doesn’t even want the Fed-
                                               year. This bill is a redux of the same                  the city its authority to spend its own                eral Government in what the Federal
                                               bill that came to the floor and was de-                 taxpayer-raised funds as it sees fit, to               Government has always done, but now
                                               feated last year, and he also had an-                   an attack on every woman of child-                     they’ve got the Federal Government in



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                                               H2754                                             CONGRESSIONAL RECORD — HOUSE                                                         May 17, 2013
                                               something that even they say the Fed-                   mean to do for this bill what we did                   ever the Congress does, that it ask
                                               eral Government should never be                         last year—to turn it back, to make                     itself when it deals with the District of
                                               doing—interfering with the local rights                 women all over the country understand                  Columbia, is the action consistent with
                                               of people to govern themselves locally.                 it for what it is, just as they did last               the principles that you profess on this
                                                 This is a country in which there are                  year, to see that the only way to resist               floor time and again?
                                               wide differences on many subjects, per-                 these attacks is to be as persistent as                  I ask reconsideration of any such at-
                                               haps none more so than the right to re-                 our opponents are in coming back to                    tempts in the future. There is no pos-
                                               productive choice, but it is also a coun-               attack women using the women of the                    sible way that any self-respecting ju-
                                               try that respects one another in the                    District of Columbia.                                  risdiction would accept discriminatory
                                               various States and localities where we                    The women of my district are the                     treatment.
                                               live and do not try to reach over and                   chosen vehicle, but the targets are a                    And so, Mr. Speaker, I put the Con-
                                               somehow compel people in one jurisdic-                  national campaign against the repro-                   gress on notice, we will never—we do
                                               tion to do as people in another jurisdic-               ductive rights of women in the Nation.                 not accept the discriminatory treat-
                                               tion do. That’s the difference between                  They can’t come to the floor, or they                  ment in the Franks bill, H.R. 1797 or in
                                               this country, a Federal republic, and                   won’t, with a broadside attack on the                  the bill that I discussed previously,
                                               other countries, and it is a principle we               reproductive rights of women. So they                  H.R. 7, to bar abortions in Federal leg-
                                               mean to hold this Congress to.                          do the cowardly thing and come                         islation permanently, which somehow
                                                 There is the claim that, well, the Dis-
                                                                                                       against the District of Columbia be-                   tucks the District into a bill on federal
                                               trict doesn’t do enough restricting of
                                                                                                       cause of the technical jurisdiction                    funds.
                                               abortion, so that’s why we simply have
                                                                                                       that, of course I can see the Congress                   We do not accept and never will ac-
                                               to step in here. On the contrary, there
                                                                                                       has, but no principled Congress would                  cept second-class treatment by the
                                               are nine States that do not restrict
                                                                                                       ever use its federal power against a                   Congress of the United States. We will
                                               abortions any more than the District
                                                                                                       local jurisdiction.                                    always protest it, and we will always
                                               does, and the District abides by Roe v.
                                                                                                                                                              find a way to find the solid ground that
                                               Wade. Yet this bill is directed against                                   b 1410
                                                                                                                                                              American citizens must stand on to
                                               only one jurisdiction. Of course I take                   Therefore I come to the floor this                   protect their rights.
                                               exception to the bill itself, but I take                afternoon to put all on notice that you                  I yield back the balance of my time.
                                               particular exception against being                      can come as many times as you want
                                               bullied by people outside my jurisdic-                                                                                           f
                                                                                                       and as many ways as you want, but I
                                               tion in order to satisfy their own per-                 represent 600,000 taxpaying Americans,                  REFLECTIONS ON ABORTION AND
                                               sonal philosophical concerns.                           and they insist that they are equal to                     THE DISTRICT OF COLUMBIA
                                                 I can tell you this much: the notion                  Americans everywhere else.                               The SPEAKER pro tempore. Under
                                               that you can use the District and abuse                   For 100 years they did not have any                  the Speaker’s announced policy of Jan-
                                               its women on reproductive choice and                    rights. They didn’t have the right to                  uary 3, 2013, the gentleman from Iowa
                                               nobody else will care should have been
                                                                                                       vote for President. They didn’t have                   (Mr. KING) is recognized for 60 minutes
                                               put to rest last year. The kickoff of the
                                                                                                       the right for a local government. For                  as the designee of the majority leader.
                                               Republican attack on reproductive
                                                                                                       100 years they were ruled by three com-                  Mr. KING of Iowa. Mr. Speaker, it’s
                                               rights was, in fact, this bill which went
                                                                                                       missioners appointed by the President.                 my privilege to be recognized to ad-
                                               to the floor and failed, but Republicans
                                                                                                         During the civil rights era, the Con-                dress you here on the floor of the
                                               didn’t stop there. Going back to abor-
                                                                                                       gress became ashamed of having a local                 House of Representatives.
                                               tion was not enough. They went all the
                                                                                                       jurisdiction that was its Nation’s Cap-                  And listening to the gentlelady from
                                               way back to contraception and, amaz-
                                                                                                       ital, that did not have the same rights                the District of Columbia, of course, a
                                               ingly, made contraception a campaign
                                                                                                       as other people in the United States,                  different opinion comes to mind, and
                                               issue in the last election. Well, I hope
                                                                                                       not even a local government, a mayor                   that would be that, regardless of the
                                               they have learned their lesson, because
                                                                                                       or a city council who could enact legis-               discussion about the supposed anti-
                                               women put all of this together and
                                               showed what they thought about it in                    lation affecting the local population,                 choice bill here, I didn’t hear much dis-
                                               the Presidential election.                              although this population had been pay-                 cussion about ‘‘Dr.’’ and I put that in
                                                 I am very grateful to women all over                  ing Federal income taxes ever since                    quotes, ‘‘Kermit Gosnell,’’ who has
                                               the country for how they responded                      our country has been collecting income                 been convicted of murdering babies
                                               specifically to this very bill, this 20-                taxes. And our residents have fought                   while they’re struggling after they’re
                                               week abortion bill that applied only to                 and died in every war our country has                  born, while they’re squirming, while
                                               the District of Columbia. They were                     ever fought, including the war that cre-               they’re gurgling, while they’re crying
                                               not fooled for a moment. Women across                   ated the United States of America.                     and ‘‘snipping the necks of babies.’’
                                               the United States wrote thousands of                      American citizens in a jurisdiction as                 At least the jury has concluded that
                                               emails and letters indicating that they                 old and historic as the Nation’s Capital               that is murder, and now it’s come down
                                               understood this bill, the very same bill                is, will not have our citizenship rights               to this point where society needs to
                                               that was defeated last year, to be a ve-                taken away lightly, and we will not be                 ask the question, what’s the difference
                                               hicle for inroads into the reproductive                 used and abused by Members of this                     between that baby that’s born because
                                               rights of women across the United                       Congress, whatever their party.                        he induced early labor to bring that
                                               States. Far from ignoring it because,                     Our Union is not perfect, but it                     baby into the fresh air, what’s the dif-
                                               after all, it was only 600,000 D.C. resi-               strives to be. It can become perfect                   ference between that baby and the
                                               dents. The women may live in Cali-                      only when it hears about its imperfec-                 same baby or maybe a twin that’s 12
                                               fornia or Wyoming—we saw them writ-                     tions. There is no imperfection greater                inches away?
                                               ing from their States in large numbers,                 than having Members of Congress focus                    And I would say there’s no distinc-
                                               making it clear that they saw it for                    on one jurisdiction that does not have                 tion from a moral perspective. That
                                               what it was, that special interest                      the same ability to defend itself as                   little innocent baby is alive, a unique
                                               groups were going from State to State                   every other jurisdiction.                              human life that needs to be protected
                                               to pass anti-choice bills. They begin at                  It is hard enough to see Members of                  in all of its forms. And that’s the argu-
                                               personhood where there is absolutely                    Congress come down and vote on the                     ment that’s going on here.
                                               no right to abortion or contraception                   District’s local appropriation, which                    You’ll not hear people on the other
                                               because, in their view, life begins at                  they had nothing to do with collecting,                side of this argument bring up the bru-
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                                               conception. And then some have 6-week                   but which is still a part of what is al-               tal and bloody and ghoulish and ghast-
                                               bills and there are other 20-week bills.                lowed in the Congress. But it is dis-                  ly Gosnell, but you will hear the argu-
                                               They are all over the map. And by the                   graceful to see one issue picked out and               ment about choice because that sani-
                                               way, they are quite divided because                     one jurisdiction alone targeted.                       tizes this argument, and it tends to
                                               they are all over the map.                                If you feel strongly about your issue,               scrub the image out of our minds that
                                                 They have settled on 20-week abor-                    step up and air your issue in the way                  we get when we think of that cruel
                                               tion, however, for H.R. 1797, and we                    this House allows. And I ask that what-                Gosnell, who has now plea-bargained



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                                               May 17, 2013                                      CONGRESSIONAL RECORD — HOUSE                                                                    H2755
                                               himself into life in the penitentiary                     Now, that was news to me. I hadn’t                    policies to address climate change. So
                                               without the possibility of parole in an                 considered the idea that if the climate                 that’s a little bit for our levity, Mr.
                                               effort to avoid the death penalty.                      is changing—they think they know                        Speaker. My constituents sometimes
                                                  But think of this, Mr. Speaker. He                   why but they dare not have that debate                  wonder why I come back from this
                                               executed, we don’t know how many ba-                    any longer because the data was fraud-                  town, and I have a little bit of trouble
                                               bies, hundreds, perhaps thousands of                    ulent—but now they’re suggesting that                   engaging in a debate and rebutting
                                               babies, many of them struggling for                     the Earth is getting warmer, that it is                 some of the things that come at me,
                                               life. We don’t know how many.                           man’s fault, and it’s women that are                    I’m going to ask for a little help from
                                                  He did that, he gets to spend the rest               disparately impacted by it. I hadn’t                    around the countryside on how to actu-
                                               of his life, three squares a day in a cell              seen such a theory, Mr. Speaker.                        ally rebut this argument. It’s news to
                                               with exercise time and reading mate-                      And it goes on to say ‘‘whereas.’’ It                 me. I appreciate your attention, Mr.
                                               rial, and that’s supposedly justice in                  has a whole series of whereases, as we                  Speaker.
                                               this society.                                           know in a resolution.                                               ILLEGAL IMMIGRATION
                                                  And the gentlelady from the District                   Whereas, women in the United States are                  Mr. KING of Iowa. I came to this
                                               of Columbia talks about not having the                  the linchpin of families.                               floor, however, to address the situation
                                               right to vote, not having the voice of                    I agree that women are the linchpins                  of immigration and particularly illegal
                                               representation. There is a constitu-                    of families, and it would be better if we               immigration.
                                               tional foundation for that, and the                                                                                The first thing is that the people
                                                                                                       had more men who were playing a more
                                               early people that put this Constitution                                                                         that have advocated for open borders
                                                                                                       significant role. I don’t think that is
                                               together wrote in the original docu-                                                                            have, for years now, worked to conflate
                                                                                                       the position of the authors of this reso-
                                               ment how to establish the District of                                                                           the two terms ‘‘immigration’’ and ‘‘il-
                                                                                                       lution. But it goes to say:
                                               Columbia. Part of it was formed out of
                                                                                                         Whereas, climate change contributes to                legal immigration.’’ They did that, by
                                               Maryland; part was formed out of Vir-                   the workload and stress on women farmers.               the way, if you remember, with
                                               ginia.
                                                  And if it’s their determination that                   They suggest that women produce 80                    ‘‘health care’’ and ‘‘health insurance.’’
                                               they want to be part of that senatorial                 percent of the food in the developing                   When they conflated those two terms,
                                               representation, then we just simply                     countries. Maybe. That would be a sur-                  what they did was they blurred the
                                               draw a circle around this Federal com-                  prise to me. It says:                                   topic so they can say, anti-immigrant
                                               plex, and the balance of that can revert                  Whereas, women will be disproportionately             Congressman—I don’t want to use a
                                               back to either Maryland or Virginia,                    facing harmful impacts for climate change.              last name because I can’t think of one,
                                               and there’s your representation.                             Different from men, for example?                   we don’t have any in these 435—X, Y or
                                                  But I would make a point about rep-                    Whereas, epidemics such as malaria are ex-            Z, ‘‘anti-immigrant’’ when they really
                                               resentation that is far more important                  pected to worsen and spread due to vari-                mean someone who upholds the rule of
                                               than the dialogue that the gentlelady                   ations in climate, putting women at risk.               law.
                                               from the District has brought out with-                   Malaria discriminates on the basis of                    We have them from many of the
                                               in this last half hour or so, and that’s                gender, Mr. Speaker? That also is news                  States, but not from every State. We
                                               this point, that if those babies that                   to me.                                                  have one who has stood up and de-
                                               have been aborted since Roe v. Wade, if                   As I read down through this resolu-                   fended the rule of law since well before
                                               they had choice, rather than the moth-                  tion, the resolution on the disparate                   he arrived in this Congress, and he
                                               ers having choice, if they had a vote, if               impact of climate change on women,                      hails from the State of South Carolina.
                                               they had representation, if they could                  this is the one that caught my atten-                   He happens to be the lead deadeye in
                                               magically come alive today, 53 million                  tion above all others, Mr. Speaker. I’ll                the entire United States Congress, the
                                               of them, and if they had the right to                   quote from the resolution:                              man who brought the shooting trophy
                                               vote, and all of the districts across                     Whereas, food-insecure women with lim-                home again to the House of Represent-
                                               America where those babies have been                    ited socioeconomic resources may be vulner-             atives Republicans, and a man whom I
                                               aborted, we would have, by now, easily                  able to situations such as sex work, trans-             have known since he was one of a group
                                               seen the end of Roe v. Wade, and this                   actional sex and early marriage that put                of about seven who ran in the primary
                                               debate would not be taking place.                       them at risk for HIV, STIs, unplanned preg-             in South Carolina for his congressional
                                                                                                       nancy and poor reproductive health.                     seat.
                                                                 b 1420                                  Climate change, Mr. Speaker? Who                         I’d like to yield to the gentleman
                                                 This society would have a full respect                would have thought? Who would have                      from South Carolina (Mr. DUNCAN).
                                               and an appreciation and a reverence for                 thought that that temperature change,                      Mr. DUNCAN of South Carolina. I
                                               innocent, unborn human life if those                    perhaps the humidity change, was                        want to thank the gentleman from
                                               voices of the silenced could be heard in                going to bring about this kind of                       Iowa for his comments and his dedica-
                                               a vote. That’s the contradiction that is                Earth-shaking discrimination on peo-                    tion to immigration reform in this
                                               the undercurrent of this discussion                     ple based upon gender, or more tech-                    country.
                                               that’s been presented to us, Mr. Speak-                 nically, sex, Mr. Speaker?                                 When I was running for Congress, I
                                               er.                                                       I’ll go on:                                           remember Congressman KING coming
                                                                CLIMATE CHANGE                           Whereas, women in the United States are               to South Carolina and attending some
                                                 Mr. KING of Iowa. I have a couple of                  also particularly affected by climate-related           of my events where we talked about
                                               random things to clean up on before I                   disasters such as Hurricane Katrina.                    immigration and we talked about the
                                               get to the topic that I came here to dis-                 I went down there. I made four trips                  border. So I applaud the gentleman for
                                               cuss. But I can’t resist bringing up a                  down to Hurricane Katrina, and men                      his past work on that. I look forward to
                                               resolution that emerged in my atten-                    and women were both affected, chil-                     continuing our efforts.
                                               tion today, H. Con. Res. 36. It’s a con-                dren, too. I didn’t ask them what their                    The past 2 weeks, the discussion in
                                               current resolution. It is introduced by                 orientation was. I took it as when                      Washington has been about trust. It’s
                                               Representative LEE of California, and                   weather strikes, when a hurricane                       been about trust, whether we’re talk-
                                               it is for herself, Mr. ELLISON, Mrs.                    strikes, it universally affects everyone                ing about the false and misleading
                                               CAPPS,       Mr.      JOHNSON,      Mrs.                in the zone without regard to race, sex,                talking points that were used by the
                                               CHRISTENSEN,     Mr.    GRIJALVA,    Mr.                creed, color, national origin or what-                  administration in Benghazi, the wire-
                                               HONDA, Mr. ISRAEL, Mrs. CAROLYN                         ever your ethnicity might be. When a                    tapping of reporters, specifically the
                                               MALONEY, Ms. MCCOLLUM, Ms. SCHA-                        hurricane hits, it hits everybody.                      AP, by the Justice Department or the
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                                               KOWSKY and Ms. SPEIER. These are the                      Here is another whereas:                              IRS illegally targeting conservative
                                               names of the original cosponsors. This                    Despite a unique capacity and knowledge               groups, and the public trust in our gov-
                                               resolution catches my attention, Mr.                    to promote and provide for adaptation to cli-           ernment is rightfully at an all-time
                                               Speaker. It says this:                                  mate change, women are disparately im-                  low.
                                                Recognizing the disparate impact of cli-               pacted.                                                    So when we’re debating immigration
                                               mate change on women and the efforts of                   They encourage the use of gender-                     reform, obviously trust is the number
                                               women globally to address climate change.               sensitive frameworks in developing                      one issue on people’s minds because



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                                               H2756                                             CONGRESSIONAL RECORD — HOUSE                                                         May 17, 2013
                                               they know that the government often                     knows when you leave that country if                   down that they were going to be stay-
                                               promises to do things but never follows                 you’re there as an immigrant or you’re                 ing at, at that place of business that
                                               through. And that is the case when                      there as a tourist. Other countries do,                they were granted a work visa to come
                                               we’re talking about immigration.                        as well.                                               here to work at. We need to pay them
                                               We’re talking about the laws that are                     Currently over half or almost half of                a visit. That’s low-hanging fruit.
                                               already on the books that I’ll talk                     all our illegal aliens in this country                   We don’t have to chase footprints in
                                               about in just a few minutes. But people                 came here legally. And we’re not doing                 the desert. We know who these people
                                               have made it very, very clear, Ameri-                   enough about it. We’re not enforcing                   are. They didn’t just come across the
                                               cans have made it very clear that they                  the laws that are on the books, and                    border on their own. We know who they
                                               want two main things. They want us to                   that doesn’t do anything to build what                 are. So that builds trust.
                                               secure our border—primarily we’re                       I talked about in the beginning, and                     I ask people, Mr. KING, around my
                                               talking about our southern borders                      that is the people’s trust.                            district, what does a secure border
                                               where the issue seems to be at hand                                                                            really look like? They struggle with
                                                                                                                        b 1430
                                               today—but they want our borders se-                                                                            that definition of a secure border, what
                                               cured, and they don’t want amnesty.                       And then you throw in the fact that                  that truly looks like in their mind’s
                                                 They don’t want to give away citi-                    the Immigration and Customs Enforce-                   eye. I do as well. But the first thing I
                                               zenship rights to folks who have bro-                   ment—ICE, we call it—they just re-                     think of is concrete, steel, and barbed
                                               ken the laws to come here because                       leased thousands of detainees, people                  wire, a fully secured border where we
                                               what happens is you water down what                     that they had detained for immigration                 control who comes across. We control
                                               it means to be a United States citizen                  violation. They just opened the door                   it through natural ports of entry.
                                               when you just carte blanche give those                  and let them go, many of whom had                        But I realize—I’ve been to the border.
                                               citizenship rights away to folks that                   criminal records. This was a pre-re-                   I realize that’s not feasible. Concrete,
                                               are lawbreakers, that have broken the                   sponse to the sequester.                               steel, and barbed wire doesn’t work in
                                               law to come here, regardless of how                       Before the sequester actually kicked                 a lot of the mountainous areas in Ari-
                                               honorable and well intentioned their                    in, across-the-board budget cuts, our                  zona. I get that. But a lot more con-
                                               reasons for coming here are. They still                 immigration enforcement officials de-                  crete, steel, and barbed wire, a lot
                                               broke the sovereign laws of the United                  cided, You know what? We’re going to                   more fencing, vehicle barriers, or what-
                                               States of America by crossing that bor-                 go ahead and apply sequester because                   not, that will basically push the bad
                                               der without permission and without                      we don’t want to do our jobs. We don’t                 guys, the folks, the smugglers and oth-
                                               legal immigration paperwork. They                       want to detain these people. We’re                     ers who want to come into this coun-
                                               have broken the United States law.                      going to open the doggone jail cells and               try, into corridors. We can more ac-
                                                 What’s interesting is that currently                  we’re going to let them go. Take that,                 tively enforce those corridors to appre-
                                               almost half the people in the United                    guys in Congress. We’re doing the se-                  hend those people when they do cross
                                               States who are here illegally didn’t                    quester the way we want to do it. And                  our border illegally. That works.
                                               walk across a southern border or they                   they let these people go, many of                        Congress believed it worked in 2006,
                                               didn’t walk across a northern border.                   whom,     Americans,    have    criminal               because in 2006 we passed the Secure
                                               They came here legally. They applied                    records, and they’re on the streets now.               Fence Act. We already have a law on
                                               in their host country, their home coun-                 That doesn’t do anything to build the                  the books that decides that we’re going
                                               try, at a United States consulate or a                  people’s trust, not a thing. We’re talk-               to build a secure fence on our southern
                                               United States embassy, and they asked                   ing about trust.                                       border. 2006. It’s 2013. Seven years ago,
                                               permission to come to the United                          We’ve got to secure our border. We’ve                we decided we were going to secure our
                                               States either as a tourist here on vaca-                got to enforce the current immigration                 border. What have we done about it?
                                               tion, or they asked to come here to at-                 laws that we have. We don’t need some                  We’ve got several hundred miles of
                                               tend one of our fine universities in this               comprehensive immigration reform                       fencing out of a several-thousand-mile
                                               country under an F–1 student visa, or                   package. We already have the laws on                   border. We need to build more fencing.
                                               they came here on some sort of work                     the books that deal with immigration                   And I realize, before the American peo-
                                               visa. They probably flew into this                      issues in this country, and we are not                 ple, that fencing isn’t an answer, but
                                               country through an airport or got off a                 enforcing those. So why are we going                   fencing is a great start. So let’s do
                                               ship.                                                   to create a whole other set of laws and                that.
                                                 We know something about them.                         then fail also to enforce those? If our                  Then we need commonsense reform
                                               America, these visa overstays, people                   government can’t first prove that our                  to our current immigration system. I
                                               that came here legally, they had those                  legal immigration system works and                     talk to farmers in my district who are
                                               interviews, we know who they are, we                    that they can enforce the laws that are                concerned about the comprehensive
                                               have their name, we have what they                      currently on the books, then why in                    immigration reform package that
                                               were coming here to do, and usually we                  the world would we believe that adding                 we’re working on. In fact, the farmers
                                               have a last known address for that per-                 more stress to the system will improve                 in my district work with farmers all
                                               son. Folks, this is low-hanging fruit.                  things?                                                over this country to deal with the
                                               And if we’re going to talk about ad-                      I think visa overstays are low-hang-                 guest worker program for agriculture,
                                               dressing illegal immigration in this                    ing fruit in the immigration debate.                   and they were able to get the American
                                               country, we ought to first address the                  It’s the canary in the coal mine. If we                Farm Bureau and some of the other
                                               visa overstays. We ought to first ad-                   can’t trust the Federal Government to                  farmers to finally agree on some lan-
                                               dress, America, the folks that came in                  enforce those existing laws of a list of               guage. I’m all for that.
                                               this country legally, they asked per-                   people whom we know a lot about, then                    I think we need to expand the legal
                                               mission to come here, and we granted                    how do we expect the government to do                  guest worker programs for this coun-
                                               them that permission. And then they                     what we’re talking about government                    try—that’s my personal opinion—to
                                               just decided—and I understand their                     having to do in the new immigration                    provide legal workers to the necessary
                                               deciding because this is a great coun-                  bill?                                                  industry, whether it’s agriculture or
                                               try—but they just decided they liked it                   So I talked about entry/exit. We need                others. I’m going to focus on agri-
                                               so much they decided to stay.                           to fix that. You need to be aware,                     culture because that’s what’s on my
                                                 How do we know that? Well, we real-                   America, that we need to know when                     mind today. But a legal immigration
                                               ly don’t know that they either have or                  people come here illegally and we need                 system that provides the workers—
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                                               have not left the country because this                  to know when they leave our country.                   whether it’s H–2A or H–2B—some sort
                                               Nation has a failed exit system. We                     When they don’t leave our country in                   of new program that increases the
                                               have an entry system where we know                      that allotted time that they’re allowed                number of legal workers that come
                                               when they come into this country from                   to come in, we grant them permission,                  here, and we get biometric data, we get
                                               another country under a visa where we                   then we need to go knock on their door                 a thumbprint from them, and it’s not
                                               granted them permission, but we really                  at their last known address—at that                    transferable. That paperwork is solid
                                               don’t know when they leave. Japan                       university, at that hotel that they put                for that individual. You have some sort



