[Congressional Record (Bound Edition), Volume 159 (2013), Part 1] [Issue] [Pages 4-71] [From the U.S. Government Publishing Office, www.gpo.gov] [[Page 1]]VOLUME 159--PART 1 SENATE--Thursday, January 3, 2013 The third day of January being the day prescribed by the Constitution of the United States for the annual meeting of the Congress, the Senate assembled in its Chamber at the Capitol for the commencement of the 1st session of the 113th Congress and at 12:01 p.m. was called to order by the Vice President. The VICE PRESIDENT. The Chaplain will lead the Senate in prayer. ______ prayer The Chaplain, Dr. Barry C. Black, offered the following prayer: Let us pray. Eternal God, we thank You that we are more than conquerors because You love us. We praise You that today Your conquering Spirit has brought our beloved Senator Mark Kirk back to work in these hallowed Halls. We are grateful that nothing can separate us from Your love, neither death, nor life, nor heights, nor depths, nor any created thing. Give our Senators today spiritual, intellectual, and physical revitalization, infusing them with Your peace and power. Bless the lawmakers who will take the oath today. Fill them with Your Spirit so that their lives will honor You. We pray in Your merciful Name. Amen. ____________________ PLEDGE OF ALLEGIANCE The VICE PRESIDENT led the pledge of allegiance, as follows: I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. ____________________ CERTIFICATES OF APPOINTMENT AND ELECTION The VICE PRESIDENT. The Chair lays before the Senate one certificate of appointment to fulfill an unexpired term and the certificates of election of 33 Senators for 6-year terms beginning January 3, 2013. All certificates, the Chair is advised, are in the form suggested by the Senate or contain all the essential requirements of the form suggested by the Senate. If there is no objection, the reading of the certificates will be waived and they will be printed in full in the Record. There being no objection, the material was ordered to be printed in the Record as follows: The Commonwealth of Massachusetts To the President of the Senate of the United States: This is to certify that on the sixth day of November, two thousand and twelve Elizabeth A. Warren was duly chosen by the qualified electors of the Commonwealth of Massachusetts a Senator from said Commonwealth to represent said Commonwealth in the Senate of the United States for the term of six years, beginning on the third day of January, two thousand and thirteen. Witness: His Excellency, the Governor, Deval L. Patrick, and our seal hereto affixed at Boston, this twenty-eighth day of November in the year of our Lord two thousand and twelve. Deval L. Patrick, By His Excellency, the Governor. William F. Galvin, Secretary of the Commonwealth. [State Seal Affixed] ____ State of Wisconsin Office of the Governor CERTIFICATE OF ELECTION FOR A SIX-YEAR TERM, UNITED STATES SENATOR, NOVEMBER 6, 2012 To the President of the Senate of the United States: This is to certify that on the 6th day of November, 2012, Tammy Baldwin was duly chosen by the qualified electors of the State of Wisconsin a Senator from said State to represent said State in the Senate of the United States for the term of six years, beginning on the 3rd day of January, 2013. Witness: His excellency our governor Scott Walker, and our seal hereto affixed at Madison this 6th day of December 2012. By the Governor: Scott Walker, Governor. Douglas LaFollette, Secretary of State. [State Seal Affixed] ____ Wyoming Secretary of State Certificate of Election for Six-Year Term To the President of the Senate of the United States: This is to certify that on the 6th day of November 2012, John Barrasso was duly chosen by the qualified electors of the State of Wyoming, a Senator from said State to represent said State in the Senate of the United States for the term of six years, beginning on the 3rd day of January 2013. Witness: His Excellency our governor, Matthew H. Mead, and our seal hereto affixed at the Wyoming State Capitol, Cheyenne, Wyoming, this 15th day of November, in the year of our Lord 2012. By the governor: Matthew H. Mean, Governor. Max Maxfield, Secretary of State. [State Seal Affixed] ____ The State of Ohio Certificate of Election for Six-Year Term U.S. Senator To the President of the Senate of the United States: This is to certify that on the 6th day of November 2012, Sherrod Brown was duly chosen by the qualified electors of the State of Ohio a Senator from said State to represent said State in the Senate of the United States for the term of six years, beginning on the 3d day of January, 2013. Witness: His excellency our governor, and our seal hereto affixed at Columbus, Ohio, this 7th day of December, in the year of our Lord 2012. By the governor: John R. Kasich, Governor. Jon Husted, Secretary of State. [State Seal Affixed] ____ State of Washington Certificate of Election To the President of the Senate of the United States: This is to certify that at the General Election held in the state of Washington on the 6th day of November, 2012, Maria Cantwell was duly chosen by the qualified electors of the state of Washington as United States Senator from the State of Washington to represent the state of Washington in the Senate of the United States for the term of six years, beginning on the 3rd day of January, 2013. Witness: Her Excellency our Governor Christine Gregoire, and our seal hereto affixed at Olympia, Washington this 5th day of December, 2012. By the Governor: Christine Gregoire, Governor. Attest: [[Page 2]] Sam Reed, Secretary of State. [State Seal Affixed] ____ The State of Maryland Executive Department Annapolis, Maryland CERTIFICATE OF ELECTION FOR SIX-YEAR TERM To the President of the Senate of the United States: This is to certify that on the 6th day of November, 2012, Ben Cardin was duly chosen by the qualified electors of the State of Maryland a Senator from said State to represent said State in the Senate of the United States for the term of six years, beginning on the 3rd day of January, 2013. Witness: His Excellency our Governor Martin O'Malley and our seal hereto affixed at the City of Annapolis, this 12th day of December, in the Year of Our Lord 2012. By the Governor: Martin O'Malley, Governor. Attest: John P. McDonough, Secretary of State. [State Seal Affixed] ____ State of Delaware Executive Department Dover To All Persons To Whom These Presents Shall Come, Greetings: Whereas, an election was held in the State of Delaware, on Tuesday, the sixth day of November, in the year of our Lord two thousand twelve, that being the Tuesday next after the first Monday in said month, in accordance with the provisions of the Constitution and Laws of the State of Delaware, in that behalf for the purpose of choosing by ballot a Senator for the people of said State in the United States Senate for the term of six years commencing January 3, 2013. And Whereas, the official certificates or returns of said election, held in the several counties of the said State, in due manner made out, signed and executed, have been delivered to me according to the laws of the said State, by the Superior Court of said counties; and having examined said returns, and enumerated and ascertained the number of votes for each and every candidate or person voted for, for United States Senate, I have found Thomas R. Carper to be the person highest in vote, and therefore duly elected and chosen United States Senator of this State. I, The Said Jack A. Markell, GOVERNOR aforesaid, in accordance with the provisions of the Act of the General Assembly of this State in that behalf do hereby, therefore, declare, make known and certify that the said Thomas R. Carper has received the highest vote at the election aforesaid and therefore is the legally elected United States Senator for the State of Delaware. Given Under My Hand and the Great Seal of the said State, the 5th day of December in the year of our Lord two thousand twelve and in the year of the Independence of the United States of America two hundred thirty-seven. By the Governor: Jack A. Markell, Governor. Jeffrey W. Bullock, Secretary of State. [State Seal Affixed] ____ Commonwealth of Pennsylvania Governor's Office December 10, 2012 To the President of the Senate of the United States: This is to certify that on the sixth day of November, 2012, Bob Casey, Jr. was duly chosen by the qualified electors of the Commonwealth of Pennsylvania as a United States Senator to represent Pennsylvania in the Senate of the United States for a term of six years, beginning on the third day of January, 2013. Witness: His excellency our Governor, Tom Corbett, and our seal hereto affixed at Harrisburg this tenth day of December, in the year of our Lord, 2012. Tom Corbett, Governor. Carol Aichele, Secretary of the Commonwealth. [State Seal Affixed] ____ State of Tennessee Certificate of Election for Six-Year Term To the President of the Senate of the United States: This is to certify, that on the sixth day of November, 2012, Bob Corker was duly chosen by the qualified electors of the State of Tennessee a Senator from said State to represent said State in the Senate of the United States for the term of six years, beginning on the third day of January, 2013. Witness: His Excellency our Governor, Bill Haslam, and our seal hereto affixed at Nashville this fifth day of December, in the Year of our Lord, Two Thousand Twelve. By the Governor: Bill Haslam, Governor. Tre Hargett, Secretary of State. [State Seal Affixed] ____ State of Texas CERTIFICATE OF ELECTION FOR SIX-YEAR TERM To the President of the Senate of the United States: This is to certify that on the 6th day of November, 2012, Ted Cruz was duly chosen by the qualified electors of the State of Texas, a Senator from said State to represent said State in the Senate of the United States for the term of six years, beginning on the 3rd day of January, 2013. Witness: His excellency our governor Rick Perry, and our seal hereto affixed at Austin, Texas this 6th day of December, in the year of our Lord 2012. In Testimony Whereof, I have hereto signed my name and have officially caused the Seal of State to be affixed at my Office in the City of Austin, Texas, this the 6th day of December, 2012. By the Governor: Rick Perry, Governor. Attest: John Steen, Secretary of State. [State Seal Affixed] ____ The State of Indiana Certificate of Election for a Six-Year Term To the President of the Senate of the United States: Be it known by these presents: Whereas, according to certified statements submitted by the Circuit Court Clerks of the several counties to the Election Division of the Office of the Secretary of State of Indiana, and based upon tabulation of those statements performed by the Election Division, the canvass prepared by the Election Division states that at the General Election conducted on the sixth day of November, 2012, the electors chose Joe Donnelly to serve the People of the State of Indiana as United States Senator from Indiana. Now, Therefore, in the Name of and by the Authority of the State of Indiana, I Certify the Following in Accordance With Title 2 United States Code Section 1: This is to certify that on the sixth day of November 2012, Joe Donnelly was duly chosen by the qualified electors of the State of Indiana a Senator from said State to represent said State in the Senate of the United States for the term of six years, beginning on the 3rd day of January, 2013. Witness: His excellency our Governor Mitchell E. Daniels, Jr, and our seal hereto affixed at Indianapolis, this the twenty-eighth day of November, in the year of our Lord 2012, By the Governor: Mitch Daniels, Jr., Governor. Attest: Connie Lawson, Secretary of State. [State Seal Affixed] ____ State of California Executive Department certificate of election for six-year term To the President of the Senate of the United States of America: This is to certify that on the 6th day of November, 2012, Dianne Feinstein was duly chosen by the qualified electors of the State of California as a Senator from said State to represent said State in the Senate of the United States for the term of six years, beginning on the 3rd day of January, 2013. In Witness Whereof I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 15th day of December 2012. Edmund G. Brown, Jr., Governor of California. Attest: Debra Bowen, Secretary of State. [State Seal Affixed] ____ State of Nebraska CERTIFICATION OF ELECTION FOR SIX-YEAR TERM To the President of the Senate of the United States: This is to certify that on the 6th day of November, 2012 Deb Fischer was duly chosen by the qualified electors of the State of Nebraska a Senator from said State to represent said State in the Senate of the United States for the term of six years, beginning on the 3rd day of January, 2013. Witness: His excellency our governor Dave Heineman, and our seal hereto affixed at 2:30 p.m. this 3rd day of December, in the year of our Lord 2012. By the Governor: Dave Heineman, Governor. John A. Gale, Secretary of State. [State Seal Affixed] ____ [[Page 3]] State of Arizona Department of State Certificate of Election for Six-Year Term To the President of the Senate of the United States: This is to certify that on the 6th day of November 2012, Jeff Flake was duly chosen by the qualified electors of the State of Arizona a Senator from said State to represent said State in the Senate of the United States for the term of six years, beginning the 3rd day of January 2013. Witness: His excellency the Acting Governor of Arizona, and the Great Seal of the State of Arizona hereto affixed at the Capitol in Phoenix this 3rd day of December 2012. Ken Bennett, Acting Governor. Jim Drake, Acting Secretary of State. [State Seal Affixed] ____ State of New York Executive Chamber To the President of the Senate: This is to certify that on the sixth day of November, two thousand twelve, Kirsten E. Gillibrand was duly chosen by the qualified electors of the State of New York a Senator from said State to represent the State in the Senate of the United States for the term of six years, beginning on the third day of January, two thousand thirteen. Witness: His excellency our Governor Andrew M. Cuomo and our seal hereto affixed at Albany, New York, this tenth day of December in the year two thousand twelve. By the Governor: Andrew Cuomo, Cesar A. Perales, Secretary of State. [State Seal Affixed] ____ State of Utah Office of the Lieutenant Governor To the President of the Senate of the United States: This is to certify that on the sixth day of November, 2012, Orrin G. Hatch was duly chosen by the qualified electors of the State of Utah a Senator from said State to represent said State in the Senate of the United States for the term of six years, beginning on the 3rd day of January, 2013. Witness: His excellency our governor Gary R. Herbert, and our seal hereto affixed at Salt Lake City, this 26th day of November, in the year of our Lord 2012. Gary R. Herbert, Governor. Greg Bell, Lieutenant Governor. [State Seal Affixed] ____ The Canvassing Board of the State of New Mexico Certificate of Election for Six-Year Term To the President of the Senate of the United States: This is to certify that on the 6th day of November, 2012, Martin T. Heinrich was duly chosen by the qualified electors of the State of New Mexico a Senator from said State to represent said State in the Senate of the United States for the term of six years, beginning on the 3rd day of January, 2013. Witness: Her excellency our Governor Susana Martinez and our seal hereto affixed at Santa Fe this 7th day of December, in the year of our Lord 2012. Susana Martinez, Governor. Dianna J. Duran, Secretary of State. [State Seal Affixed] ____ State of North Dakota Secretary of State CERTIFICATE OF ELECTION FOR SIX-YEAR TERM To the President of the Senate of the United States: This is to certify that on the 6th day of November 2012, Heidi Heitkamp was duly chosen by the qualified electors of the State of North Dakota a Senator from said State to represent said State in the Senate of the United States for the term of six years, beginning on the 3rd day of January 2013. In witness whereof, we have set our hands in the Capitol City of Bismarck this 9th day of November 2012, and affixed the Great Seal of the State of North Dakota. Jack Dalrymple, Governor. Alvin A. Jaeger, Secretary of State. Penny Miller Clerk of the Supreme Court Member State Canvassing Board. [State Seal Affixed] ____ State of Nevada Executive Department CERTIFICATE OF ELECTION FOR SIX-YEAR TERM To the President of the Senate of United States: This is to certify that on Tuesday, the sixth day of November, 2012, Dean Heller was duly chosen by the qualified electors of the State of Nevada a Senator from said State to represent said State in the Senate of the United States for the term of six years, beginning on the 3rd day of January, 2013. Now, therefore, I Brian Sandoval, Governor of the State of Nevada, by the authority vested in me by the Constitution and laws thereof, and do hereby Commission him, the said Dean Heller, as a Member of the United States Senate, and authorize him to discharge the duties of said office according to law, and to hold and enjoy the same, together with all powers, privileges and emoluments thereunto appertaining. In Testimony Thereof, I have hereunto set my hand and caused the Great Seal of the State of Nevada to be affixed at the State Capitol at Carson City, Nevada on this 10th day of December, two thousand twelve. Brian Sandoval, Governor of the State of Nevada. Ross Muler, Secretary of the State of Nevada. [State Seal Affixed] ____ State of Hawaii Certificate of Election for Six-Year Term To the President of the Senate of the United States: This is to certify that on the sixth day of November, 2012, Mazie Hirono was duly chosen by the qualified election of the State of Hawaii a Senator from said State to represent said State in the Senate of the United States for the term of six years, beginning at noon on the 3rd day of January 2013. Witness: His excellency our governor, Neil Abercrombie, and our seal hereto affixed at Honolulu this 26th day of November, in the year of our Lord 2012. By the Governor: Neil Abercrombie, Governor. Scott T. Nago, Chief Election Officer. [State Seal Affixed] ____ The Commonwealth of Virginia CERTIFICATE OF ELECTION FOR SIX-YEAR TERM To the President of the Senate of the United States: This is to certify that on the 6th day of November, 2012, Timothy Kaine was duly chosen by the qualified electors of the Commonwealth of Virginia to represent said State in the Senate of the United States for the term of six years, beginning on the 3rd day of January, 2013. Witness: His Excellency our Governor Robert F. McDonnell and our seal hereto affixed at Richmond, Virginia, this 12th day of December, in the year of our Lord, 2012. Robert F. McDonnell, Governor of Virginia. Janet Vestal Kelly, Secretary of the Commonwealth. [State Seal Affixed] ____ State of Maine Greeting: To the President of the Senate of the United States: Know Ye, That This is to certify that on the sixth day of November in the year Two Thousand and Twelve, Angus King was duly chosen by the qualified electors of the State of Maine, a Senator from said State to represent said State in the Senate of the United States for the term of six years, beginning on the third day of January, in the year Two Thousand and thirteen. Witness: His excellency our Governor, Paul R. LePage, and our seal hereto affixed at Augusta, Maine this twenty-ninth day of November, in the year of our Lord Two Thousand and Twelve. By the Governor: Paul R. LePage, Governor. Charles E. Summers, Jr., Secretary of State. [State Seal Affixed] ____ State of Minnesota Mark Dayton Governor CERTIFICATE OF ELECTION FOR SIX-YEAR TERM To the President of the Senate of the United States: This is to certify that on the sixth day of November, 2012, Amy Klobuchar was duly chosen by the qualified electors of the State of Minnesota a Senator from said State to represent said State in the Senate of the United States for the term of six years, beginning on the 3rd day of January, 2013. Witness: His excellency our governor Mark Dayton, and our seal hereto affixed at Saint Paul, Minnesota this 10th day of December, in the year of our Lord 2012. By the Governor: Mark Dayton, Governor. Mark Ritchie, Secretary of State. [State Seal Affixed] ____ State of West Virginia CERTIFICATE OF ELECTION FOR SIX-YEAR TERM To the President of the Senate of the United States: This is to certify that on the sixth day of November, Two Thousand Twelve, Joe [[Page 4]] Manchin III was duly chosen by the qualified electors of the State of West Virginia, a Senator from said State to represent said State in the Senate of the United States for the term of six years beginning on the third day of January, Two Thousand Thirteen. Witness: His excellency our Governor, Earl Ray Tomblin, and our seal hereto affixed at Charleston this tenth day of December, in the year of our Lord, Two Thousand Twelve. By the Governor: Earl Ray Tomblin, Governor. Natalie Tennant, Secretary of State. [State Seal Affixed] ____ State of Missouri Governor of Missouri CERTIFICATE OF ELECTION FOR SIX-YEAR TERM To the President of the Senate of the United States: This is to certify that on the 6th day of November, 2012, Claire McCaskill was duly chosen by the qualified electors of the State of Missouri a Senator from said State to represent said State in the Senate of the United States for the term of six years, beginning on the 3rd day of January, 2013. Witness: His Excellency our Governor Jeremiah W. (Jay) Nixon, and our seal hereto affixed at the City of Jefferson this 10th day of December, in the year of our Lord 2012. By the Governor: Jeremiah W. (Jay) Nixon, Governor. Robin Carnahan, Secretary of State. [State Seal Affixed] ____ State of New Jersey CERTIFICATE OF ELECTION Trenton, New Jersey To the President of the Senate of the United States: This is to certify that on the sixth day of November 2012, Robert Menendez, was duly chosen by the qualified electors of the State of New Jersey, a Senator from said State to represent said State in the Senate of the United States for the term of six years, beginning on the third day of January, 2013. Given, under my hand and the Great Seal of the State of New Jersey, this seventh day of December two thousand and twelve. By the Governor: Chris Christie, Governor. Attest: Kimberly M. Guadagno, LT. Governor/Secretary of State. [State Seal Affixed] ____ State of Connecticut Executive Department This is to Certify that on the sixth day of November, two thousand and twelve Christopher S. Murphy was duly chosen by the qualified electors of the State of Connecticut as Senator from said State to represent said State in the Senate of the United States for the term of six years, beginning on the third day of January two thousand and thirteen. Witness: His Excellency our Governor, Daniel P. Malloy and our seal hereto affixed at Hartford, this thirteenth day of December, in the year of our Lord two thousand twelve. Denise Merrill, Secretary of the State. Daniel P. Malloy, Governor. [State Seal Affixed] ____ State of Florida CERTIFICATE OF ELECTION FOR SIX-YEAR TERM To the President of the Senate of the United States: This is to certify that on the 6th day of November, 2012, Bill Nelson was duly chosen by the qualified electors of the State of Florida from said State to represent said State in the Senate of the United States for the term of six years, beginning on the 3d day of January, 2013. Witness: His excellency our governor, Rick Scott, and our seal hereto affixed at Tallahassee, the Capital, this 20th day of November, in the year of our Lord 2012. By the Governor: Rick Scott, Governor. Ken Detzner, Secretary of State. [State Seal Affixed] ____ State of Vermont Office of the Governor CERTIFICATE OF ELECTION FOR SIX-YEAR TERM To The President of the Senate of the United States: This is to certify that on the 6th day of November, 2012, Bernie Sanders was duly chosen by the qualified electors of the State of Vermont to be a Senator from Vermont to represent Vermont in the Senate of the United States for the term of six years, beginning on the 3rd day of January, 2013. Witness: Governor Peter Shumlin this 13th day of December, 2012. Peter Shumlin, Governor. Jim Condos, Secretary of State. [State Seal Affixed] ____ State of South Carolina Certificate of Appointment To the President of the Senate of the United States: This is to certify that, pursuant to the power vested in me by the Constitution of the United States and the laws of the State of South Carolina, I, Nikki Randhawa Haley, the governor of said State, do hereby appoint Timothy Eugene Scott a Senator from said State to represent said State in the Senate of the United States until the vacancy therein caused by the resignation of James Warren DeMint, is filled by election provided by law. Witness: Her excellency our governor, Nikki Randhawa Haley, and our seal hereto affixed at the capitol in the City of Columbia, State of South Carolina this 2nd day of January, in the year of our Lord 2013. By the Governor: Nikki Haley, Governor. Mark Hammond, Secretary of State. [State Seal Affixed] ____ State of Michigan Executive Office CERTIFICATE OF ELECTION FOR SIX-YEAR TERM To the President of the Senate of the United States: This is to certify that on the 6th day of November, 2012, Debbie Stabenow was duly chosen by the qualified electors of the State of Michigan a Senator from said State to represent said State in the Senate of the United States for the term of six years, beginning on the 3rd day of January, 2013. Given under my hand and the Great Seal of the state of Michigan this 6th day of December, in the Year of our Lord Two Thousand Twelve. By the Governor: Richard D. Snyder, Governor. Ruth Johnson, Secretary of State. [State Seal Affixed] ____ In the Name and by the Authority of the State of Montana CERTIFICATE OF ELECTION FOR SIX-YEAR TERM TO THE UNITED STATES SENATE I, Linda McCulloch, Secretary of State of the State of Montana, do hereby certify that Jon Tester was duly chosen on November 6th, 2012, by the qualified electors of the State of Montana as a United States Senator from said State to represent said State in the United States Senate. The six- year term commences on January 3rd, 2013. Witness: His Excellency our Governor Brian Schweitzer, and the official seal hereunto affixed at the City of Helena, the Capital, this 28th day of November, in the year of our Lord 2012. By the Governor: Brian Schweitzer Governor. Attest: Linda McCulloch, Secretary of State. [State Seal Affixed] ____ State of Rhode Island and Providence Plantations State House, CERTIFICATE OF ELECTION To the President of the Senate of the United States: This is to certify that on the 6th day of November, 2012, Sheldon Whitehouse was duly chosen by the qualified electors of the State of Rhode Island and Providence Plantations a Senator from said State to represent said State in the Senate of the United States for the term of six years, beginning on the 3rd day of January, 2013. Witness: His Excellency our governor Lincoln D. Chafee, and our seal hereto affixed at Providence this 7th day of December, in the year of our Lord 2012. By the governor: Lincoln D. Chafee, Governor. A. Ralph Mollis, Secretary of State [State Seal Affixed] ____ State of Mississippi Office of the Governor To the President of the Senate of the United States: In the name of the State of Mississippi, I, Phil Bryant, acting under the authority vested in the Governor, upon proper evidence received at the Office of the Secretary of State, do hereby certify that on the 6th day of November, Two Thousand Twelve Roger F. Wicker was duly chosen by the qualified electors of the State of Mississippi a SENATOR from this State to represent the State of Mississippi in the Senate of the United States for the term of six years, beginning on the 3rd day of January, Two Thousand Thirteen. Given Under My Hand, and our seal affixed hereto, at the City of Jackson, this the 3rd day of December in the year of our Lord, Two Thousand Twelve. [[Page 5]] Attest: Phil Bryant, Governor. C. Delbert Hosemann, Jr., Secretary of State. [State Seal Affixed] ____________________ ADMINISTRATION OF OATH OF OFFICE The VICE PRESIDENT. If the Senators to be sworn in will now present themselves at the desk in groups of four as their names are called in alphabetical order, the Chair will administer the oath of office. The clerk will read the names of the first group. The legislative clerk (Kathleen Alvarez Tritak) called the names of Ms. Baldwin of Wisconsin, Mr. Barrasso of Wyoming, Mr. Brown of Ohio, Ms. Cantwell of Washington. These Senators, escorted by Mr. Kohl, Mr. Johnson of Wisconsin, Mr. Enzi, Mr. Portman, Mr. Glenn, and Mrs. Murray, respectively, advanced to the desk of the Vice President; the oath prescribed by law was administered to them by the Vice President; and they severally subscribed to the oath in the Official Oath Book. The VICE PRESIDENT. Congratulations, Senators. (Applause, Senators rising.) The VICE PRESIDENT. The clerk will call the names of the next group. The legislative clerk called the names of Mr. Cardin of Maryland, Mr. Carper of Delaware, Mr. Casey of Pennsylvania, and Mr. Corker of Tennessee. These Senators, escorted by Mr. Sarbanes, Mr. Tydings, Ms. Mikulski, Mr. Coons, Mr. Wofford, Mr. Toomey, and Mr. Alexander, respectively, advanced to the desk of the Vice President; the oath prescribed by law was administered to them by the Vice President; and they severally subscribed to the oath in the Official Oath Book. The VICE PRESIDENT. Congratulations, Senators. (Applause, Senators rising.) The VICE PRESIDENT. The clerk will call the names of the next group. The legislative clerk called the names of Mr. Cruz of Texas, Mr. Donnelly of Indiana, Mrs. Feinstein of California, and Mrs. Fischer of Nebraska. These Senators, escorted by Mr. Cornyn, Mr. Lugar, Mr. Evan Bayh, Mr. Birch Bayh, Mrs. Boxer, Mr. Johanns, Mr. Karnes, respectively, advanced to the desk of the Vice President; the oath prescribed by law was administered to them by the Vice President; and they severally subscribed to the oath in the Official Oath Book. The VICE PRESIDENT. Congratulations, Senators. (Applause, Senators rising.) The VICE PRESIDENT. The clerk will call the names of the next group of Senators. The legislative clerk called the names of Mr. Flake of Arizona, Mrs. Gillibrand of New York, Mr. Hatch of Utah, Mr. Heinrich of New Mexico. These Senators, escorted by Mr. McCain, Mr. Kyl, Mr. Schumer, Mr. Lee, Mr. Bingaman, and Mr. Udall of New Mexico, respectively, advanced to the desk of the Vice President; the oath prescribed by law was administered to them by the Vice President; and they severally subscribed to the oath in the Official Oath Book. The VICE PRESIDENT. Congratulations, Senators. (Applause, Senators rising.) The VICE PRESIDENT. The clerk will call the names of the next group. The legislative clerk called the names of Ms. Heitkamp of North Dakota, Mr. Heller of Nevada, Ms. Hirono of Hawaii, and Mr. Kaine of Virginia. These Senators, escorted by Mr. Conrad, Mr. Dorgan, Mr. Reid, Mrs. Murray, Mr. Webb, and Mr. Warner, respectively, advanced to the desk of the Vice President; the oath prescribed by law was administered to them by the Vice President; and they severally subscribed to the oath in the Official Oath Book. The VICE PRESIDENT. Congratulations, Senators. (Applause, Senators rising.) The VICE PRESIDENT. The clerk will call the names of the next group. The legislative clerk called the names of Mr. King of Maine, Ms. Klobuchar of Minnesota, Mr. Manchin of West Virginia, and Mrs. McCaskill of Missouri. These Senators, escorted by Ms. Collins, Vice President Mondale, Mr. Franken, Mr. Rockefeller, Mrs. Carnahan, and Mr. Blunt, respectively, advanced to the desk of the Vice President; the oath prescribed by law was administered to them by the Vice President; and they severally subscribed to the oath in the Official Oath Book. The VICE PRESIDENT. Congratulations, Senators. (Applause, Senators rising.) The VICE PRESIDENT. The clerk will call the names of the next group. The legislative clerk called the names of Mr. Menendez of New Jersey, Mr. Murphy of Connecticut, Mr. Nelson of Florida, and Mr. Sanders of Vermont. These Senators, escorted by Mr. Reid, Mr. Blumenthal, Mr. Rubio, and Mr. Leahy, respectively, advanced to the desk of the Vice President; the oath prescribed by law was administered to them by the Vice President; and they severally subscribed to the oath in the Official Oath Book. The VICE PRESIDENT. Congratulations, Senators. (Applause, Senators rising.) The VICE PRESIDENT. The clerk will call the names of the next group. The legislative clerk called the names of Mr. Scott of South Carolina, Ms. Stabenow of Michigan, Mr. Tester of Montana, and Ms. Warren of Massachusetts. These Senators, escorted by Mr. Graham, Mr. DeMint, Mr. Levin, Mr. Baucus, and Mr. Kerry, respectively, advanced to the desk of the Vice President; the oath prescribed by law was administered to them by the Vice President; and they severally subscribed to the oath in the Official Oath Book. The VICE PRESIDENT. Congratulations, Senators. (Applause, Senators rising.) The VICE PRESIDENT. The clerk will call the names of the next group of Senators. The legislative clerk called the names of Mr. Whitehouse of Rhode Island and Mr. Wicker of Mississippi. These Senators, escorted by Mr. Reed, Mr. Cochran, and Mr. Cardin, respectively, advanced to the desk of the Vice President; the oath prescribed by law was administered to them by the Vice President; and they severally subscribed to the oath in the Official Oath Book. The VICE PRESIDENT. Congratulations, Senators. (Applause, Senators rising.) The VICE PRESIDENT. The majority leader. Mr. REID. Mr. President, I note the absence of a quorum and ask the clerk to call the roll. The VICE PRESIDENT. The absence of a quorum having been suggested, the clerk will call the roll. The legislative clerk proceeded to call the roll, and the following Senators entered the Chamber and answered to their name: [Quorum No. 1 Leg.] Alexander Baldwin Barrasso Baucus Bennet Blumenthal Blunt Boozman Boxer Brown Cantwell Cardin Carper Casey Cochran Collins Coons Corker Cornyn Cruz Donnelly Durbin Enzi Feinstein Fischer Flake Franken Gillibrand Graham Grassley Hagan Hatch Heinrich Heitkamp Heller Hirono Hoeven Isakson Johanns Johnson (WI) Kaine Kerry King Kirk Klobuchar Landrieu Leahy Lee Levin Manchin McCain McCaskill McConnell Menendez Merkley Mikulski Murphy Murray Nelson Portman Pryor Reed Reid Risch Roberts Rockefeller Rubio Sanders Schatz Schumer Scott Sessions Shaheen Shelby Stabenow Tester Thune Toomey Udall (NM) Warner Warren Whitehouse Wicker Wyden The VICE PRESIDENT. A quorum is present. List of Senators by State Alabama--Jeff Sessions and Richard C. Shelby [[Page 6]] Alaska--Mark Begich and Lisa Murkowski Arizona--Jeff Flake and John McCain Arkansas--John Boozman and Mark L. Pryor California--Barbara Boxer and Dianne Feinstein Colorado--Michael F. Bennet and Mark Udall Connecticut--Richard Blumenthal and Christopher Murphy Delaware--Thomas R. Carper and Christopher A. Coons Florida--Bill Nelson and Marco Rubio Georgia--Saxby Chambliss and Johnny Isakson Hawaii--Mazie Hirono and Brian Schatz Idaho--Mike Crapo and James Risch Illinois--Richard J. Durbin and Mark Kirk Indiana--Daniel Coats and Joe Donnelly Iowa--Chuck Grassley and Tom Harkin Kansas--Jerry Moran and Pat Roberts Kentucky--Mitch McConnell and Rand Paul Louisiana--Mary L. Landrieu and David Vitter Maine--Susan M. Collins and Angus King Maryland--Benjamin L. Cardin and Barbara A. Mikulski Massachusetts--John F. Kerry and Elizabeth Warren Michigan--Carl Levin and Debbie Stabenow Minnesota--Al Franken and Amy Klobuchar Mississippi--Thad Cochran and Roger F. Wicker Missouri--Roy Blunt and Claire McCaskill Montana--Max Baucus and Jon Tester Nebraska--Deb Fischer and Mike Johanns Nevada--Dean Heller and Harry Reid New Hampshire--Kelly Ayotte and Jeanne Shaheen New Jersey--Frank R. Lautenberg and Robert Menendez New Mexico--Martin Heinrich and Tom Udall New York--Kirsten E. Gillibrand and Charles E. Schumer North Carolina--Richard Burr and Kay R. Hagan North Dakota--Heidi Heitkamp and John Hoeven Ohio--Sherrod Brown and Rob Portman Oklahoma--Tom Coburn and James M. Inhofe Oregon--Jeff Merkley and Ron Wyden Pennsylvania--Robert P. Casey, Jr. and Patrick J. Toomey Rhode Island--Jack Reed and Sheldon Whitehouse South Carolina--Lindsey Graham and Tim Scott South Dakota--Tim Johnson and John Thune Tennessee--Lamar Alexander and Bob Corker Texas--John Cornyn and Ted Cruz Utah--Orrin Hatch and Mike Lee Vermont--Patrick J. Leahy and Bernard Sanders Virginia--Mark R. Warner and Tim Kaine Washington--Maria Cantwell and Patty Murray West Virginia--Joe Manchin, III and John D. Rockefeller, IV Wisconsin--Tammy Baldwin and Ron Johnson Wyoming--John Barrasso and Michael B. Enzi ____________________ RECOGNITION OF THE MAJORITY LEADER The VICE PRESIDENT. The majority leader is recognized. ____________________ ORDER OF BUSINESS Mr. REID. Mr. President, I have a number of housekeeping matters I need to take care of with Senator McConnell. Senators are welcome to stay, but I know there are a lot of things going on today--receptions and things of that nature. We are not going to have speeches today. We will have plenty of time to do that at a subsequent time. I doubt we will have any votes. There may be a need for one rollcall vote later on. We will see what happens after the House takes action today, but I hope that is not the case. So having said that, people are welcome to stay or to leave. ____________________ INFORMING THE PRESIDENT OF THE UNITED STATES THAT A QUORUM OF EACH HOUSE IS ASSEMBLED Mr. REID. Mr. President, I have a resolution at the desk, and I ask that it now be considered. The VICE PRESIDENT. The clerk will report the resolution by title. The legislative clerk read as follows: A resolution (S. Res. 1) informing the President of the United States that a quorum of each House is assembled. The PRESIDENT pro tempore. Without objection, the resolution is considered and agreed to. The resolution (S. Res. 1) reads as follows: S. Res. 1 Resolved, That a committee consisting of two Senators be appointed to join such committee as may be appointed by the House of Representatives to wait upon the President of the United States and inform him that a quorum of each House is assembled and that the Congress is ready to receive any communication he may be pleased to make. The PRESIDENT pro tempore. Can we have order. The majority leader. Mr. REID. Mr. President, even though I suggested people need not stay, I would appreciate they be quiet. The PRESIDENT pro tempore. There will be order in the Senate and in the galleries. The Senate will be in order so the majority leader can be heard. Mr. REID. I do not like to complain, Mr. President, but all the noise is coming from the Democratic side so---- The PRESIDENT pro tempore. Will the Democratic side be in order. Mr. REID. Mr. President, I move to reconsider the vote by which the resolution was agreed to. Mr. McCONNELL. Mr. President, I move to lay that motion on the table. The motion to lay on the table was agreed to. The PRESIDENT pro tempore. Pursuant to S. Res. 1, the Chair appoints the Senator from Nevada, Mr. Reid, and the Senator from Kentucky, Mr. McConnell, as a committee to join the committee on the part of the House of Representatives to wait upon the President of the United States and inform him that a quorum is assembled and that the Congress is ready to receive any communication he may be pleased to make. ____________________ INFORMING THE HOUSE OF REPRESENTATIVES THAT A QUORUM OF THE SENATE IS ASSEMBLED Mr. REID. Mr. President, I have a resolution at the desk, and I ask that it now be considered. The PRESIDENT pro tempore. The clerk will report the resolution by title. The legislative clerk read as follows: A resolution (S. Res. 2) informing the House of Representatives that a quorum of the Senate is assembled. The PRESIDENT pro tempore. Without objection, the resolution is considered and agreed to. The resolution (S. Res. 2) reads as follows: S. Res. 2 Resolved, That the Secretary inform the House of Representatives that a quorum of the Senate is assembled and that the Senate is ready to proceed to business. Mr. REID. Mr. President, I move to reconsider the vote by which the resolution was agreed to. Mr. McCONNELL. I move to lay that motion on the table. The motion to lay on the table was agreed to. ____________________ PROVIDING FOR THE COUNTING OF ELECTORAL VOTES FOR PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES Mr. REID. Mr. President, I have a concurrent resolution at the desk, and I ask that it now be considered. The PRESIDENT pro tempore. The clerk will report the concurrent resolution by title. The legislative clerk read as follows: A concurrent resolution (S. Con. Res. 1) to provide for the counting on January 4, 2013, of the electoral votes for President and Vice President of the United States. The PRESIDENT pro tempore. Without objection, the concurrent resolution is considered and agreed to. The concurrent resolution (S. Con. Res. 1) reads as follows: S. Con. Res. 1 Resolved by the Senate (the House of Representatives concurring), That the two Houses of Congress shall meet in the Hall of the House of Representatives on Thursday, the 4th day of January 2013, at 1 o'clock post meridian, pursuant to the requirements of the Constitution and laws relating to the election of President and Vice President of the United States, and the President of the Senate shall be their Presiding Officer; that