Proceedings, Debates of the U.S. Congress
May 23, 2013
113th Congress, 1st Session
Issue: Vol. 159, No. 74 — Daily Edition
Entire Issue (PDF)
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Daily Digest Section (PDF)
Thursday, May 23, 2013
Senate agreed to S. Con. Res. 17, Adjournment Resolution.
Asian/Pacific American Heritage Month:
Committee on the Judiciary was discharged from further consideration of S. Res. 129, recognizing the significance of May 2013 as Asian/Pacific American Heritage Month as an important time to celebrate the significant contributions of Asian Americans and Pacific Islanders to the history of the United States, and the resolution was then agreed to, after agreeing to the following amendment proposed thereto:
Reid (for Hirono) Amendment No. 1143, to amend the preamble.
Senate agreed to S. Res. 158, to authorize the production of records by the Permanent Subcommittee on Investigations of the Committee on Homeland Security and Governmental Affairs.
Senate agreed to S. Con. Res. 17, providing for a conditional adjournment or recess of the Senate and an adjournment of the House of Representatives.
Senate continued consideration of S. 954, to reauthorize agricultural programs through 2018, taking action on the following amendments proposed thereto:
By a unanimous vote of 94 yeas (Vote No. 138), Hagan Amendment No. 1031, to authorize the use of the insurance fund to reduce fraud and maintain program integrity in the crop insurance program.
By 59 yeas to 33 nays (Vote No. 139), Durbin/Coburn Amendment No. 953, to limit the amount of premium subsidy provided by the Federal Crop Insurance Corporation on behalf of any person or legal entity with an average adjusted gross income in excess of $750,000, with a delayed application of the limitation until completion of a study on the effects of the limitation.
By 27 yeas to 71 nays (Vote No 135), Sanders/Begich Amendment No. 965, to permit States to require that any food, beverage, or other edible product offered for sale have a label on indicating that the food, beverage, or other edible product contains a genetically engineered ingredient. (A unanimous-consent agreement was reached providing that the amendment, having failed to achieve 60 affirmative votes, the amendment was not agreed to.)
By 44 yeas to 52 nays (Vote No. 137), Feinstein/McCain Amendment No. 923, to prohibit the payment by the Federal Crop Insurance Corporation of any portion of the premium for a policy or plan of insurance for tobacco. (A unanimous-consent agreement was reached providing that the amendment, having failed to achieve 60 affirmative votes, the amendment was not agreed to.)
Stabenow (for Leahy) Amendment No. 998, to establish a pilot program for gigabit Internet projects in rural areas.
A unanimous-consent-time agreement was reached providing that the following amendments be in order: Moran Amendment No. 987; and Coons/Johanns Amendment No. 1079; that at 5:30 p.m., on Monday, June 3, 2013, Senate vote on or in relation to the two amendments in the order listed; that there be no second-degree amendments in order to either amendment prior to the votes; and that there be two minutes equally divided between the votes.
A unanimous-consent agreement was reached providing that at 4:00 p.m., on Monday, June 3, 2013, Senate resume consideration of the bill.
Coordinating Council on Juvenile Justice and Delinquency Prevention:
The Chair, on behalf of the Majority Leader, after consultation with the Republican Leader, pursuant to Public Law 93–415, as amended by Public Law 102–586, announced the appointment of the following individual to the Coordinating Council on Juvenile Justice and Delinquency Prevention: The Honorable Maura Corrigan of Michigan, vice Steven Jones.
: A unanimous-consent agreement was reached providing that from Friday, May 24, 2013 through Monday, June 3, 2013, Senators Levin and Rockefeller be authorized to sign duly enrolled bills or joint resolutions.
Authority for Committees--Agreement
: A unanimous-consent agreement was reached providing that notwithstanding the Senate's recess, committees be authorized to report legislative and executive matters on Tuesday, May 28, 2013, from 10:00 a.m. until 12:00 noon.
Authorizing Leadership to Make Appointments--Agreement
: A unanimous-consent agreement was reached providing that notwithstanding the upcoming recess or adjournment of the Senate, the President of the Senate, the President Pro Tempore, and the Majority and Minority Leaders be authorized to make appointments to commissions, committees, boards, conferences, or interparliamentary conferences authorized by law, by concurrent action of the two Houses, or by order of the Senate.