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                                               May 17, 2013                                      CONGRESSIONAL RECORD — HOUSE                                                               H2757
                                               of tie-in with the employer so the em-                  but they were a couple of pretty big                   ern, and Asian. And I said, you’re kid-
                                               ployer has some ownership, so to                        times? This one, I think that he was in-               ding me? He said, No. He said, Con-
                                               speak, of that record, that they asked                  fluenced by the people who surrounded                  gressman, we have apprehended folks
                                               for that employee, that employee is                     him and, out of a sense of decency and                 that were Middle Eastern that didn’t
                                               gainfully working with them. And                        compassion, signed the 1986 Amnesty                    speak Spanish or English, that spoke
                                               when that employee decides to go to                     Act, all the while knowing it was going                Farsi—Africans or Orientals or Asians
                                               work for somebody else, that employer                   to erode the rule of law but judging                   that were here that have come across.
                                               notifies the government, Hey, he’s not                  that of all of the commitments that                      And it took me aback, because I
                                               working for me anymore, but he did go                   were made that there would be enforce-                 started to think, well, I know that the
                                               work for XYZ company. XYZ company                       ment, that the trade-off was worth it. I               Latin Americans, the Hispanics that
                                               says, Yes, he’s a worker in my facility.                remember him saying that to us. I re-                  are coming, are generally coming for
                                                 Let’s continue that. These are com-                   member Ronald Reagan being honest                      work to provide for their families. I’ve
                                               monsense approaches that we need to                     with the American people, and he                       been to Guatemala; I’ve been to Mex-
                                               talk about in this country before we                    called it the Amnesty Act. He didn’t                   ico. I understand that desire to come to
                                               grant amnesty, before we grant citizen-                 call it the Comprehensive Reform Act.                  America and chase that American
                                               ship rights to folks who broke our                      He called it ‘‘amnesty’’ because that’s                Dream that I’m living today and try to
                                               laws.                                                   what it was.                                           make a reality and future for your
                                                 And that word ‘‘amnesty,’’ Mr. KING,                    Now, I appreciate the definition of                  children. But these were people other
                                               is thrown around way too much up                        the gentleman from South Carolina. I                   than that.
                                               here, and it gets watered down in the                   hadn’t heard that definition before: all                 And so being on the Homeland Secu-
                                               eyes of the Americans. But what it                      the rights embodied in the Constitu-                   rity Committee and Foreign Affairs
                                               means, it means that everything that                    tion, granting all of those rights to                  Committee, I’m concerned that we’ve
                                               you’re granted in the United States                     someone who is here illegally would be                 got others coming here from those
                                               Constitution as a citizen of this coun-                 amnesty.                                               parts of the world—Africa, the Middle
                                               try, what it means to be an American                      I’ve defined it this way. It’s not a                 East, and Asia. What are they coming
                                               citizen, gets watered down when we                      contradictory definition. It’s a defini-               here for?
                                               give those citizenship rights away to                   tion that I have long used. To grant                     And I’m reminded that Iran and its
                                               people who broke our laws coming                        amnesty is to pardon immigration                       special Revolutionary Guard Quds
                                               here. That’s what it means. We need to                  lawbreakers and reward them with the                   Force hatched a plan to deal with the
                                               remember that in this debate about im-                  objective of their crime. It’s a pardon                drug cartels to help them assist them
                                               migration reform that, No amnesty,                      and a reward. And I don’t know why                     to come across our southern border
                                               guys, no amnesty; and then let’s ap-                    they came here, necessarily. We don’t                  into this country into this very town
                                               proach a secure border.                                 know. They might have come for a                       to assassinate the Ambassador from
                                                 Let’s talk about the low-hanging                      job—many did. Some came to trade in                    Saudi Arabia at a restaurant in Wash-
                                               fruit of the illegals that are here that                contraband; some came to live with                     ington. They were trying to utilize
                                               we granted them permission. Let’s deal                  their families and not to work. But the                connections with the drug cartel in
                                               with those issues. That’s half the prob-                presence in the United States that’s                   Mexico to come across our poor south-
                                               lem right off the bat. We stem the flow                 unlawful becomes lawful with amnesty,                  ern border.
                                               of others coming here so we’re not add-                 and the path to the reason they came                     And so when I hear that we’ve got Af-
                                               ing to those numbers, and then that                     here is opened. They didn’t all come to                ricans or Middle Easterners or Asians
                                               other 50 percent that aren’t visa hold-                 be citizens and they didn’t all come for               coming into this country, I have to re-
                                               ers we can start dealing with at that                   a job. 42.5 percent of them are working                member as an American, under-
                                               point in time. These are simple things,                 in America today, not 100 percent.                     standing the homeland security nature,
                                               Mr. KING, that we have got to deal                      That’s a little better than five out of 12             I have to wonder what they’re coming
                                               with.                                                   that are actually working.                             for. And I also wonder if we had a truly
                                                 Every time we’ve granted amnesty in                     We should also remember that 80 to                   secure border, would we be seeing that.
                                               the past, we’ve regretted it as a Na-                   90 percent, according to the Drug En-                    So I thank the gentleman for men-
                                               tion. We’ve regretted it. We’ve truly re-               forcement Agency, 80 to 90 percent of                  tioning that other than Mexicans, oth-
                                               gretted it because we’ve failed to truly                the illegal drugs consumed in America                  ers that are coming or may be coming
                                               secure our borders. We’ve failed to                     come from or through Mexico. Mexico                    into this country. I believe they are
                                               truly reform the system. And every                      doesn’t produce them all, but 80 to 90                 coming into this country. What are
                                               amnesty that’s happened before—re-                      percent flow from or through Mexico.                   they coming for? We need to ask our-
                                               warding lawlessness and those who                                                                              selves that question.
                                               break the laws—has only encouraged                                        b 1440                                 Mr. KING of Iowa. Reclaiming my
                                               more lawlessness and more illegal im-                     That’s a huge number, and the price                  time, I appreciate the gentleman from
                                               migration. It’s time to stop that cycle.                for that is in the tens of billions of dol-            South Carolina bringing this up. I, too,
                                                 Mr. KING of Iowa. Reclaiming my                       lars to this society.                                  have spent a respectable amount of
                                               time, I appreciate the gentleman from                     I yield to the gentleman.                            time on the border. I’ve gone down
                                               South Carolina coming here and deliv-                     Mr. DUNCAN of South Carolina. You                    there and sat at night next to the bor-
                                               ering a perspective on the rule of law                  mentioned the folks that are coming                    der fence—no lights, no night-vision
                                               that we need so badly.                                  from Mexico. I was recently down at                    goggles—just listening to the sounds of
                                                 I am a bit flabbergasted by the lack                  the King Ranch in Texas, which is east-                the fence creaking, listening to the ve-
                                               of the ability to reason by some of my                  ern Texas—830 acres, a larger ranch                    hicles coming in through the mesquite,
                                               colleagues, and that’s on both sides of                 than the whole State of Rhode Island.                  the doors open, the doors close, the
                                               the aisle. It seems a little more ration-               They own their own security force, Mr.                 packs get dropped on the ground, they
                                               al on the other side of the aisle—I’ll                  KING. I was talking with the security                  pick them up, they whisper, they come
                                               say, in fact, a lot more rational be-                   force about the illegals that are com-                 back across the desert, and come
                                               cause there’s a huge political gain on                  ing into this country that travel. They                through the fence. You can put your
                                               their side. On our side of the aisle, two               traverse the King Ranch.                               ear down on the steel post and it trans-
                                               plus two doesn’t seem to add up to four                   One thing he said, a term that he                    mits that sound. As they flow through,
                                               for them. They come up with some                        used, was OTM. I had to ask him what                   you understand that the flow across
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                                               number like 3.0, which would be Teddy                   that was. And he said, Other than                      this border isn’t just where I’m sitting
                                               Kennedy’s amnesty bill 3.0. We had the                  Mexicans. And I said, Well, I thought                  that night, but it’s in many locations
                                               ’86 Amnesty Act, which was amnesty                      that was a little bit harsh. And he said,              across the border.
                                               1.0, and that was Teddy Kennedy in-                     Well, what that means is they’re not                     We had testimony before the Immi-
                                               volved in that, too.                                    Mexican, they’re not Honduran, they’re                 gration Subcommittee from the Border
                                                 Ronald Reagan let me down in 1986.                    not Nicaraguan, they’re not Guate-                     Patrol where they said they thought
                                               He only let me down twice in 8 years,                   malan. They are African, Middle East-                  they, perhaps, interdicted 25 percent of



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                                               H2758                                             CONGRESSIONAL RECORD — HOUSE                                                         May 17, 2013
                                               those that attempted to cross the bor-                  could live legally. Because at least one               we get are directly proportional to the
                                               der—25 percent. And if you look at                      link in every illegal drug distribution                will of the Chief Executive Officer to
                                               those numbers they had interdicted                      chain in America is a link from some-                  enforce the law. And we’re spending at
                                               that year, the number was equivalent                    one that’s unlawfully present in the                   least $6 million a mile on our southern
                                               to—if you do their formula—11,000 peo-                  United States, is an illegal alien, and                border—$6 million on 2,000 miles.
                                               ple a night. That meant 4 million peo-                  likely a criminal alien. At least one                    Now, I’m going to boil this down so it
                                               ple a year that were coming across our                  link. In many cases, it’s every link.                  gets a little more simple for some of
                                               southern border; 11,000 a night, Mr.                       The Mexican drug cartels control the                the Members in this Congress, because
                                               Speaker.                                                illegal drug distribution in all of our                the scope of that is beyond their imagi-
                                                 So I asked that question of one of my                 major cities in America, also most all                 nation. How do you build a 2,000-mile
                                               friends from Texas. He happens to be                    of our minor cities in America. When I                 fence? And, again, I didn’t say we need-
                                               on the Judiciary Committee and is a                     see the number of those cities, it’s so                ed to do that. We build it until they
                                               member of the Immigration Sub-                          appalling. The scope of it is so broad                 stop going around the end.
                                               committee—Congressman TED POE of                        that I’m reluctant to say so into the                                    b 1450
                                               Texas. He always pays attention to                      public record because it seems beyond
                                               what went on with Santa Anna and the                    reality when you think back 20 years                     I remind them that the Great Wall of
                                               Battle of the Alamo. He can quote to                    when it was localized within some of                   China was finished, connected to-
                                               you Colonel Travis’ letter.                             the cities in the South and South-                     gether, in about 245 B.C. It’s 5,500 miles
                                                 I asked him, What was the size of                     west—mostly Southwest—and now it’s                     long, and it’s wide at the top, and they
                                               Santa Anna’s army when they invaded                     pervasive across the entire country.                   march armies down the top of that
                                               Texas? And he said 5,000 to 6,000. Now,                 They’ve taken over the illegal drug dis-               Great Wall of China. So, if they could
                                               think of that, Mr. Speaker. Twice the                   tribution in America, and at the cost of               accomplish that in 245 B.C., we can ac-
                                               size of Santa Anna’s army—11,000 peo-                   tens of thousands of lives in Mexico, at               complish a much smaller endeavor
                                               ple a night, every night. Now, that’s at                the cost of many lives here in the                     here, with a much simpler structure
                                               the peak. Probably it’s half that by                    United States. A high price for that.                  with some modern technology with it,
                                               now, more likely now, although it’s in-                    As the gentleman from South Caro-                   and in an efficient way. We did the
                                               creased over the last few months since                  lina says, fences are not the only an-                 Manhattan Project in a short period of
                                               we’ve had this dialogue on immigration                  swer, but they’re a great start. And I                 time. You can’t convince me we cannot
                                               that’s going on and those border cross-                 have long said that we should build on                 build a barrier on the southern border
                                               ings are up dramatically. But during                    the southern border a fence, a wall, and               that’s effective and $6 million a mile.
                                               the lull, we still had the equivalent of                a fence so that we can have a couple of                Here is the equation.
                                               Santa Anna’s army come across our                       zones in between them that are no                        I live out in the countryside, and
                                               southern border every night.                            man’s land in an area where the Border                 there is a mile of gravel going in four
                                                 We’re not alarmed by that, when 80                    Patrol can respond when a fence is                     directions from the corner I live on.
                                               to 90 percent of the illegal drugs con-                 breached and be there to interdict so                  Now, if I just take one of those miles—
                                               sumed in America come from or                           that we can assure people: don’t bother                and I would think that Janet Napoli-
                                               through Mexico? And all of the pain                     to try, we’re going to be there to en-                 tano would assign me to provide the se-
                                               and the price and the heartache that                    force the law.                                         curity for that mile and pay me $6 mil-
                                               comes from that? No, it’s not all the                      That’s what a smart and sane coun-                  lion to guard that mile for a year.
                                               fault of the people that are south of                   try would do. And I’m not suggesting,                  What a lucrative contract that would
                                               here. We have an illegal drug consump-                  Mr. Speaker, that we need to build                     be, wouldn’t it? Now it’s a 10-year con-
                                               tion and demand in this country that is                 2,000 miles of fence, although there’s                 tract, so it’s a $60 million contract to
                                               a magnet for those illegal drugs, and                   1,960 miles of double fencing to go. I’m               guard 1 mile of gravel road in Iowa.
                                               that’s something for this society and                   just suggesting that we build a fence, a               There is more population along that
                                               our culture to address.                                 wall and a fence—a triple fence—with                   gravel road—and there isn’t much—
                                                 I don’t deny that, Mr. Speaker. In                    two no man’s land zones, and build it                  than there is along much of the south-
                                               fact, when I go to Mexico to have my                    until they stop going around the end.                  ern border. So the pressure on that
                                               dialogue with the Mexican members of                    As the gentleman from South Carolina                   might be in proportion to the urgency
                                               their Congress, I just start out the dia-               suggested, some of it’s a little moun-                 that people wanted to get across.
                                               logue with that, because otherwise                      tainous, some of it’s a little rocky, and                I, myself, wouldn’t hire even more
                                               they’re going to remind me that Amer-                   so you would build a fence where it’s                  boots on the ground. I would take some
                                               ica’s demand for drugs has brought                      practical. And if they climb the moun-                 of that $6 million a mile. I’d start out,
                                               about a lot of violence on both sides of                tain—I’ll tell you that it’s not impos-                maybe, in the first year by taking $2
                                               the border, particularly the southern                   sible to build a fence on a mountain-                  million of the $6 million and I’d build
                                               side of the border.                                     side either. We can build it on a                      myself a wall. Then maybe the next
                                                 The numbers of fatalities in this drug                vertical face if we need to. I don’t know              year I’d take another 11⁄2 or so million
                                               war and Mexico over the last 6 or 7                     if we can build it quite upside down if                and I’d build a couple of fences, one on
                                               years number 50,000 to 70,000 people                    we need to, but I don’t think it calls                 either side of that wall. Then I’d put a
                                               killed in that. That’s a tremendous                     for that. I spent my life in the con-                  little bit of technology on top, and
                                               amount of carnage. And it does include                  struction business, and we spent our                   after about 2 to 3 years, even just in
                                               those victims of the Fast and Furious                   life moving dirt and building fence and                tightening down my budget for my
                                               fiasco that we still haven’t put entirely               setting up structural concrete and                     manpower, my boots on the ground—
                                               to bed, Mr. Speaker.                                    doing underground utilities and many                   because you’re always going to need
                                                 But the price for open borders is                     other things.                                          some guards there and some Humvees
                                               high. It’s high in blood, it’s high in                     At one point, I came to the floor and               and some retirement and benefits
                                               treasure, it’s high in the value to our                 designed and demonstrated really the                   packages to go along with that and
                                               families and our society. And Drug En-                  simplicity of building the kind of bar-                uniform costs and all—I would take
                                               forcement tells me when I ask them: If                  rier that would be effective. And if you               about a third of that budget and roll it
                                               magically everybody that’s illegally in                 think that it’s not, take a look at                    into infrastructure. In about 2 to 21⁄2
                                               America woke up in their home coun-                     Israel that’s put up a fencing system.                 years, I would have a fence, a wall and
                                               try tomorrow morning—magically, of                      And, yes, it takes monitoring, and it                  a fence built and a patrol road built in
smartinez on DSK6TPTVN1PROD with HOUSE




                                               course—what would happen to the ille-                   takes guard towers along the way, and                  between those and in between the no
                                               gal drug distribution system in the                     it takes the virtual support so that you               man’s land, and I’d have the modern
                                               United States? Their answer: It would                   reduce the amount of manpower that’s                   devices up at the top. We would have
                                               immediately stop. All of it would be                    necessary.                                             video cameras so, if anybody breached
                                               suspended overnight in that hypo-                          But we’ve grown this manpower on                    that fence, wall and fence, even at the
                                               thetical scenario if magically all those                the southern border dramatically over                  first barrier, video cameras with infra-
                                               here illegally woke up where they                       the last decade. And the results that                  red would zero in on that location, and



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                                               May 17, 2013                                      CONGRESSIONAL RECORD — HOUSE                                                                 H2759
                                               we would deploy our boots on the                        data can lawfully work in the United                   if they cross a line by being chronically
                                               ground to that location.                                States. Now, it doesn’t verify that the                late, if their eyes are bloodshot and
                                                 As soon as people figured out that we                 biometrics of the individual who ap-                   their work is slow, if they’re tempera-
                                               were going to have 100 percent security                 plied with that information match the                  mental and those things or erratic—we
                                               on my mile of road—remember, I’ve got                   biometrics of that Social Security                     have an officer who is trained in that
                                               a $60 million contract. I can perform                   number. It just says, with this Social                 capacity, and he can say, You’re going
                                               with a high degree of efficiency, far                   Security number and the data that is                   in for a drug test because we want to
                                               higher than we’re getting right now. As                 associated with it, someone can work                   make sure that we have a drug-free
                                               soon as people figured out that we were                 under that. We can’t identify nec-                     workplace.
                                               going to respond and that it didn’t pay                 essarily of applicant A and applicant B                   That’s a responsible thing for an em-
                                               to cut or to try to climb over or to try                which one it might be if they’re using                 ployer to do. It’s also responsible for an
                                               to dig under because we were going to                   the same data, but it’s a good step in                 employer to want to have a legal work-
                                               be there with our vibration sensors and                 the right direction to make E-Verify                   force. It’s what we’d encourage employ-
                                               with our new technology, then we                        mandatory, but it falls short in a cou-                ers to do, but the law discourages them
                                               would have 100 percent efficiency along                 ple of categories.                                     from utilizing the tools that they have.
                                               those stretches of the border.                            One of them is that it leaves the ex-                I’ll be advocating strongly to change
                                                 I would take some of that money for                   isting law that prohibits an employer                  that component in E-Verify if it moves
                                               the next year and the next year. Then                   from using E-Verify on current em-                     forward in this Congress.
                                               I would widen our legal ports of entry,                 ployees. Now, why would you do that?                      The second thing is it preempts local
                                               and I would add a little manpower to                    If an employer has a reasonable sus-                   government from utilizing E-Verify as
                                               those legal ports of entry so that we                   picion that someone is unlawfully                      a means of requirement for enforce-
                                               could move the legal traffic through                    working for their company, wouldn’t                    ment. It just simply says that the Fed-
                                               and still monitor it even more effec-                   we want them to go on the Internet                     eral Government is going to have the
                                               tively than we do today at those ports                  and check that applicant to see if they                exclusive authority to regulate and en-
                                               of entry. That’s what a rational nation                 verify to be lawfully able to work in                  force E-Verify. Well, that would be fine
                                               would do, and that would then shut off                  the United States? I would want them                   if they actually enforced, but, Mr.
                                               the bleeding at the border.                             to do that. If they’re sitting in the                  Speaker, you know I have very little
                                                 There is a lot of pressure from the il-               break room and if one of their employ-                 confidence in the Federal Govern-
                                               legal drugs coming into America.                        ees said, Ah, you know, I’m an illegal                 ment’s will to enforce E-Verify. There
                                               Something greater than $60 billion a                    immigrant, and I duped you, and you                    will be those who will comply because
                                               year would be the street value of ille-                 can’t do a thing about it, that em-                    it’s the law—they will be good citizens,
                                               gal drugs in this country. When I first                 ployer may be able to report them to                   and some will be very good corporate
                                               came to this Congress, the DEA                          ICE, and maybe something happens,                      citizens—but we are not going to have
                                               couldn’t tell me what that number was.                  but they are prohibited by current law                 the kind of enforcement that’s nec-
                                               In fact, I don’t think they’ll still tell               from going on that Internet, accessing                 essary so that it’s universal.
                                               me what the number was. That number                     E-Verify and running that employee                        I know. I’ve lived through this. Ron-
                                               is more published from the news media                   through to verify and then taking ac-                  ald Reagan wanted to enforce the ’86
                                               than it is from the people who are sup-                 tion accordingly.                                      Amnesty Act, the I–9 forms. I got those
                                               posed to know the answer to that ques-                    Some of the people who are advo-                     I–9 forms. We had applicants come into
                                               tion. With that pressure from those il-                 cating for this E-Verify bill say, Well,               the office. I made sure that they care-
                                               legal drugs, they’ll find another way                   we have to protect employers from po-                  fully filled out those applications ac-
                                               into America until the demand is shut                   tential liability. They could be accused               cording to the law, and we took the
                                               off. I can tell you that we could raise                 of discriminating against someone. I’d                 copies of the support documents that
                                               the price of illegal drugs in America,                  point out that that computer doesn’t                   were necessary, and we carefully kept
                                               the street price, by locking down and                   know race, ethnicity. It might know                    those I–9 forms and associated docu-
                                               stopping the bleeding at our southern                   national origin, but you didn’t get to                 ments in our files for the day that INS
                                               border. Then they’ll have to find an-                   queue it for that. There is no query for               would show up and say, I want to see
                                               other way to get it in, and the price                   that. You put in the information—                      all of your job applicants and all of
                                               will go up. When the price goes up,                     name, rank, and serial number—as I                     your hires and all of your employees to
                                               fewer people use it.                                    said, and it only comes back to you and                verify if you have followed the ’86 Am-
                                                 So that would be a helpful thing, but                 says ‘‘confirmed’’ or ‘‘can’t confirm.’’               nesty Act law compliance terms for
                                               we can shut off the bleeding at the bor-                That’s all you know. So I don’t know                   I–9.
                                               der, Mr. Speaker. Then we need to shut                  how someone uses the E-Verify to dis-
                                               off the jobs magnet.                                    criminate on the basis of race, eth-                                     b 1500
                                                 Now, there is a bill that we had a                    nicity, national origin, language bar-                   They didn’t show up in my office.
                                               hearing on just yesterday in the immi-                  rier, whatever it might be. They make                  They didn’t show up in thousands of
                                               gration committee, and it’s a bill that                 that decision when they hire. If H.R. is               employers’ offices. If the enforcement
                                               has been drafted by Mr. LAMAR SMITH                     interviewing someone, then in all of                   wasn’t there after the 1986 Amnesty
                                               of Texas, who is one of our lead voices                 the things that go along with an inter-                Act, why in the world would we think
                                               on immigration enforcement in this                      view, they can sort all that out in their              there would be enforcement there with
                                               Congress, perhaps the lead voice. He                    own heads and make their decisions. If                 a President who has suspended immi-
                                               has done an awful lot to introduce and                  they’ve already hired someone, if that                 gration law because it’s his whim and
                                               to see to it that in 1996 there was im-                 individual has worked for them for                     is for a President who has defied his
                                               migration reform legislation that was                   years, then they’ve made their decision                own oath of office to take care that the
                                               passed that has an extremely useful                     on whether they’re going to discrimi-                  laws be faithfully executed?
                                               utility today, and I’m glad he is here to               nate or not. That’s an entirely separate                 He even gave a little talk—I was
                                               defend the basis of that language: mak-                 question from E-Verify’s usefulness.                   going to call it a lecture, but I think it
                                               ing E-Verify mandatory so that gov-                       I think we need to encourage employ-                 was a talk—to a high school group here
                                               ernment employers, government con-                      ers to clean up their workforce, and by                in Washington, D.C. The date was
                                               tractors and all new hires in the pri-                  doing so, we should allow them to use                  March 28. I think it was 2011. But I
                                               vate sector, too, would need to be                      E-Verify on current employees, espe-                   know the date. They had advocated to
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                                               verified under E-Verify, which is the                   cially if there is reasonable suspicion. I             him that he should, by executive order,
                                               Internet-based system where you                         wrote a drug testing bill in Iowa that                 establish the DREAM Act. So the
                                               punch in the I–9 data. I call it name,                  uses that standard, and it has not even                President answered correctly. He said,
                                               rank, and serial number.                                been tested in court it’s so solid. If                 I don’t have the authority to do that.
                                                 It will go out into that database and                 there is reasonable suspicion to point                 Congress passes the laws. I, as the ex-
                                               come back and tell you if it can affirm                 to one person out of your workforce—if                 ecutive branch, carry them out, and
                                               that the individual identified by that                  they don’t meet the standards of work,                 then the court system rules as to the



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                                               H2760                                             CONGRESSIONAL RECORD — HOUSE                                                        May 17, 2013
                                               intent of the legislation and the con-                    I would be astonished if the Supreme                 wages that are paid, they would come
                                               stitutionality of it.                                   Court would conclude that the Presi-                   off the Schedule C, they’d go back into
                                                  That’s the kind of explanation you                   dent has the authority to identify                     the gross receipts, and they’d show up
                                               would get from a former adjunct con-                    groups of people and waive the applica-                at the bottom as taxable income. So if
                                               stitutional law professor, which Barack                 tion of the law against groups of people               you paid a million dollars out in wages
                                               Obama is at the University of Chicago,                  and declare prosecutorial discretion to                to people who are working unlawfully
                                               a simple and clear answer. He gave it                   apply to groups rather than individ-                   in the United States as an employer,
                                               to the high school students and then                    uals. I would be astonished if the Su-                 then that million dollars would become
                                               defied his own explanation and defied                   preme Court would rule that the Presi-                 a taxable income rather than a busi-
                                               his own oath of office just a little more               dent can manufacture immigration                       ness expense.
                                               than a year later when the President                    work permits or a lawful presence out                    The net equivalent is this: a $10-an-
                                               had a press conference within a couple                  of thin air.                                           hour illegal, after you add the interest
                                               hours of the time that Janet Napoli-                      There’s no reason for article I, then.               and the penalty and the tax liability—
                                               tano, the Secretary of Homeland Secu-                   Congress would have no function if the                 I think I calculated that as 36 per-
                                               rity, and Director John Morton issued                   President could just write the laws,                   cent—comes to about $16 an hour. Now
                                               the Morton memos and the memo from                      waive the laws, do whatever. That’s                    it’s a business decision, Mr. Speaker.
                                               the executive branch that set up four                   what a king does. That’s not what a                    Now the employer takes a look at that
                                               classes of people—not individuals, but                  President does. The damage to our con-                 and thinks, Just a minute now. I’ve got
                                               four classes of people. It said we’re                   stitutional structure and system has                   a discount on this cheap labor at 10
                                               going to exempt them from immigra-                      been appalling, and I don’t know that                  bucks an hour, but I’ve also got this
                                               tion law. And seven different times in                  it’s settled into this society yet, Mr.                contingent liability of another 6 bucks
                                               that memo, Janet Napolitano’s memo,                     Speaker.                                               an hour if the IRS shows up; and if
                                               they referenced on an individual basis,                   But the President has violated the                   they show up this year, at 6 bucks an
                                               on an individual basis. I could repeat it               Constitution and his own oath of office,               hour, but if they wait another year and
                                               five more times. They wrote it in there                 and it’s been litigated in court for the               they audit me for the past 2 years, now
                                               because they understand that constitu-                  first round. It might be a long march                  it’s 12 bucks an hour. And there’s a 6-
                                               tionally they have prosecutorial dis-                   to the Supreme Court. But we are on                    year statute of limitations on this. So
                                               cretion to decide where to implement                    the correct constitutional grounds                     your $6 an hour becomes 6 years of li-
                                               the resources for prosecution, and they                 with this case, and the lead plaintiff is              ability. Now it’s $36 an hour over 6
                                               can’t prosecute everybody, but they                     Chris Crane, the President of the ICE                  years. At some point it is compelling,
                                               have an obligation to take care that                    union, where the executive edict actu-                 and as an employer you decide, I’m
                                               the laws be faithfully executed.                        ally orders ICE to disobey the law.                    going to clean up my workforce. I’m
                                                  So the courts have carved out, after                 They take an oath to take care that                    going to use E-Verify, and I’m going to
                                               years of litigation, this term called                   the law is being faithfully executed, as               get through this point where my work-
                                               ‘‘prosecutorial discretion,’’ but it can                well, Mr. Speaker.                                     force is legal.
                                               only be applied on an individual basis                    Then we have the situation of how do                   So two simple things can be done.
                                               only, which is why that memo has                        we shut off the jobs magnet if they’re                 One is build a fence, a wall and a fence
                                               seven references to an individual basis                 not going to enforce E-Verify. In fact,                on the southern border. We can do it
                                               only in it, but it doesn’t apply to indi-               if they prohibit employers from using                  with the money we have. And if you
                                               viduals. They carved out four groups of                 E-Verify, how do they expect them ever                 gave me Janet Napolitano’s job and a
                                               people exempt from immigration law.                     to clean up the illegal workforce?                     President that didn’t tie my hands be-
                                               And then to add insult to constitu-                       I have a simple bill that’s been intro-              hind my back, I can do it with the re-
                                               tional injury, the President also cre-                  duced in the last two or three Con-                    sources we are committing to it now.
                                               ated a work permit out of thin air.                     gresses. It’s called the New IDEA Act.                 And we could pass New IDEA, the New
                                                  All of the visas that we have, all of                There aren’t very many new ideas in                    Illegal Deduction Elimination Act; let
                                               the lawful precedents that exist in the                 this Congress. I think I actually just                 the IRS come into this equation, pro-
                                               United States, other than natural-born                  was able to get one passed in an                       vide an incentive for employers to
                                               citizens, is all a product of Congress.                 amendment in the farm bill here a cou-                 make a positive decision to clean up
                                               It’s interpreted that Congress has the                  ple of nights ago, a new idea. But this                their workforce. It shuts down the jobs
                                               full authority to establish immigration                 is a new idea on immigration, and it is                magnet. Then people make decisions as
                                               law. So we’ve set up visa this and visa                 now about 5 or 6 years old. New IDEA.                  to how much opportunity there is here
                                               that—temporary, permanent, a lawful                       The acronym ‘‘IDEA’’ stands for Ille-                in America. That means there’s more
                                               permanent residence status green card.                  gal Deduction Elimination Act. It                      opportunity for Americans.
                                               We set up the conditions for natu-                      brings the IRS into this equation and                    We have 100 million Americans of
                                               ralization. But the President wanted                    declares that wages and benefits paid                  working age who are simply not in the
                                               one more. He wanted a work permit for                   to illegals are not tax deductible for                 workforce because we have created a
                                               the people he granted amnesty to by                     Federal income tax purposes. It gives                  cradle-to-grave welfare system that is
                                               executive edict, and that’s what he did                 the employer safe harbor if they use E-                an incentive for people to stay home
                                               in an unconstitutional fashion.                         Verify. It grants them the authority to                rather than to go to work. We can’t al-
                                                  We’ve litigated that in court, and a                 use it on current employees. And then                  ways blame them for that decision.
                                               judge in Texas has upheld 9 of 10 argu-                 the IRS, who would not be accelerating                 Some dumb decisions were made here
                                               ments. The 10th argument has been                       their audits but simply during a nor-                  on the floor of the House of Represent-
                                               sent back, and he said to the govern-                   mal audit, they would punch in that I–                 atives and the United States Senate,
                                               ment, Rewrite that. It is essentially                   9 data that I mentioned earlier into the               but none of them is as dumb as the one
                                               unintelligible, and I don’t want to rule                E-Verify for the employees for the                     that seems to be emerging from the
                                               on it until you try to straighten it out.               company they were auditing. And if                     United States Senate today or maybe
                                               It’s like getting a term paper that a                   they kick those employees out as un-                   is churning around in a House gang of
                                               portion of it is so bad that you can’t                  lawful to work in the United States,                   eight.
                                               even give it a grade. Go rewrite it and                 the IRS then would say to the em-                        This bill that is moving through both
                                               come back to it.                                        ployer, You’re going to have 72 hours                  Chambers is the largest, most expen-
                                                  So I’m hopeful and optimistic that                   to cure this, but we’re not going to let
smartinez on DSK6TPTVN1PROD with HOUSE