two tellers shall be previously appointed by the President of the Senate on the part of the Senate and two by the Speaker on the part of the House of Representatives, to whom shall be handed, as they are opened by the President of the Senate, all the certificates and [[Page 7]] papers purporting to be certificates of the electoral votes, which certificates and papers shall be opened, presented, and acted upon in the alphabetical order of the States, beginning with the letter ``A''; and said tellers, having then read the same in the presence and hearing of the two Houses, shall make a list of the votes as they shall appear from said certificates; and the votes having been ascertained and counted in the manner and according to the rules by law provided, the result of the same shall be delivered to the President of the Senate, who shall thereupon announce the state of the vote, which announcement shall be deemed a sufficient declaration of the persons, if any, elected President and Vice President of the United States, and, together with a list of the votes, be entered on the Journals of the two Houses. Mr. REID. Mr. President, I move to reconsider the vote by which the concurrent resolution was agreed to. Mr. McCONNELL. I move to lay that motion on the table. The motion to lay on the table was agreed to. The PRESIDENT pro tempore. The Chair appoints the Senator from New York, Mr. Schumer, and the Senator from Tennessee, Mr. Alexander, as tellers on the part of the Senate to count electoral votes. ____________________ EXTENDING THE LIFE OF THE JOINT CONGRESSIONAL COMMITTEE ON INAUGURAL CEREMONIES Mr. REID. Mr. President, I have a concurrent resolution at the desk, and I ask that it now be considered. The PRESIDENT pro tempore. The clerk will report the concurrent resolution by title. The legislative clerk read as follows: A concurrent resolution (S. Con. Res. 2) extending the life of the Joint Congressional Committee on Inaugural Ceremonies. The PRESIDENT pro tempore. Without objection, the concurrent resolution is considered and agreed to. The concurrent resolution (S. Con. Res. 2) reads as follows: S. Con. Res. 2 Resolved by the Senate (the House of Representatives concurring), SECTION 1. REAUTHORIZATION OF JOINT COMMITTEE. Effective from January 3, 2013, the joint committee created by Senate Concurrent Resolution 35 (112th Congress), to make the necessary arrangements for the inauguration of the President-elect and the Vice President-elect of the United States, is continued with the same power and authority provided for in that resolution. SEC. 2. USE OF CAPITOL. Effective from January 3, 2013, the provisions of Senate Concurrent Resolution 36 (112th Congress), to authorize the use of the rotunda and Emancipation Hall of the Capitol by the Joint Congressional Committee on Inaugural Ceremonies in connection with the proceedings and ceremonies conducted for the inauguration of the President-elect and the Vice President-elect of the United States are continued with the same power and authority provided for in that resolution. Mr. REID. Mr. President, I move to reconsider the vote by which the concurrent resolution was agreed to. Mr. McCONNELL. Mr. President, I move to lay that motion on the table. The motion to lay on the table was agreed to. ____________________ FIXING THE HOUR OF DAILY MEETING OF THE SENATE Mr. REID. Mr. President, I have a resolution at the desk, and I ask that it now be considered. The PRESIDENT pro tempore. The clerk will report the resolution by title. The legislative clerk read as follows: A resolution (S. Res. 3) fixing the hour of daily meeting of the Senate. The PRESIDING OFFICER (Mrs. Hagan). Without objection, the resolution is considered and agreed to. The resolution (S. Res. 3) reads as follows: S. Res. 3 Resolved, That the daily meeting of the Senate be 12 o'clock meridian unless otherwise ordered. Mr. REID. Madam President, I move to reconsider the vote by which the resolution was agreed to. Mr. McCONNELL. I move to lay that motion on the table. The motion to lay on the table was agreed to. ____________________ UNANIMOUS CONSENT REQUESTS Mr. REID. Madam President, I send to the desk, en bloc, 12 unanimous consent requests, and I ask for their immediate consideration en bloc; that the requests be agreed to en bloc, and that they appear separately in the Record. Before the Chair rules, however, I would like to point out that these requests are routine and done at the beginning of each new Congress. They entail issues such as authorizing the Ethics Committee to meet, authorizing the Secretary to receive reports at the desk, establishing leader time each day, and privileges of the floor for the House Parliamentarians. The PRESIDING OFFICER. Is there objection to agreeing to these unanimous consent requests en bloc? Without objection, it is so ordered. The unanimous consent requests agreed to en bloc are as follows: 1. That for the duration of the 113th Congress, the Ethics Committee be authorized to meet during the session of the Senate; 2. That for the duration of the 113th Congress, there be a limitation of 15 minutes each upon any rollcall vote, with the warning signal to be sounded at the midway point, beginning at the last 7 1/2 minutes, and when rollcall votes are of 10-minute duration, the warning signal be sounded at the beginning of the last 7 1/2 minutes; 3. That during the 113th Congress, it be in order for the Secretary of the Senate to receive reports at the desk when presented by a Senator at any time during the day of the session of the Senate; 4. That the majority and minority leaders may daily have up to 10 minutes each on each calendar day following the prayer and disposition of the reading of, or the approval of, the Journal; 5. That the Parliamentarian of the House of Representatives and his five assistants be given the privileges of the floor during the 113th Congress; 6. That, notwithstanding the provisions of rule XXVIII, conference reports and statements accompanying them not be printed as Senate reports when such conference reports and statements have been printed as a House report unless specific request is made in the Senate in each instance to have such a report printed; 7. That the Committee on Appropriations be authorized during the 113th Congress to file reports during adjournments or recesses of the Senate on appropriations bills, including joint resolutions, together with any accompanying notices of motions to suspend rule XVI, pursuant to rule V, for the purpose of offering certain amendments to such bills or joint resolutions, which proposed amendments shall be printed; 8. That, for the duration of the 113th Congress, the Secretary of the Senate be authorized to make technical and clerical corrections in the engrossments of all Senate-passed bills and joint resolutions, Senate amendments to House bills and resolutions, Senate amendments to House amendments to Senate bills and resolutions, and Senate amendments to House amendments to Senate amendments to House bills or resolutions; 9. That for the duration of the 113th Congress, when the Senate is in recess or adjournment, the Secretary of the Senate is authorized to receive messages from the President of the United States, and--with the exception of House bills, joint resolutions, and concurrent resolutions--messages from the House of Representatives; and that they be appropriately referred; and that the President of the Senate, the President pro tempore, and the Acting President pro tempore be authorized to sign duly enrolled bills and joint resolutions; 10. That for the duration of the 113th Congress, Senators be allowed to leave at the desk with the Journal clerk the names of two staff members who will be granted the privilege of the floor during the consideration of the specific matter noted, and that the Sergeant at Arms be instructed to rotate staff members as space allows; 11. That for the duration of the 113th Congress, it be in order to refer treaties and nominations on the day when they are received from the President, even when the Senate has no executive session that day; and 12. That for the duration of the 113th Congress, Senators may be allowed to bring to the desk, bills, joint resolutions, concurrent resolutions, and simple resolutions, for referral to appropriate committees. ____________________ INTRODUCTION OF BILLS AND JOINT RESOLUTIONS Mr. REID. Madam President, I ask unanimous consent that the first day for the introduction of bills and joint resolutions in the 113th Congress be Tuesday, January 22, 2013. The PRESIDING OFFICER. Without objection, it is so ordered. ____________________ [[Page 8]] PROVIDING FOR A CONDITIONAL ADJOURNMENT OR RECESS OF THE SENATE AND AN ADJOURNMENT OF THE HOUSE OF REPRESENTATIVES Mr. REID. Madam President, there is another concurrent resolution at the desk, and I ask that it be considered at this time. The PRESIDING OFFICER. The clerk will report the concurrent resolution by title. The legislative clerk read as follows: A concurrent resolution (S. Con. Res. 3) providing for a conditional adjournment or recess of the Senate and an adjournment of the House of Representatives. The PRESIDING OFFICER. Without objection, the resolution is considered and agreed to. The concurrent resolution (S. Con. Res. 3) reads as follows: S. Con. Res. 3 Resolved by the Senate (the House of Representatives concurring), That when the Senate recesses or adjourns on any day from Friday, January 4, 2013 through Monday, January 21, 2013, on a motion offered pursuant to this concurrent resolution by its Majority Leader or his designee, it stand recessed or adjourned until 12:00 noon on Monday, January 21, 2013, or such other time on that day as may be specified by its Majority Leader or his designee in the motion to recess or adjourn, or until the time of any reassembly pursuant to section 2 of this concurrent resolution, whichever occurs first; and that when the House adjourns on any legislative day from Friday, January 4, 2013, through Saturday, January 5, 2013, on a motion offered pursuant to this concurrent resolution by its Majority Leader or his designee, it stand adjourned until 2:00 p.m. on Monday, January 14, 2013, or until the time of any reassembly pursuant to section 2 of this concurrent resolution, whichever occurs first. Sec. 2. The Majority Leader of the Senate and the Speaker of the House, or their respective designees, acting jointly after consultation with the Minority Leader of the Senate and the Minority Leader of the House, shall notify the Members of the Senate and House, respectively, to reassemble at such place and time as they may designate if, in their opinion, the public interest shall warrant it. Mr. REID. Madam President, I move to consider the vote by which the concurrent resolution was agreed to. Mr. McCONNELL. I move to lay that motion on the table. The motion to lay on the table was agreed to. Mr. REID. Madam President, thank you very much for your patience. ____________________ CONVENING THE 113TH CONGRESS Mr. REID. Madam President, it is my pleasure to convene the 113th Congress. I welcome back all my colleagues to a place that we love, the U.S. Senate. But in particular, I would like to welcome Illinois Senator Mark Kirk. He has been away from us for a year recovering from an illness. We are all grateful for his recovery. He has been an inspiration to us. Today, on the east front of the Capitol, to see him walk up those steps said it all. So we are very proud of him and glad he is back with us. I also offer a special welcome to the 13 new Members of the Senate. I am confident that each Senator will treasure their memories in this historic legislative body, and that each will serve their State and our Nation with distinction. All of the Members of this freshman class are accomplished in their own right. I can remember many years ago--30 years ago, Madam President--being a new Member of the House. Speaker O'Neill called us in, in small groups, to talk to us. And he said to each of us: All of you are accomplished or you would not be here. You are all politicians. It is not a bad word. And I say that to all our Senators--the new Senators--that they are all accomplished or they would not be here, and they should all understand that. They should have confidence in moving into this body because they are just as experienced as the rest of us. I trust that serving in the Senate will be the most rewarding experience of their lives. In this Chamber the 113th Congress will face the most significant challenges of our careers--not just the new Members, all of us. To turn those challenges into triumphs, I urge all Senators--new and experienced--to draw not only on our varied experience at every level of government and public service, but also on each other's experience, regardless of political party. Daniel Webster said: ``We are all agents of the same supreme power, the people.'' Today, as we begin a new Congress, we are afforded the opportunity to reflect upon the successes and failures of past Congresses. It has been said that the 112th Congress was characterized by some of the sharpest political divisions in memory. But during the last Congress, there were also many commendable examples of compromise. The recent effort to avert the fiscal cliff was an example of both the divisions and the collaborations that mark a moment in history--and it was a moment in history. Although the process of resolving some of the fiscal issues facing this country was extremely difficult and protracted, in the end our two parties came together to protect America's middle class. That is something of which we should all be proud. As we advance the debate over the best way to strengthen our economy and reduce our deficit during this Congress, the 113th, Democrats will continue to stand strong for the principle of balance. I am hopeful and confident my Republican colleagues will do the same. Any future budget agreements must balance the need for thoughtful spending reductions with revenue from the wealthiest among us and closing wasteful tax loopholes. The 112th Congress, unfortunately, showed that we had some political differences, and these differences prevented us from accomplishing as much as we had hoped during the Congress that was just completed. But we also passed very important legislation, such as the transportation jobs bill. This was important because it kept 2 million people working, and we began the restoration, with that legislation, of our crumbling infrastructure. We made strides to reduce the Nation's deficit and prevented a tax increase for 98 percent of American families and 97 percent of small businesses. I guess I should have started, Madam President, by telling everyone that the marks that people see on my face--that has nothing to do with the fiscal cliff or the disagreements that Speaker Boehner and I had. It is from being very pale and living in the desert most of my life. We were able to accomplish, as I indicated, many things to reduce the deficit and prevent a tax increase for American families and small businesses. We reformed our patent system for the first time in six decades, gave small business owners access to the capital they need to compete, and reauthorized the Federal Aviation Administration, keeping 300,000 workers employed. Not a single piece of that legislation became law without the votes of both Democrats and Republicans. All those legislative initiatives I just talked about were bipartisan. Unfortunately, many other worthy measures that passed the Senate with strong, bipartisan support then languished, awaiting action by the House of Representatives. In the 113th Congress, it will be incumbent upon the House Republican leadership to allow bipartisan bills passed by the Senate to come to a vote before the full House of Representatives--not before the Republican Members only but before Democrats and Republicans, all 435 Members of the House. Too many good pieces of legislation died over the last 2 years because House Republican leaders insisted on passing legislation with a majority of the majority; that is, only Republicans. Democrats were ignored most of the time. For example, postal reform, the Violence Against Women Act, the farm bill, and relief for the victims of Hurricane Sandy all passed the Senate on a bipartisan basis after extensive deliberation and debate. Yet the House failed to act on all four of these measures, and there were others. As Speaker Boehner saw on New Year's Day, when he allows every Member of the House to vote and not only Republican Members of the House to vote, Congress can enact bills into law. No legislation can pass the Senate [[Page 9]] without both Democrats and Republicans. During the 113th Congress, the Speaker should strive to make that the rule of the House of Representatives as well. Still, it is true that the 112th Congress left much undone. That is why we resolve to pick up where we left off in just a few weeks. The first crucial matter we will address will be the long-overdue aid to victims of Hurricane Sandy. I am hopeful that the House will act, as they said, on the 15th. Then when we get back here, we will move on it very quickly. We need to strive to be more productive, and we will do little if we don't address a major reason for our inefficiency. Simply, the Senate is not working as it should. That is why in the last Congress I made plain that Democrats would do something to fix those issues. The beginning of a new Congress is customarily a time that the Senate addresses changes to its rules. In the last Congress, Democratic Senators Jeff Merkley, Tom Udall, Tom Harkin, and Sheldon Whitehouse made the majority's case for change. I commend these passionate leaders. They have made compelling arguments for reform. In recent months, Senators on both sides of the aisle set about trying to broker a compromise. This group was led by two of the greatest Senators who ever served in this body, the finest and the best, Democratic Senator Levin of Michigan and Republican Senator McCain of Arizona. They worked many hours with a group of six other Senators to come up with something they thought would work better, and I so appreciate their work. But in the waning weeks of the last Congress, Senators were justifiably occupied with other matters, including the fiscal cliff. But I believe this matter warrants additional debate during the 113th Congress, which just started. Senators deserve additional notice before voting to change Senate rules, so today I will follow the precedents set in 2005 and again in 2011. We will reserve the right of all Senators to propose changes to the Senate rules, and we will explicitly not acquiesce in the carrying over of all the old rules from the last Congress. It is my intention that the Senate will recess today, rather than adjourn, to continue the same legislative day and allow this important rules discussion to continue later this month. I am confident that the Republican leader and I can come to an agreement that will allow the Senate to work more efficiently. We are going to talk again today. We just haven't had time, with the other things we have been dealing with, to spend enough time together to do this, but we definitely want to move forward to try to make this place work better. I appreciate his willingness to work on this. I will do my very utmost, as I know he will. ____________________ RECOGNITION OF THE MINORITY LEADER The PRESIDING OFFICER. The Republican leader is recognized. ____________________ OPENING OF THE 113TH CONGRESS Mr. McCONNELL. Madam President, I would like to welcome everybody back after what we all realized was a somewhat abbreviated recess. In fact, I believe you would have to go back to 1970 to find the last time the Senate was in session and voting between Christmas and New Year's. In particular, I want to welcome back Senator Mark Kirk. He has made a brilliant recovery since suffering a debilitating stroke almost a year ago. The fact that Mark is here today says a lot about his tenacity, his dedication, and his commitment to the people of Illinois. I am told that about two-thirds of the patients in the facility where he has been recovering over the past year don't return to work, but true to form Mark opted for an experimental rehabilitation program so grueling, it has been compared to military boot camp. His staff counted 45 steps from the parking lot to the front door of the Senate, and during his treatment he made walking those steps his goal. Today he did it. He did it. So we admire him for his spirit, and we applaud his achievement. It is wonderful to have him back and ready to work. I would also like to welcome the new Members who take their oaths of office today, particularly the four new Members of the Republican conference: Senator Flake of Arizona, Senator Fischer of Nebraska, Senator Cruz of Texas, and Senator Scott of South Carolina. Congratulations to you all. We welcome the energy and intelligence each of you brings to the challenges we face and especially to the transcendent challenge of our time: a Federal debt so huge, so huge it threatens to permanently alter an economy that has provided generations of Americans the opportunity to fulfill their dreams of a better life. Four straight years of trillion-dollar deficits and projected spending that no realistic amount of tax revenue could cover have put us at a crossroads. Either we tackle our Nation's spending problem or it is going to tackle us. It is that simple, and there is no better time to do the work we need to do than right now. The bipartisan agreement we reached earlier this week was imperfect. I am the first to admit it--especially the process. But aside from shielding 99 percent of my constituents and many of yours from the painful effects of a middle-class tax hike--the President seemed all too willing, by the way, to impose that--it gave us something else: It settled the revenue debate for good. The revenue debate is over. President Obama declared the other night that those he calls rich are now paying their ``fair share,'' so it is time to move on. The President got his revenue, and now it is time to turn squarely to the real problem, which we all know is spending. We all knew that the tax hikes the President campaigned on were never going to solve the problem. Now that he has gotten them, he has a responsibility to put his preoccupation with taxes behind him and to work with us to actually solve the problem at hand. It is time to face up to the fact that our Nation is in grave fiscal danger--grave fiscal danger--and that it has everything to do with spending. This is a debate the American people want us to have. The President liked to point out on the campaign trail that most Americans supported the idea of taxing the rich. What he conveniently left out is that even more Americans support the idea of cutting spending. One recent survey I saw said that about three-fourths of all Americans say they want to see major spending cuts in Washington. When you look at some of the things Washington has been wasting their dollars on, it is no wonder. I mean, if we can't stop spending taxpayer dollars on robo-squirrels, dancing robot DJs, or hot air balloon rides for Smokey the Bear, then there is no hope at all because if we can't fix the easy stuff, the robo-squirrels and the robot DJs, the things most of us agree on, how are we ever going to get at the hard stuff? That is why the first step in this debate is for Democrats to get over their fanatical commitment to guarding every single dime the government ever got its hands on. This has to stop. The best time to stop it is now. There is actually no better time for this debate. In a couple of months the President will ask us to raise the Nation's debt limit. We cannot agree to increase that borrowing limit without agreeing to reforms that lower the avalanche of spending that is creating this debt in the first place. It is not fair to the American people, and it is not fair to our children, whom we are asking to foot the bill. The health of our economy requires it, so now is the time to get serious about spending. If the past few weeks have taught us anything at all, it means the President needs to show up early this time. The American people will not tolerate the kinds of last-minute crises that we have seen again and again over the last 4 years as a result of this President's chronic inactivity and refusal to lead on the pressing issues of our time. We don't need speeches, we need action, and we need it now. We need courage because the only way we are going to address the spending that is at the root of our Nation's fiscal problems is if the President is willing to bring the members of his party to the table and get them to rise above the partisan voices [[Page 10]] on the left, who treat every single penny of government spending as sacred. Hopefully, that kind of cooperation will be forthcoming but, if not, we will have several opportunities in the coming months to force the conversation Washington needs to have. The first such opportunity, as I have said, surrounds the President's upcoming request of us to raise the debt ceiling. After that, there is the continuing resolution. But let me be clear, there is no need for drama--no need for drama--and we don't want any. The President knows as well as I do what needs to be done. He can either engage now to significantly cut government spending or force a crisis later. It is his call. But for the sake of the country we must have this debate now. So today I call on my friend the majority leader and the rest of my Democratic colleagues to start working with us right now--not 1 hour, 1 day, or 1 week before we hit the debt limit but ahead of time for once so we can pass a bipartisan solution on spending that everyone will have an opportunity to weigh in on in early February. We need a plan that can pass the House and actually begin to get Washington spending under control. If we are serious, we will get one done. With taxes now off the table, the only way to achieve a balanced plan is to focus on the spending side of the equation, particularly, as the President pointed out, health care entitlement programs because, as I said, taxes simply can't go high enough to keep pace with the amount of money we have projected to spend on them without crushing our economy. The best way to reform these programs is to make them work better. The debt isn't exploding because these programs exist, it is exploding because they are inefficient. They were created in a different era--the era of black-and-white TV. They should be updated for the age of the iPad, and we should want to fix them not just because we want to lower the debt but because we want to strengthen and improve these programs themselves. Over the next few months it will be up to the President and his party to work with us to deliver the same kind of bipartisan resolution on spending that we have now achieved on taxes, but it needs to happen before the eleventh hour. For that to happen, the President needs to show up this time. The President claims to want a balanced approach. Now that he has the tax rates he wants, his calls for ``balance'' means he needs to join us in the effort to achieve meaningful spending reform. The President may not want to have this debate, but it is the one he is going to have because the country needs it. Republicans are ready to tackle the spending problem, and we start today. ____________________ RESERVATION OF LEADER TIME The PRESIDING OFFICER. Under the previous order, leadership time is reserved. ____________________ SENATE RULES CHANGES S. Res. 4 The PRESIDING OFFICER. The Senator from New Mexico. Mr. UDALL of New Mexico. Madam President, I have a resolution for myself, Senator Merkley, and Senator Harkin, which I send to the desk and ask for its immediate consideration. The PRESIDING OFFICER. The clerk will report the resolution by title. The legislative clerk read as follows: A resolution (S. Res. 4), to limit certain uses of the filibuster in the Senate to improve the legislative process. Mr. UDALL of New Mexico. Madam President, I would object. The PRESIDING OFFICER. The Senator is objecting to further proceeding? Mr. UDALL of New Mexico. Yes. The PRESIDING OFFICER. Objection having been heard, the resolution will go over under the rule. Mr. UDALL of New Mexico. I yield to the Senator from Tennessee for his objection. The PRESIDING OFFICER. The Senator from Tennessee. Mr. ALEXANDER. Reserving the right to object, the majority and minority leaders are working together to try to find ways to move bills to the floor and get more amendments. I wish to give them time to complete that work. I therefore object. The PRESIDING OFFICER. Objection is noted. Mr. UDALL of New Mexico. I thank the Senator from Tennessee. I know he is working diligently and we have some very positive things happening. Madam President, as we begin the 113th Congress, I have submitted on behalf of myself and Senators Merkley and Harkin a resolution to amend the Standing Rules of the Senate. Our proposal to reform the rules is simple, it is limited, and it is fair. Again, we are not ending the filibuster. We preserve the rights of the minority. We are only proposing the following: No. 1, an end to the widespread abuse of silent filibusters. Instead, Senators would be required to go to the floor and actually tell the American people why they oppose a bill or nominee in order to maintain a filibuster; No. 2, debate on motions to proceed to a bill, or to send a bill to conference, would be limited to two hours; and No. 3, postcloture debate on a nominee--other than a justice to the Supreme Court--would be limited to 2 hours, rather than the current limit of 30 hours. These are sensible changes. These are reforms we are willing to live with if we are in the minority. And yet, we are warned that these simple reforms will transform the very character of the Senate. Will leave the minority without a voice. These arguments are covers for continued abuse of the rules. The reforms are modest. Some would say too modest. But they would discourage the excessive use of filibusters. The minority still has the right to filibuster, but not the right to do so by simply making an announcement and then going out to dinner or, more likely, to a fundraiser. Let me just say again: Senators Merkley, Harkin, and I are not talking about taking away the rights of the minority. We are not abolishing the right to debate or to filibuster. But there must be change. The unprecedented use, and abuse, of the filibuster and other procedural rules has prevented the Senate from doing its job. We are no longer ``the world's greatest deliberative body.'' In fact, we barely deliberate at all. For most of our history the filibuster was used very sparingly. But, in recent years, what was rare has become routine. The exception has become the norm. Everything is filibustered--every procedural step of the way--with paralyzing effect. The Senate was meant to cool the process, not send it into a deep freeze. Since the Democratic majority came into the upper chamber in 2007, the Senates of the 110th, 111th, and current 112th Congress have witnessed the three highest totals of filibusters ever recorded. A recent report found the current Senate has passed a record-low 2.8 percent of bills introduced. That is a 66 percent decrease from the last Republican majority in 2005-2006, and a 90 percent decrease from the high in 1955-1956. I have listened with great interest to the arguments against rules reform by the other side. Each day, my Republican colleagues have come to the floor and made very impassioned statements in opposition to amending our rules at the beginning of the new Congress. They say that the rules can only be changed with a two-thirds supermajority, as the current filibuster rule requires. And they have repeatedly said any attempt to amend the rules by a simple majority is ``breaking the rules to change the rules.'' This simply is not true. The supermajority requirement to change Senate rules is in direct conflict with the U.S. Constitution. Article I Section 5 of the Constitution states that, ``Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member.'' When the Framers required a supermajority, they explicitly stated so, as they did for expelling a member. On all other matters, such as determining the [[Page 11]] Chamber's rules, a majority requirement is clearly implied. There have been three rulings by Vice Presidents, sitting as President of the Senate, on the meaning of Article I Section 5 as it applies to the Senate. In 1957, Vice President Nixon ruled definitively: [W]hile the rules of the Senate have been continued from one Congress to another, the right of a current majority of the Senate at the beginning of a new Congress to adopt its own rules, stemming as it does from the Constitution itself, cannot be restricted or limited by rules adopted by a majority of a previous Congress. Any provision of Senate rules adopted in a previous Congress which has the expressed or practical effect of denying the majority of the Senate in a new Congress the right to adopt the rules under which it desires to proceed is, in the opinion of the Chair, unconstitutional. Vice-Presidents Rockefeller and Humphrey made similar rulings at the beginning of later Congresses. I have heard many of my Republican colleagues quote Senator Robert Byrd's last statement to the Senate Rules Committee. I was at that hearing, and have great respect for Senator Byrd and know that he was one of the great Senate historians and deeply loved this institution. But we should also consider Senator Byrd's other statements, as well as steps he took as Majority Leader to reform this body. In 1979, when others were arguing that the rules could only be amended in accordance with the previous Senate's rules, Majority Leader Byrd said the following on the floor: There is no higher law, insofar as our Government is concerned, than the Constitution. The Senate rules are subordinate to the Constitution of the United States. The Constitution in Article I, Section 5, says that each House shall determine the rules of its proceedings. Now we are at the beginning of Congress. This Congress is not obliged to be bound by the dead hand of the past. In addition to the clear language of the Constitution, there is also a longstanding common law principle, upheld in the Supreme Court, that one legislature cannot bind its successors. For example, if the Senate passed a bill with a requirement that it takes 75 votes to repeal it in the future, that would violate this principle and be unconstitutional. Similarly, the Senate of one Congress cannot adopt procedural rules that a majority of the Senate in the future cannot amend or repeal. Many of my Republican colleagues have made the same argument. For example, in 2003 Senator John Cornyn wrote in a law review article: Just as one Congress cannot enact a law that a subsequent Congress could not amend by majority vote, one Senate cannot enact a rule that a subsequent Senate could not amend by majority vote. Such power, after all, would violate the general common law principle that one parliament cannot bind another. So amending our rules at the beginning of a Congress is not ``breaking the rules to change the rules.'' It is reaffirming that the U.S. Constitution is superior to the Senate rules, and that when there is a conflict between them, we follow the Constitution. I find some of the rhetoric about amending our rules particularly troubling. We have heard comments that any such reforms, if done by a majority, would ``destroy the Senate.'' Again, I can turn to my Republican colleagues to answer this accusation. In 2005, the Republican Policy Committee released a memo entitled ``The Constitutional Option: The Senate's Power to Make Procedural Rules by Majority Vote.'' Not only does the memo support all of the same arguments I make today in support of reform by a majority, but it also refutes many of the recent claims about how the Senate will be permanently damaged. In a section of the memo titled, ``Common Misunderstandings of the Constitutional Option,'' it responds to the misunderstanding that ``the essential character of the Senate will be destroyed if the constitutional option is exercised'' with the following: When Majority Leader Byrd repeatedly exercised the constitutional option to correct abuses of Senate rules and precedents, those illustrative exercises of the option did little to upset the basic character of the Senate. Indeed, many observers argue that the Senate minority is stronger today in a body that still allows for extensive debate, full consideration, and careful deliberation of all matters with which it is presented. What is more important about the Republican memo is the reason they believed a change to the rules by a majority was justified. Back then it was about the filibuster of judicial nominees--and what Republicans saw as a break in longstanding Senate tradition. They claimed they weren't using the constitutional option as a power grab, but as a means of restoring the Senate to its historical norm. The memo states the following: The Senate is a relatively stable institution, but its norms of conduct have sometimes been violated. In some instances, a minority of Senators has rejected past practices and bipartisan understandings and exploited heretofore ``off limits'' opportunities to obstruct the Senate's business. At other times, a minority of Senators has abused the rules and precedents in a manner that violates Senators' reasonable expectations of proper procedural parameters. These are efforts to change Senate norms and practices, but they do not necessarily have the support of a majority. Such situations create institutional conundrums: what should be done when a mere minority of Senators changes accepted institutional norms? One option is to acquiesce and allow ``rule by the minority'' so that the minority's norm becomes the Senate's new norm. But another option has been for the majority of Senators to deny the legitimacy of the minority Senators' effort to shift the norms of the entire body. And to do that, it has been necessary for the majority to act independently to restore the previous Senate norms of conduct. This is exactly where we find ourselves today. Back then, the Republicans argued the constitutional option should be used because 10 of President Bush's judicial nominees were threatened with a filibuster. I believe the departure from Senate tradition we see today is far worse. Since Democrats became the majority party in the Senate in 2007, we have faced the highest number of opposition filibusters ever recorded. Lyndon Johnson faced one filibuster during his 6 years as Senate Majority Leader. In the same span of time Harry Reid has faced over 385. So, as the Republicans argued in 2005, ``[a]n exercise of the constitutional option under the current circumstances would be an act of restoration.'' We must return the Senate to a time when every procedural step was not filibustered. But if my Republican colleagues really believe using the constitutional option would be so harmful to the Senate, there is an alternative. We don't have to reform the rules with only a majority vote. That is up to my colleagues on the other side of the aisle. Each time the filibuster rule has been amended in the past, a bipartisan group of senators was prepared to use the constitutional option. But with the inevitability of a majority vote on the reforms looming, enough Members agreed on a compromise and they passed the changes with two-thirds in favor. We could do that again this month. I know many of my Republican colleagues agree with me. The Senate is not working. I said 2 years ago that I would push for the same reforms at the beginning of the next Congress--regardless of which party was in the majority. At the time, many people believed the Democrats would lose their majority. So let me be clear. If Leader McConnell had become the new majority leader today, on the first day of the 113th Congress, I would ask him to work with me on implementing these same reforms. I will say again. The proposed changes will reform the abuse of the filibuster, not trample the legitimate rights of the minority party. I am willing to live with all of the changes we are proposing, whether I am in the majority or minority. [[Page 12]] The other side has suggested that a change in the rules is an affront to the American public. But the real affront would be to allow the abuse of the filibuster to continue. We have to change the way we do business. We have to govern. It is time for us to pay attention to jobs and the economy and the things that matter to American families. That was the message we were sent in the election, and we would do well to listen to it. Under the abuse of the current rules, all it takes to filibuster is one senator picking up the phone. Period. It doesn't even require going on the floor to defend it. Just a phone call by one senator. No muss, no fuss, no inconvenience. Except for the American public. Except for a nation that expects and needs a government that works--a government that actually works together and finds common ground. Some of my colleagues may believe the Senate is working as it should; that everything is fine. Well, Madam President, we do not take that view. It isn't working. It needs to change. The American people, of all political persuasions, are clamoring for a government that actually gets something done. The challenges are too great, the stakes are too high, for a government of gridlock to continue. S. Res. 5 Mr. UDALL of New Mexico. Madam President, on behalf of Senator Harkin, I have a resolution which I send to the desk and ask for its consideration. The PRESIDING OFFICER. The