A unanimous-consent agreement was reached providing that the Senate adjourn, and convene for pro forma sessions only, with no business conducted on the following dates and times, and that following each pro forma session, the Senate adjourn until the next pro forma session: Friday, May 24, 2013 at 12:30 p.m.; Tuesday, May 28, 2013 at 12 p.m.; and Friday, May 31, 2013 at 12 p.m.; and that the Senate adjourn on Friday, May 31, 2013, until 2 p.m., on Monday, June 3, 2013, unless the Senate receives a message from the House of Representatives that it has adopted S. Con. Res. 17, providing for a conditional adjournment or recess of the Senate and an adjournment of the House of Representatives, and that if the Senate receives such a message, the Senate adjourn until 2 p.m., on Monday, June 3, 2013.
Senate confirmed the following nominations:
By a unanimous vote of 97 yeas (Vote No. EX. 136), Srikanth Srinivasan, of Virginia, to be United States Circuit Judge for the District of Columbia Circuit.
Mark A. Barnett, of Virginia, to be a Judge of the United States Court of International Trade.
Claire R. Kelly, of New York, to be a Judge of the United States Court of International Trade.
Deborah Kay Jones, of New Mexico, to be Ambassador to Libya.
James Knight, of Alabama, to be Ambassador to the Republic of Chad.
Michael Kenny O'Keefe, of the District of Columbia, to be an Associate Judge of the Superior Court of the District of Columbia for the term of fifteen years.
Robert D. Okun, of the District of Columbia, to be an Associate Judge of the Superior Court of the District of Columbia for the term of fifteen years.
4 Air Force nominations in the rank of general.
110 Army nominations in the rank of general.
2 Marine Corps nominations in the rank of general.
30 Navy nominations in the rank of admiral.
Routine lists in the Air Force, Army, Marine Corps, and Navy.
Senate received the following nominations:
Landya B. McCafferty, of New Hampshire, to be United States District Judge for the District of New Hampshire.
Brian Morris, of Montana, to be United States District Judge for the District of Montana.
Susan P. Watters, of Montana, to be United States District Judge for the District of Montana.
Zachary Thomas Fardon, of Illinois, to be United States Attorney for the Northern District of Illinois for the term of four years.
Kara Marlene Stein, of Maryland, to be a Member of the Securities and Exchange Commission for a term expiring June 5, 2017.
Michael Sean Piwowar, of Virginia, to be a Member of the Securities and Exchange Commission for a term expiring June 5, 2018.
Mark E. Schaefer, of California, to be Assistant Secretary of Commerce for Oceans and Atmosphere.
Ann Marie Buerkle, of New York, to be a Commissioner of the Consumer Product Safety Commission for a term of seven years from October 27, 2011.
James F. Entwistle, of Virginia, to be Ambassador to the Federal Republic of Nigeria.
Douglas Edward Lute, of Indiana, to be United States Permanent Representative on the Council of the North Atlantic Treaty Organization, with the rank and status of Ambassador.
Victoria Nuland, of Virginia, to be an Assistant Secretary of State (European and Eurasian Affairs).
Daniel A. Sepulveda, of Florida, for the rank of Ambassador during his tenure of service as Deputy Assistant Secretary of State for International Communications and Information Policy in the Bureau of Economic, Energy, and Business Affairs and U.S. Coordinator for International Communications and Information Policy.
William Ira Althen, of Virginia, to be a Member of the Federal Mine Safety and Health Review Commission for a term of six years expiring August 30, 2018.
Lafe E. Solomon, of Maryland, to be General Counsel of the National Labor Relations Board for a term of four years.
Chai Rachel Feldblum, of the District of Columbia, to be a Member of the Equal Employment Opportunity Commission for a term expiring July 1, 2018.
Daniel M. Tangherlini, of the District of Columbia, to be Administrator of General Services.
Katherine Archuleta, of Colorado, to be Director of the Office of Personnel Management for a term of four years.
John H. Thompson, of the District of Columbia, to be Director of the Census for the remainder of the term expiring December 31, 2016.