                                                                                                                                                              sive amnesty bill that’s had credibility
                                               all 10 of those arguments will be sup-                  you deduct the wages and benefits paid                 and momentum in the history of this
                                               ported by the Federal judge. Now, if                    to illegals.                                           country. It is the always is, always
                                               that follows through to the United                        Why should those wages be deduct-                    was, and always will be amnesty bill.
                                               States Supreme Court, I expect they                     ible, especially when we give the em-
                                               will litigate this out to either the end                ployer safe harbor?                                                    b 1510
                                               of the Obama administration or in con-                    So the result of that would be your                   If you is in America, amnesty will al-
                                               clusion at the Supreme Court.                           $10-an-hour illegal would take the                     ways be available to you. If you was in



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                                               May 17, 2013                                      CONGRESSIONAL RECORD — HOUSE                                                                    H2761
                                               America, it sends an invitation that                    ica. That’s our job. That’s our oath.                  unusual and extraordinary threat to
                                               says: Apply—we didn’t meant to deport                   It’s the patriotic thing to do.                        the national security and foreign pol-
                                               you. Come on back, y’all, ya’ hear. We                    With that, Mr. Speaker, I yield back                 icy of the United States. Accordingly, I
                                               didn’t mean it. And if you ever get into                the balance of my time.                                have determined that it is necessary to
                                               America, if you will be in America,                                       f                                    continue the national emergency with
                                               you’re going to get amnesty some day,                                                                          respect to the stabilization of Iraq.
                                               too. That’s what they’re saying.                         MESSAGE FROM THE PRESIDENT                                                   BARACK OBAMA.
                                                 And a Nation cannot be a nation if it                   A message in writing from the Presi-                          THE WHITE HOUSE, May 17, 2013.
                                               doesn’t have borders. If we don’t secure                dent of the United States was commu-
                                               those borders and determine what                        nicated to the House by Mr. Brian                                        f
                                               comes and goes across those borders,                    Pate, one of his secretaries.
                                               we lose our sovereignty. And if we                                        f                                    COMMUNICATION FROM CHAIR OF
                                               don’t put Americans back to work and                                                                            COMMITTEE    ON   TRANSPOR-
                                               give them opportunity, we’re wasting a                  CONTINUATION OF THE NATIONAL                            TATION AND INFRASTRUCTURE
                                               massive amount of human capital. And                     EMERGENCY WITH RESPECT TO
                                                                                                                                                                The SPEAKER pro tempore laid be-
                                               that wasting of human capital then di-                   THE STABILIZATION OF IRAQ—
                                                                                                                                                              fore the House the following commu-
                                               minishes our potential as a nation.                      MESSAGE FROM THE PRESIDENT
                                                                                                        OF THE UNITED STATES (H. DOC.                         nication from the Chair of the Com-
                                                 And we have this workforce in this                                                                           mittee on Transportation and Infra-
                                                                                                        NO. 113–30)
                                               country that is oversupplied in the un-                                                                        structure; which was read and, without
                                               skilled and low-skilled categories. And                   The SPEAKER pro tempore (Mr.                         objection, referred to the Committee
                                               so the more people we bring in that are                 KING of Iowa) laid before the House the                on Appropriations:
                                               unskilled, the more it’s going to sup-                  following message from the President                       COMMITTEE ON TRANSPORTATION AND
                                               press the wages in the unskilled and                    of the United States; which was read                         INFRASTRUCTURE, HOUSE OF REP-
                                                                                                       and, together with the accompanying                          RESENTATIVES,
                                               low-skilled jobs. The high-skilled pays
                                                                                                       papers, referred to the Committee on                                  Washington, DC, May 17, 2013.
                                               pretty good and has pretty good bene-                                                                          Hon. JOHN BOEHNER, Speaker of the House,
                                               fits, and they contribute. They’re net                  Foreign Affairs and ordered to be print-
                                                                                                                                                              House of Representatives,
                                               contributors. But people that are here                  ed:                                                    The Capitol, Washington, DC.
                                               unlawfully, those who are in America                    To the Congress of the United States:                    DEAR MR. SPEAKER: I have enclosed a copy
                                               who are high school dropouts, they’re                     Section 202(d) of the National Emer-                 of the resolution adopted by the Committee
                                               not. They’re a net drain on the Treas-                  gencies Act (50 U.S.C. 1622(d)) provides               on Transportation and Infrastructure on
                                               ury. This group of 11.5 million which is                                                                       May 16, 2013. Pursuant to section 3307 of
                                                                                                       for the automatic termination of a na-
                                                                                                                                                              Title 40, United States Code, the Committee
                                               the subject of this bill, which is likely               tional emergency unless, within 90                     on Transportation and Infrastructure met in
                                               to be 33 million or more, this group can                days prior to the anniversary date of                  open session to consider a resolution to au-
                                               never be net contributors to our econ-                  its declaration, the President publishes               thorize an alteration project included in the
                                               omy, not in a single year of their life-                in the Federal Register and transmits to               General Services Administration’s FY2013
                                               time, and neither can the next genera-                  the Congress a notice stating that the                 Capital Investment and Leasing Program.
                                               tion compensate for that loss. That’s                   emergency is to continue in effect be-                   Our Committee continues to work to cut
                                               $6.3 trillion, according to Robert Rec-                 yond the anniversary date. In accord-                  waste and the cost of federal property. The
                                               tor of the Heritage Foundation.                                                                                resolution authorizes $10 million to recon-
                                                                                                       ance with this provision, I have sent to
                                                                                                                                                              figure the existing federal courthouse in
                                                 So, Mr. Speaker, I hope that there                    the Federal Register for publication the               Greenbelt, Maryland in lieu of the original
                                               are a lot of people that realize the mag-               enclosed notice stating that the na-                   plan to construct a new $128 million annex,
                                               nitude of this colossal proposed mis-                   tional emergency with respect to the                   saving the taxpayer $118 million. This resolu-
                                               take, and I hope that the good judg-                    stabilization of Iraq that was declared                tion is in line with the Committee’s goal of
                                               ment and the constitutional sound                       in Executive Order 13303 of May 22,                    decreasing the Judiciary’s real estate foot-
                                               thinking and the good conscience that                   2003, is to continue in effect beyond                  print and increasing the utilization of exist-
                                               comes from the American people, as                      May 22, 2013.                                          ing courthouses.
                                               manifested in the United States Senate                    Obstacles to the continued recon-                      I have enclosed a copy of the resolution
                                                                                                                                                              adopted by the Committee on Transpor-
                                               and the House of Representatives—and                    struction of Iraq, the restoration and
                                                                                                                                                              tation and Infrastructure on May 16, 2013.
                                               that we put an end to any kind of an                    maintenance of peace and security in                         Sincerely,
                                               idea of an amnesty bill and restore the                 the country, and the development of                                              BILL SHUSTER,
                                               rule of law and restore American op-                    political, administrative, and economic                                                  Chairman.
                                               portunity and do what’s good for Amer-                  institutions in Iraq continue to pose an                 Enclosure.
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                                               H2762                                             CONGRESSIONAL RECORD — HOUSE                                                   May 17, 2013

                                                                                                            COMMITTEE RESOLUTION

                                                                                                         ALTERATION
                                                                                             SOUTHERN MARYLAND U.S. COURTHOUSE
                                                                                                       GREENBELT, MD
                                                                                                        PMD-0232-GR13


                                               Resolved by the Committee on Transportation and InJra.vtructure of the US. House ojRepresentatives, that
                                               pursuant to 40 U.S.C. §3307, appropriations are authorized for alterations to the Southern Maryland U.S.
                                               Courthouse at 6500 Cherrywood Lane, Greenbelt, MD in lieu of a design of a courthouse exp~nsion, at a
                                               proposed cost of $10,000,000, a prospectus for which is attached to and included in this resolution.

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

                                               Adopted: May 16,2013



                                                  f3J1~
                                               Bill Shuster, M.C.
                                               Chairman
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                                               May 17, 2013                                      CONGRESSIONAL RECORD — HOUSE                                                                                                                                                                                                H2763

                                                                    GSA                                                                                                                                                                                                                                                PBS

                                                                                                  PROSPECTUS - ALTERATION
                                                                                             SOUTHERN MARYLAND U.S. COURTHOUSE
                                                                                                       GREENBELT, MD

                                                                                                                                                                         Prospectus Number:                                                                          PMD-0232-GR13
                                                                                                                                                                         Congressional District:                                                                                                                        05


                                                                    Project Summary

                                                                    The U.S. General Services Administration (GSA) proposes alterations to the Southern
                                                                    Maryland U.S. Courthouse at 6500 Cherrywood Lane, Greenbelt, MD. Through Public
                                                                    Law 111-117, Congress approved $10,000,000 for design of a courthouse expansion.
                                                                    This prospectus proposes alteration of the cou11house in lieu of the originally planned
                                                                    expansion of the existing building by 260,000 gross square feet (gst).

                                                                    Major Work Items
                                                                    Exterior closure, roofing, interior alterations, plumbing, fire protection, electrical,
                                                                    selective demolition, and HVAC.

                                                                    Pro ied Budget

                                                                       Desigtl and Review .... "' ............. ,..                                                     $1,300,000
                                                                                                                                            u . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , .............


                                                                       Estimated Construction Cost (ECC) .............................................................. $7,700,000
                                                                       Management and Inspection (M&I) ............................................................. $1,000,000
                                                                 Estimated Total Project Cost* (ETPC) .........................................................$10,000,000

                                                                 * The Judiciary will provide an additional $4.5 million in reimbursable funds to cover the
                                                                 design, construction, and management and inspection for 1 cou11l'00m and 4 chambers.


                                                                 Authorization Requested (Design, ECC. and M&I) ................................... $10,000,000 1

                                                                 hndlng Requested .t ••••••            l . . . . " . . . . . . . . . . . . . . . . . ;ot . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . " • • • t • • • , • • • , • • • • • , • • • • • • • • • • • • • • • • • , • • • • •   S02


                                                                 Prior Agthority and Funding (Alteration of S01lthern Maryland U.S. Courthouse)

                                                                None



                                                                I The original project for expansion (new construction line item) of the Southern Maryland U.S.
                                                                Courthouse was funded for design at $10,000,000 in FY 2010 (PL 111-117). Although no funds are being
                                                                requested in this prospectus, its approval is needed for this altemtion project. Concurrently, GSA will
                                                                request to reprogram the $10,000,000 from the new construction line item to this alteration project.
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                                                                2   Same as note # l.
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                                                                                                                                                                                                                                                                                                                        1


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                                               H2764                                             CONGRESSIONAL RECORD — HOUSE                                                        May 17, 2013

                                                                  GSA                                                                                                            PBS

                                                                                                  PROSPECTUS-ALTERATION
                                                                                             SOUTHERN MARYLAND U.S. COURTHOUSE
                                                                                                       GREENBELT, MD

                                                                                                                                   Prospectus Number:                  PMD-0232-GRI3
                                                                                                                                   Congressional District:                        05

                                                                 Prior Authority and Funding <New construction line item for expansion of Southern
                                                                 Maryland U.S. Coyrthouse)

                                                                 The House Committee on Transportation and Infrastructure and the Senate Committee on
                                                                 Enviromnent and Public Works authorized $10,000,000 for design on November 5, 2009,
                                                                 and February 4,2010, respectively.

                                                                 Congress appropriated $10,000,000 for FY 2010 (public Law 111.117),

                                                                 Prior Pr9spectus-L"v~1 Projects in Building {past 10 years}

                                                                 None


                                                                 Schedule
                                                                                                                                          Stal't                         End
                                                                 Design and Construction                                                  FY2012                         2015

                                                                 Building
                                                                                                                                                                                 "

                                                                 The Southern Maryland U.S. Courthouse is a fOU1'-story, 297,331 gsfbuilding completed
                                                                 in 1994 with 50 inside parking spaces. The building is of modem design with concrete
                                                                 and steel construction. The site also includes a two-story parking structure for 484
                                                                 spaces.


                                                                 Tenant Agencies

                                                                Bank1llptcy Court; Circuit Library; District Court; U.S. Marshal Service; trial preparation
                                                                space for Office of U.S. Attorneys; Pretrial Services; a House of Representatives office,
                                                                and GSA Public Buildings Service.
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                                                                                                                                                                                     2


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                                               May 17, 2013                                      CONGRESSIONAL RECORD — HOUSE                                                               H2765

                                                                  GSA                                                                                                                 PBS

                                                                                                  PROSPECTUS - ALTERATION
                                                                                             SOUTHERN MARYLAND U.S. COURTHOUSE
                                                                                                       GREENBELT, MD

                                                                                                                                   Prospectus Number:                  PMD~0232-GRI3
                                                                                                                                   Congressional District:                            05

                                                                  Proposed Project

                                                                 GSA will reconfigure existing space in the building to accommodate the need for one
                                                                 additional Magistrate (Civil Violations Bureau) courtroom, five new chambers and
                                                                 associated suppod space, for a more efficient building layout. The U.S, Attornets Office
                                                                 (USAO) plans to relocate to leased space in September 2012. Space vacated by the
                                                                 USAO on the fourth floor will be renovated to create new judges' chambers and
                                                                 associated support staff space. The existing first floor cafeteria will be downsized and
                                                                 relocated to create room for a new CVB courtroom and supporting spaces. This will
                                                                 result in the courts satisfying their mission within the existing building footprint,
                                                                 therefore eliminating the need for the previously planned new construction project.
                                                                 Approximately 2,100 gsf will be added to the building to accommodate new traffic and
                                                                 circulation patterns reSUlting 'from changes in first floor configuration. The new entrance
                                                                 will shift the security station and scanning equipment to a secure location before visitors
                                                                 enter the first floor atrium and first floor courtroom.


                                                                 Malor Work Items

                                                                 Exterior Closure                                                                                          $367,000
                                                                 Roofing                                                                                                   $576,000
                                                                 Interior Alterations                                                                                    $3,307,000
                                                                 Plumbing                                                                                                 $476,000
                                                                 Fire Protection                                                                                          $329,000
                                                                 Electrical                                                                                               $445,000
                                                                 Selective Demolition                                                                                     $600,000
                                                                 HVAC                                                                                                    $1.600,000
                                                                     Total Bee                                                                                           $7,700,000


                                                                 Justification

                                                                For several years, the Judiciary's Five-Yem: Courthouse Project Plan included a project to
                                                                expand the existing courthouse in Southern Maryland. Design for the expansion (a new
                                                                construction line item) was funded in FY 2010. Requirements for the original expansion
                                                                project were largely driven by the projected need for courtrooms and chambers for
                                                                                                                                               °
                                                                incoming judges. Committee resolutions in FY 201 limited the number of courtrooms
                                                                to 12. The proposed change in scope (alteration within building) meets judiciary
                                                                courtroom sharing policies and requirements are reduced due to the planned pel1nanent
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                                                                relocation ofthe USAO to leased space.
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                                                                                                                                                                                       3


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                                               H2766                                             CONGRESSIONAL RECORD — HOUSE                                                     May 17, 2013

                                                                  GSA                                                                                                            PBS

                                                                                                   PROSPECTUS-ALTERATION
                                                                                             SOUTHERN MARYLAND U.S. COURTHOUSE
                                                                                                       GREENBELT, MD

                                                                                                                                   Prospectus Number:                  PMD-0232-GRI3
                                                                                                                                   Congressional District:                        05


                                                                  The court's southem division has grown rapidly since the existing building opened and
                                                                  needs more space to accommodate current and future growth. The Judiciary reports that
                                                                  the Southem Maryland U.S. Courthouse's CVB docket is one of the judiciary's largest
                                                                 petty offence and misdemeanor dockets in the country, requiting dedicated courtroom
                                                                  space to handle the large volume. A courtroom will be constructed for the CVB on the
                                                                 first floor, which currently shares courtroom space with the magistrate judge on an upper
                                                                 floor. Once the CVB courtroom is constructed, by 2015, there will be 12 courtrooms for
                                                                  15 judges. The CVB courtroom, used by a magistrate judge, will have limited
                                                                 availability to other judges since it is forecast to be used for the large volume of CVB
                                                                 dockets. Five chambers will be constructed for three senior district judges, one
                                                                 magistrate judge, and one bankruptcy judge. One magistrate judge and one bankruptcy
                                                                 judge, plus their staff, are temporarily housed in various unconsolidated spaces around
                                                                 the building, including a conference room, library and attorney witness rooms, which will
                                                                 revert to their originally intended uses after proposed chambers are constructed.

                                                                 A reconfigured and expanded entrance is needed to handle the revised first floor traffic
                                                                 pattem due to the new high volume CVB courtroom, additional chambers, and office
                                                                 space being const1llcted.

                                                                 These recommended changes to the project scope are the result of Committee resolutions
                                                                 limiting the number of courtrooms and courtroom sharing policies issued by the Judicial
                                                                 Conference. The proposed project reflects senior district and magistrate judge sharing
                                                                 policies and does not include courtrooms for projected new judgeships. Bankruptcy
                                                                 judges will not be sharing courtrooms at this time since three bankruptcy courtrooms
                                                                 currently exist. The proposed renovations to the Southem Mary]and U.S. Courthouse will
                                                                 meet the court requirements through 2020. The reconfiguration of existing space in the
                                                                Courthouse will house a reduced court program while reducing taxpayer costs. With
                                                                issuance of the Judicial'Y's Five-Year Courthouse Project Plan for FYs 2013-2017,
                                                                construction of a new facility/expansion in Greenbelt, MD, has been removed from the
                                                                plan.

                                                                Explanation of Changes

                                                                The project authorized by the House and Senate Committees was for a new courthouse
                                                                annex, and stipulated use of energy efficient and renewable systems and reports about
                                                                such systems. This project is renovation of the existing Courthouse to provide for space
                                                                needs of the tenants including a new entrance and reconfigured lobby, and changes to
                                                                building systems to the extent that space renovations require system modifications.
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                                                                                                                                                                                  4


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                                               May 17, 2013                                      CONGRESSIONAL RECORD — HOUSE                                                                              H2767

                                                                  GSA                                                                                                                             PBS

                                                                                                  PROSPECTUS-ALTERATION
                                                                                             SOUTHERN MARYLAND U.S. COURTHOUSE
                                                                                                       GREENBELT, MD

                                                                                                                                      Prospectus Number:                     PMD-0232-GRI3
                                                                                                                                      Congressional District:                           05

                                                                  Exceptions from the U,S Courts Design Guide (USCDG)

                                                                  A courtroom of 2440 SF for the CVB docket is an exception to the USCDG 1800 SF
                                                                  magistrate judge courtroom, and was approved by the Judicial Conference on September
                                                                  15, 2009. The larger courtroom, four witness-attomey rooms (100 SF each; USCDG
                                                                  provides two at 150 SF each) and 1700 SF waiting area (USCDG provides 400 SF) were
                                                                  approved by the Judicial Council for the 4th Circuit on March 22, 2007. The additional
                                                                  costs for the following exceptions are:

                                                                  1.         eVB Co'Uftr'oom .................. ,•.••.•••••••• ,•.•••.•.• "•••••••• _
                                                                                                                                                    ••.•.•••••.••••••.••••• ,.••••••••.•••• ,•. $258,000
                                                                  2.         Four witness Attomey Rooms for CVB Courtroom ..................................... $9,000
                                                                  3.         Public waiting area for the CVB Courtroom ............................................ $115,000
                                                                 Pursuant to the House Committee on Transportation and Infrastructure resolution (San
                                                                 Diego, CA, Courthouse Annex, July 19, 2006) GSA concurs with these exceptions.

                                                                 Space ReguiremQnts of the U.S. Courts

                                                                                                                 Current               Pro Dosed
                                                                                                         Courtrooms   Chambers Courtrooms3 Chambers
                                                                       District                          5            5        6            8
                                                                       Magistrate, inclusive             3            4        3            4
                                                                       of CVB Courtroom
                                                                       Bankruptcy'f                      3                        3                  3                     3
                                                                       Total                             11                       12                 12                    15

                                                                 3The district court expects, in the very near future, to have 4 active district judges, 4
                                                                 senior district judges, and 4 magistrate judges. With courtroom sharing 6 courtrooms for
                                                                 district judges and 3 for magistrate judges are required. The district court cuU'ently has 8
                                                                 courtrooms in service, 5 are sized for use by district judges, and 3 are sized for use by
                                                                 magistrate judges. The construction of the new CVB courtroom will complete the 9
                                                                 authorized courtrooms for use by the district court, although one will still be undersized
                                                                 (1888SP vs 2400 SF).


                                                                4 One courtroom was added in previous years to satisfy the pressing need of the

                                                                Bankruptcy Court. This courtroom can be repurposed in the future as the anticipated
                                                                needs of the entire COUlt change and evolve. The Bankruptcy Court courtrooms are not
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                                                                suitable for use by district 01' magistrate judges because of lack of access to the Marshals
                                                                Service secured elevator and lack of space for jury functions.
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                                                                                                                                                                                                     5


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                                               H2768                                             CONGRESSIONAL RECORD — HOUSE                                                   May 17, 2013

                                                                  GSA                                                                                                           PBS

                                                                                                  PROSPECTUS - ALTERATION
                                                                                             SOUTHERN MARYLAND U.S. COURTHOUSE
                                                                                                       GREENBELT, MD

                                                                                                                                   Prospectus Number:
                                                                                                                                   Congressional District:



                                                                 Summary of Enel'gy Compliance

                                                                 The project will integrate and implement sustainable design principles and energy
                                                                 efficiency effOlts as seamlessly as possible into all aspects of both the design and
                                                                 construction process, if applicable


                                                                 Alternatives Considered (:lO-year, present value costs)

                                                                 There are no feasible alternatives to this project.