clerk will read the resolution by title. The legislative clerk read as follows: A resolution (S. Res. 5) amending the Standing Rules of the Senate to provide for cloture to be invoked with less than a three-fifths majority after additional debate. The PRESIDING OFFICER. The Senator from Tennessee. Mr. ALEXANDER. Madam President, reserving the right to object, for the reason I just stated, to give the majority and minority leader and other Senators a chance to find ways to help the Senate function fairly and more efficiently, I object. The PRESIDING OFFICER. Objection having been heard, the resolution will go over under the rule. The Senator from New Mexico. Mr. UDALL of New Mexico. Madam President, I would also reiterate again that Senator Alexander, and a number of Senators, including Senator Merkley and myself, are all working to make sure this is a better place and that it functions better, and we look forward to having the next couple of weeks to do that. Madam President, I yield for my good friend, who has been working with me on rules from the first day I arrived here. I yield for the Senator from Oregon. The PRESIDING OFFICER. The Senator from Oregon. S. Res. 6 Mr. MERKLEY. Madam President, I have a resolution which I send to the desk and ask for its consideration. The PRESIDING OFFICER. The clerk will read the resolution by title. The legislative clerk read as follows: A resolution (S. Res. 6) to modify extended debate in the Senate to improve the legislative process. The PRESIDING OFFICER. Is there objection to proceeding to the resolution? The Senator from Tennessee. Mr. ALEXANDER. Reserving the right to object, again, the majority and minority leaders are working together with other Senators to try and find ways we can agree upon to assist in the functioning of the Senate. To give them sufficient time to do that, I do object. The PRESIDING OFFICER. Objection having been heard, the resolution will go over under the rule. The Senator from Oregon. Mr. MERKLEY. I thank my colleague from Tennessee for the efforts he is putting forth to find ways to make this body truly engage in dialogue and decisionmaking as the American people expect. S. Res. 7 Mr. MERKLEY. Madam President, on behalf of Senator Lautenberg, I have a resolution which I send to the desk and ask for its consideration. The PRESIDING OFFICER. The clerk will report the resolution by title. The legislative clerk read the resolution as follows: A resolution (S. Res. 7) to permit the Senate to avoid unnecessary delay and vote on matters for which floor debate has ceased. The PRESIDING OFFICER. Is there objection to proceeding to the resolution? Mr. ALEXANDER. Madam President, for the reasons I have stated with the other requests for unanimous consent, I do object. The PRESIDING OFFICER. Objection having been heard, the resolution will go over under the rule. The Senator from Oregon. Mr. MERKLEY. Madam President, I look forward to the dialogue among all the Members on how the Senate can reclaim its important role as a deliberative and decisionmaking body. I want to thank Senator Udall for having been so involved in this conversation and helping to drive it forward. ____________________ TRIBUTES TO DEPARTING SENATORS Herb Kohl Mr. SESSIONS. Mr. President, as the year ends, we face the sadness that surrounds the departure of good colleagues. I want to take a minute to express my pleasure in having the opportunity to know and work with Herb Kohl. We have served 16 years together on the Judiciary Committee and in the Senate. He is one of the most accomplished and courteous members of the Senate. His powerful intellect along with his vast private sector experience have given him valuable insight into the issues of our time. We shared a strong belief in the importance of the Littoral Combat Ship and in the end were both pleased to see that program move forward. As a senior member of the Judiciary Committee, Senator Kohl was a faithful member who had a remarkable ability to win the affection and respect of members. He always sought common ground rather than confrontation. It's been a real pleasure for me to get to know and to work with this remarkable, talented and good man. He has given much to the Senate. My best wishes are extended for this next chapter in his life. ____________________ TRIBUTE TO STAN LOWE Mr. BARRASSO. Mr. President, next week in Casper, a member of America's greatest generation will be recognized by the Casper Area Chamber of Commerce for a lifetime of service and leadership. I am honored to tell my colleagues about my friend, R. Stanley Lowe. In 1943, Stan was in college and had been deferred from the draft because of his studies. But, at age 19, he wanted to do his part to protect our great Nation. He enlisted in the U.S. Merchant Marine. He served on five ships in the Pacific and Atlantic, each voyage lasting several months. Stan became a staff officer, in charge of personnel and payroll. He was also a chaplain and medical officer, called a pharmacist's mate and purser. Stan served from 1943 to 1946, seeing things that would have a life long impact on him. The Merchant Marine had the highest rate of casualties of any service, dying at a rate of 1 in 26, and Stan was there to help the injured and comfort the dying. Following his service, he returned to Wyoming to complete his law degree and then practice law in Rawlins. It was there he met the love of his life, Anne ``Pat'' Kirtland Selden Lowe, while they were skiing. She was remarkable, too. Pat was among the first female geologists--and a scholarship in her name continues to support students pursuing degrees in geology at the University of Wyoming. Wyoming has benefited immensely from Stan's career. He served in the State House of Representatives and was elected to be the county and prosecuting attorney for Carbon County. He spent the majority of his distinguished career as general counsel for True Oil. In 1985, Stan led a delegation of American lawyers on a goodwill tour [[Page 13]] to China. The legal profession benefited from his wisdom through his service as counsel for the American Judicature Society. While practicing law, he never forgot about his service and his fellow veterans. Stan was appointed to the Wyoming Veterans' Affairs Commission by Governor Mike Sullivan in 1991 and upon his retirement he was named chair emeritus. In 2003, Stan was awarded the Civilian Meritorious Service Medal. Stan has led the efforts to expand Wyoming's only Veterans Cemetery. His passion for history paved the ground for the Wyoming Veterans Memorial Museum. Stan served in supportive and leadership roles in multiple veterans' organizations. Stan is a 3 year district commander of the American Legion. He was recently honored with the title of Honorary Past Department Commander, a title only given four other times in the history of the Wyoming American Legion. Stan continues to highlight veterans events and issues through his weekly article in the Casper Journal and attends almost every troop homecoming and veterans event. Wyoming's veterans have benefitted immensely from Stan Lowe's wisdom and leadership. Stan will turn 90 this year. Wyoming continues to look to Stan as the voice for veterans. My wife, Bobbi, and I are happy to have Stan as our friend, and veterans all over Wyoming are fortunate because Stan chose to serve. ____________________ MESSAGE FROM THE HOUSE RECEIVED DURING ADJOURNMENT, 112th CONGRESS Enrolled Bills and Joint Resolution Signed Under the authority of the order of the Senate of January 5, 2011, the Secretary of the Senate, on January 3, 2013, during the adjournment of the Senate, received a message from the House of Representatives announcing that the Speaker had signed the following enrolled bills and joint resolution: H.R. 443. An act to provide for the conveyance of certain property from the United States to the Maniilaq Association located in Kotzebue, Alaska. H.R. 2076. An act to amend title 28, United States Code, to clarify the statutory authority for the longstanding practice of the Department of Justice of providing investigatory assistance on request of State and local authorities with respect to certain serious violent crimes, and for other purposes. H.R. 4212. An act to prevent the introduction into commerce of unsafe drywall, to ensure the manufacturer of drywall is readily identifiable, to ensure that problematic drywall removed from homes is not reused, and for other purposes. H.R. 4606. An act to authorize the issuance of right-of-way permits for natural gas pipelines in Glacier National Park, and for other purposes. H.R. 6029. An act to amend title 18, United States Code, to provide for increased penalties for foreign and economic espionage, and for other purposes. H.R. 6328. An act to amend title 49, United States Code, to direct the Assistant Secretary of Homeland Security (Transportation Security Administration) to transfer unclaimed clothing recovered at airport security checkpoints to local veterans organizations and other local charitable organizations, and for other purposes. H.R. 6586. An act to extend the application of certain space launch liability provisions through 2014. H.R. 6621. An act to correct and improve certain provisions of the Leahy-Smith America Invents Act and title 35, United States Code. H.R. 6655. An act to establish a commission to develop a national strategy and recommendations for reducing fatalities resulting from child abuse and neglect. S. 2318. An act to authorize the Secretary of State to pay a reward to combat transnational organized crime and for information concerning foreign nationals wanted by international criminal tribunals, and for other purposes. S. 3331. An act to provide for universal intercountry adoption accreditation standards, and for other purposes. S. 3472. An act to amend the Family Educational Rights and Privacy Act of 1974 to provide improvements to such Act. S.J. Res. 44. Joint resolution granting the consent of Congress to the State and Province Emergency Management Assistance Memorandum of Understanding. Under the authority of the order of the Senate of January 5, 2011, the enrolled bills and joint resolution were signed on January 3, 2013, during the recess of the Senate, by the President pro tempore (Mr. Leahy). ____________________ MESSAGE FROM THE HOUSE At 4:09 p.m., a message from the House of Representatives, delivered by Mrs. Cole, one of its reading clerks, announced that the House has agreed to H. Res. 1, resolving that Karen L. Haas of the State of Maryland, be, and is hereby, chosen Clerk of the House of Representatives, and that Paul D. Irving of the State of Florida, be, and is hereby, chosen Sergeant-at-Arms of the House of Representatives, and that Daniel J. Strodel of the District of Columbia, be, and is hereby chosen Chief Administrative Officer of the House of Representatives, and that Father Patrick J. Conroy of the State of Florida, be, and is hereby, chosen Chaplain of the House of Representatives. The message also announced that the House has agreed to H. Res. 2, resolving that the Senate be informed that a quorum of the House of Representatives has assembled, that John A. Boehner, a Representative from the State of Ohio, has been elected Speaker, and Karen L. Haas, a citizen of the State of Maryland, has been elected Clerk of the House of Representatives of the One Hundred Thirteenth Congress. The message further announced that a committee of two Members be appointed by the Speaker on the part of the House of Representatives to join with a committee on the part of the Senate to notify the President of the United States that a quorum of each House has assembled and Congress is ready to receive any communication that he may be pleased to make. ____________________ MEASURES HELD OVER/UNDER RULE The following resolutions were read, and held over, under the rule: S. Res. 4. A resolution to limit certain uses of the filibuster in the Senate to improve the legislative process. S. Res. 5. A resolution amending the Standing Rules of the Senate to provide for cloture to be invoked with less than a three-fifths majority after additional debate. S. Res. 6. A resolution to modify extended debate in the Senate to improve the legislative process. S. Res. 7. A resolution to permit the Senate to avoid unnecessary delay and vote on matters for which floor debate has ceased. ____________________ ENROLLED BILLS AND JOINT RESOLUTION PRESENTED, 112th CONGRESS The Secretary of the Senate reported that on January 2, 2013, she had presented to the President of the United States the following enrolled bills: S. 3454. An act to authorize appropriations for fiscal year 2013 for intelligence and intelligence-related activities of the United States Government and the Office of the Director of National Intelligence, the Central Intelligence Agency Retirement and Disability System, and for other purposes. S. 3630. An act to designate the facility of the United States Postal Service located at 218 North Milwaukee Street in Waterford, Wisconsin, as the ``Captain Rhett W. Schiller Post Office''. S. 3662. An act to designate the facility of the United States Postal Service located at 6 Nichols Street in Westminster, Massachusetts, as the ``Lieutenant Ryan Patrick Jones Post Office Building''. S. 3677. An act to make a technical correction to the Flood Disaster Protection Act of 1973. The Secretary of the Senate reported that on January 3, 2013, she had presented to the President of the United States the following enrolled bills and joint resolution: S. 2318. An act to authorize the Secretary of State to pay a reward to combat transnational organized crime and for information concerning foreign nationals wanted by international criminal tribunals, and for other purposes. S. 3331. An act to provide for universal intercountry adoption accreditation standards, and for other purposes. S. 3472. An act to amend the Family Educational Rights and Privacy Act of 1974 to provide improvements to such Act. S.J. Res. 44. Joint resolution granting the consent of Congress to the State and Province Emergency Management Assistance Memorandum of Understanding. ____________________ EXECUTIVE AND OTHER COMMUNICATIONS The following communication was laid before the Senate, together with [[Page 14]] accompanying papers, reports, and documents, and was referred as indicated: EC-1. A communication from the Director of Legal Affairs and Policy, Office of the Federal Register, National Archives, transmitting, pursuant to law, a report relative to the Certificates of Ascertainment of the electors of the President and Vice President of the United States; ordered to lie on the table. ____________________ SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS The following concurrent resolutions and Senate resolutions were read, and referred (or acted upon), as indicated: By Mr. REID (for himself and Mr. McConnell): S. Res. 1. A resolution informing the President of the United States that a quorum of each House is assembled; considered and agreed to. By Mr. REID (for himself and Mr. McConnell): S. Res. 2. A resolution informing the House of Representatives that a quorum of the Senate is assembled; considered and agreed to. By Mr. REID (for himself and Mr. McConnell): S. Res. 3. A resolution fixing the hour of daily meeting of the Senate; considered and agreed to. By Mr. UDALL of New Mexico (for himself, Mr. Merkley, and Mr. Harkin): S. Res. 4. A resolution to limit certain uses of the filibuster in the Senate to improve the legislative process; submitted and read. By Mr. UDALL of New Mexico (for Mr. Harkin (for himself and Ms. Mikulski)): S. Res. 5. A resolution amending the Standing Rules of the Senate to provide for cloture to be invoked with less than a three-fifths majority after additional debate; submitted and read. By Mr. MERKLEY: S. Res. 6. A resolution to modify extended debate in the Senate to improve the legislative process; submitted and read. By Mr. MERKLEY (for Mr. Lautenberg): S. Res. 7. A resolution to permit the Senate to avoid unnecessary delay and vote on matters for which floor debate has ceased; submitted and read. By Mr. REID (for himself and Mr. McConnell): S. Con. Res. 1. A concurrent resolution to provide for the counting on January 4, 2013, of the electoral votes for President and Vice President of the United States; considered and agreed to. By Mr. REID (for himself and Mr. McConnell): S. Con. Res. 2. A concurrent resolution extending the life of the Joint Congressional Committee on Inaugural Ceremonies; considered and agreed to. By Mr. REID (for himself and Mr. McConnell): S. Con. Res. 3. A concurrent resolution providing for a conditional adjournment or recess of the Senate and an adjournment of the House of Representatives; considered and agreed to. ____________________ SUBMITTED RESOLUTIONS ______ SENATE RESOLUTION 1--INFORMING THE PRESIDENT OF THE UNITED STATES THAT A QUORUM OF EACH HOUSE IS ASSEMBLED Mr. REID (for himself and Mr. McConnell) submitted the following resolution; which was considered and agreed to: S. Res. 1 Resolved, That a committee consisting of two Senators be appointed to join such committee as may be appointed by the House of Representatives to wait upon the President of the United States and inform him that a quorum of each House is assembled and that the Congress is ready to receive any communication he may be pleased to make. ____________________ SENATE RESOLUTION 2--INFORMING THE HOUSE OF REPRESENTATIVES THAT A QUORUM OF THE SENATE IS ASSEMBLED Mr. REID (for himself and Mr. McConnell) submitted the following resolution; which was considered and agreed to: S. Res. 2 Resolved, That the Secretary inform the House of Representatives that a quorum of the Senate is assembled and that the Senate is ready to proceed to business. ____________________ SENATE RESOLUTION 3--FIXING THE HOUR OF DAILY MEETING OF THE SENATE Mr. REID (for himself and Mr. McConnell) submitted the following resolution; which was considered and agreed to: S. Res. 3 Resolved, That the daily meeting of the Senate be 12 o'clock meridian unless otherwise ordered. ____________________ SENATE RESOLUTION 4--TO LIMIT CERTAIN USES OF THE FILIBUSTER IN THE SENATE TO IMPROVE THE LEGISLATIVE PROCESS Mr. UDALL of New Mexico (for himself, Mr. Merkley, and Mr. Harkin) submitted the following resolution; which was submitted and read: S. Res. 4 Resolved, SECTION 1. MOTIONS TO PROCEED. Paragraph 1 of rule XXII of the Standing Rules of the Senate is amended by inserting at the end the following new paragraph: ``Other than a motion made during the first 2 hours of a new legislative day as described in paragraph 2 of rule VIII, consideration of a motion to proceed to the consideration of any debatable matter, including debate on any debatable motion or appeal in connection therewith, shall be limited to not more than 2 hours, to be equally divided between, and controlled by, the Majority Leader and the Minority Leader or their designees. This paragraph shall not apply to motions considered nondebatable by the Senate pursuant to rule or precedent.''. SEC. 2. EXTENDED DEBATE. Paragraph 2 of rule XXII of the Standing Rules of the Senate is amended by striking the second undesignated paragraph and inserting the following: ``Is it the sense of the Senate that the debate shall be brought to a close? And if that question shall be decided in the affirmative by three-fifths of the Senators duly chosen and sworn, except on a measure or motion to amend the Senate rules, in which case the necessary affirmative vote shall be two-thirds of the Senators voting, a quorum being present, then cloture has been invoked. ``If that question is on disposition of a bill or joint resolution, a resolution or concurrent resolution, a substitute amendment for a bill or resolution, a motion with respect to amendments between the Houses, a conference report, or advice and consent to a nomination or treaty, and if such question shall be decided in the affirmative by a majority of Senators voting, a quorum being present, but less than three-fifths of the Senators duly chosen and sworn (or less than two-thirds of the Senators voting, a quorum being present, in the case of a measure or motion to amend the Senate rules), then it shall be in order for the Majority Leader (or his or her designee) to initiate a period of extended debate upon the measure, motion, or other matter pending before the Senate, or the unfinished business, in relation to which the motion to close debate was offered, in which case the period of extended debate shall begin one hour later. ``During a period of extended debate, such measure, motion, or other matter pending before the Senate, or the unfinished business, shall be the unfinished business to the exclusion of all other business, except on action or motion by the Majority Leader (or his or her designee). ``During a period of extended debate it shall not be in order for a Senator other than the Majority Leader (or his or her designee) to raise a question as to the presence of a quorum, except immediately prior to a vote or when it has been more than forty-eight hours since a quorum was demonstrated. If upon a roll call it shall be ascertained that a quorum is not present, then the Senate shall adjourn to a time previously decided by order of the Senate or, if no such time has been established, then to a time certain determined by the Majority Leader, after consultation with the Minority Leader. ``During a period of extended debate a motion to adjourn or recess shall not be in order, unless made by the Majority Leader (or his or her designee) or if the absence of a quorum has been demonstrated. Notwithstanding paragraph 1 of rule XIX, there shall be no limit to the number of times a Senator may speak upon any question during a period of extended debate. ``If, during the course of extended debate, the Presiding Officer puts any question to a vote, the Majority Leader (or his or her designee) may postpone any such vote, which shall occur at a time determined by the Majority Leader, after consultation with the Minority leader, but not later than the time at which a quorum is next demonstrated. ``If at any time during a period of extended debate no Senator seeks recognition, then the Presiding Officer shall inquire as to whether any Senator seeks recognition. If no Senator seeks recognition, then the Presiding Officer shall again put the question as [[Page 15]] to bringing debate to a close (and the Majority Leader or his or her designee may postpone such vote in accordance with the preceding paragraph), which shall be decided without further debate or intervening motion. If that question shall be decided in the affirmative by a majority of Senators voting, a quorum being present, then cloture has been invoked and the period of extended debate has ended. If that question shall be decided in the negative by a majority of Senators voting, a quorum being present, then the period of extended debate has ended. ``If cloture is invoked, then the measure, motion, other matter pending before the Senate, or the unfinished business, in relation to which the motion to close debate was offered, shall remain the unfinished business to the exclusion of all other business until disposed of.''. SEC. 3. POST-CLOTURE DEBATE ON NOMINATIONS. Paragraph 2 of rule XXII of the Standing Rules of the Senate is amended by striking ``After no more than thirty hours of consideration of the measure, motion, or other matter on which cloture has been invoked, the Senate shall proceed, without any further debate on any question, to vote on'' in the fourth undesignated paragraph and inserting ``After no more than 30 hours of consideration of the measure, motion, or other matter on which cloture has been invoked, except on the question of advice and consent to a nomination other than a nomination to a position as Justice of the Supreme Court in which case consideration shall be limited to 2 hours, the Senate shall proceed, without any further debate on any question, to vote on''. SEC. 4. CONFERENCE MOTIONS. Rule XXVIII of the Standing Rules of the Senate is amended by-- (1) redesignating paragraphs 1 through 9 as paragraphs 2 through 10, respectively; (2) redesignating any reference to paragraphs 1through 9 as paragraph 2 through 10, respectively; and (3) inserting before paragraph 2, as redesignated, the following: ``1. A nondivisible motion to disagree to a House amendment or insist upon a Senate amendment, to request a committee of conference with the House or to agree to a request by the House for a committee of conference, and to authorize the Presiding Officer to appoint conferees (or to appoint conferees), is in order and consideration of such a motion, including consideration of any debatable motion or appeal in connection therewith, shall be limited to not more than 2 hours.''. ____________________ SENATE RESOLUTION 5--AMENDING THE STANDING RULES OF THE SENATE TO PROVIDE FOR CLOTURE TO BE INVOKED WITH LESS THAN A THREE-FIFTHS MAJORITY AFTER ADDITIONAL DEBATE Mr. UDALL of New Mexico (for Mr. Harkin (for himself and Ms. Mikulski)) submitted the following resolution; which was submitted and read: S. Res. 5 Resolved, SECTION 1. SENATE CLOTURE MODIFICATION. Paragraph 2 of rule XXII of the Standing Rules of the Senate is amended to read as follows: ``2. (a) Notwithstanding the provisions of rule II or rule IV or any other rule of the Senate, at any time a motion signed by sixteen Senators, to bring to a close the debate upon any measure, motion, other matter pending before the Senate, or the unfinished business, is presented to the Senate, the Presiding Officer, or clerk at the direction of the Presiding Officer, shall at once state the motion to the Senate, and one hour after the Senate meets on the following calendar day but one, he shall lay the motion before the Senate and direct that the clerk call the roll, and upon the ascertainment that a quorum is present, the Presiding Officer shall, without debate, submit to the Senate by a yea-and-nay vote the question: `Is it the sense of the Senate that the debate shall be brought to a close?' And if that question shall be decided in the affirmative by three-fifths of the Senators duly chosen and sworn--except on a measure or motion to amend the Senate rules, in which case the necessary affirmative vote shall be two-thirds of the Senators present and voting--then said measure, motion, or other matter pending before the Senate, or the unfinished business, shall be the unfinished business. ``Thereafter no Senator shall be entitled to speak in all more than one hour on the measure, motion, or other matter pending before the Senate, or the unfinished business, the amendments thereto, and motions affecting the same, and it shall be the duty of the Presiding Officer to keep the time of each Senator who speaks. Except by unanimous consent, no amendment shall be proposed after the vote to bring the debate to a close, unless it had been submitted in writing to the Journal Clerk by 1 o'clock p.m. on the day following the filing of the cloture motion if an amendment in the first degree, and unless it had been so submitted at least one hour prior to the beginning of the cloture vote if an amendment in the second degree. No dilatory motion, or dilatory amendment, or amendment not germane shall be in order. Points of order, including questions of relevancy, and appeals from the decision of the Presiding Officer, shall be decided without debate. ``After no more than thirty hours of consideration of the measure, motion, or other matter on which cloture has been invoked, the Senate shall proceed, without any further debate on any question, to vote on the final disposition thereof to the exclusion of all amendments not then actually pending before the Senate at that time and to the exclusion of all motions, except a motion to table, or to reconsider and one quorum call on demand to establish the presence of a quorum (and motions required to establish a quorum) immediately before the final vote begins. The thirty hours may be increased by the adoption of a motion, decided without debate, by a three-fifths affirmative vote of the Senators duly chosen and sworn, and any such time thus agreed upon shall be equally divided between and controlled by the majority and minority leaders or their designees. However, only one motion to extend time, specified above, may be made in any one calendar day. ``If, for any reason, a measure or matter is reprinted after cloture has been invoked, amendments which were in order prior to the reprinting of the measure or matter will continue to be in order and may be conformed and reprinted at the request of the amendment's sponsor. The conforming changes must be limited to lineation and pagination. ``No Senator shall call up more than two amendments until every other Senator shall have had the opportunity to do likewise. ``Notwithstanding other provisions of this rule, a Senator may yield all or part of his one hour to the majority or minority floor managers of the measure, motion, or matter or to the majority or minority leader, but each Senator specified shall not have more than two hours so yielded to him and may in turn yield such time to other Senators. ``Notwithstanding any other provision of this rule, any Senator who has not used or yielded at least ten minutes, is, if he seeks recognition, guaranteed up to ten minutes, inclusive, to speak only. ``After cloture is invoked, the reading of any amendment, including House amendments, shall be dispensed with when the proposed amendment has been identified and has been available in printed form at the desk of the Members for not less than twenty-four hours. ``(b)(1) If, upon a vote taken on a motion presented pursuant to subparagraph (a), the Senate fails to invoke cloture with respect to a measure, motion, or other matter pending before the Senate, or the unfinished business, subsequent motions to bring debate to a close may be made with respect to the same measure, motion, matter, or unfinished business. It shall not be in order to file subsequent cloture motions on any measure, motion, or other matter pending before the Senate, except by unanimous consent, until the previous motion has been disposed of. ``(2) Such subsequent motions shall be made in the manner provided by, and subject to the provisions of, subparagraph (a), except that the affirmative vote required to bring to a close debate upon that measure, motion, or other matter, or unfinished business (other than a measure or motion to amend Senate rules) shall be reduced by three votes on the second such motion, and by three additional votes on each succeeding motion, until the affirmative vote is reduced to a number equal to or less than an affirmative vote of a majority of the Senators duly chosen and sworn. The required vote shall then be an affirmative vote of a majority of the Senators duly chosen and sworn. The requirement of an affirmative vote of a majority of the Senators duly chosen and sworn shall not be further reduced upon any vote taken on any later motion made pursuant to this subparagraph with respect to that measure, motion, matter, or unfinished business.''. SEC. 2. SPECIAL CONSIDERATION OF AMENDMENTS POSTCLOTURE. Paragraph 2 of rule XXII of the Standing Rules of the Senate is amended by inserting at the end the following: ``After debate has concluded under this paragraph but prior to final disposition of the pending matter, the Majority Leader and the Minority Leader may each offer not to exceed 3 amendments identified as leadership amendments if they have been timely filed under this paragraph and are germane to the matter being amended. Debate on a leadership amendment shall be limited to 1 hour equally divided. A leadership amendment may not be divided.''. ____________________ SENATE RESOLUTION 6--TO MODIFY EXTENDED DEBATE IN THE SENATE TO IMPROVE THE LEGISLATIVE PROCESS Mr. MERKLEY submitted the following resolution; which was submitted and read: S. Res. 6 Resolved, [[Page 16]] SECTION 1. EXTENDED DEBATE. Paragraph 2 of rule XXII of the Standing Rules of the Senate is amended by striking the second undesignated paragraph and inserting the following: ``Is it the sense of the Senate that the debate shall be brought to a close? And if that question shall be decided in the affirmative by three-fifths of the Senators duly chosen and sworn, except on a measure or motion to amend the Senate rules, in which case the necessary affirmative vote shall be two-thirds of the Senators voting, a quorum being present, then cloture has been invoked. ``If that question is on disposition of a bill or joint resolution, a resolution or concurrent resolution, a substitute amendment for a bill or resolution, a motion with respect to amendments between the Houses, a conference report, or advice and consent to a nomination or treaty, and if such question shall be decided in the affirmative by a majority of Senators voting, a quorum being present, but less than three-fifths of the Senators duly chosen and sworn (or less than two-thirds of the Senators voting, a quorum being present, in the case of a measure or motion to amend the Senate rules), then it shall be in order for the Majority Leader (or his or her designee) to initiate a period of extended debate upon the measure, motion, or other matter pending before the Senate, or the unfinished business, in relation to which the motion to close debate was offered, in which case the period of extended debate shall begin one hour later. ``During a period of extended debate, such measure, motion, or other matter pending before the Senate, or the unfinished business, shall be the unfinished business to the exclusion of all other business, except on action or motion by the Majority Leader (or his or her designee). ``During a period of extended debate it shall not be in order for a Senator other than the Majority Leader (or his or her designee) to raise a question as to the presence of a quorum, except immediately prior to a vote or when it has been more than forty-eight hours since a quorum was demonstrated. If upon a roll call it shall be ascertained that a quorum is not present, then the Senate shall adjourn to a time previously decided by order of the Senate or, if no such time has been established, then to a time certain determined by the Majority Leader, after consultation with the Minority Leader. ``During a period of extended debate a motion to adjourn or recess shall not be in order, unless made by the Majority Leader (or his or her designee) or if the absence of a quorum has been demonstrated. Notwithstanding paragraph 1 of rule XIX, there shall be no limit to the number of times a Senator may speak upon any question during a period of extended debate. ``If, during the course of extended debate, the Presiding Officer puts any question to a vote, the Majority Leader (or his or her designee) may postpone any such vote, which shall occur at a time determined by the Majority Leader, after consultation with the Minority leader, but not later than the time at which a quorum is next demonstrated. ``If at any time during a period of extended debate no Senator seeks recognition, then the Presiding Officer shall inquire as to whether any Senator seeks recognition. If no Senator seeks recognition, then the Presiding Officer shall again put the question as to bringing debate to a close (and the Majority Leader or his or her designee may postpone such vote in accordance with the preceding paragraph), which shall be decided without further debate or intervening motion. If that question shall be decided in the affirmative by a majority of Senators voting, a quorum being present, then cloture has been invoked and the period of extended debate has ended. If that question shall be decided in the negative by a majority of Senators voting, a quorum being present, then the period of extended debate has ended. ``If cloture is invoked, then the measure, motion, other matter pending before the Senate, or the unfinished business, in relation to which the motion to close debate was offered, shall remain the unfinished business to the exclusion of all other business until disposed of.''. ____________________ SENATE RESOLUTION 7--TO PERMIT THE SENATE TO AVOID UNNECESSARY DELAY AND VOTE ON MATTERS FOR WHICH FLOOR DEBATE HAS CEASED Mr. MERKLEY (for Mr. Lautenberg) submitted the following resolution; which was submitted and read: S. Res. 7 Resolved, SECTION 1. AMENDMENT TO THE STANDING RULES OF THE SENATE. Paragraph 2 of rule XXII of the Standing Rules of the Senate is amended by-- (1) inserting after the second undesignated subparagraph the following: ``Following the filing of the cloture motion and prior to the cloture vote, as long as the matter on which cloture has been filed remains the pending matter-- ``(1) there shall be no dilatory motion, including dilatory quorum calls, in order; and ``(2) if, at any time, no Senator seeks recognition on the floor, it shall be in order for the Majority Leader to put the question on cloture as long as any applicable filing deadline for first degree amendments has passed.''; and (2) inserting after the fifth undesignated subparagraph (after the amendment by paragraph (1)) the following: ``If, at any time after cloture is invoked on an executive nomination or a motion to proceed, no Senator seeks recognition on the floor, it shall be in order for the Majority Leader to put the question on which cloture has been invoked.''