2 Air Force nominations in the rank of general.
3 Army nominations in the rank of general.
2 Navy nominations in the rank of admiral.
Routine lists in the Air Force, Army, Foreign Service, and Navy.
Messages from the House:
Measures Read the First Time:
Executive Reports of Committees:
Statements on Introduced Bills/Resolutions:
Authorities for Committees to Meet:
Five record votes were taken today. (Total--139)
Senate convened at 9:30 a.m. and adjourned at 6:33 p.m., until 12:30 p.m. on Friday, May 24, 2013. (For Senate's program, see the remarks of the Majority Leader in today's Record on page S3879.)
APPROPRIATIONS: DEPARTMENT OF AGRICULTURE AGENCIES
Committee on Appropriations:
Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies concluded a hearing to examine proposed budget estimates for fiscal year 2014 for various agencies within the Department of Agriculture, after receiving testimony from Darci Vetter, Acting Under Secretary, Farm and Foreign Agricultural Services, Ann Mills, Acting Under Secretary, Natural Resources and Environment, Doug O'Brien, Acting Under Secretary, Rural Development, and Michael Young, Budget Officer, all of the Department of Agriculture.
Committee on Commerce, Science, and Transportation:
Committee concluded a hearing to examine the nomination of Penny Pritzker, of Illinois, to be Secretary of Commerce, after the nominee, who was introduced by Senators Durbin and Kirk, testified and answered questions in her own behalf.
EXTRACTION OF GAS FROM SHALE
Committee on Energy and Natural Resources:
Committee concluded a hearing to examine the extraction of gas from shale, focusing on current practices within the industry and environmental concerns to be addressed, after receiving testimony from Tim Spisak, Deputy Assistant Director of Minerals and Realty Management, Bureau of Land Management, Department of the Interior; Stan Belieu, Nebraska Oil and Gas Conservation Commission Deputy Director, Sidney, on behalf of the Interstate Oil and Gas Compact Commission and the Ground Water Protection Council; Barry T. Smitherman, Texas Railroad Commission Chairman, Austin; Jack Williams, XTO Energy, Fort Worth, Texas; Chuck Davidson, Noble Energy, Inc., Alan Crain, Baker Hughes Incorporated, and Marc Edwards, Halliburton, all of Houston, Texas; Clay Bretches, Anadarko Petroleum Corporation, The Woodlands, Texas; David L. Porges, EQT Corporation, Pittsburgh, Pennsylvania; Mark Brownstein, Environmental Defense Fund US Climate and Energy Program, and Amy Mall, Natural Resources Defense Council, both of New York, New York; Deborah J. Nardone, Sierra Club Beyond Natural Gas Campaign, San Francisco, California; and Donald S. Garvin, Jr., West Virginia Environmental Council, Buckhannon.
Committee on Environment and Public Works:
Committee concluded a hearing to examine the nomination of Allison M. Macfarlane, of Maryland, to be a Member of the Nuclear Regulatory Commission, after the nominee, who was introduced by Senator Cardin, testified and answered questions in her own behalf.
UNITED STATES-EUROPEAN UNION ECONOMIC RELATIONS
Committee on Foreign Relations:
Committee concluded a hearing to examine United States-European Union economic relations, focusing on crisis and opportunity, after receiving testimony from Robert D. Hormats, Under Secretary of State for Economic Growth, Energy and the Environment; Lael Brainard, Under Secretary of the Treasury for International Affairs; and Jim Kolbe, The German Marshall Fund of the United States, and Douglas Rediker, Peterson Institute for International Economics, both of Washington, D.C.
IMPROVING RURAL FEDERAL HEALTH CARE
Committee on Homeland Security and Governmental Affairs:
Subcommittee on the Efficiency and Effectiveness of Federal Programs and the Federal Workforce concluded a hearing to examine improving Federal health care in rural America, focusing on developing the workforce and building partnerships, after receiving testimony from Robert A. Petzel, Under Secretary of Veterans Affairs for Health, Veterans Health Administration; Yvette Roubideaux, Acting Director, Indian Health Service, and Tom Morris, Associate Administrator, Office of Rural Health Policy, Health Resources and Services Administration, both of the Department of Health and Human Services; Matt Kuntz, National Alliance on Mental Illness (NAMI) Montana, Helena; and Ralph Ibson, Wounded Warrior Project, Washington, DC.