                                                                 Recommendation

                                                                 ALTERATION


                                                                 Certification of Need

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


                                                                 Submitted at Washington, DC, on _ _~Oc..ck.ltL-=::2::.:..5<:'+-J2=.::=:O:....tl-'=2~_ _ _ _ __




                                                                Appluved; __________ ______________________________________
                                                                                                       ~



                                                                                 Acting Administrator, General Services Administration
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                                               May 17, 2013                                      CONGRESSIONAL RECORD — HOUSE                                                               H2769
                                                 There was no objection.                               as being threats to the country because                  And the Attorney General didn’t
                                                                f                                      they believe what the Founders did.                    seem to know, but by the end of his
                                                                                                       How dare they.                                         testimony, he says, I don’t—obviously
                                                   ADMINISTRATION FAILURES                                                                                    I’ve said something untrue because, all
                                                                                                                         b 1520
                                                 The SPEAKER pro tempore. Under                                                                               of a sudden, now, even though he testi-
                                               the Speaker’s announced policy of Jan-                    And someone who believes the teach-                  fied he didn’t know what they really
                                               uary 3, 2013, the Chair recognizes the                  ings of Jesus Christ is somehow to be                  asked, all of a sudden, apparently he
                                               gentleman from Texas (Mr. GOHMERT)                      feared—wow—because they may go                         felt like he did know.
                                               for 30 minutes.                                         into all the world baptizing them, mak-                  But here’s the interesting chart to
                                                 Mr. GOHMERT. Thank you, Mr.                           ing disciples. They may end up being                   which the article was referring, very
                                               Speaker.                                                like Mother Teresa and helping the                     interesting. It’s from the U.S. Depart-
                                                 I certainly appreciate and agree with                 poor and needy. They may actually do                   ment of Homeland Security Office for
                                               the gentleman’s concerns about the                      things without the government telling                  Civil Rights and Civil Liberties. And it
                                               failure of the administration to secure                 them they can do that, like Mother Te-                 is important to know, we call it coun-
                                               the border. We are quite aware that the                 resa, just going in and helping.                       tering violent extremism, just as Ms.
                                               border did not get as secure as we                        Well, you’ve got to watch those evan-                Napolitano calls not countering ter-
                                               would have hoped under the prior ad-                    gelical Christians, if they are true                   rorism, she had this set up as the Coun-
                                               ministration, but there is no excuse for                Christians, if you’re part of this Janet               tering Violent Extremism Working
                                               not getting it done now, and especially                 Napolitano Homeland Security Office.                   Group, even though she couldn’t pre-
                                               when the claim is made that we’ll se-                     The article points out this policy                   viously answer my question as to how
                                               cure the border when you basically                      stands in stark contrast to the DHS Of-                many members of the Muslim Brother-
                                               give amnesty to people that were al-                    fice of Intelligence and Analysis 2009                 hood were part of her Homeland Secu-
                                               ready here. That’s like putting the cart                memo: ‘‘Right wing extremism, current                  rity Countering Violent Extremism
                                               in front of the horse as the cart is                    economic and political climate fueling                 Working Group, or even her Homeland
                                               going off the cliff. It’s a problem.                    resurgence in radicalization and re-                   Security Advisory Group.
                                                 There are other problems, Mr. Speak-                  cruitment,’’ which warned of the dan-                    And I found it interesting that a pub-
                                                                                                       gers posed by pro-life advocates, critics              lication in Egypt knows more about
                                               er, as you’ve surely noted with regard
                                                                                                       of same-sex marriage, and groups con-                  the Muslim Brotherhood members of
                                               to this administration. An article that
                                                                                                       cerned with abiding by the U.S. Con-                   this administration than our own
                                               came out today, May 17, from The
                                                                                                       stitution, among others.                               Homeland Security Secretary knows.
                                               Daily Caller points out that the home-
                                                                                                         The advice of the do’s and don’ts list               She didn’t even know, when I asked her
                                               land security guidelines advised def-
                                                                                                       is far more conciliatory. Don’t use                    at a prior hearing, that there was a
                                               erence to pro-sharia Muslim suprema-
                                                                                                       training that equates radical thought,                 known member of a known terrorist
                                               cists.
                                                                                                       religious expression, freedom to pro-                  group that had been allowed to go in
                                                 Of course, Mr. Speaker, we are famil-
                                                                                                       test, or other constitutionally pro-                   the White House. But she did find out
                                               iar with the fact that Homeland Secu-
                                                                                                       tected activity, including disliking the               before she went before the Senate so
                                               rity has had reports warning their em-                                                                         she could say, oh, we vetted him three
                                               ployees about the dangers of people                     U.S. Government without being vio-
                                                                                                       lent, the manual’s authors write in a                  times. Well, yeah, probably about the
                                               that may be involved in such heinous                                                                           way the FBI vetted Tamerlan and said,
                                               activity as being classified as evan-                   section on training being sensitive to
                                                                                                       constitutional values.                                 oh, there’s nothing to see. We’ll just
                                               gelical Christians, or as being con-                                                                           move on here, which left him able to
                                               cerned about the Constitution and that                    The manual, which was produced by
                                                                                                       an interagency working group from                      plot and plan to kill people, innocent
                                               people should be following the Con-                                                                            people, men, women and children in
                                               stitution, and concerned about people                   DHS and the National Counterterror-
                                                                                                       ism Center advises:                                    Boston.
                                               who may have Tea Party in their                                                                                  But it’s interesting. When you look
                                               name.                                                     Trainers who equate the desire for shari’a
                                                                                                       law with criminal activity violate basic te-
                                                                                                                                                              here, it says talking about the things
                                                 Thank goodness the IRS was not                                                                               you should not do, don’t use training
                                                                                                       nets of the First Amendment.
                                               around to help the Founders when they                                                                          with a political agenda. This is not the
                                               founded the country or otherwise they                     And that is interesting. And it goes
                                                                                                                                                              time to try to persuade audiences, for
                                               probably would have shot the Boston                     back to my point about how problem-
                                                                                                                                                              example, on views about the Israeli-
                                               Tea Party participants. They would                      atic it must have been for an FBI                      Palestinian conflict, reformation with-
                                               have killed off over half of the signers                who’ve had their lexicon purged, where                 in Islam, or the proper role of Islam in
                                               of the Declaration of Independence, and                 they can’t really talk effectively about               majority Muslim nations.
                                               this country would have never gotten                    jihad because that might offend some-                    Don’t use trainers who answer pri-
                                               started, if this Homeland Security                      one, even though it is critically impor-               marily to interest groups. For example,
                                               would have been around to be helpful,                   tant to know what someone believes                     trainers who are self-professed Muslim
                                               so called, to our Founders.                             about jihad.                                           reformers may further an interest
                                                 But in looking at the guidelines, this                  Does an individual believe, as an                    group agenda instead of delivering gen-
                                               article says:                                           Islamist, that jihad is just the internal              erally accepted, unbiased information.
                                                 The Department of Homeland Security,                  changing of one’s self into being more                   Very interesting, you know, because
                                               which under Janet Napolitano has shown a                Islamic?                                               if you can’t inquire about what people
                                               keen interest in monitoring and warning                   Or is jihad actually a violent jihad                 truly believe about jihad, about radical
                                               about outspoken conservatives, takes a very             that, as the 9/11 bombers and killer be-               Islam, about killing infidels, if you
                                               different approach in monitoring political              lieved, you kill as many innocent peo-                 really can’t get into the weeds on this
                                               Islamists, according to a 2011 memo on pro-             ple, especially Americans, especially                  thing, then how in the world do our of-
                                               tecting the free speech rights of pro-sharia            Jews, as you possibly can.                             ficers know which Muslims will be good
                                               Muslim supremacists. In a checklist ob-                   But this administration is concerned
                                               tained by The Daily Caller titled, ‘‘Coun-                                                                     to have training and which ones won’t
                                               tering Violent Extremism, Dos and Don’ts,’’
                                                                                                       that to ask about jihad may certainly                  be good to have training our own offi-
                                               the DHS Office of Civil Rights and Civil Lib-           offend someone. And it was intriguing                  cers?
                                               erties notifies local and national law en-              to inquire of our Attorney General, the                  We do know from a couple of years
                                               forcement officials that it is Obama adminis-           highest law enforcement officer in the                 ago when the administration stopped a
                                               tration policy to consider specifically Is-             country, about just what the FBI did                   seminar that was about to take place
smartinez on DSK6TPTVN1PROD with HOUSE




                                               lamic criticism of the American system of               ask of Tamerlan Tsarnaev.                              over at the CIA because there were
                                               government legitimate.                                    What did they find out that he be-                   some people who had spent their lives
                                                 I must insert parenthetically, it is so               lieved about jihad?                                    studying radical Islam and were classi-
                                               interesting that people who believe the                   What did they find out that he sup-                  fied as experts around the country, un-
                                               Constitution means exactly what it                      ported in the way of jihad?                            less perhaps you were part of the Orga-
                                               says are deemed by our Secretary                          What favorite authors did he have                    nization of Islamic Council, who actu-
                                               Napolitano and her Homeland Security                    about jihad?                                           ally    came     up   with   the    term



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                                               H2770                                             CONGRESSIONAL RECORD — HOUSE                                                            May 17, 2013
                                               ‘‘Islamaphobe’’ and pays money to                       law should be looked at by our Home-                   them to do their job, they must be able
                                               major universities to have seminars                     land Security as being a threat, and                   to have a full, total and complete dis-
                                               and courses on Islamaphobia and char-                   any plots or plans to replace our Con-                 cussion on radical Islam that incor-
                                               acterize people that way so that they                   stitution with sharia law should be                    porates political belief from or into
                                               can try to scare people away from talk-                 looked on very carefully and not be                    their religion and vice versa. And there
                                               ing about radical Islam.                                given a pat on the back or invited in to               are radical Islamists who want to de-
                                                  But it’s interesting though, I mean,                 give advice to the White House on                      stroy us; therefore, you have 9/11 of
                                               this is our own Homeland Security.                      speeches or to give advice on how to                   2001, you have 9/11 of last year, you
                                               This is the kind of stuff that led one of               train our intelligence agents or to give               have 9/11 of the year before.
                                               our intelligence agents to tell me, Con-                advice on how to train FBI and Home-                     We’ve got to wake up. There’s still
                                               gressman, we are blinding our own                       land Security agents. But this is ex-                  time, but people have been killed need-
                                               ability to see the enemy that wants to                  actly what this administration is                      lessly. And this kind of stuff, this kind
                                               kill and destroy us. We’re blinding our-                doing.                                                 of political correctness that ends up
                                               selves from our ability to see the peo-                   And when you blind our intelligence                  making it okay through some of the
                                               ple that want to destroy us.                            agencies and you blind our protectors                  other documents we’ve seen to go after
                                                  And if we’d be more realistic, there                 who are willing to lay down their lives                evangelical Christians and to fear them
                                               would be people alive in Boston that                    for us to be free, when you blind them                 and potentially persecute them, and as
                                               are not.                                                to their ability to see the enemy, then                we’ve seen from the IRS, it’s good to
                                                  When the Russian Government gives                    people get killed, and people that want-               persecute Tea Parties. People at the
                                               us a heads-up and says, this guy has be-                ed to prevent it are left with guilty                  low levels didn’t make that up. They
                                               come radicalized, that can’t be normal.                 consciences because they wonder what                   were encouraged, allowed to do the
                                               Man, this is a big deal. You’d better                   could we have done more—and it’s not                   kind of things they were, otherwise it
                                               look thoroughly into it.                                their fault. It comes from the top of                  could not have gone as long and as
                                                  This is an outreach from the Rus-                    Homeland Security and the top of the                   widely as it did. But these days are
                                               sians. Hey, I’m not sure you realize                    Justice Department. And when it                        very, very telling. Very telling.
                                               just how radical this guy’s become. It                  comes from the White House, as it did,                   Now, this is a helpful comment, note,
                                               wasn’t enough clues that he and his                     to stop the seminar at the CIA, it                     too, that not all Arabs are Muslims and
                                               family got asylum from a country that                   comes from the very top. And the mes-                  not all Muslims are Arabs. Yes, for ex-
                                               they were comfortable going back to.                    sage is clear: We don’t want to offend                 ample, there are Christian Arabs who
                                                  Wait a minute, if they got asylum,                   anyone who may be a radical Islamist                   are being persecuted in Egypt, in Iran,
                                               how in the world would any of their                     because, gee, that might be bad. It’s                  in Iraq, in Afghanistan and in places
                                               family be comfortable going back                        okay to offend evangelical Christians.                 like Libya, where we helped radicals
                                               there? Perhaps they didn’t need asy-                    Sure, they’re the only group in Amer-                  take over and people who just want to
                                               lum.                                                    ica it’s politically correct to persecute              worship God are being persecuted. It is
                                                  Well, if they didn’t need asylum, why                now.                                                   tragic what has happened and the
                                               don’t we send them back?                                  It’s okay to persecute anyone who                    blindness that has occurred.
                                                  Well, no, we wouldn’t want to do                     believes what most of humanity has for                   It’s embarrassing. It’s particularly
                                               that. Gosh, we might offend somebody                    most of mankind and particularly the                   embarrassing when I embrace family
                                               that wants to kill us. Heaven help us if                Founders, the signers of the Declara-                  members who have lost loved ones in
                                               we were to offend somebody that wants                   tion of Independence, those who rep-                   Benghazi or 9/11 of 2001. One family
                                               to kill us.                                             resented each of the States at the Con-                member told me that Secretary Clin-
                                                  Don’t use training that equates rad-                 stitutional Convention. They believed                  ton advised them—what we now know
                                               ical thought, religious expression, free-               marriage was between a man and a                       is what at that time she knew very
                                               dom to protest, or other constitu-                      woman. However, today, according to                    clearly, Benghazi was not about a
                                               tionally protected activity with crimi-                 this administration, anyone who be-                    video. She advised them, hey, we’re
                                               nal activity. One can have radical                      lieves in that same type of traditional                going to get the guy that made that
                                               thoughts, ideas, including disliking the                marriage is to be hated, vilified, de-                 video, as if that was going to give them
                                               U.S. Government, without being vio-                     spised, persecuted and to be watched                   some comfort. They weren’t out to kill
                                               lent. For example, trainers who equate                  out for by our Homeland Security be-                   someone. They weren’t out to get
                                               the desire for shari’a law with criminal                cause they’re a threat, because they                   somebody. But they do want justice.
                                               activity violate basic tenets of the                    want the freedom to believe in tradi-                  And it turned out, the Secretary knew
                                               First Amendment.                                        tional marriage that was taught in the                 at the time she said that that it wasn’t
                                                  Well, I would submit to whoever put                  Bible, the kind of marriage that Jesus                 about a video. It was part of confusing
                                               together this chart, those who want to                  himself attended and performed, his                    or attempting to confuse the issues and
                                               do away with our Constitution and, in-                  first recorded miracle. Yet those of us                the mistakes that were made by this
                                               stead, impose shari’a law on all Ameri-                 who believe in that are to be vilified.                administration.
                                               cans, are acting with treasonous intent                   It’s also amazing to me—I’m not                        So it was worth noting, though, when
                                               because you can’t want to replace our                   pushing my beliefs on anyone else, but                 we look at the IRS and the problems
                                               Constitution with shari’a law and still                 it’s part of who I am as a Christian—                  there, this article today by Labor
                                               be wanting the America where every-                     there are people whose lifestyles I be-                Union Report Diary, May 16, yesterday,
                                               one has freedom to worship as they                      lieve hurt them, hurt our society and                  and it says:
                                               wish.                                                   degenerate our society. But I would                      Meet the partisan union behind the par-
                                                                                                       give my life for them. As a Christian, I               tisan Internal Revenue Service.
                                                                b 1530                                 love them. I have no problem embrac-                     Where do the anti-sequester, Federal Gov-
                                                 What you are wanting is the kind of                   ing them. I find it interesting that peo-              ernment workers-turned-protesters work?
                                               situation that you now find in Afghani-                 ple who have come to hate me, and                      They work at the Internal Revenue Service—
                                               stan, where the last public Christian                   Christians like me, they can’t under-                  and they are unionized.
                                               church had to close, or in Egypt as the                 stand how you can disagree with a life-                  And the article points out that:
                                               Muslim Brotherhood has taken over                       style or disagree so profoundly with a                   As the scandal involving the IRS’ tar-
                                               and Coptic Christians have been per-                    political belief and yet love them                     geting of conservatives and Tea Party groups
                                               secuted mercilessly, or in Iraq where                   through and through as an individual. I                consumes the news cycle for the moment and
smartinez on DSK6TPTVN1PROD with HOUSE




                                               you have radical Islamists in charge                    hope and pray some day they’ll under-                  Barack Obama, who, so far, has claimed ig-
                                               who find it is a crime to believe that                                                                         norance of the targeting, has thrown a sac-
                                                                                                       stand.
                                                                                                                                                              rificial lamb out to appease journalists, that
                                               Jesus is a savior, a crime worthy of                      But in the meantime, it is important
                                                                                                                                                              IRS agents targeted certain small-govern-
                                               going to prison. They believe sharia                    if we’re going to allow the people in                  ment, anti-tax groups should really not come
                                               law is the law of the land in those                     our Federal Government who have                        as a surprise.
                                               countries. So anybody that wants to                     sworn their lives to protecting all                      Beginning in 2009, Democrats and unions,
                                               replace our Constitution with sharia                    Americans, if we’re going to allow                     including government unions, have spent the




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                                               May 17, 2013                                      CONGRESSIONAL RECORD — HOUSE                                                                    H2771
                                               last several years demonizing Tea Party                 ment, less intrusive government, and                      Mr. LEWIS of Georgia (at the request
                                               groups as well as other small government                government that is truly of, by, and for                of Ms. PELOSI) for today.
                                               groups.                                                 the people.
                                                  On Thursday, despite the escalating scan-                                                                                      f
                                                                                                         With that, Mr. Speaker, I yield to the
                                               dal, Barack Obama told reporters he did not                                                                                 ADJOURNMENT
                                               see the need for a special prosecutor, saying
                                                                                                       gentleman from Florida (Mr. YOHO).
                                               ‘‘probes by Congress and the Justice Depart-                             IMMIGRATION REFORM                       Mr. YOHO. Mr. Speaker, I move that
                                               ment should be able to figure out who was                 Mr. YOHO. Mr. Speaker, I’d like to                    the House do now adjourn.
                                               responsible for improperly targeting Tea                thank the gentleman from Texas for                        The motion was agreed to; accord-
                                               Party groups when they applied for tax-ex-              yielding.                                               ingly (at 3 o’clock and 46 minutes
                                               empt status.’’                                            I’d like to address the floor on why                  p.m.), under its previous order, the
                                                                     b 1540                            we need immigration reform.                             House adjourned until Monday, May 20,
                                                                                                         Washington has failed to lead on this                 2013, at noon for morning-hour debate.
                                                 While that may appease reporters from                 issue for the last 30 years, and it has
                                               CNN and the mainstream media for the mo-                                                                                          f
                                                                                                       weakened American security and
                                               ment, one must wonder why there shouldn’t                                                                       OATH FOR ACCESS TO CLASSIFIED
                                               be a special prosecutor to look into the
                                                                                                       stressed our economy.
                                                                                                         America deserves better. It’s our                                 INFORMATION
                                               wrongdoings of an agency with such vast
                                               powers over the American populace. Unless,              duty and it’s our responsibility to ad-                   Under clause 13 of rule XXIII, the fol-
                                               of course, there is a smoking gun that people           dress this issue for the health, for the                lowing Members executed the oath for
                                               within the administration don’t want discov-            strength, and for the security of our                   access to classified information:
                                               ered.                                                   Nation.                                                   Robert B. Aderholt, Rodney Alexander,
                                                 In December 2009, during the first term of              As the immigration debates come                       Justin Amash, Mark E. Amodei, Robert E.
                                               his Presidency, in an effort to make the Fed-           forward, our goals should not focus on                  Andrews, Michele Bachmann, Spencer Bach-
                                               eral Government more ‘‘union friendly,’’                what is best for this group or what is                  us, Ron Barber, Lou Barletta, Garland
                                               President Obama issued Executive Order                  best for that group, or cater to this in-               ‘‘Andy’’ Barr, John Barrow, Joe Barton,
                                               13522.                                                                                                          Karen Bass, Joyce Beatty, Xavier Becerra,
                                                                                                       dustry or cater to that industry. If we
                                                 In short, as noted in 2011, Executive Order                                                                   Dan Benishek, Kerry L. Bentivolio, Ami
                                               13522 establishes ‘‘labor-management fo-                do that, we lose sight and we miss the
                                                                                                       mark on what really the focus should                    Bera, Gus M. Bilirakis, Rob Bishop, Sanford
                                               rums’’ between union bosses (who may or                                                                         D. Bishop, Jr., Timothy H. Bishop, Diane
                                               may not be Federal employees) and Federal               be on, and that is, what’s best for                     Black, Marsha Blackburn, Earl Blumenauer,
                                               agency management.                                      America. If we focus on what is best for                John A. Boehner, Suzanne Bonamici, Jo Bon-
                                                 As part of the directives under Executive             America and do what is best for Amer-                   ner, Madeleine Z. Bordallo, Charles W. Bou-
                                               Order 13522, agency heads are to engage                 ica, then America wins. And if America                  stany, Jr., Kevin Brady, Robert A. Brady,
                                               union bosses in ‘‘pre-decisional discussions’’          wins, we all win, regardless of where                   Bruce L. Braley, Jim Bridenstine, Mo
                                               before decisions are made—and those discus-             you come from.                                          Brooks, Susan W. Brooks, Paul C. Broun,
                                               sions are to be secret and outside the pur-               The real issue is to preserve the op-                 Corrine Brown, Julia Brownley, Vern
                                               view of the Freedom of Information Act.                                                                         Buchanan, Larry Bucshon, Michael C. Bur-
                                                 Pre-decisional discussions, by their nature,
                                                                                                       portunity that if we nurture it and put
                                                                                                       forth that effort, it will grow into the                gess, Cherie Bustos, G. K. Butterfield, Ken
                                               should be conducted confidentially among                                                                        Calvert, Dave Camp, John Campbell, Eric
                                               the parties to the discussions. This confiden-          American Dream. Isn’t the American
                                                                                                                                                               Cantor, Shelley Moore Capito, Lois Capps,
                                               tiality is an essential ingredient in building          Dream what this is all about? The                                                    ´
                                                                                                                                                               Michael E. Capuano, Tony Cardenas, John C.
                                               the environment of mutual trust and respect             American Dream defines who we are as                                      ´
                                                                                                                                                               Carney, Jr., Andre Carson, John R. Carter,
                                               necessary for the honest exchange of views              Americans. It is the very essence of                    Matt Cartwright, Bill Cassidy, Kathy Castor,
                                               and collaboration.                                      what it means to be an American. It                     Joaquin Castro, Steve Chabot, Jason
                                                 That was the position of the adminis-                 says that no matter where you come                      Chaffetz, Donna M. Christensen, Judy Chu,
                                               tration.                                                from or what your background is, if                     David N. Cicilline, Yvette D. Clarke, Wm.
                                                 Coincidentally, among the agencies cov-               you’re willing to work within the con-                  Lacy Clay, Emanuel Cleaver, James E. Cly-
                                                                                                                                                               burn, Howard Coble, Mike Coffman, Steve
                                               ered by Executive Order 13522 is the Internal           fines of the law and do that four-letter
                                               Revenue Service, which is part of the De-                                                                       Cohen, Tom Cole, Chris Collins, Doug Col-
                                                                                                       word called ‘‘work,’’ you can achieve                   lins, K. Michael Conaway, Gerald E. Con-
                                               partment of the Treasury, and whose agency              the American Dream.
                                               employees are represented by the National                                                                       nolly, John Conyers, Jr., Paul Cook, Jim
                                                                                                         The very issue that we’re struggling                  Cooper, Jim Costa, Tom Cotton, Joe Court-
                                               Treasury Employees Union.
                                                                                                       with is the preservation of the Amer-                   ney, Kevin Camer, Eric A. ‘‘Rick’’ Crawford,
                                                 The fact that, under Executive Order 13522,
                                               Federal agencies are being co-managed by                ican Dream and the opportunity in this                  Ander Crenshaw, Joseph Crowley, Henry
                                               union bosses and it appears that the per-               country. If we lose that, we lose what                  Cuellar, John Abney Culberson, Elijah E.
                                               petrators of the IRS scandal are likely to be           America stands for. And that’s what                     Cummings, Steve Daines, Danny K. Davis,
                                               members of the IRS union makes one wonder               sets America apart from all other                       Rodney Davis, Susan A. Davis, Peter A.
                                               how coordinated the attacks were—espe-                                                                          DeFazio, Diana DeGette, John K. Delaney,
                                                                                                       countries, it’s the ability to achieve                  Rosa L. DeLauro, Suzan K. DelBene, Jeff
                                               cially as four of the alleged perpetrators are          the American Dream.
                                               claiming their bosses made them do it.                                                                          Denham, Charles W. Dent, Ron DeSantis,
                                                                                                         As we move forward, let’s keep in                     Scott DesJarlais, Theodore E. Deutch, Mario
                                                 More importantly, if their bosses made                mind that if we do what’s right for
                                               them engage in potentially illegal activities,                                                                  Diaz-Balart, John D. Dingell, Lloyd Doggett,
                                               why didn’t they go to their union to file a
                                                                                                       America, we will remain that shining                    Michael F. Doyle, Tammy Duckworth, Sean
                                               grievance?                                              city on the hill that Ronald Reagan                     P. Duffy, Jeff Duncan, John J. Duncan, Jr.,
                                                                                                       talked so eloquently about, that bea-                   Donna F. Edwards, Keith Ellison, Renee L.
                                                 Well, apparently, under the Presi-                                                                            Ellmers, Jo Ann Emerson*, Eliot L. Engel,
                                                                                                       con of hope of what free men and
                                               dent’s Executive Order 13522, the union                                                                         William L. Enyart, Anna G. Eshoo, Elizabeth
                                                                                                       women can accomplish in a society
                                               bosses and the agency heads are                                                                                 H. Esty, Eni F.H. Faleomavaega, Blake
                                                                                                       that protects our God-given rights with                 Farenthold, Sam Farr, Chaka Fattah, Ste-
                                               complicit in making these decisions,
                                                                                                       a Constitution that protects that. If we                phen Lee Fincher, Michael G. Fitzpatrick,
                                               and making them secretly and pri-
                                                                                                       do that, we can guarantee that Amer-                    Charles J. ‘‘Chuck’’ Fleischmann, John
                                               vately while part of the most trans-
                                                                                                       ica will stay strong.                                   Fleming, Bill Flores, J. Randy Forbes, Jeff
                                               parent administration in history—we                       Mr. Speaker, I yield back the balance                 Fortenberry, Bill Foster, Virginia Foxx, Lois
                                               were told it was going to be. The union                 of my time.                                             Frankel, Trent Franks, Rodney P. Freling-
                                               bosses and the agency heads making                                                                              huysen, Marcia L. Fudge, Tulsi Gabbard,
                                                                                                                          f
                                               decisions secretly beyond anything                                                                              Pete P. Gallego, John Garamendi, Joe Gar-
                                               that anybody in America can get with                            LEAVE OF ABSENCE                                cia, Cory Gardner, Scott Garrett, Jim Ger-
                                               a Freedom of Information Act request                      By unanimous consent, leave of ab-                    lach, Bob Gibbs, Christopher P. Gibson, Phil
smartinez on DSK6TPTVN1PROD with HOUSE




                                               is just outrageous.                                                                                             Gingrey, Louie Gohmert, Bob Goodlatte,
                                                                                                       sence was granted to:
                                                 We need the transparency. And espe-                                                                           Paul A. Gosar, Trey Gowdy, Kay Granger,
                                                                                                         Mr. CUMMINGS (at the request of Ms.
                                                                                                                                                               Sam Graves, Tom Graves, Alan Grayson, Al
                                               cially now that we know the most pow-                   PELOSI) for today on account of district                Green, Gene Green, Tim Griffin, H. Morgan
                                               erful, the most feared agency in Amer-                  work.                                                                ´
                                                                                                                                                               Griffith, Raul M. Grijalva, Michael G.
                                               ica—the IRS—is being co-managed by                        Mrs. KIRKPATRICK (at the request of                   Grimm, Brett Guthrie, Luis V. Gutierrez,
                                               union bosses, it’s time to clean house.                 Ms. PELOSI) for today on account of                     Janice Hahn, Ralph M. Hall, Colleen W.
                                               It’s time to get back to smaller govern-                daughter’s college graduation.                          Hanabusa, Richard L. Hanna, Gregg Harper,