. ____________________ SENATE CONCURRENT RESOLUTION 1--TO PROVIDE FOR THE COUNTING ON JANUARY 4, 2013, OF THE ELECTORAL VOTES FOR PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES Mr. REID (for himself and Mr. McConnell) submitted the following concurrent resolution; which was considered and agreed to: S. Con. Res. 1 Resolved by the Senate (the House of Representatives concurring), That the two Houses of Congress shall meet in the Hall of the House of Representatives on Thursday, the 4th day of January 2013, at 1 o'clock post meridian, pursuant to the requirements of the Constitution and laws relating to the election of President and Vice President of the United States, and the President of the Senate shall be their Presiding Officer; that two tellers shall be previously appointed by the President of the Senate on the part of the Senate and two by the Speaker on the part of the House of Representatives, to whom shall be handed, as they are opened by the President of the Senate, all the certificates and papers purporting to be certificates of the electoral votes, which certificates and papers shall be opened, presented, and acted upon in the alphabetical order of the States, beginning with the letter ``A''; and said tellers, having then read the same in the presence and hearing of the two Houses, shall make a list of the votes as they shall appear from said certificates; and the votes having been ascertained and counted in the manner and according to the rules by law provided, the result of the same shall be delivered to the President of the Senate, who shall thereupon announce the state of the vote, which announcement shall be deemed a sufficient declaration of the persons, if any, elected President and Vice President of the United States, and, together with a list of the votes, be entered on the Journals of the two Houses. ____________________ SENATE CONCURRENT RESOLUTION 2--EXTENDING THE LIFE OF THE JOINT CONGRESSIONAL COMMITTEE ON INAUGURAL CEREMONIES Mr. REID (for himself and Mr. McConnell) submitted the following concurrent resolution; which was considered and agreed to: S. Con. Res. 2 Resolved by the Senate (the House of Representatives concurring), SECTION 1. REAUTHORIZATION OF JOINT COMMITTEE. Effective from January 3, 2013, the joint committee created by Senate Concurrent Resolution 35 (112th Congress), to make the necessary arrangements for the inauguration of the President-elect and the Vice President-elect of the United States, is continued with the same power and authority provided for in that resolution. SEC. 2. USE OF CAPITOL. Effective from January 3, 2013, the provisions of Senate Concurrent Resolution 36 (112th Congress), to authorize the use of the rotunda and Emancipation Hall of the Capitol by the Joint Congressional Committee on Inaugural Ceremonies in connection with the proceedings and ceremonies conducted for the inauguration of the President-elect and the Vice President-elect of the United States are continued with the same power and authority provided for in that resolution. ____________________ SENATE CONCURRENT RESOLUTION 3--PROVIDING FOR A CONDITIONAL ADJOURNMENT OR RECESS OF THE SENATE AND AN ADJOURNMENT OF THE HOUSE OF REPRESENTATIVES Mr. REID (for himself and Mr. McConnell) submitted the following concurrent resolution; which was considered and agreed to: S. Con. Res. 3 Resolved by the Senate (the House of Representatives concurring), That when the Senate recesses or adjourns on any day from Friday, January 4, 2013 through Monday, January 21, 2013, on a motion offered pursuant to this concurrent resolution by its Majority [[Page 17]] Leader or his designee, it stand recessed or adjourned until 12:00 noon on Monday, January 21, 2013, or such other time on that day as may be specified by its Majority Leader or his designee in the motion to recess or adjourn, or until the time of any reassembly pursuant to section 2 of this concurrent resolution, whichever occurs first; and that when the House adjourns on any legislative day from Friday, January 4, 2013, through Saturday, January 5, 2013, on a motion offered pursuant to this concurrent resolution by its Majority Leader or his designee, it stand adjourned until 2:00 p.m. on Monday, January 14, 2013, or until the time of any reassembly pursuant to section 2 of this concurrent resolution, whichever occurs first. Sec. 2. The Majority Leader of the Senate and the Speaker of the House, or their respective designees, acting jointly after consultation with the Minority Leader of the Senate and the Minority Leader of the House, shall notify the Members of the Senate and House, respectively, to reassemble at such place and time as they may designate if, in their opinion, the public interest shall warrant it. I suggest the absence of a quorum. The PRESIDING OFFICER. The clerk will call the roll. The legislative clerk proceeded to call the roll. Mr. MERKLEY. Madam President, I ask unanimous consent that the order for the quorum call be rescinded. The PRESIDING OFFICER. Without objection, it is so ordered. ____________________ RECESS SUBJECT TO THE CALL OF THE CHAIR Mr. MERKLEY. Madam President, I ask unanimous consent that the Senate stand in recess subject to the call of the Chair. The PRESIDING OFFICER. Without objection, it is so ordered. There being no objection, the Senate, at 1:08 p.m., recessed subject to the call of the Chair and reassembled at 4:08, when called to order by the Presiding Officer (Mr. Sanders). ____________________ EXECUTIVE COMMUNICATIONS--ASCERTAINMENT OF THE ELECTORS FOR PRESIDENT AND VICE PRESIDENT The PRESIDING OFFICER. The Chair lays before the Senate communications from the Director of the National Archives, transmitting, pursuant to the law, certified copies of the final ascertainment of the electors for President and Vice President, which are ordered to lie on the table. The majority leader. ____________________ ORDERS FOR FRIDAY, JANUARY 4, 2013 Mr. REID. Mr. President, I ask unanimous consent that when the Senate completes its business today, it recess until 12:30 p.m. tomorrow, Friday, January 4, 2013; that following the prayer and pledge, the Journal of proceedings be approved to date, and the time for the two leaders be reserved for their use later in the day; that following any leader remarks, the Senate recess for the joint session for the counting of electoral votes to elect Barack Obama President. The PRESIDING OFFICER. Without objection, it is so ordered. ____________________ PROGRAM Mr. REID. Mr. President, Senators will gather at 12:45 p.m. tomorrow to proceed together to the joint session. ____________________ RECESS UNTIL 12:30 P.M. TOMORROW Mr. REID. Mr. President, if there is no further business to come before the Senate, I ask unanimous consent that the Senate recess under the previous order. There being no objection, the Senate, at 4:09 p.m., recessed until Friday, January 4, 2013, at 12:30 p.m. ____________________ NOMINATIONS RETURNED TO THE PRESIDENT Thursday, January 3, 2013 The following nominations transmitted by the President of the United States to the Senate during the 112th Congress, and upon which no action was had at the time of the adjournment of the 112th Congress, failed of confirmation under the provisions of Rule XXXI, paragraph 6, of the Standing Rules of the Senate. Barry Goldwater Scholarship and Excellence in Education Foundation Walter G. Secada, of Florida, to be a Member of the Board of Trustees of the Barry Goldwater Scholarship and Excellence in Education Foundation for a term expiring March 3, 2016. Broadcasting Board of Governors Jeffrey Shell, of California, to be a Member of the Broadcasting Board of Governors for a term expiring August 13, 2015. Jeffrey Shell, of California, to be Chairman of the Broadcasting Board of Governors. Chemical Safety and Hazard Investigation Board Richard J. Engler, of New Jersey, to be a Member of the Chemical Safety and Hazard Investigation Board for a term of five years. Consumer Product Safety Commission Marietta S. Robinson, of Michigan, to be a Commissioner of the Consumer Product Safety Commission for a term of seven years from October 27, 2010. Corporation for National and Community Service Mark D. Gearan, of New York, to be a Member of the Board of Directors of the Corporation for National and Community Service for a term expiring December 1, 2015. Department of Defense Eric Kenneth Fanning, of the District of Columbia, to be Under Secretary of the Air Force. Frederick Vollrath, of Virginia, to be an Assistant Secretary of Defense. Alan F. Estevez, of the District of Columbia, to be a Principal Deputy Under Secretary of Defense. Department of Health and Human Services Marilyn B. Tavenner, of Virginia, to be Administrator of the Centers for Medicare and Medicaid Services. William B. Shultz, of the District of Columbia, to be General Counsel of the Department of Health and Human Services. Department of Justice Andrew L. Traver, of Illinois, to be Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives. Gary Blankinship, of Texas, to be United States Marshal for the Southern District of Texas for the term of four years. Sylvia M. Becker, of the District of Columbia, to be a Member of the Foreign Claims Settlement Commission of the United States for the term expiring September 30, 2013. Derek Anthony West, of California, to be Associate Attorney General. Timothy J. Feighery, of New York, to be Chairman of the Foreign Claims Settlement Commission of the United States for a term expiring September 30, 2015. Department of State Carlos Pascual, of the District of Columbia, to be an Assistant Secretary of State (Energy Resources). Rose Eilene Gottemoeller, of Virginia, to be Under Secretary of State for Arms Control and International Security. Department of the Interior Marcilynn A. Burke, of North Carolina, to be an Assistant Secretary of the Interior. Vincent G. Logan, of New York, to be Special Trustee, Office of Special Trustee for American Indians, Department of the Interior. Department of the Treasury Christopher J. Meade, of New York, to be General Counsel for the Department of the Treasury. Bibiana Boerio, of Pennsylvania, to be Director of the Mint for a term of five years. Department of Veterans Affairs Constance B. Tobias, of Maryland, to be Chairman of the Board of Veterans' Appeals for a term of six years. Election Assistance Commission Myrna Perez, of Texas, to be a Member of the Election Assistance Commission for the remainder of the term expiring December 12, 2011. Myrna Perez, of Texas, to be a Member of the Election Assistance Commission for a term expiring December 12, 2015. Thomas Hicks, of Virginia, to be a Member of the Election Assistance Commission for a term expiring December 12, 2013. Environmental Protection Agency Kenneth J. Kopocis, of Virginia, to be an Assistant Administrator of the Environmental Protection Agency. James J. Jones, of the District of Columbia, to be Assistant Administrator for Toxic Substances of the Environmental Protection Agency. Equal Employment Opportunity Commission Jenny R. Yang, of the District of Columbia, to be a Member of the Equal Employment Opportunity Commission for a term expiring July 1, 2017. Executive Office of the President Michael A. Botticelli, of Massachusetts, to be Deputy Director of National Drug Control Policy. Federal Labor Relations Authority Ernest W. Dubester, of Virginia, to be a Member of the Federal Labor Relations Authority for a term of five years expiring July 29, 2017. Carol Waller Pope, of the District of Columbia, to be a Member of the Federal Labor Relations Authority for a term of five years expiring July 1, 2014. Federal Maritime Commission Richard A. Lidinsky, Jr., of Maryland, to be a Federal Maritime Commissioner for the term expiring June 30, 2017. Federal Mine Safety and Health Review Commission Robert F. Cohen, Jr., of West Virginia, to be a Member of the Federal Mine Safety and Health Review Commission for a term of six years expiring August 30, 2018. Harry S Truman Scholarship Foundation Vicki Miles-LaGrange, of Oklahoma, to be a Member of the Board of Trustees of the Harry S Truman Scholarship Foundation for a term expiring December 10, 2015. Michael Wayne Hail, of Kentucky, to be a Member of the Board of Trustees of the Harry S Truman Scholarship Foundation for a term expiring December 10, 2017. Institute of American Indian and Alaska Native Culture and Arts Development Bidtah N. Becker, of New Mexico, to be a Member of the Board of Trustees of the Institute of [[Page 18]] American Indian and Alaska Native Culture and Arts Development for a term expiring May 19, 2018. International Monetary Fund Ben S. Bernanke, of New Jersey, to be United States Alternate Governor of the International Monetary Fund for a term of five years. James Madison Memorial Fellowship Foundation Martin O'Malley, of Maryland, to be a Member of the Board of Trustees of the James Madison Memorial Fellowship Foundation for a term expiring November 5, 2018. Martin O'Malley, of Maryland, to be a Member of the Board of Trustees of the James Madison Memorial Fellowship Foundation for the remainder of the term expiring November 5, 2012. Legal Services Corporation Robert James Grey, Jr., of Virginia, to be a Member of the Board of Directors of the Legal Services Corporation for a term expiring July 13, 2014. John Gerson Levi, of Illinois, to be a Member of the Board of Directors of the Legal Services Corporation for a term expiring July 13, 2014. Laurie I. Mikva, of Illinois, to be a Member of the Board of Directors of the Legal Services Corporation for a term expiring July 13, 2013. Martha L. Minow, of Massachusetts, to be a Member of the Board of Directors of the Legal Services Corporation for a term expiring July 13, 2014. Gloria Valencia-Weber, of New Mexico, to be a Member of the Board of Directors of the Legal Services Corporation for a term expiring July 13, 2014. Morris K. Udall and Stewart L. Udall Foundation Charles P. Rose, of Illinois, to be a Member of the Board of Trustees of the Morris K. Udall and Stewart L. Udall Foundation for a term expiring April 16, 2017. Anne J. Udall, of Oregon, to be a Member of the Board of Trustees of the Morris K. Udall and Stewart L. Udall Foundation for a term expiring October 6, 2016. National Council on Disability Fernando Torres-Gil, of California, to be a Member of the National Council on Disability for a term expiring September 17, 2014. National Foundation on the Arts and the Humanities Agnes Gund, of New York, to be a Member of the National Council on the Arts for a term expiring September 3, 2016. Suravi Gangopadhyay, of Michigan, to be a Member of the National Museum and Library Services Board for a term expiring December 6, 2016. Luis Herrera, of California, to be a Member of the National Museum and Library Services Board for a term expiring December 6, 2014. Suzanne E. Thorin, of New York, to be a Member of the National Museum and Library Services Board for a term expiring December 6, 2015. Charles Benton, of Illinois, to be a Member of the National Museum and Library Services Board for a term expiring December 6, 2013. Christie Pearson Brandau, of Iowa, to be a Member of the National Museum and Library Services Board for a term expiring December 6, 2016. Norberto Jesus Castro, of Arizona, to be a Member of the National Museum and Library Services Board for a term expiring December 6, 2016. Dorothy Kosinski, of the District of Columbia, to be a Member of the National Council on the Humanities for a term expiring January 26, 2016. Ranee Ramaswamy, of Minnesota, to be a Member of the National Council on the Arts for a term expiring September 3, 2018. Eric J. Jolly, of Minnesota, to be a Member of the National Museum and Library Services Board for a term expiring December 6, 2016. Susana Torruella Leval, of New York, to be a Member of the National Museum and Library Services Board for a term expiring December 6, 2015. John Unsworth, of Massachusetts, to be a Member of the National Council on the Humanities for a term expiring January 26, 2016. Olga Viso, of Minnesota, to be a Member of the National Council on the Arts for a term expiring September 3, 2018. National Institute of Building Sciences Timothy Hyungrock Haahs, of Pennsylvania, to be a Member of the Board of Directors of the National Institute of Building Sciences for a term expiring September 7, 2014. National Labor Relations Board Lafe E. Solomon, of Maryland, to be General Counsel of the National Labor Relations Board. Sharon Block, of the District of Columbia, to be a Member of the National Labor Relations Board for the term of five years expiring December 16, 2014. Richard F. Griffin, Jr., of the District of Columbia, to be a Member of the National Labor Relations Board for the term of five years expiring August 27, 2016. Sharon Block, of the District of Columbia, to be a Member of the National Labor Relations Board for the term of five years expiring December 16, 2014, to which position she was appointed during the last recess of the Senate. Richard F. Griffin, Jr., of the District of Columbia, to be a Member of the National Labor Relations Board for the term of five years expiring August 27, 2016, to which position he was appointed during the last recess of the Senate. National Mediation Board Harry R. Hoglander, of Massachusetts, to be a Member of the National Mediation Board for a term expiring July 1, 2014. Nicholas Christopher Geale, of Virginia, to be a Member of the National Mediation Board for a term expiring July 1, 2013. Linda A. Puchala, of Maryland, to be a Member of the National Mediation Board for a term expiring July 1, 2015. National Science Foundation Arthur Bienenstock, of California, to be a Member of the National Science Board, National Science Foundation for a term expiring May 10, 2016. Privacy and Civil Liberties Oversight Board David Medine, of Maryland, to be Chairman and Member of the Privacy and Civil Liberties Oversight Board for a term expiring January 29, 2012. David Medine, of Maryland, to be Chairman and Member of the Privacy and Civil Liberties Oversight Board for a term expiring January 29, 2018. Social Security Administration Henry J. Aaron, of the District of Columbia, to be a Member of the Social Security Advisory Board for a term expiring September 30, 2014. Marie F. Smith, of Hawaii, to be a Member of the Social Security Advisory Board for a term expiring September 30, 2016. Superior Court of the District of Columbia Donna Mary Murphy, 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. Tennessee Valley Authority Marilyn A. Brown, of Georgia, to be a Member of the Board of Directors of the Tennessee Valley Authority for a term expiring May 18, 2017. The Judiciary Rosemary Marquez, of Arizona, to be United States District Judge for the District of Arizona. Kevin A. Ohlson, of Virginia, to be a Judge of the United States Court of Appeals for the Armed Forces for the term of fifteen years to expire on the date prescribed by law. Patty Shwartz, of New Jersey, to be United States Circuit Judge for the Third Circuit. Richard Gary Taranto, of Maryland, to be United States Circuit Judge for the Federal Circuit. Robert E. Bacharach, of Oklahoma, to be United States Circuit Judge for the Tenth Circuit. William J. Kayatta, Jr., of Maine, to be United States Circuit Judge for the First Circuit. Jill A. Pryor, of Georgia, to be United States Circuit Judge for the Eleventh Circuit. Elissa F. Cadish, of Nevada, to be United States District Judge for the District of Nevada. Brian J. Davis, of Florida, to be United States District Judge for the Middle District of Florida. Rainey Ransom Brandt, 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. Shelly Deckert Dick, of Louisiana, to be United States District Judge for the Middle District of Louisiana. Srikanth Srinivasan, of Virginia, to be United States Circuit Judge for the District of Columbia Circuit. William H. Orrick, III, of the District of Columbia, to be United States District Judge for the Northern District of California. Katherine Polk Failla, of New York, to be United States District Judge for the Southern District of New York. Troy L. Nunley, of California, to be United States District Judge for the Eastern District of California. Sheri Polster Chappell, of Florida, to be United States District Judge for the Middle District of Florida. Mark A. Barnett, of Virginia, to be a Judge of the United States Court of International Trade. Pamela Ki Mai Chen, of New York, to be United States District Judge for the Eastern District of New York. Caitlin Joan Halligan, of New York, to be United States Circuit Judge for the District of Columbia Circuit. Jennifer A. Dorsey, of Nevada, to be United States District Judge for the District of Nevada. Andrew Patrick Gordon, of Nevada, to be United States District Judge for the District of Nevada. Michael J. McShane, of Oregon, to be United States District Judge for the District of Oregon. Ketanji Brown Jackson, of Maryland, to be United States District Judge for the District of Columbia. Nelson Stephen Roman, of New York, to be United States District Judge for the Southern District of New York. 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. Valerie E. Caproni, of the District of Columbia, to be United States District Judge for the Southern District of New York. Kenneth John Gonzales, of New Mexico, to be United States District Judge for the District of New Mexico. Raymond P. Moore, of Colorado, to be United States District Judge for the District of Colorado. Beverly Reid O'Connell, of California, to be United States District Judge for the Central District of California. William L. Thomas, of Florida, to be United States District Judge for the Southern District of Florida. Analisa Torres, of New York, to be United States District Judge for the Southern District of New York. Derrick Kahala Watson, of Hawaii, to be United States District Judge for the District of Hawaii. Claire R. Kelly, of New York, to be a Judge of the United States Court of International Trade. Nitza I. Quinones Alejandro, of Pennsylvania, to be United States District Judge for the Eastern District of Pennsylvania. Luis Felipe Restrepo, of Pennsylvania, to be United States District Judge for the Eastern District of Pennsylvania. Jeffrey L. Schmehl, of Pennsylvania, to be United States District Judge for the Eastern District of Pennsylvania. United Nations Joan M. Prince, of Wisconsin, to be an Alternate Representative of the United States of America to the Sixty- seventh Session of the General Assembly of the United Nations. Ted R. Dintersmith, of Virginia, to be an Alternate Representative of the United States of America to the Sixty- seventh Session of the General Assembly of the United Nations. Cheryl Saban, of California, to be Representative of the United States of America to the Sixty-seventh Session of the General Assembly of the United Nations. United States Advisory Commission on Public Diplomacy Alfredo J. Balsera, of Florida, to be a Member of the United States Advisory Commission on Public Diplomacy for a term expiring July 1, 2014. United States International Trade Commission F. Scott Kieff, of Illinois, to be a Member of the United States International Trade Commission for the term expiring June 16, 2020. United States Postal Service Katherine C. Tobin, of New York, to be a Governor of the United States Postal Service for a term expiring December 8, 2016. James C. Miller, III, of Virginia, to be a Governor of the United States Postal Service for the term expiring December 8, 2017. Stephen Crawford, of Maryland, to be a Governor of the United States Postal Service for the remainder of the term expiring December 8, 2015. United States Sentencing Commission Charles R. Breyer, of California, to be a Member of the United States Sentencing Commission for a term expiring October 31, 2015. In the Air Force Air Force nomination of Col. David W. Stickley, to be Brigadier General. Air Force nomination of Colonel Ricky J. Locastro, to be Brigadier General. Air Force nomination of Colonel Robert C. Bolton, to be Brigadier General. Air Force nomination of Col. Nathaniel S. Reddicks, to be Brigadier General. Air Force nomination of Col. Robert J. Becklund, to be Brigadier General. [[Page 19]] Air Force nomination of Brig. Gen. James C. Witham, to be Major General. Air Force nominations beginning with Colonel Richard W. Kelly and ending with Colonel Jill J. Nelson, which nominations were received by the Senate and appeared in the Congressional Record on September 13, 2012. Air Force nominations beginning with Colonel Stephen E. Rader and ending with Colonel Randall A. Spear, Jr., which nominations were received by the Senate and appeared in the Congressional Record on September 13, 2012. In the Army Army nomination of Brig. Gen. Joseph C. Carter, to be Major General . Army nominations beginning with Col. John M. Cho and ending with Col. Jeffrey B. Clark, which nominations were received by the Senate and appeared in the Congressional Record on January 23, 2012. Army nomination of Brig. Gen. John L. Gronski, to be Major General. Army nomination of Col. Marion Garcia, to be Brigadier General. Army nomination of Gen. David M. Rodriguez, to be General. Army nomination of Lt. Gen. John F. Campbell, to be General. Army nomination of Colonel Erik C. Peterson, to be Brigadier General. In the Coast Guard Coast Guard nomination of Radm Steven E. Day, USCGR, to be Rear Admiral. In the Navy Navy nomination of Capt. Deborah P. Haven, to be Rear Admiral (lower half). Navy nomination of Capt. Timothy W. Dorsey, to be Rear Admiral (lower half). In the Army Army nomination of Robert H. McCarthy III, to be Colonel. Army nomination of Jason R. Purvis, to be Major. Army nomination of Burton C. Glover, to be Lieutenant Colonel. Foreign Service Foreign Service nomination of R. Douglass Arbuckle. Foreign Service nomination of Geoffrey W. Wiggin. Foreign Service nomination of Scott S. Cameron. Foreign Service nominations beginning with Sharon Lee Cromer and ending with Maria Rendon Labadan, which nominations were received by the Senate and appeared in the Congressional Record on November 27, 2012. Foreign Service nomination of Daniel Menco Hirsch. [[Page 20]] HOUSE OF REPRESENTATIVES--Thursday, January 3, 2013 This being the day fixed by the 20th amendment to the Constitution of the United States, for the meeting of the 113th Congress of the United States, the Representatives-elect met in their Hall, and at noon were called to order by the Clerk of the House of Representatives, Hon. Karen L. Haas. The Chaplain, the Reverend Patrick J. Conroy, offered the following prayer: Loving God, we give You thanks for giving us another day. We gather on this most significant day, when once again we celebrate the peaceful transition of democratic government. Though many return from the 112th Congress, this people's House is a new legislative assembly. May the service of all the Members here gathered give You glory, and acquit well the charge entrusted to them by their fellow citizens. Give each Member an abundance of wisdom, knowledge, and understanding, that they might know best how to proceed in the work they have to do, as well as the courage to act once they have discerned where Your Spirit might lead them. And may all that is done this day, and all the days of the 113th Congress, be for Your greater honor and glory. Amen. Pledge of Allegiance The CLERK. The Representatives-elect and their guests will please remain standing and join in the Pledge of Allegiance. The Clerk led the Pledge of Allegiance as follows: I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. The CLERK. As directed by law, the Clerk of the House has prepared the official roll of the Representatives-elect. Certificates of election covering 435 seats in the 113th Congress have been received by the Clerk of the House, and the names of those persons whose credentials show that they were regularly elected as Representatives in accord with the laws of their respective States or of the United States will be called. The Representatives-elect will record their presence by electronic device and their names will be reported in alphabetical order by State, beginning with the State of Alabama, to determine whether a quorum is present. Representatives-elect will have a minimum of 15 minutes to record their presence by electronic device. Representatives-elect who have not obtained their voting ID cards may do so now in the Speaker's lobby. The call was taken by electronic device, and the following Representatives-elect responded to their names: [Roll No. 1] ANSWERED ``PRESENT''--429 ALABAMA Aderholt Bachus Bonner Brooks Roby Rogers Sewell ALASKA Young ARIZONA Barber Franks Gosar Grijalva Kirkpatrick Pastor Salmon Schweikert Sinema ARKANSAS Cotton Crawford Griffin Womack CALIFORNIA Bass Becerra Bera Brownley Calvert Campbell Capps Cardenas Chu Cook Costa Davis Denham Eshoo Farr Garamendi Hahn Honda Huffman Hunter Issa LaMalfa Lee Lofgren, Zoe Lowenthal Matsui McCarthy McClintock McKeon McNerney Miller, Gary Miller, George Napolitano Negrete McLeod Nunes Pelosi Peters Rohrabacher Royce Ruiz Sanchez, Linda T. Sanchez, Loretta Schiff Sherman Speier Swalwell Takano Thompson Valadao Vargas Waters Waxman COLORADO Coffman DeGette Gardner Lamborn Perlmutter Polis Tipton CONNECTICUT Courtney DeLauro Esty Himes Larson DELAWARE Carney FLORIDA Bilirakis Brown Buchanan Castor Crenshaw DeSantis Deutch Diaz-Balart Frankel Garcia Grayson Hastings Mica Miller Murphy Nugent Posey Radel Rooney Ros-Lehtinen Ross Southerland Wasserman Schultz Webster Wilson Yoho Young GEORGIA Barrow Bishop Broun Collins Gingrey Graves Johnson Kingston Price Scott, Austin Scott, David Westmoreland Woodall HAWAII Gabbard Hanabusa IDAHO Labrador Simpson ILLINOIS Bustos Davis, Danny Davis, Rodney Duckworth Enyart Foster Gutierrez Hultgren Kinzinger Quigley Roskam Rush Schakowsky Schneider Schock Shimkus INDIANA Brooks Bucshon Carson Messer Rokita Stutzman Visclosky Walorski Young IOWA Braley King Latham Loebsack KANSAS Huelskamp Jenkins Pompeo Yoder KENTUCKY Barr Guthrie Massie Rogers Whitfield Yarmuth LOUISIANA Alexander Boustany Cassidy Fleming Richmond Scalise MAINE Michaud Pingree MARYLAND Cummings Delaney Edwards Harris Hoyer Ruppersberger Sarbanes Van Hollen MASSACHUSETTS Capuano Keating Kennedy Lynch Markey McGovern Neal Tierney Tsongas MICHIGAN Amash Benishek Bentivolio Camp Conyers Dingell Huizenga Kildee Levin Miller Peters Rogers Upton Walberg MINNESOTA Bachmann Ellison Kline McCollum Nolan Paulsen Peterson Walz MISSISSIPPI Harper Nunnelee Palazzo Thompson MISSOURI Clay Cleaver Emerson Graves Hartzler Long Luetkemeyer Wagner MONTANA Daines NEBRASKA Fortenberry Smith Terry NEVADA Amodei Heck Horsford Titus NEW HAMPSHIRE Kuster Shea-Porter NEW JERSEY Andrews Frelinghuysen Garrett Holt Lance LoBiondo Pallone Pascrell Payne Runyan Sires Smith [[Page 21]] NEW MEXICO Lujan Grisham Lujan, Ben Ray Pearce NEW YORK Bishop Clarke Collins Crowley Engel Gibson Grimm Hanna Higgins Israel Jeffries King Lowey Maffei Maloney, Carolyn Maloney, Sean McCarthy Meeks Meng Nadler Owens Rangel Reed Serrano Slaughter Tonko Velazquez NORTH CAROLINA Butterfield Coble Ellmers Foxx Holding Hudson Jones McHenry McIntyre Meadows Pittenger Price Watt NORTH DAKOTA Cramer OHIO Beatty Boehner Chabot Fudge Gibbs Johnson Jordan Joyce Kaptur Latta Renacci Ryan Stivers Tiberi Turner Wenstrup OKLAHOMA Bridenstine Cole Lankford Lucas Mullin OREGON Bonamici DeFazio Schrader Walden PENNSYLVANIA Barletta Brady Cartwright Dent Doyle Fattah Fitzpatrick Gerlach Kelly Marino Meehan Murphy Perry Pitts Rothfus Schwartz Shuster Thompson RHODE ISLAND Cicilline Langevin SOUTH CAROLINA Clyburn Duncan Gowdy Mulvaney Rice Wilson SOUTH DAKOTA Noem TENNESSEE Black Blackburn Cohen Cooper DesJarlais Duncan Fincher Fleischmann Roe TEXAS Barton Brady Burgess Carter Castro Conaway Cuellar Culberson Doggett Farenthold Flores Gallego Gohmert Granger Green, Al Green, Gene Hall Hensarling Hinojosa Jackson Lee Johnson, E. B. Johnson, Sam Marchant McCaul Neugebauer Olson O'Rourke Poe Sessions Smith Stockman Thornberry Veasey Vela Weber Williams UTAH Bishop Chaffetz Matheson Stewart VERMONT Welch VIRGINIA Cantor Connolly Forbes Goodlatte Griffith Hurt Moran Rigell Scott Wittman Wolf WASHINGTON DelBene Hastings Heck Herrera Beutler Kilmer Larsen McDermott McMorris Rodgers Reichert Smith WEST VIRGINIA Capito McKinley Rahall WISCONSIN Duffy Kind Moore Petri Pocan Ribble Ryan Sensenbrenner WYOMING Lummis {time} 1224 The CLERK. Four hundred twenty-nine Representatives-elect have recorded their presence. A quorum is present. ____________________ ANNOUNCEMENT BY THE CLERK The CLERK. Credentials, regular in form, have been received showing the election of: The Honorable Pedro R. Pierluisi as Resident Commissioner from the Commonwealth of Puerto Rico for a term of 4 years beginning January 3, 2013; The Honorable Eleanor Holmes Norton as Delegate from the District of Columbia; The Honorable Madeleine Z. Bordallo as Delegate from Guam; The Honorable Donna M. Christensen as Delegate from the Virgin Islands; The Honorable Eni F. H. Faleomavaega as Delegate from American Samoa; and The Honorable Gregorio Sablan as Delegate from the Commonwealth of the Northern Mariana Islands. The Clerk is in receipt of letters from the Honorable Jesse L. Jackson, Jr., of Illinois and the Honorable Tim Scott of South Carolina indicating that they will not serve in the House in the 113th Congress. Without objection, the letters will be placed in the Record. December 13, 2012. Dear Madam Clerk, I am aware that you have received a certificate for my election as Representative of the Second Congressional District of the State of Illinois in the 113th Congress. This letter serves to notify you that I do not intend to serve in the 113th Congress. Sincerely, Jesse Jackson, Jr. ____ U.S. House of Representatives, Washington, DC, December 30, 2012. Hon. John Boehner, Speaker, House of Representatives, Washington, DC. Dear Speaker Boehner, I am writing to inform you that I have notified the Governor of South Carolina of my resignation from the U.S. House of Representatives effective January 2, 2013. A copy of that letter is attached. I do not intend to take the office of Representative for the First Congressional District of South Carolina in the 113th Congress. It has truly been an honor to serve the First District of South Carolina, and I look forward to continuing that service in my new role as United States Senator. I have enjoyed working with you, Majority Leader Cantor, and all of our colleagues in the House, and wish you the best of luck in the future. Sincerely, Tim Scott, Member of Congress. ____________________ {time} 1230 ELECTION OF SPEAKER The CLERK. Pursuant to law and precedent, the next order of business is the election of the Speaker of the House of Representatives for the 113th Congress. Nominations are now in order. The Clerk recognizes the gentlewoman from Washington (Mrs. McMorris Rodgers). Mrs. McMORRIS RODGERS. Madam Clerk, the 113th Congress gives us a chance to try once again to make a better America than the one we inherited from our parents--and from the 112 Congresses that came before us. That is the hope of every Member here, on both sides of the aisle: to restore this land of freedom and opportunity for our families and our children. Our task is not an easy one. There are deep divisions, but there's one person I have turned to time and again to help point the way forward. He is one of 12 children born into a working-class family in Ohio, a man who waited tables, mopped floors, tended bar, and worked his way to a college degree at night school, a small businessman, and a proud family man. Serving 22 years in Congress, he's been a committee chairman, conference chair, and Speaker. But he is, as he likes to say, just ``a regular guy with a big job.'' He deeply respects this institution, the House of Representatives, and 2 years ago he strengthened committees, made operations transparent, and ended earmarks. Today, our families need tax reform, immigration reform, and reforms to protect Social Security and Medicare. What does he advise? Don't kick the can down the road. This is our moment to set the country on a solid course and, most importantly, to do what is good and right for America. That is solid advice from a great man. So it is with great optimism and hope for the great work that we can accomplish together that, as chair of the Republican Conference--on a unanimous vote of the conference--I present for election to the Office of the Speaker of the House of Representatives for the 113th Congress the name of the Honorable John A. Boehner. The CLERK. The Clerk now recognizes the gentleman from California (Mr. Becerra). Mr. BECERRA. Madam Clerk, this is the people's House, and every 2 years the populace of this country gives those duly-elected Representatives of [[Page 22]] the people an opportunity to decide who will lead here in the Chamber of the people's House. It is a solemn task. It is one that requires vision; it requires the ability to reach across the aisle; and it certainly requires someone who has deep principles. Someone who has shown the experience and has proven herself as a leader of the people and someone worthy to hold the gavel here in the people's House is the person I have the honor of putting forward today for Speaker of the House of Representatives. I am tasked, as chairman of the Democratic Caucus, through the vote of that caucus, to present for election to the Office of Speaker of the House of Representatives to the 113th Congress the name of the Right Honorable Nancy Pelosi, a Representative for the people, duly elected from the State of California. The CLERK. The names of the Honorable John A. Boehner, a Representative-elect from the State of Ohio, and the Honorable Nancy Pelosi, a Representative-elect from the State of California, have been placed in nomination. Are there further nominations? There being no further nominations, the Clerk appoints the following tellers: The gentlewoman from Michigan (Mrs. Miller); The gentleman from Pennsylvania (Mr. Brady); The gentlewoman from Ohio (Ms. Kaptur); and The gentlewoman from Florida (Ms. Ros-Lehtinen). The tellers will come forward and take their seats at the desk in front of the Speaker's rostrum. The roll now will be called, and those responding to their names will indicate by surname the nominee of their choosing. The Reading Clerk will now call the roll. The tellers having taken their places, the House proceeded to vote for the Speaker. The following is the result of the vote: [Roll No. 2] BOEHNER--220 Aderholt Alexander Amodei Bachmann Bachus Barletta Barr Barton Benishek Bentivolio Bilirakis Bishop (UT) Black Blackburn Bonner Boustany Brady (TX) Brooks (AL) Brooks (IN) Buchanan Bucshon Burgess Calvert Camp Campbell Cantor Capito Carter Cassidy Chabot Chaffetz Coble Coffman Cole Collins (GA) Collins (NY) Conaway Cook Cotton Cramer Crawford Crenshaw Culberson Daines Davis, Rodney Denham Dent DeSantis DesJarlais Diaz-Balart Duffy Duncan (SC) Duncan (TN) Ellmers Emerson Farenthold Fincher Fitzpatrick Fleischmann Fleming Flores Forbes Fortenberry Foxx Franks (AZ) Frelinghuysen Gardner Garrett Gerlach Gibbs Gibson Gingrey (GA) Goodlatte Gosar Gowdy Granger Graves (GA) Graves (MO) Griffin (AR) Griffith (VA) Grimm Guthrie Hall Hanna Harper Harris Hartzler Hastings (WA) Heck (NV) Hensarling Herrera Beutler Holding Hudson Huizenga (MI) Hultgren Hunter Hurt Issa Jenkins Johnson (OH) Johnson, Sam Jordan Joyce Kelly King (IA) King (NY) Kingston Kinzinger (IL) Kline LaMalfa Lamborn Lance Lankford Latham Latta LoBiondo Long Lucas Luetkemeyer Lummis Marchant Marino McCarthy (CA) McCaul McClintock McHenry McKeon McKinley McMorris Rodgers Meadows Meehan Messer Mica Miller (FL) Miller (MI) Miller, Gary Mullin Murphy (PA) Neugebauer Noem Nugent Nunes Nunnelee Olson Palazzo Paulsen Perry Petri Pittenger Pitts Poe (TX) Pompeo Posey Price (GA) Radel Reed Reichert Renacci Ribble Rice (SC) Rigell Roby Roe (TN) Rogers (AL) Rogers (KY) Rogers (MI) Rohrabacher Rokita Rooney Ros-Lehtinen Roskam Ross Rothfus Royce Runyan Ryan (WI) Salmon Scalise Schock Schweikert Scott, Austin Sensenbrenner Sessions Shimkus Shuster Simpson Smith (NE) Smith (NJ) Smith (TX) Southerland Stewart Stivers Stutzman Terry Thompson (PA) Thornberry Tiberi Tipton Turner Upton Valadao Wagner Walberg Walden Walorski Weber (TX) Webster (FL) Wenstrup Westmoreland Whitfield Williams Wilson (SC) Wittman Wolf Womack Woodall Yoder Young (AK) Young (FL) Young (IN) PELOSI--192 Andrews Barber Bass Beatty Becerra Bera Bishop (GA) Bishop (NY) Bonamici Brady (PA) Braley (IA) Brown (FL) Brownley (CA) Bustos Butterfield Capps Capuano Cardenas Carney Carson (IN) Cartwright Castor (FL) Castro (TX) Chu Cicilline Clarke Clay Cleaver Clyburn Cohen Connolly Conyers Costa Courtney Crowley Cuellar Cummings Davis (CA) Davis, Danny DeFazio DeGette Delaney DeLauro DelBene Deutch Dingell Doggett Doyle Duckworth Edwards Ellison Engel Enyart Eshoo Esty Farr Fattah Foster Frankel (FL) Fudge Gabbard Gallego Garamendi Garcia Grayson Green, Al Green, Gene Grijalva Gutierrez Hahn Hanabusa Hastings (FL) Heck (WA) Higgins Himes Hinojosa Holt Honda Horsford Hoyer Huffman Israel Jackson Lee Jeffries Johnson (GA) Johnson, E. B. Kaptur Keating Kennedy Kildee Kilmer Kind Kirkpatrick Kuster Langevin Larsen (WA) Larson (CT) Lee (CA) Levin Loebsack Lofgren Lowenthal Lowey Lujan Grisham (NM) Lujan, Ben Ray (NM) Lynch Maffei Maloney, Carolyn Maloney, Sean Markey Matsui McCarthy (NY) McCollum McDermott McGovern McNerney Meeks Meng Michaud Miller, George Moore Moran Murphy (FL) Nadler Napolitano Neal Negrete McLeod Nolan O'Rourke Owens Pallone Pascrell Pastor (AZ) Payne Pelosi Perlmutter Peters (CA) Peters (MI) Peterson Pingree (ME) Pocan Polis Price (NC) Quigley Rahall Rangel Richmond Ruiz Ruppersberger Rush Ryan (OH) Sanchez, Linda T. Sanchez, Loretta Sarbanes Schakowsky Schiff Schneider Schrader Schwartz Scott (VA) Scott, David Serrano Sewell (AL) Shea-Porter Sherman Sinema Sires Slaughter Smith (WA) Speier Swalwell (CA) Takano Thompson (CA) Thompson (MS) Tierney Titus Tonko Tsongas Van Hollen Vargas Veasey Vela Velazquez Visclosky Walz Wasserman Schultz Waters Watt Waxman Welch Wilson (FL) Yarmuth CANTOR--3 Bridenstine Pearce Yoho ALLEN WEST--2 Broun (GA) Gohmert COOPER--2 Lipinski McIntyre LEWIS--1 Barrow JORDAN--1 Huelskamp COLIN POWELL--1 Cooper LABRADOR--1 Amash AMASH--1 Massie DINGELL--1 Matheson DAVID WALKER--1 Jones PRESENT--1 Stockman NOT VOTING--6 Blumenauer Boehner Labrador Lewis Mulvaney Roybal-Allard {time} 1338 The CLERK. The tellers agree in their tallies that the total number of votes cast is 426, of which the Honorable John A. Boehner of the State of Ohio has received 220 votes, and the Honorable Nancy Pelosi of the State of California has received 192 votes, the Honorable Raul Labrador of the State of Idaho has received 1, the Honorable John Lewis of the State of Georgia has received 1, the Honorable Eric Cantor of the State of Virginia has received 3, the Honorable Allen West has received 2, Colin Powell has received 1, the Honorable Jim Jordan of the State of Ohio has received 1, David Walker has received 1, the Honorable Jim Cooper of the State of Tennessee has received 2, the Honorable Justin Amash of the State of Michigan has received 1, the Honorable John Dingell of the [[Page 23]] State of Michigan has received 1, with 1 recorded as ``present.'' Therefore, the Honorable John A. Boehner of the State of Ohio, having received a majority of the votes cast, is duly elected Speaker of the House of Representatives for the 113th Congress. The Clerk appoints the following committee to escort the Speaker- elect to the chair: The gentleman from Virginia (Mr. Cantor) The gentlewoman from California (Ms. Pelosi) The gentleman from California (Mr. McCarthy) The gentleman from Maryland (Mr. Hoyer) The gentlewoman from Washington (Mrs. McMorris Rodgers) The gentleman from South Carolina (Mr. Clyburn) The gentleman from Oregon (Mr. Walden) The gentleman from California (Mr. Becerra) The gentleman from Oklahoma (Mr. Lankford) The gentleman from New York (Mr. Crowley) The gentlewoman from Kansas (Ms. Jenkins) The gentleman from New York (Mr. Israel) The gentlewoman from North Carolina (Ms. Foxx) The gentlewoman from Connecticut (Ms. DeLauro) The gentlewoman from Missouri (Mrs. Wagner) The gentleman from New Jersey (Mr. Andrews) The gentleman from Texas (Mr. Sessions) The gentleman from Maryland (Mr. Van Hollen) The gentleman from Illinois (Mr. Roskam) The gentlewoman from New Mexico (Ms. Michelle Lujan Grisham) And the Members of the Ohio delegation: Ms. Kaptur Mr. Tiberi Mr. Ryan Mr. Turner Mr. Latta Mr. Jordan Ms. Fudge Mr. Chabot Mr. Gibbs Mr. Johnson Mr. Renacci Mr. Stivers Mrs. Beatty Mr. Joyce, and Mr. Wenstrup The committee will retire from the Chamber to escort the Speaker- elect to the chair. The Sergeant at Arms announced the Speaker-elect of the House of Representatives of the 113th Congress, who was escorted to the chair by the Committee of Escort. Ms. PELOSI. To my fellow Members of the House of Representatives, it is a high honor to welcome you to the 113th Congress. To our newest Members of Congress, it is a special privilege and honor to welcome you and your families and extend congratulations to the newest Members of Congress. Welcome. To reach this day, each of us has been strengthened by our faith and our families. With a full and grateful heart, I want to thank my family: my husband of 49 years, Paul Pelosi; our children, Nancy Corinne, Christine, Jacqueline, Paul, and Alexandra; and our grandchildren who are represented here today by our granddaughter, Madeleine. And I have to include the D'Alesandro family of Baltimore in that gratitude, as well. I must thank my constituents in San Francisco for giving me the privilege of representing that beautiful and diverse city in the Congress of the United States. Each of us here today is truly a representative, a representative in the truest sense of the word: to represent the highest hopes and aspirations of the American people. On New