Committee on the Judiciary:
Committee ordered favorably reported the nominations of Charles R. Breyer, of California, Rachel Elise Barkow, of New York, and William H. Pryor, Jr., of Alabama, all to be a Member of the United States Sentencing Commission.
Committee on the Judiciary:
Committee concluded a hearing to examine the nominations of Derek Anthony West, of California, to be Associate Attorney General, Department of Justice, and Valerie E. Caproni, of the District of Columbia, who was introduced by Senator Gillibrand, and Vernon S. Broderick, both to be a United States District Judge for the Southern District of New York, after the nominees testified and answered questions in their own behalf.
Select Committee on Intelligence:
Committee held closed hearings on intelligence matters, receiving testimony from officials of the intelligence community.
Committee recessed subject to the call.
House of Representatives
There were no reports filed today.
Read a letter from the Speaker wherein he appointed Representative Yoder to act as Speaker pro tempore for today.
The prayer was offered by the guest chaplain, Pastor Frank Hampton, Jr., Church of God, Jackson, Michigan.
The House agreed to the Speaker's approval of the Journal by voice vote.
Smarter Solutions for Students Act:
The House passed H.R. 1911, to amend the Higher Education Act of 1965 to establish interest rates for new loans made on or after July 1, 2013, by a recorded vote of 221 ayes to 198 noes, Roll No. 183.
Rejected the Sinema motion to recommit the bill to the Committee on Education and the Workforce with instructions to report the same back to the House forthwith with an amendment, by a yea-and-nay vote of 194 yeas to 223 nays, Roll No. 182.
Pursuant to the rule, an amendment in the nature of a substitute consisting of the text of Rules Committee Print 113–12 shall be considered as adopted, in lieu of the amendment in the nature of a substitute recommended by the Committee on Education and the Workforce now printed in the bill.
H. Res. 232, the rule providing for consideration of the bill, was agreed to by a yea-and-nay vote of 224 yeas to 193 nays, Roll No. 181, after the previous question was ordered by a yea-and-nay vote of 224 yeas to 195 nays, Roll No. 180.
Agreed that when the House adjourns today, it adjourn to meet at 10 a.m. tomorrow.
National Council on the Arts--Appointment:
Read a letter from Representative Pelosi, Democratic Leader, in which she re-appointed Representative McCollum to the National Council on the Arts.
Message received from the Senate today appears on page H2926.
The House met at 9 a.m. and adjourned at 2:37 p.m.
Committee on Armed Services:
Subcommittee on Subcommittee on Tactical Air and Land Forces held a markup on H.R. 1960, the ``National Defense Authorization Act for Fiscal Year 2014''. The bill was forwarded, without amendment.
Subcommittee on Subcommittee on Readiness held a markup on H.R. 1960, the ``National Defense Authorization Act for Fiscal Year 2014''. The bill was forwarded, without amendment.
EXAMINING DRUG COMPOUNDING
Committee on Energy and Commerce:
Subcommittee on Health held a hearing entitled ``Examining Drug Compounding''. Testimony was heard from Janet Woodcock, M.D., Director, Center for Drug Evaluation and Research, Food and Drug Administration; and public witnesses.
Committee on Energy and Commerce:
Subcommittee on Commerce, Manufacturing, and Trade held a markup on H.R. 2052, the ``Global Investment in American Jobs Act of 2013''. Testimony was heard from Janet Woodcock, M.D., Director, Center for Drug Evaluation and Research, Food and Drug Administration; and public witnesses. The bill was forwarded, as amended.
Subcommittee on Commerce Manufacturing, and Trade held a markup on Wednesday, May 22, 2013 on the following bills: H.R. 2061, the ``Digital Accountability and Transparency Act of 2013''; H.R. 568, to amend titled 5, United States Code, to require that the Office of Personnel Management submit an annual report to Congress relating to the use of official time by Federal employees; H.R. 1380, the ``Access to Congressionally Mandated Reports Act''; H.R. 2067, the ``Alcohol and Tobacco Tax and Trade Bureau Personnel Flexibilities Act''; and H.R. 1171, the ``FOR VETS Act of 2013''. The following bills were forwarded, as amended: H.R. 2061; H.R. 568; and H.R. 1380. The following bills were forwarded, without amendment: H.R. 2067 and H.R. 1171.