                                         VerDate Mar 15 2010   05:12 May 18, 2013   Jkt 029060   PO 00000   Frm 00051    Fmt 0636   Sfmt 0634   E:\CR\FM\K17MY7.080   H17MYPT1
                                               H2772                                             CONGRESSIONAL RECORD — HOUSE                                                            May 17, 2013
                                               Andy Harris, Vicky Hartzler, Alcee L. Has-              Speier, Chris Stewart, Steve Stivers, Steve            ting the Department’s final rule — Draw-
                                               tings, Doc Hastings, Denny Heck, Joseph J.              Stockman, Marlin A. Stutzman, Eric                     bridge Operation Regulations; North Caro-
                                               Heck, Jeb Hensarling, Jaime Herrera                     Swalwell, Mark Takano, Lee Terry, Bennie               lina Cut, Atlantic Intracoastal Waterway
                                               Beutler, Brian Higgins, James A. Himes,                 G. Thompson, Glenn Thompson, Mike                      (AIWW), Wrightsville Beach, NC [Docket
                                                    ´
                                               Ruben Hinojosa, George Holding, Rush Holt,              Thompson, Mac Thornberry, Patrick J.                   No.: USCG-2013-0197] (RIN: 1625-AA09) re-
                                               Michael M. Honda, Steven A. Horsford,                   Tiberi, John F. Tierney, Scott R. Tipton,              ceived May 1, 2013, pursuant to 5 U.S.C.
                                               Steny H. Hoyer, Richard Hudson, Tim                     Dina Titus, Paul Tonko, Niki Tsongas, Mi-              801(a)(1)(A); to the Committee on Transpor-
                                               Huelskamp, Jared Huffman, Bill Huizenga,                chael R. Turner, Fred Upton, David G.                  tation and Infrastructure.
                                               Randy Hultgren, Duncan Hunter, Robert                   Valadao, Chris Van Hollen, Juan Vargas,
                                               Hurt, Steve Israel, Darrell E. Issa, Sheila             Marc A. Veasey, Filemon Vela, Nydia M.                   1526. A letter from the Attorney-Advisor,
                                               Jackson Lee, Hakeem S. Jeffries, Lynn Jen-                  ´
                                                                                                       Velazquez, Peter J. Visclosky, Ann Wagner,             Department of Homeland Security, transmit-
                                               kins, Bill Johnson, Eddie Bernice Johnson,              Tim Walberg, Greg Walden, Jackie Walorski,             ting the Department’s final rule — Safety
                                               Henry C. ‘‘Hank’’ Johnson, Jr., Sam John-               Timothy J. Walz, Debbie Wasserman                      Zones; Annual Fireworks Events in the Cap-
                                               son, Walter B. Jones, Jim Jordan, David P.              Schultz, Maxine Waters, Melvin L. Watt,                tain of the Port Buffalo Zone [Docket No.:
                                               Joyce, Marcy Kaptur, William R. Keating,                Henry A. Waxman, Randy K. Weber, Sr.,                  USCG-2012-1084] (RIN: 1625-AA00) received
                                               Mike Kelly, Robin L. Kelly, Joseph P. Ken-              Daniel Webster, Peter Welch, Brad R.                   May 1, 2013, pursuant to 5 U.S.C. 801(a)(1)(A);
                                               nedy, III, Daniel T. Kildee, Derek Kilmer,              Wenstrup, Lynn A. Westmoreland, Ed Whit-               to the Committee on Transportation and In-
                                               Ron Kind, Peter T. King, Steve King, Jack               field, Roger Williams, Frederica S. Wilson,            frastructure.
                                               Kingston, Adam Kinzinger, Ann Kirkpatrick,              Joe Wilson, Robert J. Wittman, Frank R.                  1527. A letter from the Attorney-Advisor,
                                                                                   ´
                                               John Kline, Ann M. Kuster, Raul R. Lab-                 Wolf, Steve Womack, Rob Woodall, John A.               Department of Homeland Security, transmit-
                                               rador, Doug LaMalfa, Doug Lamborn, Leon-                Yarmuth, Kevin Yoder, Ted S. Yoho, C.W.                ting the Department’s final rule — Special
                                               ard Lance, James R. Langevin, James                     Bill Young, Don Young, Todd C. Young                   Local Regulation; Tuscaloosa Dragon Boat
                                               Lankford, Rick Larsen, John B. Larson, Tom
                                               Latham, Robert E. Latta, Barbara Lee,                                  f                                       Races; Black Warrior River; Tuscaloosa, AL
                                                                                                                                                              [Docket No.: USCG-2013-0190] (RIN: 1625-
                                               Sander M. Levin, John Lewis, Daniel Lipin-                EXECUTIVE COMMUNICATIONS,                            AA08) received May 1, 2013, pursuant to 5
                                               ski, Frank A. LoBiondo, David Loebsack,                                  ETC.                                  U.S.C. 801(a)(1)(A); to the Committee on
                                               Zoe Lofgren, Billy Long, Alan S. Lowenthal,
                                                                                                         Under clause 2 of rule XIV, executive                Transportation and Infrastructure.
                                               Nita M. Lowey, Frank D. Lucas, Blaine
                                                                                ´
                                               Luetkemeyer, Ben Ray Lujan, Michelle                    communications were taken from the                       1528. A letter from the Attorney-Advisor,
                                               Lujan Grisham, Cynthia M. Lummis, Ste-                  Speaker’s table and referred as follows:               Department of Homeland Security, transmit-
                                               phen F. Lynch, Daniel B. Maffei, Carolyn B.               1519. A letter from the Attorney-Advisor,            ting the Department’s final rule — Safety
                                               Maloney, Sean Patrick Maloney, Kenny                    Department of Homeland Security, transmit-             Zone; 12th Annual Saltwater Classic; Port
                                               Marchant, Tom Marino, Edward J. Markey,                 ting the Department’s final rule — Safety              Canaveral Harbor; Port Canaveral, FL
                                               Thomas Massie, Jim Matheson, Doris O.                   Zone; Atlantic Intracoastal Waterway;                  [Docket No.: USCG-2013-0200] (RIN: 1625-
                                               Matsui, Carolyn McCarthy, Kevin McCarthy,               Wrightsville Beach, NC [Docket No.: USCG-              AA00) received May 1, 2013, pursuant to 5
                                               Michael T. McCaul, Tom McClintock, Betty                2012-1082] (RIN: 1625-AA00) received May 1,            U.S.C. 801(a)(1)(A); to the Committee on
                                               McCollum, James P. McGovern, Patrick T.                 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the        Transportation and Infrastructure.
                                               McHenry, Mike McIntyre, Howard P. ‘‘Buck’’              Committee on Transportation and Infra-
                                               McKeon, David B. McKinley, Cathy McMor-                                                                          1529. A letter from the Attorney-Advisor,
                                                                                                       structure.                                             Department of Homeland Security, transmit-
                                               ris Rodgers, Jerry McNerney, Mark Mead-                   1520. A letter from the Attorney-Advisor,
                                               ows, Patrick Meehan, Gregory W. Meeks,                                                                         ting the Department’s final rule — Safety
                                                                                                       Department of Homeland Security, transmit-
                                               Grace Meng, Luke Messer, John L. Mica, Mi-                                                                     Zone; XA The Experimental Agency Fire-
                                                                                                       ting the Department’s final rule — Special
                                               chael H. Michaud, Candice S. Miller, Gary G.                                                                   works, Pier 34, East River, NY [Docket No.:
                                                                                                       Local Regulations; West Palm Beach
                                               Miller, George Miller, Jeff Miller, Gwen                                                                       USCG-2013-0208] (RIN: 1625-AA00) received
                                                                                                       Triathlon Championship, Intracoastal Wa-
                                               Moore, James P. Moran, Markwayne Mullin,                                                                       May 1, 2013, pursuant to 5 U.S.C. 801(a)(1)(A);
                                                                                                       terway; West Palm Beach, FL [Docket No.:
                                               Mick Mulvaney, Patrick Murphy, Tim Mur-                                                                        to the Committee on Transportation and In-
                                                                                                       USCG-2012-0552] (RIN: 1625-AA08) received
                                               phy, Jerrold Nadler, Grace F. Napolitano,                                                                      frastructure.
                                                                                                       May 1, 2013, pursuant to 5 U.S.C. 801(a)(1)(A);
                                               Richard E. Neal, Gloria Negrete McLeod,                 to the Committee on Transportation and In-               1530. A letter from the Attorney-Advisor,
                                               Randy Neugebauer, Kristi L. Noem, Richard               frastructure.                                          Department of Homeland Security, transmit-
                                               M. Nolan, Eleanor Holmes Norton, Richard                  1521. A letter from the Attorney-Advisor,            ting the Department’s final rule — Safety
                                               B. Nugent, Devin Nunes, Alan Nunnelee,                  Department of Homeland Security, transmit-             Zone; Fireworks Displays in Captain of the
                                               Pete Olson, Beto O’Rourke, William L.                   ting the Department’s final rule — Safety              Port Long Island Sound Zone [Docket No.:
                                               Owens, Steven M. Palazzo, Frank Pallone,                Zone; Corp. Event Finale UHC, St. Thomas               USCG-2013-0227] (RIN: 1625-AA00) received
                                               Jr., Bill Pascrell, Jr., Ed Pastor, Erik Paul-          Harbor; St. Thomas, U.S.V.I. [Docket No.:              May 1, 2013, pursuant to 5 U.S.C. 801(a)(1)(A);
                                               sen, Donald M. Payne, Jr., Stevan Pearce,               USCG-2013-0086] (RIN: 1625-AA00) received              to the Committee on Transportation and In-
                                               Nancy Pelosi, Ed Perlmutter, Scott Perry,               May 1, 2013, pursuant to 5 U.S.C. 801(a)(1)(A);        frastructure.
                                               Gary C. Peters, Scott H. Peters, Collin C.              to the Committee on Transportation and In-
                                               Peterson, Thomas E. Petri, Pedro R.                                                                              1531. A letter from the Paralegal Spe-
                                                                                                       frastructure.
                                               Pierluisi, Chellie Pingree, Robert Pittenger,             1522. A letter from the Attorney-Advisor,            cialist, Department of Transportation, trans-
                                               Joseph R. Pitts, Mark Pocan, Ted Poe, Jared             Department of Homeland Security, transmit-             mitting the Department’s final rule — Air-
                                               Polis, Mike Pompeo, Bill Posey, David E.                ting the Department’s final rule — Safety              worthiness Directives; Eurocopter Deutsch-
                                               Price, Tom Price, Mike Quigley, Trey Radel,             Zone; Blue Water Resort & Casino West                  land GmbH Helicopters [Docket No.: FAA-
                                               Nick J. Rahall II, Charles B. Rangel, Tom               Coast Nationals; Parker, AZ [Docket No.:               2012-0773; Directorate Identifier 2009-SW-71-
                                               Reed, David G. Reichert, James B. Renacci,              USCG-2013-0095] (RIN: 1625-AA00) received              AD; Amendment 39-17352; AD 2013-03-18] (RIN:
                                               Reid J. Ribble, Tom Rice, Cedric L. Rich-               May 1, 2013, pursuant to 5 U.S.C. 801(a)(1)(A);        2120-AA64) received May 5, 2013, pursuant to
                                               mond, E. Scott Rigell, Martha Roby, David               to the Committee on Transportation and In-             5 U.S.C. 801(a)(1)(A); to the Committee on
                                               P. Roe, Harold Rogers, Mike Rogers, Mike                frastructure.                                          Transportation and Infrastructure.
                                               Rogers, Dana Rohrabacher, Todd Rokita,                    1523. A letter from the Attonery-Advisor,              1532. A letter from the Paralegal Spe-
                                               Thomas J. Rooney, Peter J. Roskam, Ileana               Department of Homeland Security, transmit-             cialist, Department of Transportation, trans-
                                               Ros-Lehtinen, Dennis A. Ross, Keith J.                  ting the Department’s final rule — Safety              mitting the Department’s final rule — Air-
                                               Rothfus, Lucille Roybal-Allard, Edward R.               Zone; V.I. Carnival Finale, St. Thomas Har-            worthiness Directives; Diamond Aircraft In-
                                               Royce, Raul Ruiz, Jon Runyan, C. A. Dutch               bor; St. Thomas, U.S.V.I. [Docket No.:                 dustries Airplanes [Docket No.: FAA-2013-
                                               Ruppersberger, Bobby L. Rush, Paul Ryan,                USCG-2013-0085] (RIN: 1625-AA00) received              0348; Directorate Identifier 2013-CE-005-AD;
                                               Mark Sanford, Tim Ryan, Gregorio Kilili                 May 1, 2012, pursuant to 5 U.S.C. 801(a)(1)(A);        Amendment 39-17439; AD 2013-08-21] (RIN:
                                               Camacho Sablan, Matt Salmon, Linda T.                   to the Committee on Transportation and In-             2120-AA64) received May 6, 2013, pursuant to
                                                 ´
                                               Sanchez, Loretta Sanchez, John P. Sarbanes,             frastructure.                                          5 U.S.C. 801(a)(1)(A); to the Committee on
                                               Steve Scalise, Janice D. Schakowsky, Adam                 1524. A letter from the Attorney-Advisor,            Transportation and Infrastructure.
                                               B. Schiff, Bradley S. Schneider, Aaron                  Department of Homeland Security, transmit-
                                               Schock, Kurt Schrader, Allyson Y. Schwartz,             ting the Department’s final rule — Special               1533. A letter from the Paralegal Spe-
                                               David Schweikert, Austin Scott, David                   Local Regulations; Moss Point Rockin’ the              cialist, Department of Transportation, trans-
smartinez on DSK6TPTVN1PROD with HOUSE




                                               Scott, Robert C. ‘‘Bobby’’ Scott, F. James              Riverfront Festival; Robertson Lake &                  mitting the Department’s final rule — Air-
                                                                          ´
                                               Sensenbrenner, Jr., Jose E. Serrano, Pete               O’Leary Lake; Moss Point, MS [Docket No.:              worthiness Directives; Cessna Aircraft Com-
                                               Sessions, Terri A. Sewell, Carol Shea-Porter,           USCG-2013-0015] (RIN: 1625-AA08) received              pany Airplanes [Docket No.: FAA-2004-18033;
                                               Brad Sherman, John Shimkus, Bill Shuster,               May 1, 2013, pursuant to 5 U.S.C. 801(a)(1)(A);        Directorate Identifier 2004-CE-16-AD; Amend-
                                               Michael K. Simpson, Kyrsten Sinema, Albio               to the Committee on Transportation and In-             ment 39-17400; AD 2004-21-08 R1] (RIN: 2120-
                                               Sires, Louise McIntosh Slaughter, Adam                  frastructure.                                          AA64) received May 6, 2013, pursuant to 5
                                               Smith, Adrian Smith, Christopher H. Smith,                1525. A letter from the Attorney-Advisor,            U.S.C. 801(a)(1)(A); to the Committee on
                                               Lamar Smith, Steve Southerland II, Jackie               Department of Homeland Security, transmit-             Transportation and Infrastructure.




                                         VerDate Mar 15 2010   05:12 May 18, 2013   Jkt 029060   PO 00000   Frm 00052   Fmt 0636   Sfmt 0634   E:\CR\FM\A17MY7.041   H17MYPT1
                                               May 17, 2013                                      CONGRESSIONAL RECORD — HOUSE                                                                     H2773
                                                  REPORTS OF COMMITTEES ON                             ferred to the Committee of the Whole House               Mr. HASTINGS of Washington: Committee
                                                PUBLIC BILLS AND RESOLUTIONS                           on the state of the Union.                             on Natural Resources. H.R. 251. A bill to di-
                                                                                                         Mr. HASTINGS of Washington: Committee                rect the Secretary of the Interior to convey
                                                 Under clause 2 of rule XIII, reports of               on Natural Resources. H.R. 1156. A bill to au-         certain Federal features of the electric dis-
                                               committees were delivered to the Clerk                  thorize the Secretary of the Interior to ad-           tribution system to the South Utah Valley
                                               for printing and reference to the proper                just the boundary of the Stephen Mather                Electric Service District, and for other pur-
                                               calendar, as follows:                                   Wilderness and the North Cascades National             poses (Rept. 113–78). Referred to the Com-
                                                 Mr. UPTON: Committee on Energy and                    Park in order to allow the rebuilding of a             mittee of the Whole House on the state of
                                               Commerce. H.R. 3. A bill to approve the con-            road outside of the floodplain while ensuring          the Union.
                                               struction, operation, and maintenance of the            that there is no net loss of acreage to the              Mr. HASTINGS of Washington: Committee
                                               Keystone XL pipeline, and for other purposes            Park or the Wilderness, and for other pur-             on Natural Resources. H.R. 330. A bill to des-
                                               (Rept. 113–61 Pt. 1). Ordered to be printed.            poses (Rept. 113–69). Referred to the Com-             ignate a Distinguished Flying Cross National
                                                 Mr. HASTINGS of Washington: Committee                 mittee of the Whole House on the state of              Memorial at the March Field Air Museum in
                                               on Natural Resources. H.R. 3. A bill to ap-             the Union.                                             Riverside, California (Rept. 113–79). Referred
                                                                                                         Mr. HASTINGS of Washington: Committee                to the House Calendar.
                                               prove the construction, operation, and main-
                                                                                                       on Natural Resources. H.R. 885. A bill to ex-            Mr. HASTINGS of Washington: Committee
                                               tenance of the Keystone XL pipeline, and for
                                                                                                       pand the boundary of San Antonio Missions              on Natural Resources. H.R. 462. A bill to re-
                                               other purposes (Rept. 113–61 Pt. 2). Referred
                                                                                                       National Historical Park, to conduct a study           quire the conveyance of certain public land
                                               to the Committee of the Whole House on the
                                                                                                       of potential land acquisitions, and for other          within the boundaries of Camp Williams,
                                               state of the Union.
                                                                                                       purposes; with amendments (Rept. 113–70).              Utah, to support the training and readiness
                                                 Mr. SHUSTER: Committee on Transpor-
                                                                                                       Referred to the Committee of the Whole                 of the Utah National Guard (Rept. 113–80).
                                               tation and Infrastructure. H.R. 3. A bill to
                                                                                                       House on the state of the Union.                       Referred to the Committee of the Whole
                                               approve the construction, operation, and                  Mr. HASTINGS of Washington: Committee
                                               maintenace of the Keystone XL pipeline, and                                                                    House on the state of the Union.
                                                                                                       on Natural Resources. H.R. 934. A bill to                Mr. HASTINGS of Washington: Committee
                                               for other purposes (Rept. 113–61 Pt. 3). Re-            amend the Wild and Scenic Rivers Act re-
                                               ferred to the Committee of the Whole House                                                                     on Natural Resources. H.R. 520. A bill to au-
                                                                                                       lated to a segment of the Lower Merced                 thorize the Secretary of the Interior to con-
                                               on the state of the Union.                              River in California, and for other purposes
                                                 Mr. MILLER of Florida: Committee on                                                                          duct a study of alternatives for commemo-
                                                                                                       (Rept. 113–71). Referred to the Committee of           rating and interpreting the role of the Buf-
                                               Veterans’ Affairs. H.R. 570. A bill to amend            the Whole House on the state of the Union.
                                               title 38, United States Code, to provide for                                                                   falo Soldiers in the early years of the Na-
                                                                                                         Mr. HASTINGS of Washington: Committee                tional Parks, and for other purposes (Rept.
                                               annual cost-of-living adjustments to be made            on Natural Resources. H.R. 674. A bill to au-
                                               automatically by law each year in the rates                                                                    113–81). Referred to the Committee of the
                                                                                                       thorize the Secretary of the Interior to study         Whole House on the state of the Union.
                                               of disability compensation for veterans with            the suitability and feasibility of designating
                                               service-connected disabilities and the rates            prehistoric, historic, and limestone forest                              f
                                               of dependency and indemnity compensation                sites on Rota, Commonwealth of the North-
                                               for survivors of certain service-connected                                                                      PUBLIC BILLS AND RESOLUTIONS
                                                                                                       ern Mariana Islands, as a unit of the Na-
                                               disabled veterans (Rept. 113–62). Referred to           tional Park System (Rept. 113–72). Referred              Under clause 2 of rule XII, public
                                               the Committee of the Whole House on the                 to the Committee of the Whole House on the             bills and resolutions of the following
                                               state of the Union.                                     state of the Union.
                                                 Mr. MILLER of Florida: Committee on                                                                          titles were introduced and severally re-
                                                                                                         Mr. HASTINGS of Washington: Committee                ferred, as follows:
                                               Veterans’ Affairs. H.R. 671. A bill to amend            on Natural Resources. H.R. 723. A bill to
                                               title 38, United States Code, to improve the            amend the Wild and Scenic Rivers Act to                      By Mr. GUTHRIE (for himself, Mr.
                                               disability compensation evaluation proce-               designate a segment of the Beaver, Chipuxet,                   LOEBSACK, and Ms. JENKINS):
                                               dure of the Secretary of Veterans Affairs for           Queen, Wood, and Pawcatuck Rivers in the                 H.R. 2041. A bill to modify the definition of
                                               veterans with mental health conditions re-              States of Connecticut and Rhode Island for             fiduciary under the Employee Retirement
                                               lated to military sexual trauma, and for                study for potential addition to the National           Income Security Act of 1974 to exclude ap-
                                               other purposes; with amendments (Rept. 113–             Wild and Scenic Rivers System, and for                 praisers of employee stock ownership plans;
                                               63). Referred to the Committee of the Whole             other purposes (Rept. 113–73). Referred to the         to the Committee on Education and the
                                               House on the state of the Union.                        Committee of the Whole House on the state              Workforce.
                                                 Mr. MILLER of Florida: Committee on                   of the Union.                                                By Mr. MCKINLEY (for himself, Mr.
                                               Veterans’ Affairs. H.R. 1412. A bill to im-               Mr. HASTINGS of Washington: Committee                                        ´
                                                                                                                                                                      BEN RAY LUJAN of New Mexico, Mr.
                                               prove and increase the availability of on-job           on Natural Resources. H.R. 829. A bill to                      CARSON of Indiana, and Mr. TONKO):
                                               training and apprenticeship programs car-               amend the Wild and Scenic Rivers Act to                  H.R. 2042. A bill to amend the Internal Rev-
                                               ried out by the Secretary of Veterans Af-               designate a segment of Illabot Creek in                enue Code of 1986 to increase the rehabilita-
                                               fairs, and for other purposes; with an amend-           Skagit County, Washington, as a component              tion credit for commercial buildings and to
                                               ment (Rept. 113–64). Referred to the Com-               of the National Wild and Scenic Rivers Sys-            provide a rehabilitation credit for principal
                                               mittee of the Whole House on the state of               tem; with an amendment (Rept. 113–74). Re-             residences; to the Committee on Ways and
                                               the Union.                                              ferred to the Committee of the Whole House             Means.
                                                 Mr. HASTINGS of Washington: Committee                 on the state of the Union.                                   By Mr. CICILLINE (for himself, Ms.
                                               on Natural Resources. H.R. 993. A bill to pro-            Mr. HASTINGS of Washington: Committee                        WILSON of Florida, Mr. ENYART, Mr.
                                               vide for the conveyance of certain parcels of           on Natural Resources. H.R. 862. A bill to au-                  WELCH,       Ms.   MCCOLLUM,       Ms.
                                               National Forest System land to the city of              thorize the conveyance of two small parcels                    HANABUSA, Mr. LANGEVIN, Mr. NAD-
                                               Fruit Heights, Utah (Rept. 113–65). Referred            of land within the boundaries of the                           LER, and Mr. CONNOLLY):
                                               to the Committee of the Whole House on the              Coconino National Forest containing private              H.R. 2043. A bill to provide for the estab-
                                               state of the Union.                                     improvements that were developed based                 lishment of a Commission on the Advance-
                                                 Mr. HASTINGS of Washington: Committee                 upon the reliance of the landowners in an er-          ment of Social Enterprise; to the Committee
                                               on Natural Resources. H.R. 1208. A bill to es-          roneous survey conducted in May 1960 (Rept.            on Oversight and Government Reform.
                                               tablish the Manhattan Project National His-             113–75). Referred to the Committee of the                    By Mr. ELLISON (for himself, Mr.
                                               torical Park in Oak Ridge, Tennessee, Los               Whole House on the state of the Union.                         DEFAZIO, Mr. GRIJALVA, Ms. MCCOL-
                                               Alamos, New Mexico, and Hanford, Wash-                    Mr. HASTINGS of Washington: Committee                        LUM, Mr. MORAN, and Ms. SCHA-
                                               ington, and for other purposes (Rept. 113–66).          on Natural Resources. H.R. 876. A bill to au-                  KOWSKY):
                                               Referred to the Committee of the Whole                  thorize the continued use of certain water di-           H.R. 2044. A bill to prohibit the use, pro-
                                               House on the state of the Union.                        versions located on National Forest System             duction, sale, importation, or exportation of
                                                 Mr. HASTINGS of Washington: Committee                 land in the Frank Church-River of No Return            any pesticide containing atrazine; to the
                                               on Natural Resources. H.R. 1206. A bill to              Wilderness and the Selway-Bitterroot Wil-              Committee on Agriculture, and in addition
                                               grant the Secretary of the Interior perma-              derness in the State of Idaho, and for other           to the Committees on Energy and Com-
                                               nent authority to authorize States to issue             purposes (Rept. 113–76). Referred to the Com-          merce, Ways and Means, and Foreign Affairs,
                                               electronic duck stamps, and for other pur-              mittee of the Whole House on the state of              for a period to be subsequently determined
                                               poses (Rept. 113–67). Referred to the Com-              the Union.                                             by the Speaker, in each case for consider-
                                               mittee of the Whole House on the state of                 Mr. HASTINGS of Washington: Committee                ation of such provisions as fall within the ju-
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                                               the Union.                                              on Natural Resources. H.R. 126. A bill to di-          risdiction of the committee concerned.
                                                 Mr. HASTINGS of Washington: Committee                 rect the Secretary of the Interior to enter                  By Mr. FLEMING (for himself, Mr.
                                               on Natural Resources. H.R. 1158. A bill to di-          into an agreement to provide for manage-                       ROONEY, Mr. CHABOT, Mr. CULBERSON,
                                               rect the Secretary of the Interior to con-              ment of the free-roaming wild horses in and                    and Mr. BENISHEK):
                                               tinue stocking fish in certain lakes in the             around the Currituck National Wildlife Ref-              H.R. 2045. A bill to prohibit officers and
                                               North Cascades National Park, Ross Lake                 uge (Rept. 113–77). Referred to the Com-               employees of the Internal Revenue Service
                                               National Recreation Area, and Lake Chelan               mittee of the Whole House on the state of              from initiating any new audits for 180 days;
                                               National Recreation Area (Rept. 113–68). Re-            the Union.                                             to the Committee on Ways and Means.