Year's Eve, some of you, a large number of Members of Congress, joined hundreds of people at the National Archives building where we observed, at midnight, the 150th anniversary of the signing of the Emancipation Proclamation. At midnight, there was an enactment of Harriet Tubman ringing the bell. And as she rang the bell, she said, ``Now we are free.'' It was quite an incredible moment, and it was one that ushered in what President Lincoln would call a ``new birth of freedom'' for his era and for generations to come. That transformative moment in our history is a reminder of the best traditions we have as a people: the ability and obligation of each generation of Americans to renew the promise of our Founders and to carry forward the torch of progress to reignite the American Dream. This is who we are as Americans. This is the character of our country. This is the strength of our democracy. The strength of our democracy rests in a strong and thriving middle class, the backbone of our democracy that middle class is, so we have a moral imperative to invest in good-paying jobs here at home and in the prosperity of our people as we build our infrastructure and we reduce the deficit. We must ensure that innovation rests at the heart of our success, that we remain first in science, technology, engineering and energy, and that we educate and prepare our young people for the opportunities of tomorrow. And when we make it in America, all of America's families can make it in America. The strength of our democracy also demands that we restore the confidence of the American people in our political process. We must empower the voters, and we must remove obstacles of participation in our democracy for all Americans. We must increase the level of civility and reduce the role of money in our elections. When we do, we will elect more women, more minorities, and more young people to public office. And that's a good thing. The American people are what make our country great. By and large, the United States is a Nation of immigrants, built, enriched, and strengthened by men, women, and children who share our patriotism and seek the American Dream. The strength of our democracy will be advanced by bold actions for comprehensive immigration reform. Today, we take an oath to protect and defend our Constitution, our people, and our freedom. To protect and defend, that is our first responsibility. And our democracy requires that we each uphold the duty of keeping Americans safe in their homes, in their schools, and in their neighborhoods. As we mourn the families of Newtown, we know that ensuring the safety of all Americans will be a truly meaningful tribute to the children and teachers of Sandy Hook Elementary School. For the strength of our democracy and for the sake of our children, let us work together to protect and defend all of our people. In the same year that President Lincoln issued the Emancipation Proclamation, the Statue of Freedom was unveiled atop the Capitol Dome. And that dome continues to be a beacon of freedom to the world and a source of inspiration for all who have had the honor to serve in Congress. As we take our oath of office today, let us renew the promise of freedom. Let us work in friendship and partnership to live up to the legacy of our Founders and the aspirations of our constituents. Let us renew the strength of our democracy by reigniting the American Dream. As we celebrate this moment, let us honor and thank those Americans who protect our democracy and secure our freedom: our veterans, our men and women in uniform and their families wherever they go. God bless them. God bless America. Thank you all. Now the House will continue to be led by a proud son of Ohio, a man of conviction and a public servant of resolve. Speaker Boehner is a leader who has earned the confidence of his conference and the respect of his colleagues on both sides of the aisle. He is a man of faith: faith in God, faith in our country, and faith in his family. And as we congratulate him, we also congratulate and thank his wife, Debbie, and their two daughters, Lindsay and Trisha, and the entire Boehner family. Speaker Boehner, I know all too well that we will not always agree, but I [[Page 24]] hope with all my heart that we will find common ground that is a higher, better place for our country. {time} 1400 Surely we can be touched by the better angels of our nature. Surely we can be touched by the better angels of our nature. So beautifully expressed by President Lincoln. This is the people's House; this is the people's gavel. It represents a sacred trust. May we all fulfill that trust and make real the ideals of democratic government. With respect for our Constitution, with faith in the American people, with hope for the future of our country, I present the people's gavel to the Speaker of the House, John Boehner. May God bless you. May God bless you, Speaker Boehner. May God bless this Congress. May God always bless the United States of America. My colleagues, the Speaker of the House, John Boehner. Mr. BOEHNER. Leader Pelosi, thank you for your kind words. Members of the House, the Senate, my wife Debbie, who is with us today--thankfully the girls are working--and all of you and our fellow countrymen, we meet again at democracy's great port of call. Every 2 years, at this hour, the Constitution brings a new order to this House, and it's an interlude for reflection, a glimpse of old truths. To our new Members and their families, let me just say ``welcome.'' I know you're feeling a bit awestruck at this moment. History runs through this building. Now you're among a select few to share in this privilege. For those of you who are returning, who've walked these aisles before, maybe it's time we get a little awestruck again. The way our Founders envisioned it, the Republic would be led by citizens who recognize the blessings that we receive by governing ourselves, and it requires that we give something of ourselves. Everything depended on this. So they made each other and their successors swear an oath of allegiance. In a few moments, I'll take this oath for the 12th time as the representative from the Eighth District of Ohio. It is word for word the same oath that we all take. Note that it makes no mention of party or faction or title. It contains no reference to agendas or to platforms, only to the Constitution. The one addition we dare make, as George Washington did at the very first inaugural, is to invoke the assistance of our Heavenly Father. This covenant makes us servants of posterity. It calls us to refuse the pull of passing interest and follow the fixed star of a more perfect union. Put simply, we're sent here not to be something, but to do something. Or as I like to call it, ``doing the right thing.'' It's a big job, and it comes with big challenges. Our government has built up too much debt. Our economy is not producing enough jobs. And these are not separate problems. At $16 trillion and rising, our national debt is draining free enterprise and weakening the ship of state. The American Dream is in peril so long as its namesake is weighed down by this anchor of debt. Break its hold, and we begin to set our economy free, jobs will come home, and confidence will come back. We do this not just to boost GDP or reduce unemployment, but to secure for our children a future of freedom and opportunity, and, frankly, nothing is more important. As Washington wrote in his farewell address, ``We should not throw upon posterity the burden which we ourselves ought to bear.'' Well, that burden is ours, and so is the opportunity. There's no substitute for the wisdom of the people. We here are their servants. As Speaker, I pledge to listen and to do all I can to help all of you carry out your oath of office that we're all about to take. Because in our hearts we know it's wrong to pass this debt on to our kids and our grandkids. Now, we have to be willing, truly willing to make this problem right. Public service was never meant to be an easy living. Extraordinary challenges demand extraordinary leadership. So if you've come here to see your name in the lights or to pass off a political victory as some accomplishment, you've come to the wrong place. The door is right behind you. If you come here humbled by the opportunity to serve, if you've come here to be the determined voice of the people, if you've come here to carry the standard of leadership demanded not by our constituents but by the times, then you've come to the right place. There is a time for every purpose under Heaven. For the 113th Congress, it is a time to rise. When the day is over and the verdict is read, maybe it's said that we well and faithfully did our duty to ensure that freedom will endure and prevail, so help us God. I am now ready to take the oath of office. I ask the Dean of the House of Representatives, the Honorable John D. Dingell of Michigan, to administer the oath of office. Mr. Dingell then administered the oath of office to Mr. Boehner of Ohio, as follows: Do you solemnly swear or affirm that you will support and defend the Constitution of the United States against all enemies, foreign and domestic; that you will bear true faith and allegiance to the same; that you take this obligation freely, without any mental reservation or purpose of evasion; and that you will well and faithfully discharge the duties of the office on which you are about to enter, so help you God. (Applause, the Members rising.) Mr. DINGELL. Congratulations, Mr. Speaker. ____________________ {time} 1410 SWEARING IN OF MEMBERS The SPEAKER. According to precedent, the Chair will swear in the Members-elect en masse. The Members-elect will rise and raise their right hands. The Members-elect rose, and the Speaker administered the oath of office to them as follows: Do you solemnly swear or affirm that you will support and defend the Constitution of the United States against all enemies, foreign and domestic; that you will bear true faith and allegiance to the same; that you take this obligation freely, without any mental reservation or purpose of evasion; and that you will well and faithfully discharge the duties of the office on which you are about to enter, so help you God. The SPEAKER. Congratulations, you are now Members of the 113th Congress. ____________________ MAJORITY LEADER Mrs. McMORRIS RODGERS. Mr. Speaker, as chair of the Republican Conference, I am directed by that conference to notify the House officially that the Republican Members have selected as majority leader the gentleman from Virginia, the Honorable Eric Cantor. ____________________ MINORITY LEADER Mr. BECERRA. Mr. Speaker, as chairman of the Democratic Caucus, I have been directed to report to the House that the Democratic Members have selected as minority leader the gentlewoman from California, the Honorable Nancy Pelosi. ____________________ MAJORITY WHIP Mrs. McMORRIS RODGERS. Mr. Speaker, as chair of the Republican Conference, I am directed by that conference to notify the House officially that the Republican Members have selected as majority whip the gentleman from California, the Honorable Kevin McCarthy. ____________________ MINORITY WHIP AND ASSISTANT DEMOCRATIC LEADER Mr. BECERRA. Mr. Speaker, as chairman of the Democratic Caucus, I have been directed to report to the House that the Democratic Members have selected as minority whip the gentleman from Maryland, the Honorable Steny Hoyer, and as assistant Democratic leader, the gentleman from South Carolina, the Honorable James Clyburn. ____________________ ELECTING OFFICERS OF THE HOUSE OF REPRESENTATIVES Mrs. McMORRIS RODGERS. Mr. Speaker, I offer a privileged resolution [[Page 25]] and ask for its immediate consideration. The Clerk read the resolution, as follows: H. Res. 1 Resolved That Karen L. Haas of the State of Maryland; be, and is hereby, chosen Clerk of the House of Representatives; That Paul D. Irving of the State of Florida be, and is hereby, chosen Sergeant at Arms of the House of Representatives; That Daniel J. Strodel of the District of Columbia be, and is hereby, chosen Chief administrative Officer of the House of Representatives; and That Father Patrick J. Conroy of the State of Oregon, be, and is hereby, chosen Chaplain of the House of Representatives. Mrs. McMORRIS RODGERS. Mr. Speaker, I yield to the gentleman from California (Mr. Becerra) for the purpose of offering an amendment. Mr. BECERRA. I thank the gentlelady for yielding. Mr. Speaker, I have an amendment to the resolution, but before offering the amendment, I request that there be a division of the question on the resolution so that we may have a separate vote on the Chaplain. The SPEAKER. The question will be divided. The question is on agreeing to that portion of the resolution providing for the election of the Chaplain. That portion of the resolution was agreed to. A motion to reconsider was laid on the table. Amendment Offered by Mr. Becerra Mr. BECERRA. Mr. Speaker, I offer an amendment to the remainder of the resolution. The SPEAKER. The Clerk will report the amendment. The Clerk read as follows: Amendment offered by Mr. Becerra: That Catlin W. O'Neill of the District of Columbia be, and is hereby, chosen Clerk of the House of Representatives; That Diane Dewhirst of the District of Columbia be, and is hereby, chosen Sergeant at Arms of the House of Representatives; and That Richard Meltzer of the State of Illinois be, and is hereby, chosen Chief Administrative Officer of the House of Representatives. The SPEAKER. The question is on the amendment offered by the gentleman from California. The amendment was rejected. The SPEAKER. The question is on the remainder of the resolution offered by the gentlewoman from Washington. The remainder of the resolution was agreed to. A motion to reconsider was laid on the table. The SPEAKER. The Chair will now swear in the officers of the House. The officers presented themselves in the well of the House and took the oath of office as follows: Do you solemnly swear or affirm that you will support and defend the Constitution of the United States against all enemies, foreign and domestic; that you will bear true faith and allegiance to the same; that you take this obligation freely, without any mental reservation or purpose of evasion; and that you will well and faithfully discharge the duties of the office on which you are about to enter, so help you God. The SPEAKER. Congratulations. ____________________ TO INFORM THE SENATE THAT A QUORUM OF THE HOUSE HAS ASSEMBLED AND OF THE ELECTION OF THE SPEAKER AND THE CLERK Mr. CANTOR. Mr. Speaker, I offer a privileged resolution and ask for its immediate consideration. The Clerk read the resolution, as follows: H. Res. 2 Resolved, That the Senate be informed that a quorum of the House of Representatives has assembled; that John A. Boehner, a Representative from the State of Ohio, has been elected Speaker; and that Karen L. Haas, a citizen of the State of Maryland, has been elected Clerk of the House of Representatives of the One Hundred Thirteenth Congress. The resolution was agreed to. A motion to reconsider was laid on the table. ____________________ AUTHORIZING THE SPEAKER TO APPOINT A COMMITTEE TO NOTIFY THE PRESIDENT OF THE ASSEMBLY OF THE CONGRESS Mr. CANTOR. Mr. Speaker, I offer a privileged resolution and ask for its immediate consideration. The Clerk read the resolution, as follows: H. Res. 3 Resolved, That a committee of two Members be appointed by the Speaker on the part of the House of Representatives to join with a committee on the part of the Senate to notify the President of the United States that a quorum of each House has assembled and Congress is ready to receive any communication that he may be pleased to make. The resolution was agreed to. A motion to reconsider was laid on the table. ____________________ {time} 1420 AUTHORIZING THE CLERK TO INFORM THE PRESIDENT OF THE ELECTION OF THE SPEAKER AND THE CLERK Mr. DINGELL. Mr. Speaker, I offer a privileged resolution and ask for its immediate consideration. The Clerk read the resolution, as follows: H. Res. 4 Resolved, That the Clerk be instructed to inform the President of the United States that the House of Representatives has elected John A. Boehner, a Representative from the State of Ohio as Speaker, and Karen L. Haas, a citizen of the State of Maryland as Clerk, of the House of Representatives of the One Hundred Thirteenth Congress. The resolution was agreed to. A motion to reconsider was laid on the table. ____________________ RULES OF THE HOUSE Mr. CANTOR. Mr. Speaker, I offer a privileged resolution and ask for its immediate consideration. The Clerk read the resolution, as follows: H. Res. 5 Resolved, That the Rules of the House of Representatives of the One Hundred Twelfth Congress, including applicable provisions of law or concurrent resolution that constituted rules of the House at the end of the One Hundred Twelfth Congress, are adopted as the Rules of the House of Representatives of the One Hundred Thirteenth Congress, with amendments to the standing rules as provided in section 2, and with other orders as provided in sections 3, 4, and 5. SEC. 2. CHANGES TO THE STANDING RULES. (a) Committee Activity Reports.--In clause 1(d) of rule XI-- (1) in subparagraph (1), strike ``the 30th day after June 1 and December 1'' and insert ``January 2 of each year'' and strike ``semiannual''; (2) in subparagraph (2)(B), insert ``in each Congress'' after ``first such report''; and (3) in subparagraph (3), strike ``second or fourth semiannual''. (b) Voting.-- (1) In clause 6 of rule XVIII-- (A) in subparagraph (b)(3), strike ``five minutes'' and insert ``not less than two minutes''; and (B) amend paragraph (g) to read as follows: ``(g) The Chair may postpone a request for a recorded vote on any amendment. The Chair may resume proceedings on a postponed request at any time. The Chair may reduce to not less than two minutes the minimum time for electronic voting-- ``(1) on any postponed question that follows another electronic vote without intervening business, provided that the minimum time for electronic voting on the first in any series of questions shall be 15 minutes; or ``(2) on any postponed question taken without intervening debate or motion after the Committee of the Whole resumes its sitting if in the discretion of the Chair Members would be afforded an adequate opportunity to vote.''. (2) In rule XX-- (A) amend clause 8(c) to read as follows: ``(c) The Speaker may reduce to five minutes the minimum time for electronic voting on a question postponed under this clause, or on a question incidental thereto, that-- ``(1) follows another electronic vote without intervening business, so long as the minimum time for electronic voting on the first in any series of questions is 15 minutes; or ``(2) follows a report from the Committee of the Whole without intervening debate or motion if in the discretion of the Speaker Members would be afforded an adequate opportunity to vote.''; and (B) amend clause 9 to read as follows: ``9. The Speaker may reduce to five minutes the minimum time for electronic voting-- ``(a) on any question arising without intervening business after an electronic vote on another question if notice of possible five-minute voting for a given series of votes was issued before the preceding electronic vote; ``(b) on any question arising after a report from the Committee of the Whole without debate or intervening motion; or [[Page 26]] ``(c) on the question of adoption of a motion to recommit (or ordering the previous question thereon) arising without intervening motion or debate other than debate on the motion.''. (c) Clarifications in Rule X.--In clause 1 of rule X-- (1) in paragraph (j)(2), strike ``Organization and administration'' and insert ``Organization, administration, and general management''; and (2) in paragraph (m)(9), strike ``Insular possessions'' and insert ``Insular areas''. (d) Modification of the Ramseyer Rule.--In clause 3(e)(1)(B) of rule XIII, insert ``and adjacent provisions if useful to enable the intent and effect of the amendment to be clearly understood,'' before ``showing''. (e) Changes to the Code of Conduct and the Committee on Ethics.-- (1) In clause 3(b)(8) of rule XI-- (A) amend subdivision (A)(ii) to read as follows: ``(ii) upon the day of such decision or vote, make a public statement that the matter, relating to the referral made by the board of the Office of Congressional Ethics regarding the Member, officer, or employee of the House who is the subject of the applicable referral, has been extended.''; and (B) in subdivision (B)(ii)-- (i) strike ``the committee votes to extend the matter'' and insert ``the matter is extended''; and (ii) strike ``the committee has voted to extend the matter'' and insert ``the matter has been extended''. (2) In clause 8(c) of rule XXIII-- (A) strike ``spouse'' in each place it appears and insert (in each instance) ``relative''; (B) in subparagraph (2), strike ``One Hundred Seventh Congress'' and insert ``One Hundred Thirteenth Congress''; and (C) add the following new subparagraph: ``(3) As used in this paragraph, the term `relative' means an individual who is related to the Member, Delegate, or Resident Commissioner as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandson, or granddaughter.''. (3) In clause 13 of rule XXIII, strike ``Copies of the executed oath (or affirmation) shall be retained by the Clerk as part of the records of the House.'' and insert ``Copies of the executed oath (or affirmation) shall be retained as part of the records of the House, in the case of a Member, Delegate, or the Resident Commissioner, by the Clerk, and in the case of an officer or employee of the House, by the Sergeant-at-Arms.''. (4) In clause 15 of rule XXIII-- (A) in paragraph (a), strike ``paragraph (b)'' and insert ``paragraphs (b) and (c)'' ; (B) in paragraph (b)-- (i) amend subparagraph (3) to read as follows: ``(3) the flight consists of the personal use of an aircraft by a Member, Delegate, or the Resident Commissioner that is supplied by-- ``(A) an individual on the basis of personal friendship; or ``(B) another Member, Delegate, or the Resident Commissioner;''; (ii) in subparagraph (4), strike the period and insert ``; or''; and (iii) add the following: ``(5) the owner or operator of the aircraft is paid a pro rata share of the fair market value of the normal and usual charter fare or rental charge for a comparable plane of comparable size as determined by dividing such cost by the number of Members, Delegates, or the Resident Commissioner, officers, or employees of Congress on the flight.''; and (C) redesignate paragraph (c) as paragraph (d) and insert after paragraph (b) the following new paragraph: ``(c) An advance written request for a waiver of the restriction in paragraph (a) may be granted jointly by the chair and ranking minority member of the Committee on Ethics, subject to such conditions as they may prescribe.''. (f) Technical and Clarifying Changes.-- (1) In clause 12(b)(2) of rule I, strike ``Chair of the Committee of the Whole'' and insert ``chair of the Committee of the Whole''. (2) In clause 6(c)(4) of rule II, before ``the Committee on House Administration'' insert ``the Committee on Appropriations and''. (3) In rule V-- (A) in clause 1, strike ``telecommunications'' each place it appears and insert (in each instance) ``communications''; (B) in clause 2(a), strike ``recording of the proceedings'' and insert ``recording of the floor proceedings''; and (C) in clause 2(c)(1), strike ``political purpose'' and insert ``partisan political campaign purpose''. (4) In clause 2(b) of rule XI, strike ``unless otherwise provided by written rule adopted by the committee'' and insert ``if notice is given pursuant to paragraph (g)(3)''. (5) In clause 2(c)(2) of rule XI, before the last sentence, insert ``Such notice shall also be made publicly available in electronic form and shall be deemed to satisfy paragraph (g)(3)(A)(ii).''. (6) In clause 2(e)(1)(A)(ii) of rule XI, strike ``record vote is demanded'' and insert ``record vote is taken''. (7) In clause 2(e)(2)(A) of rule XI, strike ``all committee hearings, records, data, charts, and files'' and insert ``all committee records (including hearings, data, charts, and files)''. (8) In clause 2(l) of rule XI-- (A) strike ``that member shall be entitled'' and insert ``all members shall be entitled''; and (B) strike ``to file such views, in writing and signed by that member,'' and insert ``to file such written and signed views''. (9) In clause 3(h) of rule XI-- (A) strike ``(h)(1)'' and insert ``(h)''; and (B) redesignate subdivisions (A) and (B) as subparagraphs (1) and (2), respectively. (10) In clause 6(g) of rule XIII, strike ``it shall (to the maximum extent possible) specify in the resolution the object of'' and insert ``it shall to the maximum extent possible specify in the accompanying report''. (11) In clause 2 of rule XV, strike ``standing'' each place it appears. (12) In clause 6 of rule XV, add the following new paragraph: ``(d) Precedents, rulings, or procedures in effect before the One Hundred Eleventh Congress regarding the priority of business and the availability of other business on Wednesday shall be applied only to the extent consistent with this clause.''. (13) In clause 5(c)(3)(B) of rule XX, after ``Minority Leader'' each place it appears insert (in each instance) ``(or their respective designees)''. (14) In clause 8(a)(1) of rule XXII-- (A) in subdivision (A), after ``in the Congressional Record'' insert ``or pursuant to clause 3 of rule XXIX''; and (B) in subdivision (B), before ``copies'' insert ``printed or electronic''. (15) In clause 2 of rule XXIV, strike ``Clerk'' and insert ``Chief Administrative Officer''. (16) In clause 1 of rule XXVI, strike the second sentence. SEC. 3. SEPARATE ORDERS. (a) Independent Payment Advisory Board.--Section 1899A(d) of the Social Security Act shall not apply in the One Hundred Thirteenth Congress. (b) Budget Matters.-- (1) During the One Hundred Thirteenth Congress, references in section 306 of the Congressional Budget Act of 1974 to a resolution shall be construed in the House of Representatives as references to a joint resolution. (2) During the One Hundred Thirteenth Congress, in the case of a reported bill or joint resolution considered pursuant to a special order of business, a point of order under section 303 of the Congressional Budget Act of 1974 shall be determined on the basis of the text made in order as an original bill or joint resolution for the purpose of amendment or to the text on which the previous question is ordered directly to passage, as the case may be. (3) During the One Hundred Thirteenth Congress, a provision in a bill or joint resolution, or in an amendment thereto or a conference report thereon, that establishes prospectively for a Federal office or position a specified or minimum level of compensation to be funded by annual discretionary appropriations shall not be considered as providing new entitlement authority within the meaning of the Congressional Budget Act of 1974. (4)(A) During the One Hundred Thirteenth Congress, except as provided in subparagraph (C), a motion that the Committee of the Whole rise and report a bill to the House shall not be in order if the bill, as amended, exceeds an applicable allocation of new budget authority under section 302(b) of the Congressional Budget Act of 1974, as estimated by the Committee on the Budget. (B) If a point of order under subparagraph (A) is sustained, the Chair shall put the question: ``Shall the Committee of the Whole rise and report the bill to the House with such amendments as may have been adopted notwithstanding that the bill exceeds its allocation of new budget authority under section 302(b) of the Congressional Budget Act of 1974?''. Such question shall be debatable for 10 minutes equally divided and controlled by a proponent of the question and an opponent but shall be decided without intervening motion. (C) Subparagraph (A) shall not apply-- (i) to a motion offered under clause 2(d) of rule XXI; or (ii) after disposition of a question under subparagraph (B) on a given bill. (D) If a question under subparagraph (B) is decided in the negative, no further amendment shall be in order except-- (i) one proper amendment, which shall be debatable for 10 minutes equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole; and (ii) pro forma amendments, if offered by the chair or ranking minority member of the Committee on Appropriations or their designees, for the purpose of debate. (5) During the first session of the One Hundred Thirteenth Congress, pending the adoption of a concurrent resolution on the budget for fiscal year 2014, the provisions of House [[Page 27]] Concurrent Resolution 112, One Hundred Twelfth Congress, as adopted by the House, shall have force and effect in the House as though Congress has adopted such concurrent resolution, and the allocations of spending authority printed in tables 11 and 12 of House Report 112-421 (One Hundred Twelfth Congress) shall be considered for all purposes in the House to be the allocations under section 302(a) of the Congressional Budget Act of 1974. (c) Determinations for PAYGO Acts.--In determining the budgetary effects of any legislation for the purposes of complying with the Statutory Pay-As-You-Go Act of 2010 (including the required designation in PAYGO Acts), the chair of the Committee on the Budget may make adjustments to take into account the exemptions and adjustments set forth in section 503(b)(1) of House Concurrent Resolution 112, One Hundred Twelfth Congress. (d) Spending Reduction Amendments in Appropriations Bills.-- (1) During the reading of a general appropriation bill for amendment in the Committee of the Whole House on the state of the Union, it shall be in order to consider en bloc amendments proposing only to transfer appropriations from an object or objects in the bill to a spending reduction account. When considered en bloc under this paragraph, such amendments may amend portions of the bill not yet read for amendment (following disposition of any points of order against such portions) and are not subject to a demand for division of the question in the House or in the Committee of the Whole. (2) Except as provided in paragraph (1), it shall not be in order to consider an amendment to a spending reduction account in the House or in the Committee of the Whole House on the state of the Union. (3) It shall not be in order to consider an amendment to a general appropriation bill proposing a net increase in budget authority in the bill (unless considered en bloc with another amendment or amendments proposing an equal or greater decrease in such budget authority pursuant to clause 2(f) of rule XXI). (4) A point of order under clause 2(b) of rule XXI shall not apply to a spending reduction account. (5) A general appropriation bill may not be considered in the Committee of the Whole House on the state of the Union unless it includes a spending reduction account as the last section of the bill. An order to report a general appropriation bill to the House shall constitute authority for the chair of the Committee on Appropriations to add such a section to the bill or modify the figure contained therein. (6) For purposes of this subsection, the term ``spending reduction account'' means an account in a general appropriation bill that bears that caption and contains only a recitation of the amount by which an applicable allocation of new budget authority under section 302(b) of the Congressional Budget Act of 1974 exceeds the amount of new budget authority proposed by the bill. (e) Estimates of Direct Spending.-- (1) It shall not be in order to consider any concurrent resolution on the budget, or amendment thereto or conference report thereon, unless it contains a separate heading entitled ``Direct Spending'', which shall include a category for ``Means-Tested Direct Spending'' and a category for ``Nonmeans-Tested Direct Spending'' and sets forth-- (A) the average rate of growth for each category in the total amount of outlays during the 10-year period preceding the budget year; (B) estimates for each such category under current law for the period covered by the concurrent resolution; and (C) information on proposed reforms in such categories. (2) Before the consideration of a concurrent resolution on the budget by the Committee on the Budget for a fiscal year, the chair of the Committee on the Budget shall submit for printing in the Congressional Record a description of programs which shall be considered means-tested direct spending and nonmeans-tested direct spending for purposes of this subsection. (f) Certain Subcommittees.--Notwithstanding clause 5(d) of rule X, during the One Hundred Thirteenth Congress-- (1) the Committee on Armed Services may have not more than seven subcommittees; (2) the Committee on Foreign Affairs may have not more than seven subcommittees; and (3) the Committee on Transportation and Infrastructure may have not more than six subcommittees. (g) Exercise Facilities for Former Members.--During the One Hundred Thirteenth Congress-- (1) The House of Representatives may not provide access to any exercise facility which is made available exclusively to Members and former Members, officers and former officers of the House of Representatives, and their spouses to any former Member, former officer, or spouse who is a lobbyist registered under the Lobbying Disclosure Act of 1995 or any successor statute or agent of a foreign principal as defined in clause 5 of rule XXV. For purposes of this section, the term ``Member'' includes a Delegate or Resident Commissioner to the Congress. (2) The Committee on House Administration shall promulgate regulations to carry out this subsection. (h) Numbering of Bills.--In the One Hundred Thirteenth Congress, the first 10 numbers for bills (H.R. 1 through H.R. 10) shall be reserved for assignment by the Speaker and the second 10 numbers for bills (H.R. 11 through H.R. 20) shall be reserved for assignment by the Minority Leader. (i) Inclusion of United States Code Citations.--To the maximum extent practicable and consistent with established drafting conventions, an instruction in a bill or joint resolution proposing to repeal or amend any law or part thereof not contained in a codified title of the United States Code shall include, if available, the applicable United States Code citation in parenthesis immediately following the designation of the matter proposed to be repealed or amended. (j) Duplication of Federal Programs.-- (1) The chair of a committee may request that the General Accountability Office perform a duplication analysis of any bill or joint resolution referred to that committee. Any such analysis shall assess whether, and the extent to which, the bill or joint resolution creates a new Federal program, office, or initiative that duplicates or overlaps with any existing Federal program, office, or initiative. (2) The report of a committee on a bill or joint resolution shall include a statement, as though under clause 3(c) of rule XIII, indicating whether any provision of the measure establishes or reauthorizes a program of the Federal Government known to be duplicative of another Federal program. The statement shall at a minimum explain whether-- (A) any such program was included in any report from the Government Accountability Office to Congress pursuant to section 21 of Public Law 111-139; or (B) the most recent Catalog of Federal Domestic Assistance, published pursuant to the Federal Program Information Act (Public Law 95-220, as amended by Public Law 98-169), identified other programs related to the program established or reauthorized by the measure. (k) Disclosure of Directed Rule Makings.-- (1) The report of a committee on a bill or joint resolution shall include a statement, as though under clause 3(c) of rule XIII, estimating the number of directed rule makings required by the measure. (2) For purposes of this subparagraph, the term ``directed rule making'' means a specific rule making within the meaning of section 551 of title 5, United States Code, specifically directed to be completed by a provision in the measure, but does not include a grant of discretionary rule making authority. SEC. 4. COMMITTEES, COMMISSIONS, AND HOUSE OFFICES. (a) Litigation Matters.-- (1) Continuing authority for the bipartisan legal advisory group.-- (A) The House authorizes the Bipartisan Legal Advisory Group of the One Hundred Thirteenth Congress-- (i) to act as successor in interest to the Bipartisan Legal Advisory Group of the One Hundred Twelfth Congress with respect to civil actions in which it intervened in the One Hundred Twelfth Congress to defend the constitutionality of section 3 of the Defense of Marriage Act (1 U.S.C. 7) or related provisions of titles 10, 31, and 38, United States Code, including in the case of Windsor v. United States, 833 F. Supp.2d 394 (S.D.N.Y. June 6, 2012), aff'd, 699 F.3d 169 (2d Cir. Oct. 18, 2012), cert. granted, No. 12-307 (Dec. 7, 2012), cert. pending No. 12-63 (July 16, 2012) and 12-785 (Dec. 28, 2012); (ii) to take such steps as may be appropriate to ensure continuation of such civil actions; and (iii) to intervene in other cases that involve a challenge to the constitutionality of section 3 of the Defense of Marriage Act or related provisions of titles 10, 31, and 38, United States Code. (B) Pursuant to clause 8 of rule II, the Bipartisan Legal Advisory Group continues to speak for, and articulate the institutional position of, the House in all litigation matters in which it appears, including in Windsor v. United States. (2) Continuing authorities for the committee on oversight and government reform and the office of general counsel.-- (A) The House authorizes-- (i) the Committee on Oversight and Government Reform of the One Hundred Thirteenth Congress to act as the successor in interest to the Committee on Oversight and Government Reform of the One Hundred Twelfth Congress with respect to the civil action Committee on Oversight and Government Reform, United States House of Representatives v. Eric H. Holder, Jr., in his official capacity as Attorney General of the United States, filed by the Committee on Oversight and Government Reform in the One Hundred Twelfth Congress pursuant to House Resolution 706; and (ii) the chair of the Committee on Oversight and Government Reform (when elected), on behalf of the Committee on Oversight and Government Reform, and the Office of General Counsel to take such steps as may be appropriate to ensure continuation of such civil action, including amending the complaint as circumstances may warrant. [[Page 28]] (B) The House authorizes the chair of the Committee on Oversight and Government Reform (when elected), on behalf of the Committee on Oversight and Government Reform and until such committee has adopted rules pursuant to clause 2(a) of rule XI, to issue subpoenas related to the investigation into the United States Department of Justice operation known as ``Fast and Furious'' and related matters. (C) The House authorizes the chair of the Committee on Oversight and Government Reform (when elected), on behalf of the Committee on Oversight and Government Reform, and the Office of General Counsel to petition to join as a party to the civil action referenced in paragraph (1) any individual subpoenaed by the Committee on Oversight and Government Reform of the One Hundred Twelfth Congress as part of its investigation into the United States Department of Justice operation known as ``Fast and Furious'' and related matters who failed to comply with such subpoena, or any successor to such individual. (D) The House authorizes the chair of the Committee on Oversight and Government Reform (when elected), on behalf of the Committee on Oversight and Government Reform, and the Office of General Counsel, at the authorization of the Speaker after consultation with the Bipartisan Legal Advisory Group, to initiate judicial proceedings concerning the enforcement of subpoenas issued to such individuals. (b) House Democracy Partnership.--House Resolution 24, One Hundred Tenth Congress, shall apply in the One Hundred Thirteenth Congress in the same manner as such resolution applied in the One Hundred Tenth Congress except that the commission concerned shall be known as the House Democracy Partnership. (c) Tom Lantos Human Rights Commission.--Sections 1 through 7 of House Resolution 1451, One Hundred Tenth Congress, shall apply in the One Hundred Thirteenth Congress in the same manner as such provisions applied in the One Hundred Tenth Congress, except that-- (1) the Tom Lantos Human Rights Commission may, in addition to collaborating closely with other professional staff members of the Committee on Foreign Affairs, collaborate closely with professional staff members of other relevant committees; and (2) the resources of the Committee on Foreign Affairs which the Commission may use shall include all resources which the Committee is authorized to obtain from other offices of the House of Representatives. (d) Office of Congressional Ethics.--Section 1 of House Resolution 895, One Hundred Tenth Congress, shall apply in the One Hundred Thirteenth Congress in the same manner as such provision applied in the One Hundred Tenth Congress, except that-- (1) the Office of Congressional Ethics shall be treated as a standing committee of the House for purposes of section 202(i) of the Legislative Reorganization Act of 1946 (2 U.S.C. 72a(i)); (2) references to the Committee on Standards of Official Conduct shall be construed as references to the Committee on Ethics; (3) the second sentence of section 1(b)(6)(A) shall not apply; and (4) members subject to section 1(b)(6)(B) may be reappointed for a second additional term. (e) Empaneling Investigative Subcommittee of the Committee on Standards of Official Conduct.