Committee on Financial Services:
Subcommittee on Capital Markets and Government Sponsored Enterprises held a hearing on discussion drafts of the following legislation: H.R. 1135, the ``Burdensome Data Collection Act''; H.R. 1105, the ``Small Business Capital Access and Job Preservation Act''; and H.R. 1564, the ``Audit Integrity and Job Protection Act''; and legislation regarding Section 913 of the Dodd-Frank Act. Testimony was heard from public witnesses.
U.S.-MEXICO SECURITY COOPERATION: AN OVERVIEW OF THE MERIDA INITIATIVE 2008–PRESENT
Committee on Foreign Affairs:
Subcommittee on Western Hemisphere held a hearing entitled ``U.S.-Mexico Security Cooperation: An Overview of the Merida Initiative 2008–Present''. Testimony was heard from William R. Brownfield, Assistant Secretary, Bureau for International Narcotics and Law Enforcement Affairs, Department of State; John D. Feeley, Principal Deputy Assistant Secretary, Bureau of Western Hemisphere Affairs, Department of State; Elizabeth Hogan, Senior Deputy Assistant Administrator, Bureau for Latin America and the Caribbean, U.S. Agency for International Development; Clare R. Seelke, Specialist in Latin American Affairs, Congressional Research Service; and public witnesses.
DISTRICT OF COLUMBIA PAIN-CAPABLE UNBORN CHILD PROTECTION ACT
Committee on the Judiciary:
Subcommittee on The Constitution and Civil Justice held a hearing on H.R. 1797, the ``District of Columbia Pain-Capable Unborn Child Protection Act''. Testimony was heard from public witnesses.
Committee on Natural Resources:
Subcommittee on Water and Power held a hearing on H.R. 255, to amend certain definitions contained in the Provo River Project Transfer Act for purposes of clarifying certain property descriptions, and for other purposes; H.R. 745, to reauthorize the Water Desalination Act of 1996; and H.R. 1963, ``Bureau of Reclamation Conduit Hydropower Development Equity and Jobs Act''. Testimony was heard from Gary Kenney, Superintendent, Mancos Water Conservancy District, Mancos, Colorado; Robert Quint, Senior Advisor, Bureau of Reclamation; Kevin Wattier, General Manager, Long Beach Water Department, Long Beach, California; and public witnesses.
RESTORING U.S. LEADERSHIP IN WEATHER FORECASTING
Committee on Science, Space, and Technology:
Subcommittee on Environment held a hearing entitled ``Restoring U.S. Leadership in Weather Forecasting''. Testimony was heard from public witnesses.
BUILDING AMERICA: CHALLENGES FOR SMALL CONSTRUCTION CONTRACTORS
Committee on Small Business:
Subcommittee on Contracting and Workforce held a hearing entitled ``Building America: Challenges for Small Construction Contractors''. Testimony was heard from James C. Dalton, Chief of the Engineering and Construction Division, Directorate of Civil Works, Headquarters, United States Army Corp of Engineers; Jeanne Hulit, Associate Administrator of Capital Access, United States Small Business Administration; and pubic witnesses.
THE PRESIDENT'S AND OTHER BIPARTISAN ENTITLEMENTS REFORM PROPOSALS
Committee on Ways and Means:
Subcommittee on Social Security held a hearing on the President's and Other Bipartisan Entitlements Reform Proposals. Testimony was heard from public witnesses.
ONGOING INTELLIGENCE ACTIVITIES
House Permanent Select Committee on Intelligence:
Full Committee held a hearing entitled ``Ongoing Intelligence Activities''. This was a closed hearing.
No joint committee meetings were held.
No meetings/hearings scheduled.
No hearings are scheduled.
Program for Friday:
Senate will meet in pro forma session, unless the Senate receives a message that the House of Representatives has adopted S. Con. Res. 17, Adjournment Resolution.
Program for Friday:
The House will meet in pro forma session at 10 a.m.