                                         VerDate Mar 15 2010   03:47 May 18, 2013   Jkt 029060   PO 00000   Frm 00053   Fmt 0636   Sfmt 0634   E:\CR\FM\A17MY7.004   H17MYPT1
                                               H2774                                             CONGRESSIONAL RECORD — HOUSE                                                             May 17, 2013
                                                     By Mr. GIBBS (for himself and Mr.                 Against Homophobia and Transphobia; to                       By Mr. FLEMING:
                                                       SCHWEIKERT):                                    the Committee on Foreign Affairs, and in ad-             H.R. 2045.
                                                 H.R. 2046. A bill to protect the right of in-         dition to the Committees on Energy and                   Congress has the power to enact this legis-
                                               dividuals to bear arms at water resources de-           Commerce, and Education and the Work-                  lation pursuant to the following:
                                               velopment projects administered by the Sec-             force, for a period to be subsequently deter-            The constitutional authority of Congress
                                               retary of the Army, and for other purposes;             mined by the Speaker, in each case for con-            to enact this legislation is provided by
                                               to the Committee on Transportation and In-              sideration of such provisions as fall within           Amendment 16 of the U.S. Constitution,
                                               frastructure.                                           the jurisdiction of the committee concerned.           which grants Congress the power to lay and
                                                     By Mr. ISRAEL (for himself and Mr.                      By Mr. MEEKS (for himself, Mr. BOU-              collect taxes on incomes, from whatever
                                                       CARTWRIGHT):                                            STANY, Mr. CLEAVER, Mr. DEUTCH, Mr.            source derived, without apportionment
                                                 H.R. 2047. A bill to amend title II of the So-                ENGEL, Mr. FALEOMAVAEGA, Mr. FOR-              among the several States, and without re-
                                               cial Security Act to eliminate the five-                        TENBERRY, Mr. GRIMM, Mr. HASTINGS              gard to any census or enumeration.
                                               month waiting period in the disability insur-                   of Florida, Mrs. LOWEY, Mr. MORAN,                   By Mr. GIBBS:
                                               ance program, and for other purposes; to the                    Mr. SCHIFF, and Mr. WEBER of Texas):             H.R. 2046.
                                               Committee on Ways and Means.                              H. Res. 222. A resolution recognizing the              Congress has the power to enact this legis-
                                                     By Mr. ISRAEL:                                    long-term partnership and friendship be-               lation pursuant to the following:
                                                 H.R. 2048. A bill to amend the Internal Rev-
                                                                                                       tween the United States and the Hashemite                Article I, Section 8 of the United States
                                               enue Code of 1986 to improve the dependent
                                                                                                       Kingdom of Jordan, working together to-                Constitution and the Second Amendment
                                               care credit by repealing the phasedown of
                                                                                                       wards peace and security in the Middle East;           which states: A well regulated Militia, being
                                               the credit percentage; to the Committee on
                                                                                                       to the Committee on Foreign Affairs.                   necessary to the security of a free State, the
                                               Ways and Means.
                                                                                                             By Mr. MORAN:                                    right of the people to keep and bear Arms,
                                                     By Mr. POSEY:
                                                 H.R. 2049. A bill to ensure that all of                 H. Res. 223. A resolution expressing the             shall not be infringed.
                                               Brevard County, Florida, is treated as a                sense of the House of Representatives con-                   By Mr. ISRAEL:
                                               HUBZone, and for other purposes; to the                 cerning the ongoing conflict in Syria and the            H.R. 2047.
                                               Committee on Small Business.                            urgent need for the Syrian Opposition Coali-             Congress has the power to enact this legis-
                                                     By Mr. ROSS:                                      tion and local coordinating committees in              lation pursuant to the following:
                                                 H.R. 2050. A bill to ensure the timely                Syria to assume the responsibilities of gov-             Article I, Section 8, Clause 1 of the United
                                               issuance of regulations by Federal agencies;            ernance including the establishment of insti-          States Constitution
                                               to the Committee on Oversight and Govern-               tutions of transitional justice, and to guar-                By Mr. ISRAEL:
                                               ment Reform.                                            antee the rights of all Syria’s people, regard-          H.R. 2048.
                                                     By Mr. VEASEY (for himself, Mr. GENE              less of ethnic or religious affiliation; to the          Congress has the power to enact this legis-
                                                       GREEN of Texas, and Mr. GRIJALVA):              Committee on Foreign Affairs.                          lation pursuant to the following:
                                                 H.R. 2051. A bill to amend the Internal Rev-                By Ms. WILSON of Florida (for herself,             Article I, Section 8, Clause 1 of the United
                                               enue Code of 1986 to assist in the support of                   Ms. WATERS, Mr. CONYERS, Ms.                   States Constitution
                                               children living in poverty by allowing a re-                    CLARKE, and Ms. JACKSON LEE):                        By Mr. POSEY:
                                               fundable credit to grandparents of those chil-            H. Res. 224. A resolution expressing the               H.R. 2049.
                                               dren for the purchase household items for               sense of the House of Representatives that a             Congress has the power to enact this legis-
                                               the benefit of those children, and for other            ‘‘Haitian-American Heritage Month’’ should             lation pursuant to the following:
                                               purposes; to the Committee on Ways and                  be established in recognition of the contribu-           Article 1, Section 8, Clause 3
                                               Means.                                                  tions of the Haitian people to the history                   By Mr. ROSS:
                                                     By Mr. CROWLEY (for himself and Mr.               and culture of the United States; to the                 H.R. 2050.
                                                       KING of New York):                              Committee on Oversight and Government                    Congress has the power to enact this legis-
                                                 H.J. Res. 46. A joint resolution approving            Reform.                                                lation pursuant to the following:
                                               the renewal of import restrictions contained                            f                                        Article I, Section 8—All legislative Powers
                                               in the Burmese Freedom and Democracy Act                                                                       herein granted shall be vested in a Congress
                                               of 2003, and for other purposes; to the Com-               CONSTITUTIONAL AUTHORITY                            of the United States, which shall consist of a
                                               mittee on Ways and Means.                                             STATEMENT                                Senate and House of Representatives—To
                                                     By Ms. BORDALLO (for herself, Mr.                                                                        make all Laws which shall be necessary and
                                                       BERA        of     California,     Mrs.
                                                                                                         Pursuant to clause 7 of rule XII of
                                                                                                       the Rules of the House of Representa-                  proper for carrying into Execution the fore-
                                                       CHRISTENSEN,       Ms.     CHU,      Mr.                                                               going Powers, and all other Powers vested by
                                                       FALEOMAVAEGA, Mr. GRIJALVA, Mr.                 tives, the following statements are sub-
                                                                                                                                                              this Constitution in the Government of the
                                                       HIMES, Ms. LEE of California, Mr.               mitted regarding the specific powers                   United States, or in any Department or Offi-
                                                       LOWENTHAL, Ms. MCCOLLUM, Mr.                    granted to Congress in the Constitu-                   cer thereof.
                                                       PETERS of California, Mr. PIERLUISI,            tion to enact the accompanying bill or                       By Mr. VEASEY:
                                                       Mr. RANGEL, Mr. SABLAN, Mr. SMITH               joint resolution.                                        H.R. 2051.
                                                       of Washington, Ms. SPEIER, and Mr.                                                                       Congress has the power to enact this legis-
                                                                                                             By Mr. GUTHRIE:
                                                       TAKANO):                                                                                               lation pursuant to the following:
                                                                                                         H.R. 2041.
                                                 H. Res. 219. A resolution supporting the
                                                                                                         Congress has the power to enact this legis-            Clause 1, Section 8 of Article 1 of the
                                               goals and ideals of National Asian and Pa-
                                                                                                       lation pursuant to the following:                      United States Constitution which reads:
                                               cific Islander HIV/AIDS Awareness Day; to
                                                                                                         Article I, Section 8, Clause 3                       ‘‘The Congress shall have Power to lay and
                                               the Committee on Energy and Commerce.                     To regulate Commerce with foreign Na-                collect Taxes, Duties, Imposts, and Excises,
                                                     By Mr. HASTINGS of Florida (for him-              tions, and among the several States, and               to pay the Debts, and provide for the com-
                                                       self, Mr. LEWIS, Mr. CONNOLLY, Mr.              with the Indian Tribes;                                mon Defense and General Welfare of the
                                                       FARR, Ms. NORTON, Mr. RUSH, Mr.                       By Mr. MCKINLEY:                                 United States; but all Duties and Imposts
                                                       ELLISON, Ms. MCCOLLUM, Mr. GRI-                   H.R. 2042.                                           and Excises shall be uniform throughout the
                                                       JALVA, Mr. BLUMENAUER, and Ms.                    Congress has the power to enact this legis-          United States.’’
                                                       BORDALLO):                                      lation pursuant to the following:
                                                 H. Res. 220. A resolution expressing the                                                                           By Mr. CROWLEY:
                                                                                                         According to Article I, Section 8, Clause 3            H.J. Res. 46.
                                               sense of the House of Representatives regard-           of the Constitution: The Congress shall have
                                               ing the contributions of the Convention on                                                                       Congress has the power to enact this legis-
                                                                                                       power to enact this legislation to regulate            lation pursuant to the following:
                                               International Trade in Endangered Species               commerce with foreign nations, and among
                                               of Wild Fauna and Flora; to the Committee                                                                        Clause 3 of section 8 of article I of the Con-
                                                                                                       the several states, and with the Indian                stitution.
                                               on Foreign Affairs.                                     tribes.
                                                     By Ms. LEE of California (for herself,                  By Mr. CICILLINE:                                                  f
                                                       Mr. CICILLINE, Mr. POLIS, Mr. POCAN,              H.R. 2043.
                                                       Mr. MORAN, Mr. SEAN PATRICK MALO-                 Congress has the power to enact this legis-                 ADDITIONAL SPONSORS
                                                       NEY of New York, Mr. TAKANO, Ms.                lation pursuant to the following:                        Under clause 7 of rule XII, sponsors
                                                       HAHN, Mr. ENGEL, Mr. SCHIFF, Ms.                  Article I, section 8.
                                                       MCCOLLUM,       Mr.    PALLONE,      Mr.
                                                                                                                                                              were added to public bills and resolu-
                                                                                                             By Mr. ELLISON:                                  tions as follows:
                                                       VARGAS, Mr. SMITH of Washington,                  H.R. 2044.
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                                                       Mr. CARSON of Indiana, Mr. TONKO,                 Congress has the power to enact this legis-           H.R. 3: Mr. LANKFORD.
                                                       Ms. SCHAKOWSKY, Mr. VEASEY, Ms.                 lation pursuant to the following:                       H.R. 7: Mr. HALL, Mr. PITTENGER, Mr.
                                                       NORTON,        Ms.     KUSTER,       Mr.          Article 1, Section 8, Clause 1 of the United         DESJARLAIS, and Mr. LUETKEMEYER.
                                                       LOWENTHAL, Mrs. CHRISTENSEN, Mr.                States Constitution                                     H.R. 25: Mr. ROONEY.
                                                       HASTINGS of Florida, Mr. GUTIERREZ,               Article 1, Section 8, Clause 3 of the United          H.R. 32: Mr. KENNEDY, Ms. MCCOLLUM, and
                                                       and Mr. LARSEN of Washington):                  States Constitution                                    Mr. CRAMER.
                                                 H. Res. 221. A resolution supporting the                Article 1, Section 8, Clause 18 of the United         H.R. 241: Mr. MULLIN.
                                               goals and ideals of the International Day               States Constitution                                     H.R. 311: Mr. FORTENBERRY.




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                                               May 17, 2013                                      CONGRESSIONAL RECORD — HOUSE                                                                   H2775
                                                 H.R. 312: Mr. SWALWELL of California.                   H.R. 1288: Ms. BONAMICI, Mr. HORSFORD,                 H.R. 1896: Mr. SCHOCK.
                                                 H.R. 333: Ms. KUSTER, Mr. KENNEDY, and                and Ms. SHEA-PORTER.                                     H.R. 1907: Ms. HAHN and Mr. MARKEY.
                                               Ms. DELBENE.                                              H.R. 1313: Mr. MULLIN.                                 H.R. 1918: Mr. LUETKEMEYER and Mr.
                                                 H.R. 402: Mr. GIBBS.                                    H.R. 1339: Mr. RIBBLE.                               DOYLE.
                                                 H.R. 419: Mr. FLORES.                                   H.R. 1344: Mr. O’ROURKE.                               H.R. 1919: Mr. OLSON, Mr. LONG, and Mr.
                                                 H.R. 430: Mrs. LOWEY.                                   H.R. 1346: Mr. HASTINGS of Florida.                  LATHAM.
                                                 H.R. 474: Mr. NOLAN.                                    H.R. 1360: Mr. LATHAM.                                 H.R. 1922: Mr. FINCHER.
                                                 H.R. 503: Mr. COTTON and Mr. HARRIS.                    H.R. 1413: Mr. CARTWRIGHT and Ms. SHEA-                H.R. 1946: Mr. CICILLINE.
                                                 H.R. 519: Ms. SHEA-PORTER, Mr. DANNY K.               PORTER.                                                  H.R. 1950: Mr. MILLER of Florida, Mr. GUTH-
                                               DAVIS of Illinois, Mr. COURTNEY, and Mr.                  H.R. 1424: Mr. GARAMENDI and Mr.                     RIE, Mr. UPTON, Mr. FORBES, Mr. GRIFFITH of
                                               JEFFRIES.                                               MICHAUD.                                               Virginia, and Mr. SENSENBRENNER.
                                                 H.R. 523: Mr. BRIDENSTINE, Mr. CRAWFORD,                H.R. 1427: Mr. ROGERS of Michigan.                     H.R. 1961: Mr. COHEN.
                                               Mr. ADERHOLT, Mr. MURPHY of Florida, and                  H.R. 1428: Ms. PINGREE of Maine and Mr.                H.R. 1971: Mr. AMODEI and Mr. NUNNELEE.
                                               Mrs. WAGNER.                                            COURTNEY.
                                                                                                                                                                H.R. 1972: Mr. GARDNER.
                                                 H.R. 524: Mr. YOUNG of Alaska.                          H.R. 1441: Mr. FARENTHOLD.
                                                 H.R. 574: Mr. LATHAM.                                                                                          H.R. 1975: Mr. LEWIS, Ms. FRANKEL of Flor-
                                                                                                         H.R. 1464: Mr. CARTWRIGHT.
                                                 H.R. 594: Mr. POSEY.                                                                                         ida, Mr. SWALWELL of California, and Mr.
                                                                                                         H.R. 1466: Mr. COURTNEY and Mr. CART-
                                                 H.R. 627: Ms. DUCKWORTH.                                                                                     POLIS.
                                                                                                       WRIGHT.
                                                 H.R. 644: Mr. GERLACH.                                  H.R. 1475: Mr. BENTIVOLIO.                             H.R. 1979: Mr. CICILLINE.
                                                 H.R. 685: Mr. YOUNG of Indiana, Mr.                     H.R. 1502: Mr. YOHO.                                   H.R. 1984: Mr. STIVERS.
                                               MCCAUL, Mr. LAMALFA, and Mr. ROGERS of                    H.R. 1521: Ms. SCHWARTZ, Ms. FRANKEL of                H.R. 1985: Mr. JOHNSON of Ohio.
                                               Kentucky.                                               Florida, and Ms. LEE of California.                      H.R. 1992: Mr. LANCE, Mr. PRICE of Georgia,
                                                 H.R. 693: Mr. CARTWRIGHT and Ms. FOXX.                  H.R. 1528: Mr. RIGELL, Mr. GIBSON, Ms. JEN-          Mr. MEADOWS, and Mr. LAMBORN.
                                                 H.R. 721: Mr. MILLER of Florida.                      KINS, and Mr. MCGOVERN.                                  H.R. 1993: Mr. FRANKS of Arizona, Mrs.
                                                 H.R. 755: Mr. SAM JOHNSON of Texas, Mr.                 H.R. 1563: Mr. DENT, Mr. KELLY of Pennsyl-           BLACKBURN, Mr. CULBERSON, Mr. JONES, Mr.
                                               CARTER, Mr. MARCHANT, and Mr. WILLIAMS.                 vania, Mr. WHITFIELD, Mr. MEEHAN, Mr.                  NUNNELEE, Mr. MULLIN, Mr. LANKFORD, Mr.
                                                 H.R. 763: Mr. FLEMING, Mr. JORDAN, Mr.                HOLDING, Mr. LOEBSACK, and Mr. BONNER.                 GRIFFITH of Virginia, Mr. HURT, Mr. BROUN
                                               THOMPSON of Pennsylvania, Mr. MARINO, Mr.                 H.R. 1565: Mr. HORSFORD and Mr. RUIZ.                of Georgia, Mrs. BACHMANN, Mr. HULTGREN,
                                               YOUNG of Alaska, Mr. AMODEI, Mr. MCKEON,                  H.R. 1566: Mr. STIVERS.                              Mr. SESSIONS, Mr. KING of Iowa, Mr. HOLD-
                                               Mr. COBLE, Mr. MURPHY of Florida, and Mr.                 H.R. 1573: Mr. DUNCAN of Tennessee.                  ING, Mr. LOBIONDO, Mr. GIBSON, Mr. WILSON
                                               CHAFFETZ.                                                 H.R. 1587: Mr. PERRY.                                of South Carolina, Mr. FLEISCHMANN, Mrs.
                                                 H.R. 808: Mr. LEWIS.                                    H.R.   1588:   Mr.   O’ROURKE     and   Mr.          HARTZLER, Mr. WOMACK, Mr. POMPEO, Mr.
                                                 H.R. 820: Mr. TIERNEY.                                LOWENTHAL.                                             WITTMAN, Mr. CALVERT, Mr. COOK, Mr.
                                                 H.R. 847: Mr. SERRANO and Ms. SHEA-POR-                 H.R. 1593: Mr. MAFFEI, Mrs. BUSTOS, Mr.              REICHERT, Mr. GOHMERT, Mr. NEUGEBAUER,
                                               TER.                                                    COURTNEY, Mr. PASCRELL, Mr. RUIZ, Ms.                  Mr. PEARCE, Mr. THOMPSON of Pennsylvania,
                                                 H.R. 875: Mr. HARRIS and Mr. JONES.                   KELLY of Illinois, and Mrs. BEATTY.                    Mr. LAMBORN, Mr. RIGELL, Mr. WALBERG, Mr.
                                                 H.R. 903: Mr. ROSKAM.                                   H.R. 1616: Mr. VAN HOLLEN and Mr. TONKO.             POSEY, Mr. WEBSTER of Florida, Mr. CON-
                                                 H.R. 911: Mr. DUNCAN of Tennessee, Mr.                  H.R. 1626: Mr. HUIZENGA of Michigan.                 AWAY, Mr. GRAVES of Missouri, Mr. HARPER,
                                               VARGAS, Mr. SMITH of New Jersey, and Mr.                  H.R. 1634: Mr. MURPHY of Florida.                    Mr. MCCLINTOCK, and Mr. COBLE.
                                               PETERS of California.                                     H.R. 1640: Mr. RUIZ.                                   H.R. 2000: Ms. CLARKE, Mr. HARRIS, Mr.
                                                 H.R. 915: Mr. HANNA.                                    H.R. 1648: Ms. EDDIE BERNICE JOHNSON of              TONKO, and Ms. FRANKEL of Florida.
                                                 H.R. 924: Ms. MCCOLLUM.                               Texas.                                                   H.R. 2002: Mr. RUSH, Mr. BONNER, Mr.
                                                 H.R. 938: Mr. LEVIN, Mr. RADEL, Mr. MCIN-               H.R. 1652: Mr. YARMUTH.                              OWENS, and Mr. FRELINGHUYSEN.
                                               TYRE,   Mr. GINGREY of Georgia, Mr.                       H.R. 1666: Mr. LATHAM.                                 H.R. 2003: Ms. MCCOLLUM, Mr. GRIJALVA,
                                               HUELSKAMP, Mr. DEFAZIO, Mr. ROTHFUS, Mr.                  H.R. 1690: Mr. VALADAO, Mr. FITZPATRICK,             Ms. NORTON, Ms. BORDALLO, and Mr. HAS-
                                               REED, Mr. KLINE, Mr. SAM JOHNSON of Texas,              and Mr. HASTINGS of Florida.                           TINGS of Florida.
                                               Mr. RANGEL, Mr. MILLER of Florida, Mr.                    H.R. 1701: Mr. LATHAM and Mr. NUGENT.                  H.R. 2009: Mr. OLSON, Mr. ROHRABACHER,
                                               CLEAVER, Mr. POMPEO, Mr. ROE of Tennessee,                H.R. 1703: Mr. ROE of Tennessee.                     Mr. BUCSHON, Mr. BISHOP of Utah, Mr. COT-
                                               Mr. THOMPSON of California, and Mr. KILDEE.               H.R. 1726: Mr. GUTIERREZ.                            TON, Mr. BENTIVOLIO, Mr. BRIDENSTINE, Mr.
                                                 H.R. 942: Ms. SINEMA, Mr. MCGOVERN, Mr.                 H.R. 1745: Mr. FITZPATRICK and Mr. COHEN.            HECK     of   Nevada,    Mr.   ROONEY,    Mr.
                                               PETERSON, Mrs. BLACKBURN, Mr. COFFMAN,                    H.R. 1750: Mr. FARENTHOLD.                           HUELSKAMP, Mr. WALBERG, Mr. GOSAR, Mr.
                                               Mr. CUMMINGS, Mr. NUNNELEE, and Mr.                       H.R. 1756: Mr. ROSS, Ms. WILSON of Florida,          LANKFORD, and Mr. LUETKEMEYER.
                                               BUTTERFIELD.                                            Mr. ENYART, Mr. GIBSON, and Mr. GOHMERT.                 H.R. 2010: Mrs. BROOKS of Indiana.
                                                 H.R. 956: Mr. LOEBSACK, Mr. KLINE, Mr.                  H.R. 1759: Mr. MURPHY of Florida.                      H.R. 2014: Mr. MASSIE, Mr. DUNCAN of
                                               DOYLE, and Mr. CUMMINGS.                                  H.R. 1798: Mr. YOUNG of Florida and Mr.              South Carolina, Mr. GIBSON, Mr. HUELSKAMP,
                                                 H.R. 958: Mr. SWALWELL of California.                 VARGAS.                                                Mr. JONES, and Mr. GRIFFITH of Virginia.
                                                 H.R. 983: Mr. RICHMOND.                                 H.R. 1809: Mr. MURPHY of Florida.                      H.R. 2025: Mr. SALMON.
                                                 H.R. 1015: Mr. CARSON of Indiana, Mr.                   H.R. 1814: Mr. TONKO, Mr. BROUN of Geor-               H.R. 2026: Mr. YOUNG of Alaska and Mr.
                                               POLIS, and Mr. THOMPSON of Pennsylvania.                gia, Mr. COOPER, Mr. BRADY of Texas, Ms.               WESTMORELAND.
                                                 H.R. 1077: Ms. JENKINS, Mr. GENE GREEN of             TITUS, and Mr. COOK.                                     H.R. 2030: Ms. MOORE and Mr. CONYERS.
                                               Texas, Mr. PAULSEN, Mr. BISHOP of Georgia,                H.R. 1823: Mr. HORSFORD, Mr. MATHESON,
                                                                                                                                                                H.R. 2036: Ms. MOORE, Mr. POCAN, and Mr.
                                               Mr. JOHNSON of Ohio, Mr. MARCHANT, Mr.                  and Mr. GRIJALVA.
                                                                                                                                                              DOGGETT.
                                               FITZPATRICK, Mr. MATHESON, Mr. SENSEN-                    H.R. 1825: Mr. FARENTHOLD and Mr.
                                                                                                                                                                H.J. Res. 44: Mr. CARTWRIGHT.
                                               BRENNER, and Mr. COFFMAN.                               NUGENT.
                                                                                                                                                                H. Con. Res. 3: Mr. MCCLINTOCK.
                                                 H.R. 1079: Mr. DEFAZIO.                                 H.R. 1826: Mr. BURGESS.
                                                                                                         H.R. 1830: Mr. COURTNEY, Mr. HIMES, and                H. Con. Res. 16: Ms. SHEA-PORTER, Mr.
                                                 H.R. 1098: Mr. TONKO.
                                                 H.R. 1124: Mr. VEASEY.                                Mr. REED.                                              RENACCI, and Mr. BARTON.
                                                 H.R. 1125: Mr. RODNEY DAVIS of Illinois.                H.R. 1832: Mr. COHEN.                                  H. Con. Res. 34: Ms. CLARKE, Ms. KELLY of
                                                 H.R. 1129: Mr. RICE of South Carolina and               H.R. 1847: Mr. JORDAN and Mr. BURGESS.               Illinois, Mrs. MCCARTHY of New York, and
                                               Mr. LUETKEMEYER.                                          H.R. 1861: Mr. HARRIS.                               Mr. LARSEN of Washington.
                                                 H.R. 1140: Mr. DELANEY.                                 H.R. 1864: Mr. FARENTHOLD, Mr. BARBER,                 H. Res. 35: Mr. HALL, Mr. KLINE, and Mr.
                                                 H.R. 1145: Ms. ESHOO and Mr. SCHIFF.                  Mr. COFFMAN, and Mrs. ELLMERS.                         GRAVES of Missouri.
                                                 H.R. 1146: Mr. DESJARLAIS.                              H.R. 1869: Mrs. LUMMIS, Mr. LANKFORD, Mr.              H. Res. 104: Mrs. NAPOLITANO and Mr.
                                                 H.R. 1151: Mr. HUIZENGA of Michigan and               YOHO, Mr. RICE of South Carolina, Mrs.                 CLEAVER.
                                               Mr. FLORES.                                             BLACKBURN, Mr. RIGELL, and Mr. YOUNG of                  H. Res. 106: Mr. ROHRABACHER.
                                                 H.R. 1155: Mr. PEARCE and Mr. GRAVES of               Indiana.                                                 H. Res. 118: Ms. WILSON of Florida.
                                               Georgia.                                                  H.R. 1876: Mrs. KIRKPATRICK and Mr.                    H. Res. 182: Mr. COURTNEY.
                                                 H.R. 1180: Mr. VELA, Mr. KILMER, and Mr.              POCAN.                                                   H. Res. 206: Mr. NUNNELEE.
                                               BISHOP of Georgia.                                        H.R. 1878: Mr. TONKO and Mr. KING of New               H. Res. 213: Mr. GRIJALVA, Ms. CHU, Mr.
                                                 H.R. 1205: Mr. GUTHRIE.                               York.                                                  LYNCH, Mr. CAPUANO, Mr. COOPER, Mr. KIND,
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                                                 H.R. 1214: Mr. CULBERSON.                               H.R. 1883: Mr. PETERSON and Mr. WEBER of             and Mr. VAN HOLLEN.
                                                 H.R. 1222: Mr. SABLAN.                                Texas.                                                   H. Res. 217: Mr. HUIZENGA of Michigan.
                                                 H.R. 1250: Ms. LORETTA SANCHEZ of Cali-                 H.R. 1890: Mr. DEFAZIO, Ms. CHU, and Mrs.              H. Res. 218: Mr. POE of Texas, Mr. MCGOV-
                                               fornia.                                                 DAVIS of California.                                   ERN, and Mr. WOLF.