--The text of House Resolution 451, One Hundred Tenth Congress, shall apply in the One Hundred Thirteenth Congress in the same manner as such provision applied in the One Hundred Tenth Congress. SEC. 5. ADDITIONAL ORDERS OF BUSINESS. (a) Reading of the Constitution.--The Speaker may recognize a Member for the Reading of the Constitution on any legislative day through January 15, 2013. (b) Motions to Suspend the Rules.--It shall be in order at any time on the legislative day of January 4, 2013, for the Speaker to entertain motions that the House suspend the rules, as though under clause 1 of rule XV, relating to a measure addressing flood insurance. Mr. CANTOR (during the reading). Mr. Speaker, I ask unanimous consent that the resolution be considered as read and printed in the Record. The SPEAKER pro tempore (Mr. Tiberi). Is there objection to the request of the gentleman from Virginia? There was no objection. Motion to Refer Ms. NORTON. Mr. Speaker, I rise to offer a motion that is at the desk. The SPEAKER pro tempore. The Clerk will report the motion. The Clerk read as follows: Ms. Norton moves to refer the resolution to a select committee of five members, to be appointed by the Speaker, not more than three of whom shall be from the same political party, with instructions not to report back the same until it has conducted a full and complete study of, and made a determination on, whether there is any reason to deny Delegates voting rights in the Committee of the Whole House on the state of the Union in light of the decision of the United States Court of Appeals for the District of Columbia in Michel v. Anderson (14 F.3d 623 (D.C. Cir. 1994)) upholding the constitutionality of these voting rights, and the inclusion of such voting rights in the Rules for the 103rd, 110th and 111th Congresses. Motion to Table Mr. CANTOR. Mr. Speaker, I have a motion to table at the desk. The SPEAKER pro tempore. The Clerk will report the motion. The Clerk read as follows: Mr. Cantor moves to lay on the table the motion. The SPEAKER pro tempore. The question is on the motion to table. The question was taken; and the Speaker pro tempore announced that the ayes appeared to have it. Ms. NORTON. Mr. Speaker, on that I demand the yeas and nays. The yeas and nays were ordered. The vote was taken by electronic device, and there were--yeas 224, nays 187, not voting 18, as follows: [Roll No. 3] YEAS--224 Aderholt Alexander Amash Amodei Bachmann Bachus Barletta Barr Barton Benishek Bentivolio Bilirakis Bishop (UT) Black Blackburn Bonner Boustany Bridenstine Brooks (AL) Brooks (IN) Broun (GA) Buchanan Bucshon Burgess Calvert Camp Campbell Cantor Capito Carter Cassidy Chabot Chaffetz Coble Coffman Cole Collins (GA) Collins (NY) Conaway Cook Cotton Cramer Crawford Crenshaw Culberson Daines Davis, Rodney Denham Dent DeSantis DesJarlais Diaz-Balart Duffy Duncan (SC) Duncan (TN) Ellmers Emerson Farenthold Fincher Fitzpatrick Fleischmann Fleming Flores Forbes Fortenberry Foxx Franks (AZ) Frelinghuysen Gardner Garrett Gerlach Gibbs Gibson Gingrey (GA) Gohmert Goodlatte Gosar Gowdy Granger Graves (GA) Graves (MO) Griffin (AR) Griffith (VA) Guthrie Hall Hanna Harper Harris Hartzler Hastings (WA) Heck (NV) Hensarling Herrera Beutler Holding Hudson Huelskamp Huizenga (MI) Hultgren Hunter Hurt Issa Jenkins Johnson (OH) Johnson, Sam Jordan Joyce Kelly King (IA) King (NY) Kingston Kinzinger (IL) Kline Labrador LaMalfa Lamborn Lance Lankford Latham Latta LoBiondo Long Luetkemeyer Lummis Marchant Marino Massie McCarthy (CA) McCaul McClintock McHenry McKeon McKinley McMorris Rodgers Meehan Messer Mica Miller (FL) Miller (MI) Miller, Gary Mullin Murphy (PA) Neugebauer Noem Nugent Nunes Nunnelee Olson Palazzo Paulsen Pearce Petri Pittenger Pitts Poe (TX) Pompeo Posey Price (GA) Radel Reed Reichert Renacci Ribble Rice (SC) Rigell Roby Roe (TN) Rogers (AL) Rogers (KY) Rogers (MI) Rokita Rooney Ros-Lehtinen Roskam Ross Rothfus Royce Runyan Ryan (WI) Salmon Scalise Schock Schweikert Scott, Austin Sensenbrenner Sessions Shimkus Shuster Simpson Smith (NE) Smith (NJ) Smith (TX) Southerland Stewart Stivers Stockman Stutzman Terry Thompson (PA) Thornberry Tiberi Tipton Turner Upton Valadao Wagner Walberg Walden Walorski Weber (TX) Webster (FL) Wenstrup Westmoreland Whitfield Williams Wilson (SC) Wittman Wolf Womack Woodall Yoder Yoho Young (AK) Young (FL) Young (IN) NAYS--187 Andrews Barber Barrow Beatty Becerra Bera Bishop (GA) Bishop (NY) Bonamici Brady (PA) Braley (IA) Brown (FL) Brownley (CA) Bustos Butterfield Capps Capuano Cardenas Carney Carson (IN) Cartwright Castor (FL) Castro (TX) Chu Cicilline Clarke Clay Cleaver Clyburn Cohen Connolly Conyers Cooper Costa Courtney Crowley Cuellar Cummings Davis (CA) Davis, Danny DeFazio DeGette Delaney DeLauro DelBene Deutch Dingell Doggett Doyle Duckworth Edwards Ellison Engel Enyart Eshoo Esty Farr Fattah Foster Frankel (FL) Fudge Gabbard Gallego Garamendi Garcia Grayson Green, Al Green, Gene Hahn Hanabusa Hastings (FL) Heck (WA) Higgins Himes Hinojosa Holt Honda Horsford Hoyer Huffman Israel Jackson Lee Johnson (GA) Johnson, E. B. Kaptur Keating Kennedy [[Page 29]] Kildee Kilmer Kind Kirkpatrick Kuster Langevin Larsen (WA) Larson (CT) Lee (CA) Levin Lipinski Loebsack Lofgren Lowenthal Lowey Lujan Grisham (NM) Lujan, Ben Ray (NM) Lynch Maffei Maloney, Carolyn Maloney, Sean Markey Matheson McCarthy (NY) McCollum McDermott McGovern McNerney Meeks Michaud Miller, George Moore Moran Murphy (FL) Nadler Napolitano Neal Nolan O'Rourke Owens Pallone Pascrell Pastor (AZ) Payne Pelosi Perlmutter Peters (CA) Peters (MI) Peterson Pingree (ME) Pocan Polis Price (NC) Quigley Rahall Rangel Richmond Ruiz Ruppersberger Rush Ryan (OH) Sanchez, Linda T. Sanchez, Loretta Sarbanes Schakowsky Schiff Schneider Schwartz Scott (VA) Scott, David Serrano Sewell (AL) Shea-Porter Sherman Sinema Sires Slaughter Smith (WA) Speier Swalwell (CA) Takano Thompson (CA) Thompson (MS) Tierney Titus Tonko Tsongas Vargas Veasey Vela Velazquez Visclosky Walz Wasserman Schultz Waters Watt Waxman Welch Wilson (FL) Yarmuth NOT VOTING--18 Bass Brady (TX) Grijalva Grimm Gutierrez Jeffries Jones Lucas Matsui McIntyre Meadows Meng Mulvaney Negrete McLeod Perry Rohrabacher Schrader Van Hollen {time} 1457 Mr. CONYERS changed his vote from ``yea'' to ``nay.'' Mr. JOYCE changed his vote from ``nay'' to ``yea.'' So the motion was agreed to. The result of the vote was announced as above recorded. A motion to reconsider was laid on the table. Stated for: Mr. PERRY. Mr. Speaker, on rollcall No. 3 I was unavoidably detained. Had I been present, I would have voted ``yea.'' Mr. MULVANEY. Mr. Speaker, I missed rollcall No. 3 on January 3, 2013. I was with my family and unable to make it to the floor. Had I been present, I would have voted ``yea.'' The SPEAKER pro tempore (Mrs. Capito). The gentleman from Virginia is recognized for 1 hour. Mr. CANTOR. Madam Speaker, I yield the hour to the gentleman from Texas, the chair of the Rules Committee, Mr. Sessions, and I ask unanimous consent that he be permitted to control that time. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Virginia? There was no objection. Mr. SESSIONS. Madam Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentlewoman from Rochester, New York (Ms. Slaughter). During consideration of this resolution, all time yielded is for the purpose of debate only. At this time, I yield 1 minute to the distinguished majority leader, the gentleman from Virginia. Mr. CANTOR. Madam Speaker, it is a privilege to sponsor House Resolution 5, the rules package for the 113th Congress. This rules package is straightforward and builds upon the reforms and transparency implemented in the 112th Congress to address job creation and the economy, control the growth of government, and limit wasteful spending. We have incorporated a number of significant improvements, including a proposal from the chairman of the Republican Policy Committee, James Lankford, the gentleman from Oklahoma, to identify duplicative programs and examine the usefulness of existing government programs. This will help ensure that hardworking taxpayers' dollars are not wasted and that we remain focused on making the Federal Government smarter and more efficient. Similarly, two proposals from the gentleman from Michigan, Congressman Justin Amash, will improve transparency of the legislative process by making it easier to see how proposed legislation would interact with existing law. Additional proposals from the Republican Study Committee chairman, Steve Scalise, the gentleman from Louisiana, will help bring more transparency to the regulatory process. American families and small businessmen and -women already suffer from too much red tape coming out of Washington. This proposal will ensure that the regulatory burden of any proposed bill is part of our deliberations. Under the current administration, Madam Speaker, we have also seen an explosion in spending for welfare programs. For the first time, we will require our annual budget resolutions include information about the growth of means-tested and non-means-tested entitlement programs. This important reform will allow us to begin to responsibly control the growth of these welfare programs and ensure they can help those who need them most. I look forward to a productive 113th Congress where we can work together to produce results and make life work for more Americans. Ms. SLAUGHTER. Madam Speaker, I thank the gentleman for yielding me the customary 30 minutes and yield myself such time as I may consume. Madam Speaker, I want to begin by congratulating my colleague, Mr. Sessions, on his new role as chair of the Rules Committee. I've worked with Mr. Sessions now for many years, and I look forward to working with him even more closely in the months and years to come. And we will welcome the new class of legislators, as well, today, and we go through the traditions and procedures that have governed our Nation since Thomas Jefferson first wrote his manual. I'm pleased to welcome our newest colleagues and welcome back old friends. It's a great honor to be chosen by our fellow Americans to represent them in Congress. Our neighbors have placed their trust in us, and we must never take such an honor for granted. With this honor comes a solemn responsibility. Starting today, we have the opportunity to move our Nation forward, and in the words of our Nation's Founders provide for our common defense, promote our general welfare, and secure the blessings of liberty for ourselves and for our posterity. Our work begins today, and one of the first orders of business is considering the rules package for the incoming Congress. During the last Congress, we were promised an open and transparent process, but we unfortunately fell short. Under the majority's leadership, more than one-third of the rules were completely closed, and at times brinksmanship endangered our economy. Today provides an opportunity for the majority to put these behind them and govern in an open, collaborative, and bipartisan way; and we are willing to meet them every step of the way. With this goal in mind, though, of this Rules Committee, I must say that I look at it with a little bit of trepidation. The most troubling for me is the proposal to, once again, adopt the Ryan budget. Doing so will keep alive dangerous budget proposals, including the repeal of parts of the Affordable Care Act. In addition, today's resolution makes it easier for Members of Congress to use private planes, and I'm puzzled by that. I don't think Members should be flying around in corporate jets. And it continues the politically motivated campaign over the so-called Fast and Furious operation. To begin by loosening the ethics restrictions and advancing politically motivated campaigns should not be the priorities of Congress. Finally, with today's resolution, the majority continues their efforts to oppose marriage equality before the courts. In an age where marriage equality is recognized by Americans across the country of plurality, this Chamber should not be using taxpayer money to be standing on the wrong side of history. We could start our new beginning by joining all the Democratic colleagues and me in finally reforming our broken election laws, and I know everyone wants to do that. In the years since the Supreme Court handed down its ruling in the Citizens United case, unlimited amounts of money from billionaires and hidden special interests have flooded our elections. Led by secret political spending that is hidden from public view, wealthy special interests have tried to buy our airwaves, to fund outrageously expensive campaigns, and to launch dishonest political attacks to persuade the outcome of countless elections. [[Page 30]] The Sunlight Foundation reports that during the 2012 election cycle alone, super PACs, as they are called, spent more than $620 million to affect the Federal elections. Nobody believes that corporations are people, and they should not be able to use unlimited amounts of money to influence our elections. At the end of this debate, my Democratic colleagues and I will provide the House with an opportunity to consider a constitutional amendment to overturn the flawed Citizens United decision. If approved, this amendment would finally remove the unlimited and untracked political donations from our electoral system. In addition to addressing the uncontrolled money in our political process, the Congress should be ensuring that every American citizen can easily exercise their right to vote. Voting is fundamental to what it means to be an American; but in recent years, we've seen a concerted effort to discourage voters from casting a ballot. Under the cover of a cynical and untruthful claim that voter fraud is a serious threat to our democracy, political operatives in States across the country have methodically advanced a number of discriminatory and dangerous pieces of legislation. Their methods range from enacting voter ID laws to reducing the number of voting machines in low-income neighborhoods. Unfortunately, these discriminatory practices have indeed made it harder for our citizens to vote. This past November, there were numerous reports of voters being turned away from the polls. Many of those who did manage to vote had to wait in line for hours--and sometimes as many as 8 hours--before they could cast a ballot. It is clear as day that keeping people waiting in long lines is purely intended to make them give up and go home. Later today, my Democratic colleagues and I will ask the House to bring to the floor the Streamlined and Improved Methods at Polling Locations and Early Voting Act, or SIMPLE Voting Act. This legislation would guarantee that no voter would have to wait more than 1 hour to cast their ballot and require that every polling station in the country have the resources it needs to run a smooth and fair election. {time} 1510 When taken together, the overwhelming influence of money in politics and the discriminatory attacks on Americans' right to vote, they have distorted our electoral system and helped to create a broken legislative process that is failing to serve the American public. As we open the 113th Congress, my colleagues and I stand ready to work with the majority on fixing our broken electoral system and getting back to a bipartisan legislative process worthy of the citizens who sent us here. I couldn't be happier or more honored to serve in the 113th Congress. I look forward to serving with all of my colleagues, and it is my sincere hope that we'll have an open, transparent, and bipartisan House so that we can produce meaningful results for those whom we represent. With that, I reserve the balance of my time. Mr. SESSIONS. Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I want to thank the gentlewoman from Rochester, New York. I look forward to our time where we will work together day and night, perhaps, with the committee that she will be the ranking member for and I will be the chairman of. I told the gentlewoman before today that it will be my hope and her hope that we will not only work for the betterment of the institution, but also the Members, to ensure that they stand a better chance to make sure that our committee, the Rules Committee, is one that we can both look at each other and know that we have done a job that would be fair and appropriate on behalf of the minority leader, the majority leader, and the Speaker of the House of Representatives and all of our Members. The rules package before us today will continue the effort by our Republican majority to make the work of the House as open, transparent, and streamlined as possible. This work began in the 112th Congress under the leadership of former Chairman David Dreier. When a number of important reforms were implemented, David Dreier made sure that they worked. Today, we will continue the tradition of that transparency initiated by Chairman Dreier. The nonpartisan Sunlight Foundation recently praised our endeavors in that effort by saying: It is clear that the House has become a more transparent institution over the last 2 years. The accolades there go to the gentleman from California, David Dreier. This body is wholeheartedly committed to advancing that reform process, and I am as its new chairman. Our work must begin and must always be directed to accountability, to the people who granted us the privilege of serving in this body. But the imperative for accountability is never higher than when we face tough economic times, economic times that each of us bring to the floor because of the demand upon people that we represent. As our national debt skyrockets, our economy limps sluggishly along, and unemployment remains predictably high, the need for a fully transparent and accountable process in this institution to help in that effort of unemployment in this country and to gain more jobs is one of the things which this Rules Committee and the work of the floor should be about. The rules package that we focus on today for the 113th Congress will help us to achieve that goal. It preserves the important reforms that we made in the previous Congress, while adding a few perfecting amendments and several other ideas. One such amendment in section 2 will help to streamline and expedite floor voting procedures. It is important to note, however, that these procedures are intended to be used to expedite consideration of questions of the House while ensuring that no Member is denied an adequate opportunity to vote. Section 2 also makes several improvements and clarifications in the Congressional Code of Conduct in order to more efficiently hold each Member of this body accountable. For example, it expands the current nepotism rule to conform to current law and to add grandchildren to the rule, who are not currently covered under House rules or current law. This is a strongly held bipartisan measure that has received praise from a number of transparency groups, including the Sunlight Foundation, as I mentioned at the outset. This rules package also amends the restrictions on the use of private aircraft contained in the Code of Conduct so as to harmonize House and Senate rules. These changes provide more flexibility to Members whose districts, including rural and remote locations, are not easily reached by car and do not have scheduled air service. They will also facilitate travel during extraordinary circumstances, such as in an emergency or in the aftermath of a natural disaster. At the same time, the revised rules keep in place safeguards to help ensure that such travel is fully consistent with House and ethics guidelines and rules. The new rules will simply ensure that Members pay a fair market rate for air travel, regardless of the type of aircraft that is used. Together, the amendments and the clarifications to the Code of Conduct contained in this resolution will better ensure that elective representatives, officials, and employees of the House can execute their official duties in an efficient, ethical, and transparent way. Section 3 of the rules package makes a number of separate orders. The most significant among them eliminates provisions contained in the Affordable Care Act that limit the ability of the House to respond to recommendations from the Independent Payment Advisory Board. Now, House Republicans have made it very clear that we oppose ObamaCare. We have acted repeatedly to repeal and to replace this controversial law. But regardless of where any Member may stand on this issue, the question of preserving the prerogative [[Page 31]] of the House of Representatives to its work and its will without dispute or controversy must be achieved. Article I, section 5 of the Constitution very clearly states that this body has the right and the responsibility to determine the rules of its proceedings. This provision will ensure that, as we proceed with the issue of health care reform, the ability of the House to respond to the Independent Payment Advisory Board is not abridged. Sections 3 and 4 go on to make a number of adjustments that enhance our budgetary process, preserve our oversight rules, and strengthen our ethics procedures. Finally, section 5 allows the Speaker to recognize Members for the reading of the Constitution on any legislative day through January 15, 2013. Every Member of this body has sworn an oath today to uphold and defend the Constitution of the United States. It is a very worthwhile endeavor to spend time in the first few days of this new Congress, and perhaps any Congress, to review the inspiring words of our Nation's founding document. The rules package that I have just outlined for you will better enable each of us, as an institution, to perform our constitutional duties and obligations with integrity, transparency, and accountability, while streamlining its operations. Presenting this package to the House is my first official act as chairman of the Rules Committee for the 113th Congress, and I think it exemplifies our commitment to an open and deliberative process that empowers the majority to work its will while preserving the ability of individual Members, particularly those in the minority, to present their ideas and engage in meaningful debate. I urge my colleagues to support this rules package, and I will insert, for the Record, a section-by-section analysis of the resolution. With that, I reserve the balance of my time. H. Res. 5 Adopting Rules for the 113th Congress Section-By-Section Analysis Section 1. Resolved Clause. This section provides that the Rules of the 112th Congress are the Rules of the 113th Congress, except with the amendments contained in section 2 of the resolution and orders contained in sections 3, 4, and 5. Section 2. Changes to the Standing Rules. Committee Activity Reports. Subsection (a) reduces the frequency of committee activity reports from four times per Congress to two times per Congress (once per Session). The process for filing end of session committee reports is also modified to allow filings through January 2nd of each year. Voting. Subsection (b) streamlines the voting process for several specific instances in the House and the Committee of the Whole. Paragraph (1) authorizes the Chair to reduce the time from 5 minutes to not less than 2 minutes for a vote after a quorum call in the Committee of the Whole, which is similar to the Speaker's current authority in the House to shorten votes following a quorum call. It also authorizes the Chair to reduce the time for voting on the first question arising without intervening debate or motion after the Committee of the Whole resumes its sitting. Paragraph (2) authorizes the Speaker to reduce the time for voting on the first question arising without intervening debate or motion after the Committee of the Whole rises and to reduce the time for voting on motions to recommit to not less than 5 minutes. The Rules Committee intends that these parallel authorities will be used following a vote stack in the Committee of the Whole or the House, respectively, where the Chamber is still full, and hence it would be likely that the Presiding Officer would determine that an adequate opportunity for Members to vote exists. Clarifications in Rule X. Subsection (c) makes two clarifications with respect to clause 1 of rule X. Paragraph (1) clarifies that the Committee on Homeland Security's jurisdiction includes the general management of the Department of Homeland Security. This change is intended to clarify the Committee's existing jurisdiction over the organization and administration of the department, and is not intended to alter the pattern of bill referrals to the Committee on Homeland Security, nor is it intended to alter the existing oversight jurisdiction of the Committee on Homeland Security. Paragraph (2) conforms terminology used in the Committee on Natural Resources jurisdiction to terminology recognized by the Departments of State and Interior. Modifications of the Ramseyer Rule. Subsection (d) is intended to improve the readability of the comparative print required by clause 3(e) of rule XIII--commonly known as a ``Ramseyer''--by including other contiguous portions of law if they will be useful in understanding the change made by the amendment. The chair of each committee will determine the portions of the amended law that will be useful to improve readability. Changes to the Code of Conduct and the Committee on Ethics. Subsection (e) makes several improvements and clarifications to the Code of Conduct. Paragraph (1) clarifies the circumstances under which the Committee on Ethics or its chair must make a public statement following action whereby time for consideration of a certain recommendation from the Office of Congressional Ethics is extended. Currently, the rule could be read to require a public statement when the time is extended by joint action of the chair and ranking minority member, but not when the time is extended by committee vote. Paragraph (2) amends clause 8(c) of rule XXIII to expand the current nepotism rule to conform to current law and adds grandchildren to the rule, who are not currently covered under House Rules or current law. The provision permits grandchildren who were employed by a relative prior to the 113th Congress to retain their employment subject to the same restrictions applied to spouses employed prior to the 107th Congress. Paragraph (3) transfers the responsibility to maintain copies of the executed classified oath, in the case of an officer or employee of the House, to the Sergeant-at-Arms. The Clerk of the House will continue to maintain the executed oaths for Members, Delegates, and Resident Commissioners. Paragraph (4) amends the restrictions on the use of private aircraft contained in the Code of Conduct so as to conform the House rule to the existing rule in the Senate. The changes allow Members to pay their pro rata share for a charter flight based upon the fair market value of the flight, divided by the number of Members, officers, or employees of the House on the flight. It also increases the flexibility of Members with regard to which aircraft may be used. Members may pay for a charter flight authorized under this provision with either personal or official funds. The amended rule would allow House Members to use their campaign funds, in addition to official or personal funds. However, a statute still prohibits House candidates (but not Senate candidates) from using campaign funds for that purpose. Therefore, the rule change only affects personal and official funds unless 2 USC 439a(c)(2) is amended by future legislation. This paragraph also provides that the chair and ranking minority member of the Committee on Ethics may jointly waive this rule, subject to such conditions as they may prescribe. This provision is intended to facilitate the use of private aircraft in extraordinary circumstances, such as in an emergency or in the aftermath of a natural disaster. Technical and Clarifying Changes. Subsection (f) corrects several typographic and other simple errors in the standing rules. Paragraph (1) corrects a typographic error. Paragraph (2) amends rule II (relating to House Officers) to add the Committee on Appropriations to the list of recipients of audit reports prepared by the Inspector General of the House. Paragraph (3) amends rule V (relating to Broadcasting of House proceedings) to address new technology and clarify acceptable uses of coverage of the floor proceedings. Paragraph (4) conforms the process for regular meeting notices to committee practice, which will eliminate the need to cancel the regular meeting if it was never noticed. Paragraph (5) clarifies the process for noticing a special meeting called pursuant to clause 2(c)(2) of rule XI. Paragraphs (6) and (7) are technical changes. Paragraph (8) amends rule XI to clarify that if any Member notifies a committee of the intention to file views, all Members are entitled to file views. Paragraph (9) makes a typographic change and related conforming changes. Paragraph (10) conforms clause 6(g) of rule XIII to the Rules Committee practice of specifying waivers in committee reports rather than resolutions. Paragraph (11) amends rule XV to clarify that motions to discharge a committee apply to all committees, including select committees. Paragraph (12) clarifies that precedents related to Calendar Wednesday business in effect before the 111th Congress will be applied only to the extent consistent with clause 6 of rule XV. Paragraph (13) clarifies that with respect to a call of the House in the event of a catastrophic circumstance, the Speaker may consult with the Majority Leader and Minority Leader or their designees. Paragraph (14) conforms rules related to conference reports to existing electronic availability for bills and other measures. Paragraph (15) is a technical change to conform to current House practices. Paragraph (16) eliminates the requirement for physical printing of Member Financial Disclosures in light of online disclosure under the STOCK Act. Section 3. Separate Orders. Independent Payment Advisory Board. Subsection (a) eliminates provisions contained in the Affordable Care Act that limit the ability of the House to determine the method of consideration for a recommendation from the Independent Payment Advisory Board or to repeal the provision in its entirety. [[Page 32]] Budget Matters. Subsection (b)(1) clarifies that section 306 of the Budget Act (prohibiting consideration of legislation within the Budget Committee's jurisdiction, unless referred to or reported by the Budget Committee) only applies to bills and joint resolutions and not to simple or concurrent resolutions. Paragraph (2) makes a section 303 point of order (requiring adoption of budget resolution before consideration of budget-related legislation) applicable to text made in order as an original bill by a special rule. Paragraph (3) provides that specified or minimum levels of compensation for a Federal office will not be considered as providing new entitlement authority. Paragraph (4) prevents the Committee of the Whole from rising to report a bill to the House that exceeds an applicable allocation of new budget authority under section 302(b) (Appropriations subcommittee allocations) as estimated by the Budget Committee and creates a point of order. Paragraph (5) provides that the provisions of House Concurrent Resolution 112 (112th Congress), as adopted by the House, and the allocations of spending authority printed in tables 11 and 12 of House Report 112-421 (112th Congress) will be in effect until a budget resolution for fiscal year 2014 is adopted. Determinations for PAYGO Acts. Subsection (c) allows the chair of the Budget Committee to take into account the exemptions provided under 503(b)(1) of H. Con. Res. 112 (112th Congress) for the purpose of complying with Statutory PAYGO. Spending Reduction Amendments in Appropriations Bills. Subsection (d) carries forward the requirement from the 112th Congress that in each general appropriations bill there be a ``spending reduction'' account, the content of which is a recitation of the amount by which, through the amendment process, the House has reduced spending in other portions of the bill and indicated that such savings should be counted towards spending reduction. It provides that other amendments that propose to increase spending in accounts in a general appropriations bill must include an offset of equal or greater value. Estimates of Direct Spending. Subsection (e) prohibits the consideration of a concurrent resolution on the budget, or any proposed amendment to or conference report on, unless it includes specified information and estimates related to direct spending, including means-tested direct spending and nonmeans-tested direct spending. The subsection also requires the chair of the Committee on the Budget to publish a description in the Congressional Record of covered programs. Certain Subcommittees. Subsection (f) waives clause 5(d) of rule X to allow the Committees on Armed Services and Foreign Affairs up to seven subcommittees each, and the Committee on Transportation and Infrastructure up to six subcommittees. This is a standard provision carried in the rules package during the last several congresses. Exercise Facilities for Former Members. Subsection (g) continues the prohibition on access to any exercise facility that is made available exclusively to Members, former Members, officers and former officers of the House and their spouses to any former Member, former officer, or spouse who is a lobbyist registered under the Lobbying Disclosure Act of 1995. Numbering of Bills. Subsection (h) reserves the first 10 numbers for bills (H.R. 1 through H.R. 10) for assignment by the Speaker and the second 10 numbers (H.R. 11 through H.R. 20) for assignment by the Minority Leader. Inclusion of United States Code Citations. Subsection (i) requires the sponsor of a bill or joint resolution to include, if available and to the maximum extent practicable, the applicable United States Code citation when the legislation proposes to repeal or amend in full or in part any uncodified law. Duplication of Federal Programs. Subsection (j) authorizes the chair of a committee to request that the Government Accountability Office perform a duplication analysis of any bill or joint resolution referred to that committee. The subsection also requires committee reports to include a statement indicating whether any provision of the measure establishes or reauthorizes a program of the Federal Government known to be duplicative of another Federal Program. Disclosure of Directed Rule Makings. Subsection (k) requires committee reports on bills or joint resolutions to include a statement estimating the number of directed rule makings required by the measure. The subsection defines ``directed rule making'' to include those rule makings specifically directed to be completed by a provision in the legislation, but does not include a grant of discretionary rule making authority. Section 4. Committees, Commissions, and House Offices. Litigation Matters. Subsection (a) carries forward the authority of the House, and certain constituent entities on its behalf, to litigate ongoing matters. Paragraph (1) particularly relates to the House's litigation through the Bipartisan Legal Advisory Group, the entity that speaks for, and articulates the litigation position of, the House in all litigation matters in which it appears. The Bipartisan Legal Advisory Group currently is litigating a number of matters on behalf of the House involving the constitutionality of Section 3 of the Defense of Marriage Act (``DOMA''). DOMA was enacted in 1996 by overwhelming bipartisan majorities of both houses of Congress and then signed into law by President Clinton. Congress and the President relied, in part, on the Department of Justice's advice that DOMA was constitutional. See, e.g., Letter from Andrew Fois, Asst. Att'y Gen., to Rep. Canady (May 29, 1996), reprinted in H.R. Rep. No. 104-664, at 34 (1996), reprinted in 1996 U.S.C.C.A.N. 2905 (``House Report''); Letter from Andrew Fois, Asst. Att'y Gen., to Rep. Hyde (May 14, 1996), reprinted in House Rep. at 33-34; Letter from Andrew Fois, Asst. Att'y Gen., to Sen. Hatch (July 9, 1996), reprinted in Defense of Marriage Act: Hearing on S. 1740 Before the S. Comm. on the Judiciary, 104th Cong. 2 (1996). It is the constitutional responsibility of the Executive Branch to defend the constitutionality of duly-enacted statutes such as DOMA. U.S. Const. art. II, Sec. 3 (``[The President] shall take Care that the Laws be faithfully executed. . . .''). However, on February 23, 2011, the Attorney General notified the Speaker of the House that the Executive Branch no longer would defend the constitutionality of DOMA Section 3. Letter from Att'y Gen. Eric H. Holder, Jr., to the Hon. John A. Boehner, Speaker of the House (Feb. 23, 2011). Remarkably, the Executive Branch abdicated its constitutional responsibility, notwithstanding the Attorney General's candid acknowledgement that: in light of ``the respect appropriately due to a coequal branch of government,'' the Department ``has a longstanding practice of defending the constitutionality of duly-enacted statutes if reasonable arguments can be made in their defense,'' id. at 5; binding precedents of eleven of thirteen U.S. Courts of Appeals (the other two being silent on the issue) held that sexual orientation classifications are subject only to rational basis review under the Equal Protection Component of the Due Process Clause of the Fifth Amendment, id. at 3-4 nn.4-6; and ``a reasonable argument for Section 3's constitutionality may be proffered under [the rational basis] standard,'' id. at 6. As a result of the Executive Branch's abdication of its constitutional responsibility, on March 9, 2011, the Speaker of the House, on the recommendation of the Bipartisan Legal Advisory Group of which he is a part, and in accordance with the Rules and precedents of the House, directed the Office of the General Counsel to represent the Bipartisan Legal Advisory Group, on behalf of the House, in defending the constitutionality of DOMA Section 3 in civil actions in which that statute's constitutionality has been challenged in order to protect the interests of the House. The House has articulated its institutional position in litigation matters through a five-member bipartisan leadership group since at least the early 1980s, although the formulation of the group's name has changed somewhat over time. Since 1993, the House rules formally have acknowledged and referred to the Bipartisan Legal Advisory Group as such. Prior to its involvement in the DOMA litigation, the Bipartisan Legal Advisory Group, or its predecessors, had intervened in at least eleven cases. See, e.g., Adolph Coors Co. v. Brady, 944 F.2d 1543, 1545 (10th Cir. 1991); In re Koerner, 800 F.2d 1358, 1360 (5th Cir. 1986); North v. Walsh, 656 F. Supp. 414, 415 n.1 (D.D.C. 1987); Am. Fed'n of Gov't Emps. v. United States, 634 F. Supp. 336, 337 (D.D.C. 1986); Synar v. United States, 626 F. Supp. 1374, 1378-79 (D.D.C.), aff'd sub nom. Bowsher v. Synar, 478 U.S. 714 (1986); Ameron, Inc. v. U.S. Army Corps of Eng'rs, 607 F. Supp. 962, 963 (D.N.J. 1985), aff'd, 809 F.2d 979 (3d Cir. 1986); Barnes v. Carmen, 582 F. Supp. 163, 164 (D.D.C. 1984), rev'd sub nom. Barnes v. Kline, 759 F.2d 21, 22 (D.C. Cir. 1985), rev'd on mootness grounds sub nom. Burke v. Barnes, 479 U.S. 361, 362 (1987); In re Prod. Steel, Inc., 48 B.R. 841, 842 (M.D. Tenn. 1985); In re Moody, 46 B.R. 231, 233 (M.D.N.C. 1985); In re Tom Carter Enters., Inc., 44 B.R. 605, 606 (C.D. Cal. 1984); In re Benny, 44 B.R. 581, 583 (N.D. Cal. 1984), aff'd in part and dismissed in part, 791 F.2d 712, 714 (9th Cir. 1986). In addition, the Bipartisan Legal Advisory Group, or its predecessors, has appeared on behalf of the House as amicus curiae in more than a dozen other cases--generally cases in which the Executive Branch had not abandoned its duty to defend a duly-enacted statute. See, e.g., Br. of Amicus Curiae the Bipartisan Legal Advisory Group of the U.S. House of Representatives in Supp. of Pet'r, Renzi v. United States, No. 11-557, 2011 WL 6019914 (S. Ct. Dec. 2, 2011); Dickerson v. United States, 530 U.S. 428, 430 n.