Bachmann, Michele, Minn., E745
Barr, Andy, Ky., E741
Blackburn, Marsha, Tenn., E728
Boehner, John A., Ohio, E740
Boustany, Charles W., Jr., La., E735
Braley, Bruce L., Iowa, E743
Bridenstine, Jim, Okla., E744
Bucshon, Larry, Ind., E738
Burgess, Michael C., Tex., E740
Camp, Dave, Mich., E746
Capito, Shelley Moore, W.Va., E737, E738
Capuano, Michael E., Mass., E754
Carter, John R., Tex., E759
Cartwright, Matt, Pa., E734
Clyburn, James E., S.C., E743, E754
Coble, Howard, N.C., E738, E748
Coffman, Mike, Colo., E734, E761
Cohen, Steve, Tenn., E736
Connolly, Gerald E., Va., E756, E761
Conyers, John, Jr., Mich., E728
DeGette, Diana, Colo., E735
Duffy, Sean P., Wisc., E747
Ellison, Keith, Minn., E760
Ellmers, Renee L., N.C., E751
Engel, Eliot L., N.Y., E742
Farenthold, Blake, Tex., E740
Fincher, Stephen Lee, Tenn., E758
Fitzpatrick, Michael G., Pa., E736, E739
Frankel, Lois, Fla., E748, E758
Gardner, Cory, Colo., E728
Gingrey, Phil, Ga., E740, E741
Graves, Sam, Mo., E745
Grayson, Alan, Fla., E751
Green, Al, Tex., E730, E732
Griffin, Tim, Ark., E736
Hahn, Janice, Calif., E748, E755
Hall, Ralph M., Tex., E742, E743
Hartzler, Vicky, Mo., E729, E731
Hastings, Alcee L., Fla., E757, E761
Hensarling, Jeb, Tex., E736
Hudson, Richard, N.C., E727
Jackson Lee, Sheila, Tex., E750, E756
Johnson, Eddie Bernice, Tex., E758
Johnson, Henry C. ``Hank'', Jr., Ga., E741
Jones, Walter B., N.C., E757
Kind, Ron, Wisc., E744
King, Peter T., N.Y., E742
Latham, Tom, Iowa, E747, E748, E749, E752
Loebsack, David, Iowa, E747
Lujan Grisham, Michelle, N.M., E743, E749, E753, E756, E759
McCollum, Betty, Minn., E734
Maffei, Daniel B., N.Y., E742, E745
Marchant, Kenny, Tex., E760
Markey, Edward J., Mass., E754
Meehan, Patrick, Pa., E746
Mica, John L., Fla., E761
Miller, Candice S., Mich., E729
Miller, Gary G., Calif., E741
Miller, George, Calif., E733
Miller, Jeff, Fla., E746
Moore, Gwen, Wisc., E754
Moran, James P., Va., E731, E754
Mullin, Markwayne, Okla., E727
Nadler, Jerrold, N.Y., E732
Neal, Richard E., Mass., E732
Norton, Eleanor Holmes, D.C., E747
Olson, Pete, Tex., E749, E753, E755, E758, E761
Pelosi, Nancy, Calif., E729
Perlmutter, Ed, Colo., E727, E728, E729, E731, E732, E733, E734, E735, E736
Petri, Thomas E., Wisc., E750
Poe, Ted, Tex., E730, E744
Reed, Tom, N.Y., E743, E753
Rice, Tom, S.C., E741
Rogers, Mike, Ala., E739
Rokita, Todd, Ind., E734
Rothfus, Keith J, Fla., E753
Roybal-Allard, Lucille, Calif., E731
Ryan, Tim, Ohio, E744
Sarbanes, John P., Md., E754
Schneider, Bradley S., Ill., E744
Sessions, Pete, Tex., E746
Shuster, Bill, Pa., E727
Smith, Christopher H., N.J., E737, E738
Stivers, Steve, Ohio, E747, E751
Tsongas, Niki, Mass., E735
Van Hollen, Chris, Md., E753, E757
Walorski, Jackie, Ind., E737
Whitfield, Ed, Ky., E738
Williams, Roger, Tex., E742
Yarmuth, John A., Ky., E741
Young, C.W. Bill, Fla., E745