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                                               May 17, 2013                          CONGRESSIONAL RECORD — Extensions of Remarks                                                                    E689

                                                                                        EXTENSIONS OF REMARKS
                                               COMMENDING COLONEL JASON Q.                             Health Care and Education Reconciliation Act              Since the horrific massacre in Newtown,
                                                BOHM FOR PERFORMANCE OF                                of 2010. This legislation would completely re-         Connecticut, more than 4,100 American men,
                                                DUTIES AS DIRECTOR OF THE                              peal the Affordable Care Act, which was                women and children have lost their lives in
                                                HOUSE MARINE LIAISON OFFICE                            signed into law in 2010 and was declared con-          gun-related incidents.
                                                                                                       stitutionally sound by the U.S. Supreme Court             These tragedies have grown all too common
                                                         HON. JOHN A. BOEHNER                          last year. The Affordable Care Act extends             in America—with the victims eulogized in our
                                                                     OF OHIO                           healthcare coverage to all Americans regard-           newspapers, their families left to feel unbear-
                                                  IN THE HOUSE OF REPRESENTATIVES
                                                                                                       less of their gender, health condition or ability      able grief, and yet time after time Washington
                                                                                                       to pay.                                                has failed to act on their behalf.
                                                            Friday, May 17, 2013                          It is a disgrace that this country, which is           But as President Obama has said, ‘‘This
                                                  Mr. BOEHNER. Mr. Speaker, I rise today to            the wealthiest country in the world, denies uni-       time it must be different.’’ The American peo-
                                               thank Colonel Jason Q. Bohm for the diligent            versal healthcare coverage to its citizens. Re-        ple want commonsense gun violence preven-
                                               and professional support he provided during             pealing the Affordable Care Act will allow this        tion laws, and it’s now up to those of us in
                                               his tenure as Director, Marine Corps Liaison            disgrace to continue.                                  Congress to find the political courage to make
                                               Office to the United States House of Rep-                  The Affordable Care Act is a good law. Be-          the will of the people the law of the land.
                                               resentatives. My staff and I have been fortu-           cause of the Affordable Care Act, Americans               We owe it to the families of Newtown and
                                               nate to work with Jason over the last two               now have access to a wide variety of free pre-         gun violence victims across our country to fi-
                                               years on various projects, but I want to high-          ventive services; insurers can no longer drop          nally come together, not as Democrats or Re-
                                               light two specific issues.                              women from coverage when they become                   publicans, but as Americans committed to en-
                                                  Soon after Jason started in the liaison office       pregnant; Medicare is stronger due to some of          suring that we can live in a society free from
                                               in July 2011, he approached my office with              the cost savings and other provisions in the           gun violence.
                                               ideas to improve the visibility of the annual           act; Seniors are paying less for prescription                            f
                                               Marine Corps Toys for Tots drive on the Hill.           drugs; Americans no longer face lifetime limits
                                               For the last two Christmases, we have been              on care; and families are receiving rebates            CONGRATULATING THE BUILDERS
                                               fortunate to have the conclusion of the drive           from insurance companies, when they unfairly            ASSOCIATION OF METROPOLITAN
                                               end in my office and coincide with the annual           inflate their costs.                                    PITTSBURGH ON ITS 75TH ANNI-
                                               U.S. Capitol Christmas Tree Lighting Cere-                 In fact, thousands of people in my district,         VERSARY
                                               mony and reception. This has allowed the                the 9th Congressional District of Brooklyn,
                                               House community of Members, staff, and                  New York, are already benefiting from the Af-                   HON. KEITH J. ROTHFUS
                                               guests to interact with local military families         fordable Care Act. An analysis done in March                         OF PENNSYLVANIA
                                               and to be active participants in the spirit of          of 2012 showed that the health care reform                IN THE HOUSE OF REPRESENTATIVES
                                               generosity and giving during the Christmas              law had already:
                                                                                                          Provided 390 small businesses in my district                     Friday, May 17, 2013
                                               season.
                                                  In addition, Jason’s team was instrumental           with tax credits to help maintain or expand               Mr. ROTHFUS. Mr. Speaker, I rise today to
                                               in the successful Congressional Gold Medal              health care coverage for their employees;              congratulate the Builders Association of Metro-
                                               Ceremony for the Montford Point Marines. The               Provided 5,100 young adults in my district          politan Pittsburgh (BAMP) on the seventy-fifth
                                               ceremony was a moving and fitting tribute to            with access to health insurance coverage               anniversary of its founding.
                                               the honor, perseverance, and patriotism of the          under their parents’ insurance plan;                      A group of Pittsburgh-area home builders
                                               Marines who defied prejudice, hardship, and                Provided Medicare preventive services, at           founded BAMP in 1938 to ‘‘protect and pro-
                                               inequality to serve their country, and it was a         no costs to the patient, for 46,000 seniors in         mote the interests of general contractors en-
                                               timely and important reminder for all Ameri-            the district;                                          gaged in the construction industry.’’ The orga-
                                               cans that our freedom and values depend on                 And, provided $2.5 million in public health         nization continues to promote home ownership
                                               those who are still answering the call to serve         grants for community health centers, hospitals,        and the improvement of the residential build-
                                               in dangerous places around the world, far               doctors, and other healthcare providers in the         ing industry in Western Pennsylvania. Today,
                                               from their families and loved ones.                     district to improve the community’s health.            BAMP is nationally recognized for its work in
                                                                                                          I have always believed that healthcare is a         advocacy, education, and community service.
                                                  I was personally able to get to know Jason
                                                                                                       fundamental right, not a privilege. And this is           BAMP represents nearly six hundred mem-
                                               during my January 2012 economic mission to
                                                                                                       why I vehemently oppose H.R. 45—To Repeal              bers today, including home builders, remod-
                                               Brazil, Colombia, and Mexico. The objectives
                                                                                                       the Patient Protection and Affordable Care             elers, trade contractors, suppliers, and li-
                                               of our delegation’s visits to these nations were
                                                                                                       Act. It is wrong, and it is a step backwards for       censed professionals. These small businesses
                                               achieved successfully in part because of Ja-
                                                                                                       our country.                                           support thousands of well-paying jobs for
                                               son’s excellent work. I wish him and his lovely
                                               wife, Sonja, and their children, Ashley, Ethan,                           f                                    workers across Western Pennsylvania.
                                               and Emily, the very best as Jason prepares to                GUN VIOLENCE PREVENTION                              BAMP members are dedicated to and active
                                               take command out in California. Semper Fi,                                                                     in their communities. They have organized
                                               Jason.                                                            HON. DAVID N. CICILLINE                      countless service projects and lent expertise,
                                                                f                                                                                             products, and services to build and improve
                                                                                                                        OF RHODE ISLAND
                                                                                                                                                              homes for neighbors in need. BAMP has also
                                               REPEAL OF PATIENT PROTECTION                                 IN THE HOUSE OF REPRESENTATIVES
                                                                                                                                                              sponsored National Association of Home
                                                 AND AFFORDABLE CARE ACT                                            Friday, May 17, 2013                      Builders student chapters in eight local sec-
                                                                                                          Mr. CICILLINE. Mr. Speaker, I ask unani-            ondary-level career training centers to help
                                                                   SPEECH OF
                                                                                                       mous consent to address the House for one              young people prepare to enter the workforce.
                                                        HON. YVETTE D. CLARKE                          minute.                                                   Many of today’s members are second-,
                                                                  OF NEW YORK                             Mr. Speaker, just last month, the United            third-, and even fourth-generation home build-
                                                  IN THE HOUSE OF REPRESENTATIVES                      States Senate failed to move forward on legis-         ers and tradesmen. They are dedicated to
                                                                                                       lation supported by 90 percent of Americans            their trade and take great pride in the work
                                                        Thursday, May 16, 2013                         to require a background check for the sale of          they do for customers in the same neighbor-
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                                                  Ms. CLARKE. Madam Speaker, I rise in                 any firearm.                                           hoods where they live and work.
                                               strong opposition to H.R. 45—To Repeal the                 But while the Senate may have missed its               Mr. Speaker, fellow members, please join
                                               Patient Protection and Affordable Care Act              opportunity, those of us committed to gun vio-         me in congratulating the Builders Association
                                               and health care-related provisions in the               lence prevention are not giving up.                    of Metropolitan Pittsburgh, an important part of


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


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                                               E690                                  CONGRESSIONAL RECORD — Extensions of Remarks                                                          May 17, 2013
                                               our community and one of the oldest and most            how the true strength of our Nation is built              Don Muir had a vision in 1963 when he
                                               respected home builder associations in the na-          upon by the core professionalism of our Sol-           started Muir Omni Graphics. He saw a trend
                                               tion, on the seventy-fifth anniversary of its           diers and their families.                              developing, with companies moving from
                                               founding.                                                                 f                                    hand-lettered markings to printed decals on
                                                                f                                                                                             their trucks and machinery. His first customers
                                                                                                        IN RECOGNITION OF CAPEFLYER                           were Caterpillar Tractor Co., Montgomery
                                               PAYING TRIBUTE TO COMMAND                                                                                      Ward, a garbage disposal company, and Grim
                                                SERGEANT MAJOR OLIVIA S.                                        HON. WILLIAM R. KEATING                       Reapers Motorcycle Club. By 1971, Muir was
                                                WARNER FOR SERVICE TO OUR                                               OF MASSACHUSETTS                      printing over one million decals and emblems
                                                NATION                                                      IN THE HOUSE OF REPRESENTATIVES                   every year and was the largest producer be-
                                                                                                                      Friday, May 17, 2013                    tween Chicago and St. Louis.
                                                         HON. C.W. BILL YOUNG                             Mr. KEATING. Mr. Speaker, I rise today to
                                                                                                                                                                 The late 1970s and early 1980s were a dif-
                                                                  OF FLORIDA                                                                                  ficult time for many businesses, and for the
                                                                                                       recognize and to celebrate the upcoming                City of Peoria. While many businesses closed
                                                  IN THE HOUSE OF REPRESENTATIVES                      launch of the new CapeFlyer train route be-            their doors and people moved out of Peoria,
                                                            Friday, May 17, 2012                       tween Boston and Cape Cod.                             giving rise to the phrase, ‘‘Will the last one to
                                                  Mr. YOUNG of Florida. Mr. Speaker, I rise               The CapeFlyer train will make its first             leave Peoria please turn out the lights,’’ Muir
                                               today to pay special tribute to Sergeant Major          scheduled trip between Boston’s South Station          developed new business models to continue
                                               Olivia S. Warner, United States Army. Ser-              and Cape Cod on May 24, 2013. Created                  serving their clients. They not only weathered
                                               geant Major Warner left behind her hometown             under a partnership between the Cape Cod               the economic downturn, but they thrived and
                                               of Chicago, Illinois as an energetic young pa-          Regional Transit Authority (CCRTA), the Mas-           were there in Peoria to welcome everyone
                                               triot and entered the Armed Forces in October           sachusetts Department of Transportation                back when prosperity returned.
                                               of 1984. Olivia has provided unsurpassed and            (MassDOT), and the Massachusetts Bay                      Today, the great strength of Muir is that it is
                                               remarkable professionalism and exponential              Transportation      Authority    (MBTA),      the      still run as a family business, and that family
                                               value to her beloved Nation ever since; we are          CapeFlyer will be the first scheduled pas-             attitude extends beyond the Muirs themselves
                                               all humbled by her service and devotion.                senger rail service to reach the Cape since            to their 42 employees. Muir is currently in the
                                                  Sergeant Major Warner began her career in            1996, as well as the first to connect Cape Cod         process of transitioning the business to em-
                                               1984 as a paralegal specialist stationed in             to Boston since the last train departed Bos-           ployee ownership, demonstrating the great
                                               Germany. Her relentless work ethic and com-             ton’s South Station at 5:34 p.m. on June 30,           trust and confidence they have in their em-
                                               mitment to excellence has driven and led her            1959. Between Memorial Day and Labor Day               ployees’ abilities and knowledge.
                                               to a position as a Drill Sergeants Instructor           this summer, the train will run between Boston            I am honored today to be able to recognize
                                               where her exemplary conduct could be used               and the Cape every weekend, and will offer             this company for their half-century of service
                                               to mentor and train the future warriors of the          amenities to its passengers such as free Wi–           in Central Illinois. While they provide superior
                                               United States Army for generations to come.             Fi service, concessions, and bicycle storage.          products and customer service to their clients,
                                                  As Olivia progressed throughout her illus-           Customers will have their choice of dis-               the story of Muir in a larger sense is a pro-
                                               trious and decorated career, she has excelled           embarking at either the historic Buzzards Bay          foundly American story. The idea that a family
                                               in a plethora of positions requiring great depth        Train Station or Hyannis Transportation Cen-           in Peoria, Illinois can start a business that will
                                               and responsibility; this has included expertly          ter, with further options to connect to numer-         then grow to become a part of the community
                                               advising and managing the careers of subordi-           ous other destinations throughout the Cape.            and a profitable enterprise with global reach is
                                               nate Soldiers as part of the Army Human Re-                The introduction of the CapeFlyer train will        the very essence of the American Dream.
                                               source Command, as well as advising the                 enable even more Massachusetts residents                  Muir is not only a business presence in Pe-
                                               Staff Judge Advocate for the United Nations;            and visitors to make the most of all that Cape         oria, however. Andrew Muir, the president of
                                               United States Forces Korea, and the historic            Cod has to offer, from its idyllic beaches and         the company, has given back to his commu-
                                               101st Airborne Division (Air Assault) located at        outdoor activities to its fine dining and shop-        nity in a variety of ways. As a member of the
                                               Fort Campbell, Kentucky.                                ping centers. The availability of rail service as      Peoria Public Schools Foundation Board of Di-
                                                  Olivia has demonstrated a natural ability to         an alternate mode of transportation will allow         rectors, Andrew works to improve and en-
                                               work efficiently and effectively, all while             summer tourism on Cape Cod to remain high              hance public education in Peoria through
                                                                                                       while reducing traffic congestion, making travel       classroom grants. These grants have been
                                               articulately directing others through periods of
                                                                                                       throughout the Cape easier and lowering local          used to purchase new technology, fund after-
                                               substantial uncertainty and duress in the de-
                                                                                                       carbon emissions. The benefits that the                school art programs, and institute a drum pro-
                                               fense of our Nation; especially during the last
                                                                                                       CapeFlyer will bring to the region are numer-          gram for a primary school, among other
                                               11 years of conflict—the hallmarks of a true
                                                                                                       ous and diverse, and I have no doubt that it           things.
                                               leader. As a result of her exemplary efforts                                                                      Under Andrew’s leadership, Muir Omni
                                               and personal attributes, Sergeant Major Olivia          will prove to be a popular method of reaching
                                                                                                       the Cape.                                              Graphics sponsored the West Peoria Jam-
                                               S. Warner was hand selected by the 14th Ser-                                                                   boree Family Fun Run, a community event
                                               geant Major of the Army, Sergeant Major of                 Mr. Speaker, I am happy to recognize the
                                                                                                       CapeFlyer rail service upon its initial trip be-       that raises donations for the West Peoria
                                               the Army Raymond F. Chandler III, to serve                                                                     Habitat for Humanity, West Peoria Volunteer
                                               as his Congressional Legislative Assistant to           tween Boston and Cape Cod, and I ask that
                                                                                                       my colleagues join me in welcoming this new            Fire Department, Lion’s Club and other organi-
                                               both the United States House of Representa-                                                                    zations. Muir also donates wooden screen
                                               tives and Senate. Sergeant Major Warner is              rail line to the Massachusetts region.
                                                                                                                         f                                    frames and kid-safe scrap products to local
                                               the first Sergeant Major in the history of the                                                                 community art programs, allowing teachers to
                                               Army to serve in this role and capacity.                CONGRATULATING    MUIR    OMNI                         lead activities that encourage and stimulate
                                                  Staying true to form, Sergeant Major Warner           GRAPHICS ON 50 YEARS OF BUSI-                         creativity among their students. The company
                                               has done an incredible job representing the              NESS IN CENTRAL ILLINOIS                              was awarded the Peoria County Recycling
                                               United States Army at the strategic level to                                                                   and Waste Reduction Award for their efforts to
                                               Members of Congress, senior executives in                           HON. AARON SCHOCK                          constructively reuse scraps and recycle unus-
                                               business and government, and their profes-                                  OF ILLINOIS                        able byproducts.
                                               sional staffs. As all good things surely come to                                                                  These examples of the community service
                                                                                                            IN THE HOUSE OF REPRESENTATIVES
                                               an end, the time has come for Sergeant Major                                                                   Muir and its employees provide to Peoria are
                                               Warner to move on from Capitol Hill, as she                            Friday, May 17, 2013                    just the tip of the iceberg, but they are demon-
                                               has been selected to serve in the office of the            Mr. SCHOCK. Mr. Speaker, I rise today to            strative of the philosophy of giving back that
                                               Inspector General at Fort Sam Houston,                  recognize a business in my hometown of Peo-
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                                                                                                                                                              this extraordinary company exhibits.
                                               Texas. As she departs Washington, DC she                ria, Illinois that is celebrating its 50th anniver-       I congratulate the team at Muir Omni Graph-
                                               will be surrounded by her husband, Army Ser-            sary this year. Muir Omni Graphics started as          ics for their sustained dedication to sound
                                               geant Major (Retired) Keithly Warner, and her           a small family-owned silkscreen printing busi-         business practices and quality work. I am con-
                                               two wonderful children Dominique and Keith.             ness. Today, they provide decals and logos             fident that the next 50 years will see more ex-
                                               Olivia will bring to her new post an unparal-           for some of America’s most well-known cor-             citing developments from Muir and that they
                                               leled talent and capability supported by a lov-         porations, including Caterpillar, Verizon, AT&T,       will continue to grow and thrive in Central Illi-
                                               ing and balanced family—a shining example of            and the Chicago Transit Authority.                     nois. Businesses like Muir are what make



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                                               May 17, 2013                          CONGRESSIONAL RECORD — Extensions of Remarks                                                                    E691
                                               Central Illinois an attractive place to live and        a commitment to be a positive force in their           address the humanitarian crisis in Syria, which
                                               work, and I wish them all the best as they              communities and pursue a path of success.              becomes increasingly dire with each passing
                                               move forward.                                                             f                                    day. Jordan is hosting approximately 500,000
                                                                f                                                                                             refugees, and that number grows by 2,000–
                                                                                                         HONORING 11 CONGRESSIONAL                            4,000 refugees a day. Jordan faces tremen-
                                                  ARMY SERGEANT TIMOTHY L.                              CERTIFICATE OF MERIT WINNERS                          dous economic and humanitarian pressures in
                                                         HAYSLETT                                                                                             the face of regional challenges.
                                                                                                                HON. MICHELE BACHMANN                            Stability and peace in the Middle East
                                                           HON. LOU BARLETTA                                              OF MINNESOTA                        hinges on a strong strategic alliance between
                                                               OF PENNSYLVANIA                              IN THE HOUSE OF REPRESENTATIVES                   the United States and Jordan. Jordan plays an
                                                  IN THE HOUSE OF REPRESENTATIVES                                                                             important role in the Middle East peace proc-
                                                                                                                    Friday, May 17, 2013
                                                                                                                                                              ess, having signed the historic Jordan-Israel
                                                            Friday, May 17, 2013                          Mrs. BACHMANN. Mr. Speaker, I rise today            Peace Treaty in 1994, normalizing relations
                                                  Mr. BARLETTA. Mr. Speaker, I rise to honor           to honor the accomplished students who                 between Jordan and Israel and establishing a
                                               Army Sergeant Timothy L. Hayslett who                   earned the Certificate of Congressional Merit          partnership toward peaceful relations. Jordan
                                               passed away on November 15, 2003, while                 for their exemplary citizenship and academic           is a strong advocate for moving the peace
                                               serving with the United States Army in Oper-            excellence. Eleven students from Minnesota’s           process between the Israelis and Palestinians
                                               ation Iraqi Freedom.                                    Sixth District were nominated by their schools         forward, often reiterating the need for negotia-
                                                  Sergeant Hayslett was born on May 17,                for this prestigious award and it is a great           tions and offering to serve as a mediator and
                                               1977, to Guy and Mary Hayslett. After grad-             privilege to be able to share their accomplish-        host for peace talks.
                                               uating from Big Spring High School in                   ments with this Congress.                                 Under the leadership of King Abdullah II,
                                               Newville, Pennsylvania, he enlisted and was                These students have shown that they can             Jordan is the voice of moderation and
                                               assigned to the Army’s 1st Battalion, 37th Ar-          set and achieve goals, work as a team mem-             progress in the Arab world, and recently im-
                                               mored Regiment of the 1st Armored Division,             ber or a leader, contribute to a larger cause,         plemented economic and political reforms.
                                               based in Friedberg, Germany. A husband and              all while making time for study and friend-            Now is the time to reaffirm the United States’
                                               father of two daughters, Sergeant Hayslett              ships. They have made significant contribu-            commitment to and friendship with the people
                                               planned to dedicate his career to the military.         tions to their schools and communities and             and Government of Jordan. Therefore, I am
                                               Prior to his passing, he had already spent              stand out to faculty and staff as students that        pleased to submit a resolution to recognize
                                               eight years serving in the Army and had re-             would never ask for recognition for their ef-          and highlight the long-term partnership and
                                               cently re-enlisted.                                     forts.                                                 friendship between the United States and Jor-
                                                  Sergeant Hayslett deployed to Iraq in May               I rise today, Mr. Speaker, to honor these           dan, working together towards peace and se-
                                               2003. On November 15, he was patrolling the             eleven students for their successful high              curity in the Middle East.
                                               city of Baghdad when a grenade was thrown               school careers and to wish them all the best                             f
                                               into his Humvee. Sergeant Hayslett and two              in their bright futures: Alyssa Haus, Becker
                                               other soldiers inside the vehicle were injured          High School; Brianna Vickerman, Big Lake               REINTRODUCTION OF A RESOLU-
                                               from the blast of the IED. Ultimately, Sergeant         High School; Isaac Darland, Dassel-Cokato               TION EXPRESSING THE SENSE
                                               Hayslett perished from the wounds sustained             High School; Trey Soukup, Delano High                   OF THE HOUSE OF REPRESENTA-
                                               in this attack. He had been scheduled to re-            School; Eric Rapheal, Forest Lake High                  TIVES REGARDING THE CON-
                                               turn to Germany in December.                            School; Diane Wertish, Immaculate Concep-               TRIBUTIONS OF THE CONVEN-
                                                  Mr. Speaker, the men and women who                   tion Academy; Hannah Zipoy, Kimball Area                TION ON INTERNATIONAL TRADE
                                               serve in our Nation’s armed forces provide an           High School; Emily Kirby, Legacy Christian              IN ENDANGERED SPECIES OF
                                               invaluable service to sustain our country’s             Academy; Michael Witschen, Monticello High              WILD FAUNA AND FLORA
                                               freedom. Therefore, for his dedicated service           School; McKenzie van der Hagen, Rocori High
                                               and sacrifice to protect our great Nation, I            School; Isaac Eickhoff, St. Cloud Christian                     HON. ALCEE L. HASTINGS
                                               commend Army Sergeant Timothy L. Hayslett.              School.                                                                  OF FLORIDA
                                                                f                                         It was best said by beloved children’s au-             IN THE HOUSE OF REPRESENTATIVES
                                                                                                       thor, Dr. Seuss, ‘‘The more that you read, the
                                               HONORING ‘‘DO THE WRITE THING                                                                                               Friday, May 17, 2013
                                                                                                       more things you will know. The more that you
                                                CHALLENGE’’ PARTICIPANTS IN                            learn, the more places you’ll go.’’ These stu-            Mr. HASTINGS of Florida. Mr. Speaker, I
                                                JACKSON, TN                                            dents are the bright future we have to look for-       rise today to introduce a resolution expressing
                                                                                                       ward to in Minnesota and in our Nation. We             the sense of the House of Representatives re-
                                                      HON. STEPHEN LEE FINCHER                         are looking forward to the successes they will         garding the contributions of the Convention on
                                                                 OF TENNESSEE                          have and the dreams they will follow and the           International Trade in Endangered Species of
                                                  IN THE HOUSE OF REPRESENTATIVES                      places they will go.                                   Wild Fauna and Flora.
                                                                                                                         f                                       CITES was created in 1973 to ensure that
                                                            Friday, May 17, 2013                                                                              international trade in wild plants and animals
                                                  Mr. FINCHER . Mr. Speaker, I rise today to                    RECOGNIZING JORDAN                            does not threaten their survival. Launched with
                                               congratulate students from Jackson, TN who                                                                     a few signatory nations, CITES has now 178
                                               participated in the ‘‘Do the Write Thing Chal-                   HON. GREGORY W. MEEKS                         parties that have an international obligation
                                               lenge.’’ It was an honor to have these stu-                                OF NEW YORK                         and responsibility to protect our planets’ en-
                                               dents visit me in Washington, DC.                            IN THE HOUSE OF REPRESENTATIVES                   dangered animals and plants. Nearly 5,000
                                                  The ‘‘Do the Write Thing Challenge’’ Pro-                                                                   species of animals and 29,000 species of
                                               gram is geared toward students during some                            Friday, May 17, 2013                     plants are protected by the Convention against
                                               of their most trying years . . . middle school.            Mr. MEEKS. Mr. Speaker, we were pleased             over-exploitation through international trade.
                                               This Program gives middle school students               to welcome the Hashemite King of Jordan,               Adherence to these protective measures has
                                               the opportunity to discuss and write about the          King Abdullah II bin al-Hussein to Washington          benefited the conservation of animals and
                                               violence they see in their communities, for             a few weeks ago and I would like to take this          plants worldwide.
                                               some in their own homes and neighborhoods,              opportunity to highlight the importance of our            Unfortunately, more and more species are
                                               and understand how it affects their lives. The          vital bilateral relationship. The United States        at risk of extinction and international trade,
                                               goal is to help students recognize the causes           and the Hashemite Kingdom of Jordan began              both legal and illegal, has exacerbated the
                                               of youth violence and make a commitment to              their diplomatic relations in 1949, and have re-       dangers. International wildlife trade is esti-
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                                               do something about the problem.                         mained strong allies for over six decades. We          mated to be worth billions of dollars per year
                                                  I commend the efforts of the Jackson com-            collaborate closely with the Jordanians in mul-        and to include hundreds of millions of live
                                               munity and school system for working together           tiple areas, including: security cooperation,          plants and animals and derived products such
                                               to combat the destructive effects of youth vio-         economic development, humanitarian assist-             as     food    products,   leather   and    fur,
                                               lence. I am especially proud of all the students        ance and counterterrorism.                             ornamentals, medicinal, and timber. Such high
                                               who joined the discussion by participating in              The timing of the King’s visit is critical. The     levels of exploitation of and trade in wild ani-
                                               the ‘‘Do the Write Thing Challenge’’ and made           United States is working closely with Jordan to        mals and plants, together with other factors