* (2000); Raines v. Byrd, 521 U.S. 811, 818 n.2 (1997); Am. Foreign Serv. Ass'n v. Garfinkel, 490 U.S. 153, 154 (1989); Morrison v. Olson, 487 U.S. 654, 659 (1988); Japan Whaling Ass'n v. Am. Cetacean Soc'y, 478 U.S. 221, 223 (1986); Helstoski v. Meanor, 442 U.S. 500, 501 (1979); United States v. Helstoski, 442 U.S. 477, 478 (1979); United States v. Renzi, 651 F.3d 1012, 1015 (9th Cir. 2011); In re Grand Jury Subpoenas, 571 F.3d 1200 (D.C. Cir. 2009); Fields v. Office of Eddie Bernice Johnson, 459 F.3d 1, 3 (D.C. Cir. 2006) (en banc); Beverly Enters., Inc. v. Trump, 182 F.3d 183, 186 (3d Cir. 1999); United States v. McDade, 28 F.3d 283, 286 (3d Cir. 1994); In re Search of The Rayburn House Office Bldg., 432 F. Supp. 2d 100, 104-05 (D.D.C. 2006), rev'd sub nom. United States v. [[Page 33]] Rayburn House Office Bldg., 497 F.3d 654 (D.C. Cir. 2007). Accordingly, the intervention by the Bipartisan Legal Advisory Group in the DOMA Section 3 cases to articulate the House's institutional position, and to protect the House's institutional interests, has been neither unusual nor extraordinary. Recently, the Supreme Court granted certiorari in one of the cases in which the Bipartisan Legal Advisory Group has intervened to defend the constitutionality of DOMA Section 3, i.e., Windsor v. United States, 833 F. Supp. 2d 394 (S.D.N.Y. 2012), affd, 699 F.3d 169 (2d Cir. 2012), cert. granted, No. 12-307 (Dec. 7, 2012), cert. pending No. 12-63 (July 16, 2012), and No. 12-785 (Dec. 28, 2012). In granting certiorari in Windsor, the Supreme Court asked the parties to brief, in addition to the merits of the DOMA Section 3 issue, this question: ``[W]hether the Bipartisan Legal Advisory Group of the United States House of Representatives has Article III standing in this case.'' Op. Granting Cert., Windsor v. United States, No. 12-307, 2012 WL 4009654 (Dec. 7, 2012). Paragraph (1) is intended to clarify the role of the Bipartisan Legal Advisory Group generally, and in the Windsor litigation particularly. Paragraph (2) authorizes the Committee on Oversight and Government Reform, through the House Office of the General Counsel, to continue litigation to enforce a subpoena against the Attorney General related to the ``Fast and Furious'' investigation. This lawsuit was authorized by H. Res. 706 (112th Congress). It also authorizes the chair of the Committee on Oversight and Government Reform (when elected) to take certain actions necessary to continue the litigation. Parallel authority was contained in H. Res. 5 (111th Congress) on a similar contempt matter. House Democracy Partnership. Subsection (b) reauthorizes the House Democracy Partnership. Tom Lantos Human Rights Commission. Subsection (c) reauthorizes the Tom Lantos Human Rights Commission. Office of Congressional Ethics. Subsection (d) reauthorizes the Office of Congressional Ethics (OCE) for the 113th Congress and clarifies that term limits do not apply to members of the OCE. Empanelling Investigative Subcommittee of the Committee on Standards and Official Conduct. Subsection (e) continues House Resolution 451 (110th Congress) directing the Committee on Standards of Official Conduct (now Ethics) to empanel investigative subcommittees within 30 days after the date a Member is indicted or criminal charges are filed. Section 5. Additional Orders of Business Reading of the Constitution. Subsection (a) allows the Speaker to recognize Members for the reading of the Constitution on any legislative day through January 15, 2013. Motions to Suspend the Rules. Subsection (b) authorizes the Speaker to entertain motions that the House suspend the rules relating to a measure addressing flood insurance at any time on the legislative day of January 4, 2013. Ms. SLAUGHTER. Madam Speaker, I'm pleased to yield 2 minutes to the gentleman from Maryland, the Democratic whip, Mr. Hoyer. Mr. HOYER. I thank the ranking member, Ms. Slaughter, and I thank her for the work that she's doing and has been doing over the years as our representative and leader on the Rules Committee. I also want to congratulate my friend, Mr. Sessions, on attaining the chairmanship of the Rules Committee, an extraordinarily important committee that sets the parameters for debate and consideration of legislation on the floor of this House. I also want to thank him for his discussions with me, his willingness to work together, and I'm looking forward to a positive relationship as we try to make sure that we consider legislation on this floor, giving everybody on both sides of the aisle the opportunity to make their case. {time} 1520 I also want to thank the gentleman. He explained that we are effecting the rules, but I want to thank the Rules Committee--I want to thank the chairman in particular--and, frankly, the Speaker and the leadership for making changes prospectively so that existing individuals are not adversely affected, and I thank the chairman. Having said that, let me say that I am disappointed, though, that the majority is calling up a rules package that again embraces what I believe to be a partisan budget, which, obviously, there is significant disagreement about, and rejects efforts to compromise toward restoring, in my view, fiscal stability in our country. Despite bipartisan agreement in the Budget Control Act, the continuing resolution and, just this week, on the fiscal cliff, this rules package returns to the partisan stance that Republicans brought to the last Congress on fiscal issues and particularly on the budget. It deems the amounts in the Ryan budget to be the default funding levels this year, levels well below this week's compromised agreement. We saw that in the last budget process as well. We made an agreement, and lo and behold, the budget came out with numbers substantially below that agreement. The SPEAKER pro tempore. The time of the gentleman has expired. Ms. SLAUGHTER. I yield the gentleman an additional 2 minutes. Mr. HOYER. It also exempts the cost of policies we now know cannot become law: massive tax cuts as well as the cost of repealing the health reform act. We voted on that over 30 times in this House, and the American people had an opportunity to vote on that. We ought to be focused on making that act as good as it can be--saving as much money as it can and providing access to affordable, quality health care to all of our people. After more than 30 votes in the 112th Congress to repeal, it did not happen; yet this proposed rule signals the 113th will continue along a path that has been rejected. Another provision in this package continues the policy of denying a voice to 5 million American citizens living in our territories: the District of Columbia--Ms. Norton is here and will speak--Puerto Rico, as well as Guam, the U.S. Virgin Islands, American Samoa, and the Northern Mariana Islands. We have extended in Congresses past--and, frankly, when I was the majority leader--the ability for those Representatives to vote on this floor, not to vote on final passage-- the Constitution would have to do that--but to vote in the committee, in the Committee of the Whole. They can vote in our committees in the House, and we ought to give them that right here as a show of respect in order to honor their service to American citizens in the territories and in the District of Columbia. As this new Congress begins, we have an opportunity to commit ourselves to a spirit of compromise, which our constituents so desperately seek from their Representatives. Our Nation continues to face a number of challenges that can only be addressed by working together and giving every family the opportunity, as our leader said when she spoke so eloquently, to make it in America. Let us take advantage of this new session to start off on the right foot and show Americans that we are ready to come together to tackle our greatest challenges. Mr. SESSIONS. I yield myself such time as I may consume as I address the minority leader, if I can, the gentleman from Maryland. He is a very dear and a fine friend of mine. For a long time, I've enjoyed the opportunity during the years that I've been in this House to know him, to work with him. In fact, what he said is true in that I have offered myself to him in a way that would be fair and good, not just for every Member of this body but also for those whom he represents. I will try and do my very best within the limits and constraints that I have, but my attitude is always to be stellar, and I hope that he knows that he can count on that also. I thank the gentleman very much. I would also extend that to other Members who are here, Madam Speaker, who have come down to express their ideas. Their ideas about how to make this a better place are always important. The Republican Conference, the majority, had a vigorous time yesterday afternoon as we debated the House rules, as we offered our ideas, as we debated how we could make this a better place, not just transparent but really work to the efficiency of the people who sent us here. I must say that I'm fresh from that wonderful and invigorating time in which we talked about the ideas, we defended what we did and changed the things that needed to be done. Our Members all were accorded, not just equal time, but a chance to bring their ideas forth, perhaps from back home from a season of election, perhaps from their experiences that they had back home. It was really a good time for not just me as a Member [[Page 34]] but, I think, for all of us in our body. Today, we enjoy that same opportunity as we come together, Democrats and Republicans, on the floor to talk about the rules of the House. I reserve the balance of my time. Ms. SLAUGHTER. Madam Speaker, I am pleased to yield 3 minutes to the gentleman from South Carolina, assistant Democratic leader, Mr. Clyburn. Mr. CLYBURN. I thank the ranking member for yielding me the time. Madam Speaker, today is a day of great pride for every Member who has just been sworn in, particularly our newly elected Members. It is a great honor to be elected to serve in this body. On Election Day, our constituents went to their polling places and voted for us. We should be thankful for that, particularly so when, for far too many of our constituents, regardless of their political leanings, voting on Election Day was an unnecessarily burdensome, time-consuming, and unpleasant experience. In my home county in South Carolina, voters reported waiting in line for over 4 hours. One young voter thought ahead of time. He brought an iPad, and watched the entire ``Hunger Games'' movie while in line. Others, understandably, didn't have 3 hours to spare on a workday. In Detroit, Michigan, Gina Porter waited in line for more than 3 hours before giving up. Danielle Wilkins voted after waiting for 4 hours. In Lee County, Florida, Angela DeFranciesco went to her polling place in the morning with her infant son. Seeing a 3-hour line, she decided to come back later. After finding a babysitter, she returned in the afternoon, at which point the line had grown to 5\1/2\ hours. Unable to be away from her infant son that long, she left without voting. As President Obama said on election night, ``We have to fix that.'' As we take our places in this Congress that we earned on Election Day, now is the time to fix it. This motion to commit would ensure that no voter has to wait longer than an hour to cast a ballot. We have a long history of struggle over the right to vote in this country. Yet, time and again, we have reaffirmed the principle that every eligible American has an equal right to cast a ballot without facing discrimination. A 3-hour wait is discrimination against those who have to work, those who have to take care of their kids and those whose health prevents them from waiting in line for such a long time. Long lines are the 21st century version of poll taxes and literacy tests, disenfranchising the least advantaged and the most vulnerable citizens. We have an obligation to ensure that every American has an equal opportunity to exercise his constitutional right to vote. The SPEAKER pro tempore. The time of the gentleman has expired. Ms. SLAUGHTER. I yield the gentleman an additional 30 seconds. Mr. CLYBURN. My good friend and lifelong colleague, John Lewis, has called the right to vote ``precious, almost sacred,'' and ``the most powerful, nonviolent tool we have to create a more perfect Union.'' John could not be here to speak on this motion today, but I am proud to stand in his stead with Mr. Miller. It is a small but important step to fulfilling our obligation to protect the right to vote, and I urge the passage of this motion to commit. {time} 1530 Mr. SESSIONS. Madam Speaker, I appreciate the gentleman coming down with his words today. By the way, the gentleman mentioned a motion to commit and we have yet to see that. So if there is one, I would appreciate it if the gentlewoman from New York or the Clerk could provide that to me. Ms. SLAUGHTER. Will the gentleman yield to me to address that? Mr. SESSIONS. I yield to the gentlewoman. Ms. SLAUGHTER. Madam Speaker, I thank the gentleman. At the proper time, we will submit the motion. We are not yet offering it. Mr. SESSIONS. Reclaiming my time, when that is available, we appreciate that opportunity to review the motion that has been spoken about on the floor. Today what we're talking about, Madam Speaker, is how we are going to make sure that this Rules Committee and the rules of the House work very effectively. Later we will be calling a Rules Committee meeting. I will be announcing that the gentlewoman from North Carolina, Virginia Foxx, will become the vice chairman of the Rules Committee. The gentlewoman from Rochester, New York, will have a chance to bring her team up, and we'll begin that process of working together. Many of the ideas that have been brought forth here are very good ideas. The rules of the House are how we're going to proceed, and I think a lot of what's been talked about is legislation that we really need to work on and look at and analyze. I think every single election we learn things from around the country. Not one election have I not learned something we need to make better. I would say that John Boehner, our great young Speaker, is energized to look at all of the ideas that might come from legislation, would be pleased, as I would, to make sure that we look at these, because the integrity of who serves in this House and the ability that people have back home to go vote is important. I'm reminded on a regular basis by the gentlewoman from North Carolina (Ms. Foxx), the vice chairman of the committee, who will be appointed the vice chairman, of how important people are back home that we serve. That when we serve, we serve at the pleasure of others, and that our election to this Republic and the votes that we make are very, very important. And so it's always good to come down to the floor and be reminded of that as we remember our duty as we move forward. So I've enjoyed the opportunity to debate these issues and talk about them. I reserve the balance of my time. Ms. SLAUGHTER. Madam Speaker, I'm delighted to yield 2 minutes to the gentleman from Massachusetts (Mr. McGovern), a member of the Rules Committee. Mr. McGOVERN. Madam Speaker, I want to thank the ranking member for the time and for her extraordinary leadership. I also want to congratulate the incoming chairman, Mr. Sessions. I am hopeful that the 113th Congress will be more productive, collaborative, and civil than the 112th. I'm not particularly optimistic, but I'm always hopeful-- hopeful that we can return to some semblance of regular order with committees doing their work, bills coming to the floor under an open amendment process, and Members having the opportunity to reflect the will of their constituents. At the very least, I hope that the outrageous, partisan and closed process we saw during the fiscal cliff crisis is not repeated. That is no way to legislate, and it's no wonder after that bit of theater that the American people have so little regard for Congress. One of the best ways that we can help the country is to improve the way we conduct our elections because bad elections lead to bad lawmaking. If 2012 taught us anything, it's that we desperately need campaign finance reform. If the previous question is defeated on this rule, Democrats will amend the resolution to give the House a vote on a constitutional amendment to control the corrupting influence of money in politics. The Supreme Court's terrible decision in the Citizens United case opened the flood gates, and our election system is now awash in a sea of millions of dollars of unregulated money, drowning out the voices of individual citizens. Politicians are increasingly beholden to wealthy special interests. A multinational oil company that doesn't like a particular Member of Congress can now simply write a big check-- undisclosed check--to Americans for Apple Pie and Puppies and watch the negative advertising work their magic. There are a variety of ways to tackle this problem. In the last Congress, I introduced the people's rights amendment which would overturn Citizens United and put a stop to the corporate personhood nonsense that it represents. Despite what Governor Romney said on the campaign trail, corporations are not people and they do [[Page 35]] not deserve the same constitutional rights as American citizens. Other Members will have other ideas. But at the very least, we need to have this debate, and I urge my colleagues to defeat the previous question. Mr. SESSIONS. Madam Speaker, you know, once again we have a lot of political dogma that's taking place here. I was a worker in a corporation for a number of years, and I felt like I was a vital part of the success of not only that company and the things that I did, but I felt like in my 16 years, never missing a day of work, that I contributed to the success of customers and other people. And just like here in this body, there may be some organization or something that somebody doesn't like that serves this House of Representatives, but everybody is here. They show up at work and they get their work done. I would say that corporations, employers, are very important to this country. The ability that all people have, just as they're going to vote, to have a say in the processes that happen. There's a lot of attacking that gets done in this House of Representatives against employers, against people who go to work and provide honest services, and there are a lot of people who spend a lot of time demeaning others, and I'd like to see that stopped. But it's not going to. So people like myself will stand up and hopefully talk about the rights and responsibilities that we all have in an open society to make our country even stronger and better--once again, part of what the rules package is about. I reserve the balance of my time. Ms. SLAUGHTER. Madam Speaker, I'm please to yield 1 minute to the gentleman from Colorado (Mr. Polis), a member of the Rules Committee. Mr. POLIS. Madam Speaker, House Republicans in this rule are seeking to authorize lawyer fees for a costly Federal takeover of marriage that would single out legally married couples for discriminatory treatment under Federal law. I'm so disappointed that in the midst of our economic crisis and debt and deficit, House Republicans want to continue to waste millions of dollars of taxpayer money defending a law that the Obama administration has already said they won't spend a penny on. Typical tax and spend Republican policies. Last Congress finished with the majority of Republicans voting for the biggest tax increase in the history of our country by opposing the fiscal cliff tax relief bill. And now here we are in this Congress, sticking taxpayers with millions of dollars of unnecessary costs right on day one in the rule of the House itself. At least when Democrats spend money, we build roads and bridge, educate kids, provide health care. This Republican spending goes right into the pockets of lawyers. Big-spending Republicans on day one spending millions of dollars of taxpayer money on a Federal takeover of marriage and a lawyer stimulus. Wrong foot to start off on. Vote ``no.'' Mr. SESSIONS. Madam Speaker, I reserve the balance of my time. Ms. SLAUGHTER. Madam Speaker, I'm pleased to yield 2 minutes to the gentleman from California (Mr. George Miller), the distinguished ranking member of the Committee on Education and the Workforce. Mr. GEORGE MILLER of California. I thank the gentlewoman for this recognition, and I rise in favor of the motion to commit that I will be offering with Mr. Clyburn and Mr. Lewis before the House later today so that we can take a small, but very important, step to protect the right of every American to vote. I was appalled on this past election day by widespread reports across the country of voters forced to wait in hours-long lines simply to exercise one of our most fundamental rights--the right to vote. Even in some States with early voting, voters were forced to choose between waiting for hours or missing work or taking care of their children in order to cast their vote, or giving up their right to vote altogether. At some precincts in Miami, hundreds of voters stood in line for over 4 hours, past the 7 o'clock closing time of the polls, even after President Obama had been declared the winner of the election. It offends our basic values that Americans would be denied the right to vote because of a last-minute illness or change in the work schedule, the need to pick up a child from school, or some other unavoidable emergency, meaning that they could not afford to wait in line for several hours simply to exercise that right. The motion to commit in the House will make two important changes. First, it will require in Federal elections that every State provide for at least 15 days' early voting; and, two, it would require the State to provide adequate resources, staff, and machines at polling places in Federal elections to ensure that voters are not forced to wait in line for more than an hour. There are numerous changes that need to be made to adequately protect the rights of all Americans to their right to vote, and I support the comprehensive approach to voter protections that has been developed by Mr. Lewis and Mr. Clyburn. However, today we have a chance to take a very simple step to make sure that voting is simple for Americans so they can exercise their right, a right that we broadcast to the rest of the world about how we choose our leaders and how we exercise our democracy. But that right and that democracy is now being thwarted by efforts at the local and State levels to make voting more difficult, to prohibit people from voting. We can change all of that in the motion to commit today in this rules package, and I would urge my colleagues to support that. I want to thank Mr. Clyburn and Mr. Lewis for their leadership. I'm very sorry that Mr. Lewis is unable to be here today with the untimely death of his wife, Lillian. {time} 1540 Mr. SESSIONS. Madam Speaker, I yield myself such time as I may consume. I'm very disappointed that the minority, even upon me asking just a few minutes ago, has chosen not to share the text of the motion to commit with us. There's a lot of discussion about wanting people to come and vote back home and see things, and there's a lot of debate here about, boy, we're hoping a lot of Republicans vote with us, but we're not providing the text of that as to where our Members would have an opportunity to understand that. Now, I think it's clearly of great importance to the gentleman, at least, from South Carolina and the gentleman from California, and as a member of the minority leadership, he should know that, while he discusses it with great passion and perhaps wants us to vote for it, we still have not seen a copy of that. The first edition of the rules package today has been online for nearly a week. The Republican package that we would want people to vote on has been online, available. At our Conference last night, we put out--as soon as we knew what those final revisions were, we put that out. In contrast, we still have not seen that. I would ask the gentlewoman for a copy of that motion. I yield to the gentlewoman from New York. Ms. SLAUGHTER. The proper time, Madam Speaker, to offer a motion to recommit is after the previous question has been approved. When the motion is offered, we'll be happy to provide a copy to the gentleman. Mr. SESSIONS. Reclaiming my time, I think it's pretty obvious that what the gentlewoman is saying is that they want to stand up and make a point, and they want to have a vote here, and they probably want to end up complaining if they didn't pass something, but they're not willing to share their ideas. I think it's amazing that we're talking about transparency, accountability, trying to share information where we can work closer together, glean ideas from each other, come together with an opportunity, and yet, at the appropriate time, we'll get a copy of that. So I'm sure that will happen about a minute before we're asked to vote on it. [[Page 36]] That's not a way to be transparent, that's not a way that I think we should move forward, but it is consistent, and we'll have a consistent outcome. I reserve the balance of my time. Ms. SLAUGHTER. Let me just take a second to say, Madam Speaker, that I would be happy to share anything we can at the proper time, and we will do that. We will follow the rules. I yield 2 minutes to the gentlewoman from the District of Columbia, Ms. Eleanor Norton. Ms. NORTON. I thank the gentlewoman from New York for yielding. Madam Speaker, the very first vote of the 113th Congress was a vote on whether or not I was entitled to vote for the 600,000 taxpaying residents of the District of Columbia I represent. The motion to table my motion prevailed 224-187. My motion simply would have required a study of whether there was any reason that Delegate voting should be denied. This would not have been a difficult study because the Federal courts have already done our work for us. Two Federal courts have found that Delegate voting in the Committee of the Whole is constitutional. What is more painful and arbitrary than not having the final vote, what is more painful and arbitrary than not having even the vote in the Committee of the Whole is having a vote that you have exercised withdrawn, as this vote was today. In three Congresses we exercised our vote in the Committee of the Whole. No vote should be dependent on which party is in power. The vote in the Committee of the Whole was not a vote on final legislation. It was a symbol of our American citizenship. You cannot take away our citizenship. In this country, you should never be able to take away a vote once it has been granted. Mr. SESSIONS. Madam Speaker, I think it's well understood that the offices of the Resident Commissioner from Puerto Rico and the Delegates of the House of Representatives from American Samoa, the District of Columbia, Guam, and the U.S. Virgin Islands, and now the Commonwealth of the Northern Mariana Islands, are created by statute and not by the Constitution. They represent territories and associated jurisdictions, not States. They are not Members of Congress, and they do not possess the same potentiary rights afforded to Members under the Constitution. They are here in this body. We represent them to each other as important, and we listen to them and they do things, but as it refers to voting on the floor, in the Committee of the Whole, that is an issue that I believe is well understood. I reserve the balance of my time. Ms. SLAUGHTER. Madam Speaker, I yield 30 seconds to the gentlewoman from the District of Columbia (Ms. Norton). Ms. NORTON. I grant the gentleman that the Delegates are here by statute, but the gentleman should also recognize that the vote we had in three Congresses was a vote that the Federal courts have said is constitutional. Once we are here by statute, once we get a constitutional vote, it seems to me completely arbitrary to withdraw that vote, particularly for the District of Columbia. As long as you take our taxes, the very least I think the people I represent are entitled to is the vote in the Committee of the Whole. Mr. SESSIONS. Madam Speaker, I reserve the balance of my time. Ms. SLAUGHTER. Madam Speaker, I'm pleased to yield 2 minutes to the gentleman from New York (Mr. Nadler). Mr. NADLER. Madam Speaker, I rise in opposition to this rules package and, in particular, to one specific provision that places the House on the wrong side of history and misrepresents the position of this House and its Members. Section 4 of the resolution continues to authorize the expenditure of taxpayers' money to defend, in court, the unconstitutional and discriminatory so-called ``Defense of Marriage Act.'' It goes further to state that this partisan effort ``speaks for and articulates the institutional positions of the House.'' That is simply not true. The original decision to defend DOMA was taken by a party-line vote of the Bipartisan Legal Advisory Group, and all further decisions have been taken by the Republican leadership alone, some in secret. So far, the Republican leadership has authorized the expenditure of $2 million of taxpayers' money to defend this discriminatory law. This defense is not supported by the entire House. 145 Members of the House have signed a brief arguing that DOMA should be declared unconstitutional and struck down. So far, every court that decided this question has agreed that DOMA is unconstitutional. We have repeatedly asked the Speaker for a briefing from the lawyers retained by the Republican majority. The Speaker hasn't even seen fit to give us the courtesy of a response. If these high-priced lawyers really represent the House, they should at least have the courtesy to meet with their alleged clients to answer questions about that representation. The time has come to call a halt to this farce. At the very least, the rules should reflect the reality that the House is deeply divided on the question and that the outside lawyers acting at Speaker Boehner's direction do not speak for the institution as a whole. I urge my colleagues to vote against this rules package. Mr. SESSIONS. Madam Speaker, I reserve the balance of my time. Ms. SLAUGHTER. Madam Speaker, I'm pleased to yield 1\1/2\ minutes to the gentleman from California (Mr. Schiff). Mr. SCHIFF. I thank the gentlewoman for yielding. I rise for two purposes: First, to oppose the rule, which institutes, again, the folly of spending taxpayer dollars to defend the unconstitutional, and that is DOMA. This was a poor waste of our resources in the last Congress. It will be an even worse utilization of scarce taxpayer dollars in this new session. {time} 1550 Second, I rise to raise another issue debated fiercely, and that is campaign finance reform. Clearly, our democracy is broken, with billions of dollars of campaign spending by special interests, much of it anonymous, flooding the airwaves this fall. In the last Congress, I introduced an amendment drafted by constitutional scholar Larry Tribe that would address the central flaw in reasoning underlying many of the Supreme Court's decisions, and that is the artificial distinction between contributions, which may be regulated, and supposedly independent expenditures, which may not. I don't support a constitutional amendment lightly and have found few that I would even entertain in my 12 years in Congress. Yes, unrestrained spending and the unmistakable tinge of corruption it creates demand action. Disclosure should come first. But the power to reasonably regulate both contributions and expenditures should follow. And that will require a constitutional amendment. Madam Speaker, I urge the House to defeat the previous question and, in doing so, set the stage for a debate of a constitutional amendment to restore transparency and accountability to our campaign finance system. Madam Speaker, we have just concluded another long, hard fought election year. Issues were debated, often fiercely, but that is as it should be in a democracy. Yet in one respect our democracy is clearly broken, Billions of dollars of campaign spending by special interests-- much of it anonymous--flooded the airwaves this fall. And because of a series of decisions by the Supreme Court, stretching from Buckley v. Valeo in 1976 up to Citizens United in 2010, regulating and limiting the influence of special interests on our elections is now largely beyond the power of the federal government or the states. We have seen the result all across our television screens as billions in spending by secretive Super PACs that smear candidates of all parties anonymously and unaccountably. Last Congress, I introduced an amendment drafted by leading Constitutional Scholar Lawrence Tribe that would address the central flaw in reasoning underlying the Court's decisions--the artificial distinction between direct contributions, which may be regulated, and supposedly independent expenditures, which [[Page 37]] may not. I do not support a constitutional amendment lightly and have found few I would even entertain in my 12 years in Congress. Yet unrestrained spending and the unmistakable tinge of corruption it creates demand action. Disclosure should come first. But the power to reasonably regulate both contribution and expenditure should follow; and that will require an Amendment. Madam Speaker, I urge the House to defeat the previous question and in doing so, set the stage for debate of a constitutional amendment to restore transparency and accountability to our campaign finance system. That's what the American people want, and our democracy requires. Mr. SESSIONS. Once again, I appreciate and respect the opportunity that's afforded in this time for Members of Congress like the gentleman from California and others to come forth and to give their ideas. I reserve the balance of my time. Ms. SLAUGHTER. Madam Speaker, I yield 1 minute to the gentleman from Florida (Mr. Deutch). Mr. DEUTCH. Madam Speaker, I urge a ``no'' vote on the previous question. The 113th Congress convenes as we embark on a new year and, we hope, for new politics. Yet anyone with a New Year's resolution knows that self-improvement requires self-reflection. As full of goodwill and common purpose as we are today, we must acknowledge why so many Americans are fed up with our politics. Whether it's the attack ads, the rampant misinformation, or the bitter partisanship, so much of the frustration rises from the big money in our democracy. Why the frustration? Elderly Americans don't have super PACS, Madam Speaker. Children in poverty don't have corporate lobbyists. The American people count on us to ensure that their voices are heard. That's what they expect from us. Americans' outrage over our inability to govern in the public interest is quickly becoming an accepted frustration, but it shouldn't be that way. It shouldn't be that way, Madam Speaker. In America, we don't have to accept the status quo. We the people make the rules. It's time for the 28th amendment to the Constitution. Throughout American history, Republicans and Democrats alike have defended our right to decide our destiny as a people. We must restore our democracy to the people. This is the way to do it. Mr. SESSIONS. I reserve the balance of my time. Ms. SLAUGHTER. Madam Speaker, I yield 1 minute to the gentlewoman from Maryland (Ms. Edwards). Ms. EDWARDS. Although I do support the changes to our ethics rules contained in the package, I cannot support the overall package, and I rise in opposition to the previous question for the purposes of allowing the House to consider a constitutional amendment to address the Supreme Court's decision in Citizens United. The 2012 election was the most expensive in our Nation's history. Outside groups, including over 1,200 super PACs spent $970 million, and $123 million of anonymous cash was spent in our campaigns. All told, the price tag for last year's election was $6 billion. This is only the beginning. In the years to come, spending will expand at the Federal, State, and local levels--megaphones of monied interests drowning out the voices of ordinary Americans. It's time for us to do something about it. And I don't take amending our Constitution, our founding document, lightly. And here on this day, when we're celebrating and commemorating this year's 150th anniversary of the signing of the Emancipation Proclamation, it's time for all Americans to be free in our elections, to free our elections from monied interests, and to amend the Constitution so that Congress can protect the integrity of our elections. Mr. SESSIONS. I reserve the balance of my time. Ms. SLAUGHTER. Madam Speaker, in closing, it's become glaringly obvious that our democratic process is broken. Due in large part to the overwhelming influence of money in our elections, together with widespread discriminatory laws that seek to suppress the vote, our electoral process is on the brink of dysfunction. My Democratic colleagues and I are committed to fixing our election system and have a chance today to return democracy to the hands of voters. Madam Speaker, if we defeat the previous question, I will offer an amendment to the resolution to make sure the House votes on a constitutional amendment to overturn Court decisions, including Citizens United, that prohibit Congress and the States from limiting the corrupting influence of money in politics, unlimited political spending in elections, and the proliferation of super PACs. Madam Speaker, I ask unanimous consent to insert the text of the amendment in the Record, along with extraneous material, immediately prior to the vote on the previous question. The SPEAKER pro tempore (Ms. Ros-Lehtinen). Is there objection to the request of the gentlewoman from New York? There was no objection. Ms. SLAUGHTER. After our vote on the previous question, we will offer a motion to commit and ask this Chamber to consider the SIMPLE Voting Act. Passing this would ensure that no American would have to wait more than an hour to vote. Nothing is more important than expediting the vote and making sure of that right and that it is attended to. Madam Speaker, I urge my colleagues to vote ``no'' and defeat the previous question. I urge a ``yes'' vote on the motion to commit and a ``no'' vote on the resolution. I yield back the balance of my time. Mr. SESSIONS. Madam Speaker, today, we've had a really good time, where we've had a number of Members who have come down to the floor of the House of Representatives. As I suggested in the beginning, this was done yesterday in the Republican Conference. I'm sure it was done within the Democrat Caucus. We brought those ideas to the floor of the House of Representatives. We've been able to ascertain more about not only what we stand for but perhaps what people are asking for. I also want to thank our staff. Not just the Rules staff that is here on the majority side, but also on the minority side. Obviously, every one of these people has spent a lot of time trying to prepare us as we go into this new Congress, and I really do appreciate the hard work by our staffs, the Speaker's staff, the leader's staff; and I'm very pleased that we've been able to begin this process today. The American people are watching us. They are interested in what we do. They're interested in how open and prepared we are, how we present ourselves, our ideas, and that we talk about the things they talk about around the table, that they talk about at work, and they talk about in educational institutions and, likewise, that they talk about in the field of play that is fair, that is good, and makes this country even stronger. So I'm delighted that we've done that today. I appreciate the gentlewoman from Rochester for her vigorous analysis today of what we need to do looking forward. I'll continue to listen to that. I know the gentlewoman, Ms. Ros-Lehtinen, will be on the Rules Committee, and I look forward to that service that she will be making. And with great enthusiasm we will move forward in this new Congress. Mr. BOEHNER. Madam Speaker, I am inserting the following memorandum of understanding: Memorandum of Understanding Between the Committee on Foreign Affairs and the Committee on Natural Resources January 3, 2013. House Resolution 5 of the 113th Congress amended clause 1(m)(9) of rule X to change the jurisdictional statement of the Committee on Natural Resources from ``Insular possessions of the United States generally (except those affecting the revenue and appropriations)'' to ``Insular areas of the United States generally (except those affecting the revenue and appropriations)''. The Committees on Foreign Affairs and Natural Resources understand that this amendment was intended to ensure that the jurisdiction of the Committee on Natural Resources includes areas also under the jurisdiction of the Committee on Foreign Affairs, namely the Freely Associated States (a group currently comprised of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau). These [[Page 38]] Freely Associated States are sovereign nations, but each also maintains a special relationship with the United States pursuant to its respective Compact of Free Association, and is considered an insular area by certain Federal agencies. The committees understand that the Committee on Foreign Affairs will continue to exercise jurisdiction over insular areas that are sovereign nations and that the jurisdiction of other committees is not affected. Edward R. Royce Chairman, Committee on Foreign Affairs. Doc Hastings, Chairman, Committee on Natural Resources. Mr. SABLAN. Madam Speaker, we have just sworn to uphold the Constitution. We have taken an oath to pursue the ideal of a more perfect Union. We take that oath proudly, believing that the United States of America is the world's great democracy. Yet our pride should never blind us to the imperfections that remain. Because, as this 113th U.S. House of Representatives begins its business, some 5 million Americans are not really represented here. Yes, we have Delegates and a Resident Commissioner. We have offices and staff. We have membership--and votes--in House committees. But we do not have a vote when legislation comes before this body. The 5 million Americans we represent live under laws not fully of their making. That is not the ideal of representational democracy our founders envisioned in the Constitution. My colleagues and I ask today to have our vote in the Committee of the Whole restored. Yet, ultimately, we must all set our eyes beyond that limited goal and decide that every United States citizen--no matter where in America they may live--must be fully represented here in the people's House. Mr. PIERLUISI. Madam Speaker, for the second straight Congress, I oppose the rules package, because it sends a message of exclusion to residents of the territories and the District of Columbia. Under a rule in place for the last three Democratic-controlled Congresses, the delegates were permitted to vote on amendments when the House met in the Committee of the Whole. The rule, which provided for a revote if our votes were decisive, was upheld by the federal courts and did not impede the work of the House. The rule promoted