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                                               E692                                  CONGRESSIONAL RECORD — Extensions of Remarks                                                         May 17, 2013
                                               such as habitat loss, are capable of bringing           ployees of the Gilman Brothers Company on              tory at Florida A&M University for more than
                                               some species close to extinction.                       receiving the President’s ‘‘E’’ Award for              twenty years, ultimately achieving the rank of
                                                  Every two to three years, the parties of             achieving significant export successes.                ‘‘Distinguished University Professor,’’ one of
                                               CITES meet at the Conference of the Parties                The Gilman Brothers Company is based in             only two on campus. He also held a number
                                               to review the status of species in danger of            Gilman, Connecticut and is one of North                of administrative appointments and was se-
                                               extinction and establish trade restrictions. The        America’s leading manufacturers of foamboard           lected as Dean of the FAMU College of Arts
                                               16th meeting of the Conference of the Parties           products for signage, display, and graphics.           and Sciences in 2002.
                                               was held in March 2013. Several proposals               Since its founding in 1897, the company has                Mr. Speaker, Dr. Rivers has revolutionized
                                               were submitted during the summit, some of               since been instrumental in developing and in-          The Fort Valley State University in many ways
                                               them ensuring better protections for endan-             troducing innovative products that fit the ever-       during his seven-year tenure as President. In
                                               gered species, others trying to downlist spe-           changing needs of the visual industries. With          the beginning, he certainly had his work cut
                                               cies and re-open trade. While proposals to up           over a century of rich history, the Gilman             out for him because the school faced budg-
                                               listing five valuable kinds of shark species            Brothers Company has been able to produce              etary issues, decreasing student enrollment,
                                               were successfully adopted, proposals to es-             world-class and high quality products that are         aging facilities and low staff morale. Today, a
                                               tablish stronger protections for the polar bear         also environmentally friendly. Over the past           dramatic change can be seen throughout the
                                               and other species were unfortunately rejected.          few years, Gilman Brothers has won assist-             school, particularly in increased enrollment
                                               I am saddened to see that economic interests            ance from the U.S. Export Import Bank to ex-           numbers and several new completed construc-
                                               have prevailed over species conservation,               pand their export sales abroad. I was pleased          tion projects.
                                               risking to bring species close to extinction.           to tour their factory in 2010, and later that year         Under Dr. Rivers’ leadership, The FVSU has
                                               This is unacceptable.                                   Gilman Brothers joined me on a Connecticut             launched several projects including the con-
                                                  My resolution will recognize the important           Trade Mission to Israel. Through the contacts          struction of a $16.8 million Academic, Science
                                               contributions the Convention has made in reg-           the company made in Israel, Gilman Brothers            and Classroom Building; a $9 million Wildcat
                                               ulating international trade in endangered spe-          has been able to increase significantly their          Stadium; a $6 million Student Amenities Build-
                                               cies and protecting endangered species world-           exports to Israel and other Middle Eastern             ing; a new seven-building residential complex,
                                               wide. It will also applaud the Convention’s             countries.                                             a State Animal Facility for Emergencies
                                               leadership in protecting the African elephants,            The President’s ‘‘E’’ Award was created by          (SAFE) Center, and several renovations to ex-
                                               five sharks and other endangered species.               Executive Order of the President on Decem-             isting buildings.
                                               Lastly, the resolution will urge all parties to the     ber 5, 1961 to recognize persons, firms, or or-            Georgia Trend magazine has highlighted Dr.
                                               Convention to collaborate effectively to curb           ganizations which contribute significantly in the      Rivers’ strong leadership and The FVSU’s
                                               excessive exploitation of species for inter-            effort to increase United States exports. As a         rapid growth by naming Dr. Rivers among the
                                               national trade and to adopt stronger protec-            recipient of this prestigious award, the Gilman        ‘‘100 Most Influential Georgians’’ and The
                                               tions for several endangered species at the             Brothers Company has proven to be one of               FVSU among the ‘‘Best Places to Work in
                                               17th meeting of the Conference of the Parties                                                                  Georgia’’ in 2008. The magazine also named
                                                                                                       the top export leaders in the country. Deputy
                                               in South Africa in 2016.                                                                                       Dr. Rivers as one of ‘‘Georgia’s Top 25 Lead-
                                                                                                       Secretary of Commerce Rebecca Blank will
                                                  Mr. Speaker, the United States has a moral                                                                  ers’’ in September 2010. Ebony magazine has
                                               obligation to protect endangered species and            present Gilman Brothers with the ‘‘E’’ Award
                                                                                                       on May 20, 2013.                                       recognized Dr. Rivers as one of America’s no-
                                               their natural habitat. Wild animals are a very                                                                 table black leaders as well. In addition, Dr.
                                                                                                          The success of small and family-owned
                                               important part of our commonly held natural
                                                                                                       business like the Gilman Brothers Company in           Rivers’ Slavery in Florida, Territorial Days to
                                               resources and contribute to the diversity and
                                                                                                       the international market demonstrates the dy-          Emancipation, published in 2000, won three
                                               stability of our environment. We must continue
                                                                                                       namism of our nation’s economy. Small busi-            national awards. His subsequent publications
                                               to maintain a balanced and healthy ecosystem
                                                                                                       nesses are key to our economic recovery and            have also received scholarly acclaim and hon-
                                               that allows for the coexistence of both human
                                                                                                       the successes of companies like the Gilman             ors.
                                               beings and the world’s most incredible spe-                                                                        One of the many things I admire most about
                                               cies. It is essential to work with the inter-           Brothers help move our economy forward. The
                                                                                                       Gilman family and their employees are true             Dr. Rivers is his unfailing dedication to The
                                               national community to ensure the survival of
                                                                                                       assets to our region and our state, and I ask          Fort Valley State University. After graduating
                                               these species. I believe that the stakes are too
                                                                                                       my colleagues to join me in commending the             from the school in 1973, he came back years
                                               high to let national interests and differences
                                                                                                       Gilman Brothers Company on receiving this              later to take on the difficult challenge of turn-
                                               hinder the future of our planet.
                                                  I urge my colleagues to join me in protecting        well-deserved award.                                   ing the school around. And what a difference
                                               wildlife and promoting environmental con-                                 f                                    he has made! Enrollment for the 2012–2013
                                               servation across the globe by supporting this                                                                  school year has almost doubled since he ar-
                                                                                                            IN RECOGNITION OF DR. LARRY                       rived in 2006. Previously, The FVSU was
                                               important resolution.                                                  RIVERS                                  unranked by the U.S. News Media group, but
                                                                f
                                                                                                                                                              the University made the list of ‘‘America’s Best
                                                      PERSONAL EXPLANATION                                    HON. SANFORD D. BISHOP, JR.                     Black Colleges’’ four years in a row and was
                                                                                                                           OF GEORGIA                         recognized by the 2013 U.S. News and World
                                                       HON. JOHN C. CARNEY, JR.                             IN THE HOUSE OF REPRESENTATIVES                   Report as the top public historically black col-
                                                                 OF DELAWARE                                                                                  lege and university in Georgia.
                                                                                                                   Friday, May 17, 2013                           The city of Fort Valley has also felt the
                                                  IN THE HOUSE OF REPRESENTATIVES
                                                                                                          Mr. BISHOP of Georgia. Mr. Speaker, I rise          earthquake of change emanating from The
                                                           Friday, May 17, 2013
                                                                                                       today to pay tribute to Dr. Larry E. Rivers, the       FVSU campus. City officials are preparing for
                                                  Mr. CARNEY. Mr. Speaker, on rollcall Nos.            eighth president of The Fort Valley State Uni-         the growth of the town of 8,600 residents and
                                               147—‘‘yes’’, 148—‘‘yes’’, 149—‘‘yes.’’                  versity in Fort Valley, Georgia, who will be           existing infrastructure is expanding to accom-
                                                  Had I been present, I would have voted               leaving after seven years as President of the          modate new residents and businesses in large
                                               ‘‘yes.’’                                                school. He will be honored at a farewell recep-        part because of The FVSU.
                                                                f                                      tion on Saturday, May 18, 2013, at the C.W.                Pr. Rivers has achieved many things in his
                                               HONORING THE GILMAN BROTH-                              Pettigrew Center on the FVSU campus.                   life, but none of it would have been possible
                                                ERS COMPANY ON RECEIVING                                  Born in Sharon Hill, Pennsylvania, Dr. Riv-         without the grace of God and his loving wife,
                                                THE PRESIDENT’S ‘‘E’’ AWARD                            ers is an alumnus of Fort Valley State College         the former Betty Hubbard, who has been an
                                                FOR   ACHIEVING  SIGNIFICANT                           (now University) with a Bachelor of Science            extraordinary engaging and dignified first lady
                                                EXPORT SUCCESSES                                       degree in Social Science Education. He also            to the University. Together, they reared two
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                                                                                                       earned a Master’s in History from Villanova            exceptional sons, Larry Omar and Linje Eu-
                                                           HON. JOE COURTNEY                           University, a Doctor of Arts degree in History         gene, who like their parents, are achievers in
                                                                                                       and Curriculum Development from Carnegie-              their own right.
                                                                OF CONNECTICUT
                                                                                                       Mellon University, and a Doctor of Philosophy              Mr. Speaker, I ask my colleagues to join me
                                                  IN THE HOUSE OF REPRESENTATIVES
                                                                                                       in History degree from Goldsmith’s College of          in paying tribute to Dr. Larry E. Rivers for his
                                                           Friday, May 17, 2013                        the University of London.                              seven outstanding years as President of The
                                                 Mr. COURTNEY. Mr. Speaker, I rise today                  Before he was the President of The Fort             Fort Valley State University. His energizing
                                               to congratulate the Gilman family and the em-           Valley State University, Dr. Rivers taught his-        leadership has helped to transform this school



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                                               May 17, 2013                          CONGRESSIONAL RECORD — Extensions of Remarks                                                                     E693
                                               for the better to provide students with state-of-       fidence among Syria’s minorities, and help             larger cause of reducing HIV/AIDS-related
                                               the-art classrooms and facilities, a fulfilling col-    peel more Syrians away from the regime.                stigmas and disparities in access to HIV pre-
                                               lege experience, and a quality education, and              This revolution started as a peaceful and in-       vention, testing and treatment. I would like to
                                               the tools with which to attain successful and           clusive movement calling for an end to the un-         thank my colleagues, Congressman BERA,
                                               productive lives.                                       democratic and corrupt system of government            Congresswoman CHRISTENSEN, Congress-
                                                                f                                      controlled by Assad. That is why many                  woman CHU, Congressman FALEOMAVAEGA,
                                                                                                       Alawites are already participating in the oppo-        Congressman GRIJALVA, Congressman HIMES,
                                               INTRODUCTION OF A RESOLUTION                            sition. They can see a better future for Syria.        Congresswoman            LEE,    Congressman
                                                 CALLING ON THE SYRIAN OPPO-                           We should encourage the opposition to make             LOWENTHAL, Congresswoman MCCOLLUM,
                                                 SITION COALITION TO OUTLINE                           concrete that pluralistic, democratic vision.          Congressman SCOTT PETERS, Congressman
                                                 PLAN FOR INCLUSION OF MI-                                                                                    PIERLUISI, Congressman RANGEL, Congress-
                                                                                                                         f
                                                 NORITIES                                                                                                     man SABLAN, Congressman ADAM SMITH, Con-
                                                                                                       INTRODUCTION OF A RESOLUTION                           gresswoman SPEIER, and Congressman
                                                         HON. JAMES P. MORAN                             SUPPORTING THE GOALS AND                             TAKANO, for their support as original co-spon-
                                                                  OF VIRGINIA                            IDEALS OF NATIONAL ASIAN                             sors of this resolution.
                                                                                                         AND PACIFIC ISLANDER HIV/
                                                  IN THE HOUSE OF REPRESENTATIVES                                                                                               f
                                                                                                         AIDS AWARENESS DAY
                                                             Friday, May 17, 2013                                                                                TRIBUTE TO HOWARD BROOKS
                                                  Mr. MORAN. Mr. Speaker, the horror un-                     HON. MADELEINE Z. BORDALLO
                                               leashed by the regime of Bashar al Assad in                                  OF GUAM                                       HON. JON RUNYAN
                                               Syria has caused tremendous suffering, dis-                  IN THE HOUSE OF REPRESENTATIVES                                     OF NEW JERSEY
                                               placement and death. Tragically, this conflict
                                                                                                                     Friday, May 17, 2013                        IN THE HOUSE OF REPRESENTATIVES
                                               may endure for months to come. Assad has
                                               lost legitimacy with his own people and with               Ms. BORDALLO. Mr. Speaker, today I have                            Friday, May 17, 2013
                                               the world, but he retains the military capacity         reintroduced a resolution to honor the memory             Mr. RUNYAN. Mr. Speaker, I rise to pay
                                               to keep fighting. The fact that he retains              of 3,542 Asian Americans, Native Hawaiians,            tribute to a true American hero, Mr. Howard
                                               chemical weapons and, as the Administration             and Pacific Islanders we have lost to AIDS,            Brooks. Mr. Brooks is a constituent of New
                                               has averred, may have already used them on              and to recognize the 9,317 whom are still liv-         Jersey’s Third Congressional District, and I
                                               the battlefield, raises new concerns about the          ing with HIV/AIDS the United States. It sup-           thank him for his courageous and dedicated
                                               toll this conflict may yet take.                        ports the goals and ideals of National Asian           service to our nation.
                                                  Mr. Speaker, we all are aware of the deli-           and Pacific Islander HIV/AIDS Awareness                   Howard Brooks, born and raised in Eastern
                                               cate mix of religious and cultural diversity that       Day, its observance, and, draws attention to           Tennessee, joined the Navy on September 3,
                                               exists in Syria. That harmony persisted even            the stigma and disparities that hinder proper          1939, the very same day Hitler invaded Po-
                                               when sectarian conflict—fomented in part by             treatment and prevention within these commu-           land. Mr. Brooks was serving as a 3rd class
                                               Bashar al Assad and his father Hafez before             nities.                                                electrician’s mate on the heavy cruiser USS
                                               him—overwhelmed Syria’s neighbors in Leb-                  Asian Americans and Pacific Islanders com-          Houston when it was sunk by a Japanese bat-
                                               anon and Iraq. But in Syria, a delicate ethnic          prise more than 40 different ethnic subgroups,         tle fleet in the Battle of Sunda Strait.
                                               and religious balance held.                             speaking more than 100 languages and dia-                 After receiving orders to abandon ship, he
                                                  Now, however, it is becoming increasingly            lects. This resolution recognizes the impor-           spent three days in the water before his life
                                               clear that Assad believes his best hope lies in         tance of providing access to culturally- and           raft washed ashore, where he and fellow sur-
                                               shattering that harmony. He hopes that the              linguistically- competent services, especially         vivors were captured by the Japanese. Mr.
                                               atrocities committed by the shabiha, para-              HIV testing. According to an analysis of data          Brooks spent 31⁄2years as a prisoner of war,
                                               military gangs mostly drawn from Assad’s own            from the Centers for Disease Control and Pre-          and was among those forced to build the
                                               Alawite community, will implicate all of Syria’s        vention (CDC), Asian Americans and Pacific             Burma Railway. Of the 1,068 crewmen, he
                                               2.3 million Alawites and bind their future to           Islanders were the only racial/ethnic groups           was among just 291 sailors who survived the
                                               his.                                                    with a statistically significant increase in new       sinking of the USS Houston and the years of
                                                  This horrific strategy was recently employed         HIV diagnoses. The CDC estimates that 37               brutal captivity that followed.
                                               on May 2 in the small, coastal village of               percent of the HIV diagnoses among these                  After the war ended and Mr. Brooks re-
                                               Bayda. Assad’s soldiers, accompanied by ele-            communities progress to AIDS in less than 12           turned home, he graduated from the University
                                               ments of shabiha, entered the mainly Sunni              months. Additionally, the CDC estimates that 1         of Rhode Island in 1952. He retired from his
                                               town and slaughtered scores of men, women               in 3 Asian Americans, Native Hawaiians, and            career as an electrical engineer in 1981. He
                                               and children.                                           Pacific Islanders living with HIV/AIDS are un-         has been married for over forty years, and has
                                                  By carrying out massacres like the one in            aware they are infected.                               two sons. Just last year, on the 70th anniver-
                                               Bayda, the regime hopes that Alawites, as                  Yet, with increasing rates of infection, they       sary of the sinking of the USS Houston, Mr.
                                               well as other minorities seen as dependent on           continue to have the lowest rates of access to         Brooks attended a memorial service in Sam
                                               Assad’s protection, will be inexorably tied to          HIV-testing services. Although there are a             Houston Park, Houston, Texas.
                                               the regime. He hopes that his genocidal ac-             number of factors that contribute to increasing           At 93 years old, Mr. Howard Brooks con-
                                               tions will lead to calls for revenge and, ulti-         rates of infections, stigma and discrimination         tinues to serve our nation by sharing his life’s
                                               mately, to unbridled sectarian conflict. He will        associated with an HIV/AIDS has proved to be           story, and ensuring that this time in our coun-
                                               then claim to be the only power that can con-           a leading factor in low testing rates and in-          try’s history is never forgotten. His valiant and
                                               trol the resulting chaos. This is the gamble of         creased risk-taking behaviors.                         courageous service to our country deserves
                                               a desperate ruler, and we have to do what we               The observance of National Asian and Pa-            our nation’s deepest gratitude.
                                               can to frustrate his plan. In reality, those in         cific Islander HIV/AIDS Awareness Day was                 It is my honor to represent Mr. Howard
                                               Bashar al Assad’s inner circle know he is               established by the Banyan Tree Project, and            Brooks in the House of Representatives. It is
                                               steadily losing the support of Syria’s people—          began as a national campaign to raise aware-           an even greater honor to have this opportunity
                                               including Alawites. We should encourage the             ness of the impact of the HIV/AIDS-related             to publicly thank him for his dedicated and
                                               opposition to accelerate that trend, and reach          stigma and how it contributes to lower testing         courageous service to our nation.
                                               out to Syria’s people with a vision of unity,           rates and greater risk-taking behaviors. Addi-                           f
                                               peace and citizenship for all.                          tionally, the work continues with the Asian and
                                                  That is why I am introducing a resolution            Pacific Islander American Health Forum who                    PERSONAL EXPLANATION
                                               today calling on the Syrian Opposition Coali-
pwalker on DSK7TPTVN1PROD with REMARKS




                                                                                                       have worked nationally for more than 20
                                               tion to publicly outline a detailed vision of in-       years, including in my home district of Guam,                        HON. TOM COLE
                                               clusion for all of Syria’s people, including a          in helping to strengthen community-based or-                             OF OKLAHOMA
                                               guarantee that all Syrians—Alawites and oth-            ganizations and programs responding to HIV/               IN THE HOUSE OF REPRESENTATIVES
                                               ers, will participate as equals in any new Syr-         AIDS among Asian Americans, Native Hawai-
                                               ian government. Such a statement, along with            ians, and Pacific Islanders.                                      Friday, May 17, 2013
                                               meaningful progress towards establishing insti-            I look forward to working with my colleagues          Mr. COLE. Mr. Speaker, I was unavoidably
                                               tutions of transitional justice, will instill con-      in addressing this need and advancing the              detained and missed rollcall No. 152 and No.



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                                               E694                                   CONGRESSIONAL RECORD — Extensions of Remarks                                                         May 17, 2013
                                               153. Had I been present, I would have voted                      THE SENATE AND THE HOUSE OF                    ceding Legislative Assembly approved the
                                               ‘‘aye’’ on rollcall No. 152 and ‘‘nay’’ on rollcall             REPRESENTATIVES OF PUERTO RICO                  plebiscite disregarding the procedural and
                                               No. 153.                                                     COMMONWEALTH OF PUERTO RICO                        substantive consensuses required to legiti-
                                                                                                                                                               mize any plebiscite held.
                                                                                                                         THE CAPITOL                              The Party that supported the Common-
                                                                  f                                     WE, EDUARDO BHATIA-GAUTIER, PRESI-                     wealth option, which was the political oppo-
                                                                                                          DENT OF THE SENATE, AND JAIME R.                     sition at the time, objected this process ar-
                                               PLEBISCITES ON THE STATEHOOD                                         ´        ´
                                                                                                          PERELLO-BORRAS, SPEAKER OF THE                       guing that it was contrary to the provisions
                                                 QUESTION FOR PUERTO RICO                                 HOUSE OF REPRESENTATIVES,                            of H.R. 2499, as amended and approved by the
                                                                                                                           CERTIFY                             United States House of Representatives,
                                                                                                          That the Senate of Puerto Rico and the               which included the Commonwealth among
                                                                                                                                                               the options in the second question. More-
                                                       HON. JOHN J. DUNCAN, JR.                         House of Representatives of Puerto Rico ap-
                                                                                                                                                               over, it stated that the process had also been
                                                                                                        proved in final vote Senate Concurrent Reso-
                                                                  OF TENNESSEE                          lution No. 24, introduced by Messrs. Nadal-            criticized by the White House because it was
                                                                                                                                ´
                                                                                                        Power and Rosa-Rodrıguez and Co-sponsors               designed with the intent to conceal the true
                                                  IN THE HOUSE OF REPRESENTATIVES                                                                              expression of the people of Puerto Rico.
                                                                                                        Messrs.      Fas-Alzamora,      Tirado-Rivera,
                                                                                                                                                                  Commonwealth supporters employed two
                                                               Friday, May 17, 2013                     Bhatia-Gautier, Dalmau-Santiago, Torres-
                                                                                                                           ´      ´         ´    ´             methods to express their opposition to the
                                                                                                        Torres; Mmes. Lopez-Leon, Gonzalez-Lopez;
                                                                                                                           ´                                   plebiscite as designed. On the one hand, the
                                                  Mr. DUNCAN of Tennessee. Mr. Speaker, I               Messrs. Nieves-Perez, Pereira-Castillo, Ri-
                                                                                                                                                  ´            Governing Board of the Party supporting the
                                               have had the privilege to visit Puerto Rico              vera-Filomeno,            Rodriguez-Gonzalez,
                                                                                                             ´                    ´                            Commonwealth option adopted a resolution
                                                                                                        Rodrıguez-Otero,      Rodrıguez-Valle,   Ruiz-
                                               three times over the years and have enjoyed                          ´     ´                                    asking voters to protest the process by cast-
                                                                                                        Nieves, Suarez-Caceres, and Vargas-Morales
                                               many visits and meetings with citizens and of-           and that the same reads as follows:
                                                                                                                                                               ing a blank ballot. On the other hand, a sig-
                                               ficials of Puerto Rico when they have come to                                                                   nificant number of pro-Commonwealth lead-
                                                                                                                CONCURRENT RESOLUTION                          ers openly conducted campaigns in favor of
                                               Washington. I believe that Puerto Rico is a
                                                                                                          To inform the President and the Congress             the Sovereign Free Associated State option.
                                               beautiful island, but more importantly it has                                                                      There is no doubt that the voters who wish
                                                                                                        of the United States on the results of the
                                               many wonderful people.                                   plebiscite held on November 6, 2012, and sup-          to express their dissatisfaction with the pro-
                                                  I have been involved in the issue of state-           port the request of the President of the               posals or the candidates in a ballot, tradi-
                                               hood for Puerto Rico for many years. While I             United States of America for Congress to ap-           tionally do so by spoiling their ballots, cast-
                                                                                                        propriate $2.5 million for the State Elections         ing a blank ballot, or voting for a fictional
                                               love Puerto Rico and its people, I do not be-                                                                   character.
                                                                                                        Commission of Puerto Rico for a congres-
                                               lieve any place should become another state              sionally-sponsored plebiscite after con-                  If the United States Congress wants to
                                               unless an overwhelming majority of its citizens          ducting the appropriate voter education                know the amount of Puerto Rican voters
                                               support statehood. This is certainly not the             campaign, which incorporates all options, in-          against statehood for Puerto Rico, the blank
                                               case in Puerto Rico at this time. In fact, sup-          cluding the enhanced Commonwealth, based               ballots should be taken into account because
                                               port for statehood in Puerto Rico has consist-           on the principles of fairness and equality; to         such votes clearly express the intent of vot-
                                                                                                        authorize the disbursement of funds; and for           ers not favoring that option. Thus, it should
                                               ently remained at around less than half the
                                                                                                        other purposes.                                        be understood that votes cast in favor of
                                               population.                                                                                                     statehood did not exceed forty-four point
                                                                                                                     STATEMENT OF MOTIVES
                                                  I appreciate very much the contributions of                                                                  four percent (44.4%), which shows a two per-
                                                                                                          On November 6, 2012 a plebiscite was held            cent (2%) decrease in the historical peak
                                               Puerto Rico and its citizens to our Country,             in Puerto Rico along with the general elec-
                                               and I especially admire and respect the serv-                                                                   such option achieved in 1998. In other words,
                                                                                                        tions. The results of such plebiscite were in-         fifty-five point six percent (55.6%) of Puerto
                                               ice of many Puerto Ricans in the U.S. military.          conclusive because none of the options on              Rican voters rejected Statehood in the 2012
                                                  I hope that the U.S. and Puerto Rico con-             Puerto Rico’s political status received a ma-          plebiscite.
                                                                                                        jority of the votes. Said plebiscite consisted            In 1998, the pro-statehood party had also
                                               tinue to have the closest possible ties. When
                                                                                                        of two separate questions, formulated by the           designed a unilateral and exclusionary plebi-
                                               the economy of Puerto Rico is strong, trade              preceding pro-statehood government admin-              scite; nonetheless, voters had the option to
                                               with the U.S. increases creating jobs in both            istration, which favored statehood for Puer-           vote for ‘‘None of the Above.’’ The ‘‘None of
                                               places. What is good for the U.S. is generally           to Rico, in order to portray a false majority          the Above’’ option received fifty point three
                                               also good for Puerto Rico, and vice versa.               in favor of statehood and prevent such for-            percent (50.3%) of the votes cast, followed by
                                                                                                        mula from competing against the Common-                Statehood and Independence, which received
                                                  I am always willing to consider and occa-             wealth option, which had been favored by the           forty-six point five percent (46.5%) and two
                                               sionally even support the right of the citizens          people of Puerto Rico in all previously-held           point five percent (2.5%) of the votes cast, re-
                                               of Puerto Rico to have referenda or plebiscites          plebiscites.                                           spectively. The results of the 1998 plebiscite
                                               on the statehood question. It would be foolish             The results were the following: to the first         were consistent with those of the 1993 plebi-
                                               and too expensive to have such a vote every              question which asked voters whether or not             scite, in which the Commonwealth option re-
                                               year, but certainly I would not object to having         Puerto Rico should maintain its current                ceived forty-eight point six percent (48.6%) of
                                               such a vote once every few years.                        form of political status, nine hundred sev-            the votes cast, whereas Statehood and Inde-
                                                                                                        enty thousand nine hundred ten (970,910),              pendence received forty-six point three per-
                                                  However, my main goal would be to make                that is, fifty-one point seven percent (51.7%)         cent (46.3%) and four point four percent
                                               sure that such a plebiscite be conducted in the          of the people voted ‘‘NO’’; whereas eight hun-         (4.4%) of the votes cast, respectively. The
                                               fairest way possible. I, and many, many oth-             dred twenty-eight thousand seventy-seven               only other event of this kind held since the
                                               ers, felt that the most recent plebiscite was            (828,077), that is, forty-four point one percent       establishment of the Commonwealth of
                                                                                                        (44.1%) of the people voted ‘‘YES.’’ However,          Puerto Rico in 1952, took place in 1967. In the
                                               skewed in a way to tilt the election toward
                                                                                                        a total of sixty-seven thousand two hundred            1967 plebiscite, the Commonwealth received
                                               statehood.                                               sixty-seven (67,267) voters cast a blank bal-          sixty point three percent (60.3%) of the votes
                                                 Now, I am told both the House of Rep-                  lot, which accounted for three point six per-          cast, while Statehood received thirty-nine
                                               resentatives and Senate of Puerto Rico have              cent (3.6%) of voters.                                 percent (39%).
                                               passed a resolution stating that the plebiscite            The second question asked voters to choose              Unfortunately, the preceding government
                                                                                                        from options that excluded the current polit-          administration in Puerto Rico whose term
                                               held on November 6, 2012 portrayed a false               ical status. Statehood received eight hun-             ended in December 2012, failed to sponsor a
                                               majority in favor of statehood and prevented             dred thirty-four thousand one hundred nine-            process that included the recommendations
                                               an accurate vote on the option of common-                ty-one (834,191), or forty-four point four per-        of the Task Force on Puerto Rico’s Status
                                               wealth status.                                           cent (44.4%) of the votes cast; Sovereign Free         appointed by President Barack Obama. Such
                                                                                                        Associated State received four hundred fifty-          Task Force proposed—on the Report released
                                                  I want to make absolutely sure that any fu-
                                                                                                        four thousand seven hundred sixty-eight                in March 2011—various methods to ask Puer-
                                               ture plebiscite on the question of statehood be          (454,768),