responsible government by requiring the delegates to take public stands on issues. It also sent a message of inclusion to our constituents. Yet, once again, in a move that is as unnecessary as it is unjust, the new rules will deprive us of this privilege. As Resident Commissioner, I represent 3.7 million U.S. citizens, more than any House member and 44 senators. My fellow delegates represent about one million people. Our constituents are part of the American family. They fight--and many have died--in defense of our nation. The rules package demeans their sacrifice. In November, a referendum in Puerto Rico showed a clear majority wants to end the Island's undemocratic status, and that more voters support statehood than any other status option. Today's rules demonstrate why the status quo must--and will--end. I look forward to the day when Puerto Rico will have equal representation in the government that makes its national laws, rather than having to plead for the reinstatement of a limited and largely symbolic vote. Mrs. CHRISTENSEN. Madam Speaker, I rise in opposition to the Rules Package which once again denies the opportunity for Delegates to Congress and the Resident Commissioner to vote on amendments in the Committee of the Whole. We were privileged to have this right first in the 103rd Congress and then again in the 110th and 111th. Madam Speaker, the over 4 million citizens in the U.S. territories are among the most patriotic Americans you will find anywhere in our country. They have served and died for their country in every war and conflict since the First World War including the recent wars in Afghanistan and Iraq. Much like their fellow citizens on the mainland they are a diverse group of individuals. Some were born in the territories under the American flag, some have migrated there and embraced our culture and our values before naturalization, and others were born in the states and have chosen by virtue of their chosen occupation or by love of our islands to make the territories their home. All are Americans in every sense of the word, except for full representation in the House of Representatives and the ability to vote for the President of the United States. We had hoped and expected that our colleagues in the House would recognize the contributions of their fellow American insular residents and afford their representatives the opportunity to participate more fully in the decisions of the ``people's House'', unfortunately however the rules package being voted on has once again proven to us that we still have a long way to go to ensure equality and justice for all. It is ironic and sad, that the United States is the leading voice calling for people around the world to have more, not less say in the governance of their countries, while the rules of the House of Representatives disenfranchise the representatives of American citizens living in U.S. Insular Areas and the District of Columbia. The material previously referred to by Ms. Slaughter is as follows: An Amendment to H. Res. 5 Offered by Ms. Slaughter of New York At the end of the resolution, add the following new sections: Sec. 6. At any time before January 31, 2013, it shall be in order to consider in the House a joint resolution proposing an amendment to the United States Constitution that would overturn the Supreme Court decision in Citizens United and other court cases that prohibit Congress and the states from limiting the corrupting influence of money in politics, unlimited political spending in elections, and the proliferation of Super PACs by secret donors that erode democracy and result in voter apathy, whenever called up by the Minority Leader or her designee. All points of order against the joint resolution and its consideration are waived. The joint resolution shall be debatable for three hours equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary. The previous question shall be considered as ordered on the joint resolution to final passage without intervening motion except one motion to recommit. Sec. 7. Clause 1(c) of rule XIX shall not apply to the consideration of the joint resolution specified in section 6 of this resolution. ____ The Vote on the Previous Question: What It Really Means This vote, the vote on whether to order the previous question on a resolution, is not merely a procedural vote. A vote against ordering the previous question is a vote against the Republican majority agenda and a vote to allow the opposition, at least for the moment, to offer an alternative plan. It is a vote about what the House should be debating. Mr. Clarence Cannon's Precedents of the House of Representatives (VI, 308-311), describes the vote on the previous question as ``a motion to direct or control the consideration of the subject before the House being made by the Member in charge.'' To defeat the previous question is to give the opposition a chance to decide the subject before the House. Cannon cites the Speaker's ruling of January 13, 1920, to the effect that ``the refusal of the House to sustain the demand for the previous question passes the control of the resolution to the opposition'' in order to offer an amendment. On March 15, 1909, a member of the majority party offered a rule resolution. The House defeated the previous question and a member of the opposition rose to a parliamentary inquiry, asking who was entitled to recognition. Speaker Joseph G. Cannon (R-Illinois) said: ``The previous question having been refused, the gentleman from New York, Mr. Fitzgerald, who had asked the gentleman to yield to him for an amendment, is entitled to the first recognition.'' Because the vote today may look bad for the Republican majority they will say ``the vote on the previous question is simply a vote on whether to proceed to an immediate vote on adopting the resolution . . . [and] has no substantive legislative or policy implications whatsoever.'' But that is not what they have always said. Listen to the Republican Leadership Manual on the Legislative Process in the United States House of Representatives, (6th edition, page 135). Here's how the Republicans describe the previous question vote in their own manual: ``Although it is generally not possible to amend the rule because the majority Member controlling the time will not yield for the purpose of offering an amendment, the same result may be achieved by voting down the previous question on the rule. . . . When the motion for the previous question is defeated, control of the time passes to the Member who led the opposition to ordering the previous question. That Member, because he then controls the time, may offer an amendment to the rule, or yield for the purpose of amendment.'' In Deschler's Procedure in the U.S. House of Representatives, the subchapter titled ``Amending Special Rules'' states: ``a refusal to order the previous question on such a rule [a special rule reported from the Committee on Rules] opens the resolution to amendment and further debate.'' (Chapter 21, section 21.2) Section 21.3 continues: ``Upon rejection of the motion for the previous question on a resolution reported from the Committee on Rules, control shifts to the Member leading the opposition to the previous question, who may offer a proper amendment or motion and who controls the time for debate thereon.'' [[Page 39]] Clearly, the vote on the previous question on a resolution does have substantive policy implications. It is one of the only available tools for those who oppose the Republican majority's agenda and allows those with alternative views the opportunity to offer an alternative plan. Mr. SESSIONS. Madam Speaker, I yield back the balance of my time, and I move the previous question on the resolution. The SPEAKER pro tempore. The question is on ordering the previous question. The question was taken; and the Speaker pro tempore announced that the ayes appeared to have it. Ms. SLAUGHTER. Madam Speaker, on that I demand the yeas and nays. The yeas and nays were ordered. The vote was taken by electronic device, and there were--yeas 227, nays 191, not voting 11, as follows: [Roll No. 4] YEAS--227 Aderholt Alexander Amash Amodei Bachus Barletta Barr Barton Benishek Bentivolio Bilirakis Bishop (UT) Black Bonner Boustany Brady (TX) Bridenstine Brooks (AL) Brooks (IN) Broun (GA) Buchanan Bucshon Burgess Calvert Camp Campbell Cantor Capito Carter Cassidy Chabot Chaffetz Coble Coffman Cole Collins (GA) Collins (NY) Conaway Cook Cotton Cramer Crawford Crenshaw Culberson Daines Davis, Rodney Denham Dent DeSantis DesJarlais Diaz-Balart Duffy Duncan (SC) Duncan (TN) Ellmers Emerson Farenthold Fincher Fleischmann Fleming Flores Forbes Fortenberry Foxx Franks (AZ) Frelinghuysen Gardner Garrett Gerlach Gibbs Gibson Gingrey (GA) Gohmert Goodlatte Gosar Gowdy Granger Graves (GA) Graves (MO) Griffin (AR) Griffith (VA) Grimm Guthrie Hall Hanna Harper Harris Hartzler Hastings (WA) Heck (NV) Hensarling Herrera Beutler Holding Hudson Huelskamp Huizenga (MI) Hultgren Hunter Hurt Issa Jenkins Johnson (OH) Johnson, Sam Jordan Joyce Kelly King (IA) King (NY) Kingston Kinzinger (IL) Kline Labrador LaMalfa Lamborn Lance Lankford Latham Latta LoBiondo Long Lucas Luetkemeyer Lummis Marchant Marino Massie McCarthy (CA) McCaul McClintock McHenry McKeon McKinley McMorris Rodgers Meadows Meehan Messer Mica Miller (FL) Miller (MI) Miller, Gary Mullin Murphy (PA) Neugebauer Noem Nugent Nunes Nunnelee Olson Palazzo Paulsen Pearce Perry Petri Pittenger Pitts Poe (TX) Pompeo Posey Price (GA) Radel Reed Reichert Renacci Ribble Rice (SC) Rigell Roby Roe (TN) Rogers (AL) Rogers (KY) Rogers (MI) Rohrabacher Rokita Rooney Ros-Lehtinen Roskam Ross Rothfus Royce Runyan Ryan (WI) Salmon Scalise Schock Schweikert Scott, Austin Sensenbrenner Sessions Shimkus Shuster Simpson Smith (NE) Smith (NJ) Smith (TX) Southerland Stewart Stivers Stockman Stutzman Terry Thompson (PA) Thornberry Tiberi Tipton Turner Upton Valadao Wagner Walberg Walden Walorski Weber (TX) Webster (FL) Wenstrup Westmoreland Whitfield Williams Wilson (SC) Wittman Wolf Womack Woodall Yoder Yoho Young (AK) Young (FL) Young (IN) NAYS--191 Andrews Barber Barrow Bass Beatty Becerra Bera Bishop (GA) Bishop (NY) Bonamici Brady (PA) Braley (IA) Brown (FL) Brownley (CA) Bustos Butterfield Capps Capuano Cardenas Carney Carson (IN) Castor (FL) Castro (TX) Chu Cicilline Clay Cleaver Clyburn Cohen Connolly Conyers Cooper Costa Courtney Crowley Cuellar Cummings Davis (CA) Davis, Danny DeFazio DeGette Delaney DeLauro DelBene Deutch Dingell Doyle Duckworth Edwards Ellison Engel Enyart Eshoo Esty Farr Fattah Foster Frankel (FL) Fudge Gabbard Gallego Garamendi Garcia Grayson Green, Al Green, Gene Grijalva Gutierrez Hahn Hanabusa Hastings (FL) Heck (WA) Higgins Himes Hinojosa Holt Honda Horsford Hoyer Huffman Israel Jackson Lee Jeffries Johnson (GA) Johnson, E. B. Jones Kaptur Keating Kennedy Kildee Kilmer Kind Kirkpatrick Kuster Langevin Larsen (WA) Lee (CA) Levin Lipinski Loebsack Lofgren Lowenthal Lowey Lujan Grisham (NM) Lujan, Ben Ray (NM) Lynch Maffei Maloney, Carolyn Maloney, Sean Markey Matheson Matsui McCarthy (NY) McCollum McDermott McGovern McNerney Meeks Meng Michaud Miller, George Moore Moran Murphy (FL) Nadler Napolitano Neal Negrete McLeod Nolan O'Rourke Owens Pallone Pascrell Pastor (AZ) Payne Pelosi Perlmutter Peters (MI) Peterson Pingree (ME) Pocan Polis Price (NC) Quigley Rahall Rangel Richmond Ruiz Ruppersberger Rush Ryan (OH) Sanchez, Linda T. Sanchez, Loretta Sarbanes Schakowsky Schiff Schneider Schrader Schwartz Scott (VA) Scott, David Serrano Sewell (AL) Shea-Porter Sherman Sinema Sires Slaughter Smith (WA) Speier Swalwell (CA) Takano Thompson (CA) Thompson (MS) Tierney Titus Tonko Tsongas Van Hollen Vargas Vela Velazquez Visclosky Walz Wasserman Schultz Waters Watt Waxman Welch Wilson (FL) Yarmuth NOT VOTING--11 Bachmann Blackburn Cartwright Clarke Doggett Fitzpatrick Larson (CT) McIntyre Mulvaney Peters (CA) Veasey {time} 1621 Messrs. HOLT, JONES, WAXMAN, and Ms. TITUS changed their vote from ``yea'' to ``nay.'' So the previous question was ordered. The result of the vote was announced as above recorded. Stated for: Mr. FITZPATRICK. Madam Speaker, on rollcall No. 4, I was unavoidably detained. Had I been present, I would have voted ``yea.'' Stated against: Mr. LARSON of Connecticut. Madam Speaker, on January 3, 2013--I was not present for rollcall vote 4. If I had been present for this vote, I would have voted: ``Nay'' on rollcall vote 4. Motion to Commit Mr. GEORGE MILLER of California. Madam Speaker, I have a motion to commit at the desk. The SPEAKER pro tempore (Mrs. Emerson). The Clerk will report the motion. The Clerk read as follows: Mr. George Miller of California moves that the resolution (H. Res. 5) be committed to a select committee composed of the Majority Leader and the Minority Leader with instructions to report it forthwith back to the House with the following amendment: At the end of the resolution, add the following new sections: SEC. 6. TO SHORTEN VOTING LINES AND PROTECT EARLY VOTING OPPORTUNITIES. Not later than January 31, 2013, the Speaker shall, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of a bill consisting of the text specified in section 8 of this resolution, to amend the Help America Vote Act of 2002 to promote early voting in elections for Federal office and to prevent unreasonable waiting times for voters at polling places used in such elections, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on House Administration. After general debate the bill shall be considered for amendment under the five-minute rule. All points of order against provisions in the bill are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. If the Committee of the Whole rises and reports that it has come to no resolution on the bill, then on the next legislative day the House shall, immediately after the third daily order of business under clause 1 of rule XIV, resolve into the Committee of the Whole for further consideration of the bill. Sec. 7. Clause 1(c) of rule XIX shall not apply to the consideration of the bill specified in section 8 of this resolution. Sec. 8. The text referred to in section 6 is as follows: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Streamlined and Improved Methods at Polling Locations and Early (SIMPLE) Voting Act of 2013''. [[Page 40]] SEC. 2. MINIMUM REQUIREMENTS FOR EARLY VOTING AND FOR REDUCING WAITING TIMES FOR VOTERS IN FEDERAL ELECTIONS. (a) Requirements for States.-- (1) In general.--Subtitle A of title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended-- (A) by redesignating sections 304 and 305 as sections 306 and 307; and (B) by inserting after section 303 the following new sections: ``SEC. 304. EARLY VOTING. ``(a) In General.--Each State shall allow individuals to vote in an election for Federal office on each day occurring during the 15-day period which ends on the second day immediately preceding the date of the election, in the same manner as voting is allowed on such date. ``(b) Minimum Early Voting Requirements.--Each polling place which allows voting prior to the date of a Federal election pursuant to subsection (a) shall-- ``(1) allow such voting for not less than 10 hours on each day; and ``(2) have uniform hours each day for which such voting occurs. ``(c) Location of Polling Places Near Public Transportation.--To the greatest extent practicable, a State shall ensure that each polling place which allows voting prior to the date of a Federal election pursuant to subsection (a) is located within reasonable walking distance of a stop on a public transportation route. ``(d) Standards.-- ``(1) In general.--The Commission shall issue standards for the administration of voting prior to the date scheduled for a Federal election. Such standards shall include the nondiscriminatory geographic placement of polling places at which such voting occurs. ``(2) Deviation.--The standards described in paragraph (1) shall permit States, upon providing adequate public notice, to deviate from any requirement in the case of unforeseen circumstances such as a natural disaster, terrorist attack, or a change in voter turnout. ``(e) Effective Date.--This section shall apply with respect to elections held on or after January 1, 2014. ``SEC. 305. PREVENTING UNREASONABLE WAITING TIMES FOR VOTERS. ``(a) Preventing Unreasonable Waiting Times.-- ``(1) In general.--Each State shall provide a sufficient number of voting systems, poll workers, and other election resources (including physical resources) at a polling place used in any election for Federal office, including a polling place at which individuals may cast ballots prior to the date of the election, to ensure-- ``(A) a fair and equitable waiting time for all voters in the State; and ``(B) that no individual will be required to wait longer than one hour to cast a ballot at the polling place. ``(2) Criteria.--In determining the number of voting systems, poll workers, and other election resources provided at a polling place for purposes of paragraph (1), the State shall take into account the following factors: ``(A) The voting age population. ``(B) Voter turnout in past elections. ``(C) The number of voters registered. ``(D) The number of voters who have registered since the most recent Federal election. ``(E) Census data for the population served by the polling place, such as the proportion of the voting-age population who are under 25 years of age or who are naturalized citizens. ``(F) The needs and numbers of voters with disabilities and voters with limited English proficiency. ``(G) The type of voting systems used. ``(H) The length and complexity of initiatives, referenda, and other questions on the ballot. ``(I) Such other factors, including relevant demographic factors relating to the population served by the polling place, as the State considers appropriate. ``(3) Guidelines.--Not later than 180 days after the date of the enactment of this section, the Commission shall establish and publish guidelines to assist States in meeting the requirements of this subsection. ``(4) Rule of construction.--Nothing in this subsection may be construed to authorize a State to meet the requirements of this subsection by closing any polling place, prohibiting an individual from entering a line at a polling place, or refusing to permit an individual who has arrived at a polling place prior to closing time from voting at the polling place. ``(b) Development and Implementation of Contingency Plans.-- ``(1) In general.--Each State shall develop, and implement to the greatest extent practicable, a contingency plan under which the State shall provide additional poll workers, machines, ballots, and other equipment and supplies (as the case may be) on the date of the election to any polling place used in an election for Federal office, including a polling place at which individuals may cast ballots prior to the date of the election, at which waiting times exceed one hour. ``(2) Approval of plan by commission.--The State shall ensure that the contingency plan developed under paragraph (1) is approved by the Commission prior to the date of the election involved, in accordance with such procedures as the Commission may establish. ``(c) Effective Date.--This section shall apply with respect to elections held on or after January 1, 2014.''. (2) Clerical amendment.--The table of contents of such Act is amended-- (A) by redesignating the items relating to sections 304 and 305 as relating to sections 306 and 307; and (B) by inserting after the item relating to section 303 the following new items: ``Sec. 304. Early voting. ``Sec. 305. Preventing unreasonable waiting times for voters.''. (b) Report by Election Assistance Commission.--Not later than June 30 of each odd-numbered year, the Election Assistance Commission shall submit to Congress a report assessing the impact of sections 304 and 305 of the Help America Vote Act of 2002 (as added by subsection (a)) on the administration of elections for Federal office during the preceding 2-year period, and shall include in the report such recommendations as the Commission considers appropriate. (c) No Effect on Authority of State to Provide for Longer Periods of Early Voting or Greater Amount of Resources at Polling Places.--Nothing in this section or in any amendment made by this section may be construed to prohibit a State, with respect to any election for Federal office-- (1) from providing (in an equitable and nondiscriminatory manner) a longer period for early voting than the minimum period required under section 304 of the Help America Vote Act of 2002 (as added by subsection (a)); or (2) from providing (in an equitable and nondiscriminatory manner) a greater number of systems, poll workers, and other election resources at any polling place than the minimum number required under section 305 of such Act (as added by subsection (a)). SEC. 3. REQUIREMENTS FOR COUNTING PROVISIONAL BALLOTS; ESTABLISHMENT OF UNIFORM AND NONDISCRIMINATORY STANDARDS. (a) In General.--Section 302 of the Help America Vote Act of 2002 (42 U.S.C. 15482) is amended-- (1) by redesignating subsection (d) as subsection (f); and (2) by inserting after subsection (c) the following new subsections: ``(d) Statewide Counting of Provisional Ballots.-- ``(1) In general.--For purposes of subsection (a)(4), notwithstanding the precinct or polling place at which a provisional ballot is cast within the State, the appropriate election official shall count each vote on such ballot for each election in which the individual who cast such ballot is eligible to vote. ``(2) Effective date.--This subsection shall apply with respect to elections held on or after January 1, 2014. ``(e) Uniform and Nondiscriminatory Standards.-- ``(1) In general.--Consistent with the requirements of this section, each State shall establish uniform and nondiscriminatory standards for the issuance, handling, and counting of provisional ballots. ``(2) Effective date.--This subsection shall apply with respect to elections held on or after January 1, 2014.''. (b) Conforming Amendment.--Section 302(f) of such Act (42 U.S.C. 15482(f)), as redesignated by subsection (a), is amended by striking ``Each State'' and inserting ``Except as provided in subsections (d)(2) and (e)(2), each State''. SEC. 4. AVAILABILITY OF CIVIL PENALTIES AND PRIVATE RIGHTS OF ACTION TO ENFORCE HELP AMERICA VOTE ACT OF 2002. (a) Availability of Civil Penalties and Private Rights of Action.--Section 401 of the Help America Vote Act of 2002 (42 U.S.C. 15511) is amended to read as follows: ``SEC. 401. ENFORCEMENT. ``(a) Action by Attorney General.-- ``(1) In general.--The Attorney General may bring a civil action against any State or jurisdiction in an appropriate United States District Court for such declaratory and injunctive relief (including a temporary restraining order, a permanent or temporary injunction, or other order) as may be necessary to carry out the requirements of subtitle A of title III. ``(2) Assessment of civil money penalty.--In a civil action brought under paragraph (1), if the court finds that the State or jurisdiction violated any provision of subtitle A of title III, it may, to vindicate the public interest, assess a civil penalty against the State or jurisdiction-- ``(A) in an amount not to exceed $110,000 for each such violation, in the case of a first violation; or ``(B) in an amount not to exceed $220,000 for each such violation, for any subsequent violation. ``(3) Intervention.--Upon timely application, a person aggrieved by a violation of subtitle A of title III with respect to which a civil action is commenced under paragraph (1) may intervene in such action, and may obtain such appropriate relief as the person [[Page 41]] could obtain in a civil action under subsection (b) with respect to that violation, along with costs and a reasonable attorney fee. ``(4) Report to congress.--Not later than December 31 of each year, the Attorney General shall submit to Congress an annual report on any civil action brought under paragraph (1) during the preceding year. ``(b) Private Right of Action.-- ``(1) Availability.--A person who is aggrieved by a State's or jurisdiction's violation of subtitle A of title III may bring a civil action in an appropriate United States District Court for such declaratory or injunctive relief as may be necessary to carry out the requirements of such subtitle. ``(2) Costs and attorney fees.--The court may award to a person aggrieved by a violation of subtitle A of title III who prevails in an action brought under paragraph (1) the costs of the action, including a reasonable attorney fee.''. (b) Clerical Amendment.--The table of contents of such Act is amended by amending the item relating to section 401 to read as follows: ``Sec. 401. Enforcement.''. (c) Effective Date.--The amendments made by this section shall apply with respect to violations alleged to have occurred on or after the date of the enactment of this Act. Mr. GEORGE MILLER of California (during the reading). Madam Speaker, I ask unanimous consent to dispense with the reading of the motion. The SPEAKER pro tempore. Is there objection to the request of the gentleman from California? There was no objection. The SPEAKER pro tempore. Without objection, the previous question is ordered on the motion to commit. There was no objection. The SPEAKER pro tempore. The question is on the motion to commit. The question was taken; and the Speaker pro tempore announced that the noes appeared to have it. Recorded Vote Mr. GEORGE MILLER of California. Madam Speaker, I demand a recorded vote. A recorded vote was ordered. The vote was taken by electronic device, and there were--yeas 194, nays 229, not voting 6, as follows: [Roll No. 5] YEAS--194 Andrews Barber Barrow Bass Beatty Becerra Bera Bishop (GA) Bishop (NY) Bonamici Brady (PA) Braley (IA) Brown (FL) Brownley (CA) Bustos Butterfield Capps Capuano Cardenas Carney Carson (IN) Cartwright Castor (FL) Castro (TX) Chu Cicilline Clarke Clay Cleaver Clyburn Cohen Connolly Conyers Cooper Costa Courtney Crowley Cuellar Cummings Davis (CA) Davis, Danny DeFazio DeGette Delaney DeLauro DelBene Deutch Dingell Doggett Doyle Duckworth Edwards Ellison Engel Enyart Esty Farr Fattah Foster Frankel (FL) Fudge Gabbard Gallego Garamendi Garcia Grayson Green, Al Green, Gene Grijalva Gutierrez Hahn Hanabusa Hastings (FL) Heck (WA) Higgins Himes Hinojosa Holt Honda Horsford Hoyer Huffman Israel Jackson Lee Jeffries Johnson (GA) Johnson, E. B. Jones Kaptur Keating Kennedy Kildee Kilmer Kind Kirkpatrick Kuster Langevin Larsen (WA) Larson (CT) Lee (CA) Levin Lipinski Loebsack Lofgren Lowenthal Lowey Lujan Grisham (NM) Lujan, Ben Ray (NM) Lynch Maffei Maloney, Carolyn Maloney, Sean Markey Matheson Matsui McCarthy (NY) McCollum McDermott McGovern McNerney Meeks Meng Michaud Miller, George Moore Moran Murphy (FL) Nadler Napolitano Neal Negrete McLeod Nolan O'Rourke Owens Pallone Pascrell Pastor (AZ) Payne Pelosi Perlmutter Peters (CA) Peters (MI) Peterson Pingree (ME) Pocan Polis Price (NC) Quigley Rahall Rangel Richmond Ruiz Ruppersberger Rush Ryan (OH) Sanchez, Linda T. Sanchez, Loretta Sarbanes Schakowsky Schiff Schneider Schrader Schwartz Scott (VA) Scott, David Serrano Sewell (AL) Shea-Porter Sherman Sinema Sires Slaughter Smith (WA) Swalwell (CA) Thompson (CA) Thompson (MS) Tierney Titus Tonko Tsongas Van Hollen Vargas Veasey Vela Velazquez Visclosky Walz Wasserman Schultz Waters Watt Waxman Welch Wilson (FL) Yarmuth NAYS--229 Aderholt Alexander Amash Amodei Bachmann Bachus Barletta Barr Barton Benishek Bentivolio Bilirakis Bishop (UT) Black Blackburn Bonner Boustany Brady (TX) Bridenstine Brooks (AL) Brooks (IN) Broun (GA) Buchanan Bucshon Burgess Calvert Camp Campbell Cantor Capito Carter Cassidy Chabot Chaffetz Coble Coffman Cole Collins (GA) Collins (NY) Conaway Cook Cotton Cramer Crawford Crenshaw Culberson Daines Davis, Rodney Denham Dent DeSantis DesJarlais Diaz-Balart Duffy [[Page 42]] Duncan (SC) Duncan (TN) Ellmers Emerson Farenthold Fincher Fitzpatrick Fleischmann Fleming Flores Forbes Fortenberry Foxx Franks (AZ) Frelinghuysen Gardner Garrett Gerlach Gibbs Gibson Gingrey (GA) Gohmert Goodlatte Gosar Gowdy Granger Graves (GA) Graves (MO) Griffin (AR) Griffith (VA) Grimm Guthrie Hall Hanna Harper Harris Hartzler Hastings (WA) Heck (NV) Hensarling Herrera Beutler Holding Hudson Huelskamp Huizenga (MI) Hultgren Hunter Hurt Issa Jenkins Johnson (OH) Johnson, Sam Jordan Joyce Kelly King (IA) King (NY) Kingston Kinzinger (IL) Kline Labrador LaMalfa Lamborn Lance Lankford Latham Latta LoBiondo Long Lucas Luetkemeyer Lummis Marchant Marino Massie McCarthy (CA) McCaul McClintock McHenry McKeon McKinley McMorris Rodgers Meadows Meehan Messer Mica Miller (FL) Miller (MI) Miller, Gary Mullin Murphy (PA) Neugebauer Noem Nugent Nunes Nunnelee Olson Palazzo Paulsen Pearce Perry Petri Pitts Poe (TX) Pompeo Posey Price (GA) Radel Reed Reichert Renacci Ribble Rice (SC) Rigell Roby Roe (TN) Rogers (AL) Rogers (KY) Rogers (MI) Rohrabacher Rokita Rooney Ros-Lehtinen Roskam Ross Rothfus Royce Runyan Ryan (WI) Salmon Scalise Schock Schweikert Scott, Austin Sensenbrenner Sessions Shimkus Shuster Simpson Smith (NE) Smith (NJ) Smith (TX) Southerland Stewart Stivers Stockman Stutzman Terry Thompson (PA) Thornberry Tiberi Tipton Turner Upton Valadao Wagner Walberg Walden Walorski Weber (TX) Webster (FL) Wenstrup Westmoreland Whitfield Williams Wilson (SC) Wittman Wolf Womack Woodall Yoder Yoho Young (AK) Young (FL) Young (IN) NOT VOTING--6 Eshoo McIntyre Mulvaney Pittenger Speier Takano {time} 1639 Messrs. McHENRY and JOYCE changed their vote from ``yea'' to ``nay.'' Mrs. NEGRETE McLEOD changed her vote from ``nay'' to ``yea.'' So the motion to commit was rejected. The result of the vote was announced as above recorded. Stated for: Mr. TAKANO. Mr. Speaker, during rollcall vote No. 5, on the Motion to commit, I was unavoidably detained. Had I been present, I would have voted ``yea.'' Stated against: Mr. PITTENGER. Mr. Speaker, on rollcall No. 5, I was unavoidably detained. Had I been present, I would have voted ``nay.'' The SPEAKER pro tempore (Mr. Latham). The question is on the resolution. The question was taken; and the Speaker pro tempore announced that the ayes appeared to have it. Ms. SLAUGHTER. Mr. Speaker, on that I demand the yeas and nays. The yeas and nays were ordered. The vote was taken by electronic device, and there were--yeas 228, nays 196, not voting 5, as follows: [Roll No. 6] YEAS--228 Aderholt Alexander Amash Amodei Bachmann Bachus Barletta Barr Barton Benishek Bentivolio Bilirakis Bishop (UT) Black Blackburn Bonner Boustany Brady (TX) Bridenstine Brooks (AL) Brooks (IN) Broun (GA) Buchanan Bucshon Burgess Calvert Camp Campbell Cantor Capito Carter Cassidy Chabot Chaffetz Coble Coffman Cole Collins (GA) Collins (NY) Conaway Cook Cotton Cramer Crawford Crenshaw Culberson Daines Davis, Rodney Denham Dent DeSantis DesJarlais Diaz-Balart Duffy Duncan (SC) Duncan (TN) Ellmers Emerson Farenthold Fincher Fitzpatrick Fleischmann Fleming Flores Forbes Fortenberry Foxx Franks (AZ) Frelinghuysen Gardner Garrett Gerlach Gibbs Gibson Gingrey (GA) Gohmert Goodlatte Gosar Gowdy Granger Graves (GA) Graves (MO) Griffin (AR) Griffith (VA) Grimm Guthrie Hall Hanna Harper Harris Hartzler Hastings (WA) Heck (NV) Hensarling Herrera Beutler Holding Hudson Huelskamp Huizenga (MI) Hultgren Hunter Hurt Issa Jenkins Johnson (OH) Johnson, Sam Jordan Joyce Kelly King (IA) King (NY) Kingston Kinzinger (IL) Kline Labrador LaMalfa Lamborn Lance Lankford Latham Latta LoBiondo Long Lucas Luetkemeyer Lummis Marchant Marino Massie McCarthy (CA) McCaul McClintock McHenry McKeon McKinley McMorris Rodgers Meadows Meehan Messer Mica Miller (FL) Miller (MI) Miller, Gary Mullin Murphy (PA) Neugebauer Noem Nugent Nunes Nunnelee Olson Palazzo Paulsen Pearce Perry Petri Pittenger Pitts Poe (TX) Pompeo Posey Price (GA) Radel Reed Reichert Renacci Rice (SC) Rigell Roby Roe (TN) Rogers (AL) Rogers (KY) Rogers (MI) Rohrabacher Rokita Rooney Ros-Lehtinen Roskam Ross Rothfus Royce Runyan Ryan (WI) Salmon Scalise Schock Schweikert Scott, Austin Sensenbrenner Sessions Shimkus Shuster Simpson Smith (NE) Smith (NJ) Smith (TX) Southerland Stewart Stivers Stockman Stutzman Terry Thompson (PA) Thornberry Tiberi Tipton Turner Upton Valadao Wagner Walberg Walden Walorski Weber (TX) Webster (FL) Wenstrup Westmoreland Whitfield Williams Wilson (SC) Wittman Wolf Womack Woodall Yoder Young (AK) Young (FL) Young (IN) NAYS--196 Andrews Barber Barrow Bass Beatty Becerra Bera Bishop (GA) Bishop (NY) Bonamici Brady (PA) Braley (IA) Brown (FL) Brownley (CA) Bustos Butterfield Capps Capuano Cardenas Carney Carson (IN) Cartwright Castor (FL) Castro (TX) Chu Cicilline Clarke Clay Cleaver Clyburn Cohen Connolly Conyers Cooper Costa Courtney Crowley Cuellar Cummings Davis (CA) Davis, Danny DeFazio DeGette Delaney DeLauro DelBene Deutch Dingell Doggett Doyle Duckworth Edwards Ellison Engel Enyart Eshoo Esty Farr Fattah Foster Frankel (FL) Fudge Gabbard Gallego Garamendi Garcia Grayson Green, Al Green, Gene Grijalva Gutierrez Hahn Hanabusa Hastings (FL) Heck (WA) Higgins Himes Hinojosa Holt Honda Horsford Hoyer Huffman Israel Jackson Lee Jeffries Johnson (GA) Johnson, E. B. Jones Kaptur Keating Kennedy Kildee Kilmer Kind Kirkpatrick Kuster Langevin Larsen (WA) Larson (CT) Lee (CA) Levin Lipinski Loebsack Lofgren Lowenthal Lowey Lujan Grisham (NM) Lujan, Ben Ray (NM) Lynch Maffei Maloney, Carolyn Maloney, Sean Markey Matheson Matsui McCarthy (NY) McCollum McDermott McGovern McNerney Meeks Meng Michaud Miller, George Moore Moran Murphy (FL) Nadler Napolitano Neal Negrete McLeod Nolan O'Rourke Owens Pallone Pascrell Pastor (AZ) Payne Pelosi Perlmutter Peters (CA) Peters (MI) Peterson Pingree (ME) Pocan Polis Price (NC) Quigley Rahall Rangel Richmond Ruiz Ruppersberger Rush Ryan (OH) Sanchez, Linda T. Sanchez, Loretta Sarbanes Schakowsky Schiff Schneider Schrader Schwartz Scott (VA) Scott, David Serrano Sewell (AL) Shea-Porter Sherman Sires Slaughter Smith (WA) Speier Swalwell (CA) Takano Thompson (CA) Thompson (MS) Tierney Titus Tonko Tsongas Van Hollen Vargas Veasey Vela Velazquez Visclosky Walz Wasserman Schultz Waters Watt Waxman Welch Wilson (FL) Yarmuth NOT VOTING--5 McIntyre Mulvaney Ribble Sinema Yoho {time} 1656 So the resolution was agreed to. The result of the vote was announced as above recorded. The SPEAKER pro tempore. Without objection, the word ``General'' in section 3(j)(1) is changed to ``Government.'' There was no objection. A motion to reconsider was laid on the table. Stated against: Ms. SINEMA. Mr. Speaker, during rollcall No. 6 on H. Res. 5, I was unavoidably detained. Had I been present, I would have voted ``nay.'' General Leave Mr. SESSIONS. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on House Resolution 5. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Texas? There was no objection. ____________________ MESSAGE FROM THE SENATE A message from the Senate by Ms. Curtis, one of its clerks, announced that the Senate has agreed to the following resolution: S. Res. 2 Resolved, That the Secretary inform the House of Representatives that a quorum of the Senate is assembled and that the Senate is ready to proceed to business. The message also announced that the Senate has agreed to concurrent resolutions of the following titles in which the concurrence of the House is requested: S. Con. Res. 1. Concurrent resolution to provide for the counting on January 4, 2013, of the electoral votes for President and Vice President of the United States. S. Con. Res. 2. Concurrent resolution extending the life of the Joint Congressional Committee on Inaugural Ceremonies. S. Con. Res. 3. Concurrent resolution providing for a conditional adjournment or recess of the Senate and an adjournment of the House of Representatives. ____________________ APPOINTMENT AS MEMBERS OF COMMITTEE TO NOTIFY THE PRESIDENT, PURSUANT TO HOUSE RESOLUTION 3 The SPEAKER pro tempore. Without objection, pursuant to House Resolution 3, the Chair announces the Speaker's appointment of the following Members to the committee on the part of the House to join a committee on the part of the Senate to notify the President of the United States that a quorum of each House has assembled and that Congress is ready to receive any communication that he may be pleased to make: The gentleman from Virginia (Mr. Cantor) and the gentlewoman from California (Ms. Pelosi). There was no objection. ____________________ ELECTING MEMBERS TO CERTAIN STANDING COMMITTEES OF THE HOUSE OF REPRESENTATIVES Mrs. McMORRIS RODGERS. Mr. Speaker, by direction of the Republican Conference, I offer a privileged resolution and ask for its immediate consideration. The Clerk read the resolution, as follows: H. Res. 6 Resolved, That the following named Members be, and are hereby, elected to the following standing committees of the House of Representatives: Committee on Agriculture: Mr. Lucas, Chairman. Committee on Appropriations: Mr. Rogers of Kentucky, Chairman. Committee on Armed Services: Mr. McKeon, Chairman. Committee on the Budget: Mr. Ryan of Wisconsin, Chairman. Committee on Education and the Workforce: Mr. Kline, Chairman. Committee on Energy and Commerce: Mr. Upton, Chairman. Committee on Ethics: Mr. Conaway, Chairman; Mr. Dent; Mr. Meehan; Mr. Gowdy; and Mrs. Brooks of Indiana. Committee on Financial Services: Mr. Hensarling, Chairman. Committee on Foreign Affairs: Mr. Royce, Chairman. Committee on Homeland Security: Mr. McCaul, Chairman. Committee on House Administration: Mrs. Miller of Michigan, Chairman; Mr. Harper; Mr. Gingrey of Georgia; Mr. Schock; Mr. Rokita; and Mr. Nugent. Committee on the Judiciary: Mr. Goodlatte, Chairman. Committee on Natural Resources: Mr. Hastings of Washington, Chairman. Committee on Oversight and Government Reform: Mr. Issa, Chairman. [[Page 43]] Committee on Rules: Mr. Sessions, Chairman; Ms. Foxx; Mr. Bishop of Utah; Mr. Cole; Mr. Woodall; Mr. Nugent; Mr. Webster of Florida; Ms. Ros-Lehtinen; and Mr. Burgess. Committee on Science, Space, and Technology: Mr. Smith of Texas, Chairman. Committee on Small Business: Mr. Graves of Missouri, Chairman. Committee on Transportation and Infrastructure: Mr. Shuster, Chairman. Committee on Veterans' Affairs: Mr. Miller of Florida, Chairman. Committee on Ways and Means: Mr. Camp of Michigan, Chairman. Mrs. McMORRIS RODGERS (during the reading). Mr. Speaker, I ask unanimous consent that the resolution be considered as read and printed in the Record. The SPEAKER pro tempore. Is there objection to the request of the gentlewoman from Washington? There was no objection. The resolution was agreed to. A motion to reconsider was laid on the table. ____________________ ELECTING MEMBERS TO CERTAIN STANDING COMMITTEES OF THE HOUSE OF REPRESENTATIVES Mr. BECERRA. Mr. Speaker, by direction of the Democratic Caucus, I offer a privileged resolution and ask for its immediate consideration. The Clerk read the resolution, as follows: H. Res. 7 Resolved, That the following named Members be and are hereby elected to the following standing committees of the House of Representatives: (1) Committee on agriculture.--Mr. Peterson, Mr. McIntyre, Mr. David Scott of Georgia, Mr. Costa, Mr. Walz, Mr. Schrader, Mr. Owens, Ms. Fudge, Mr. McGovern, Mrs. Negrete McLeod, Mr. Vela, Ms. Michelle Lujan Grisham of New Mexico, and Ms. Kuster. (2) Committee on appropriations.--Mrs. Lowey, Ms. Kaptur, Mr. Visclosky, Mr. Serrano, Ms. DeLauro, Mr. Moran, Mr. Pastor of Arizona, Mr. Price of North Carolina, Ms. Roybal- Allard, Mr. Farr, Mr. Fattah, Mr. Bishop of Georgia, Ms. Lee of California, Mr. Schiff, Mr. Honda, Ms. McCollum, Mr. Israel, Mr. Ryan of Ohio, Mr. Ruppersberger, Ms. Wasserman Schultz, Mr. Cuellar, and Ms. Pingree of Maine. (3) Committee on armed services.--Mr. Smith of Washington, Ms. Loretta Sanchez of California, Mr. McIntyre, Mr. Brady of Pennsylvania, Mr. Andrews, Mrs. Davis of California, Mr. Langevin, Mr. Larsen of Washington, Mr. Cooper, Ms. Bordallo, Mr. Courtney, Mr. Loebsack, Ms. Tsongas, Mr. Owens, Mr. Garamendi, Mr. Johnson of Georgia, Ms. Hanabusa, Ms. Speier, Mr. Barber, Ms. Shea-Porter, Mr. Maffei, Mr. Kilmer, Mr. Castro of Texas, Ms. Duckworth, Mr. Peters of California, Mr. Enyart, Mr. Gallego, and Mr. Veasey. (4) Committee on the budget.--Mr. Van Hollen, Ms. Schwartz, Mr. Yarmuth, Mr. Pascrell, Mr. Ryan of Ohio, Ms. Wasserman Schultz, Ms. Moore, Ms. Castor of Florida, Ms. Lee of California, Mr. Cicilline, and Mr. Heck of Washington. (5) Committee on education and the workforce.--Mr. George Miller of California, Mr. Andrews, Mr. Scott of Virginia, Mr. Hinojosa, Mrs. McCarthy of New York, Mr. Tierney, Mr. Holt, Mrs. Davis of California, Mr. Grijalva, Mr. Bishop of New York, Mr. Loebsack, Mr. Courtney, Ms. Fudge, Mr. Polis, Mr. Sablan, Mr. Yarmuth, Ms. Wilson of Florida, and Ms. Bonamici. (6) Committee on energy and commerce.--Mr. Waxman, Mr. Dingell, Mr. Markey, Mr. Pallone, Mr. Rush, Ms. Eshoo, Mr. Engel, Mr. Gene Green of Texas, Ms. DeGette, Mrs. Capps, Mr. Doyle, Ms. Schakowsky, Mr. Matheson, Mr. Butterfield, Mr. Barrow, Ms. Matsui, Mrs. Christensen, Ms. Castor of Florida, Mr. Sarbanes, Mr. McNerney, Mr. Braley of Iowa, Mr. Welch, Mr. Ben Ray Lujan of New Mexico, and Mr. Tonko. (7) Committee on ethics.--Ms. Linda T. Sanchez of California. (8) Committee on financial services.--Ms. Waters, Mrs. Carolyn B. Maloney of New York, Mr. Gutierrez, Ms. Velazquez, Mr. Watt, Mr. Sherman, Mr. Meeks, Mr. Capuano, Mr. Hinojosa, Mr. Clay, Mrs. McCarthy of New York, Mr. Lynch, Mr. David Scott of Georgia, Mr. Al Green of Texas, Mr. Cleaver, Ms. Moore, Mr. Ellison, Mr. Perlmutter, Mr. Himes, Mr. Peters of Michigan, Mr. Carney, Ms. Sewell of Alabama, Mr. Foster, Mr. Kildee, Mr. Murphy of Florida, Mr. Delaney, Ms. Sinema, and Mrs. Beatty. (9) Committee on foreign affairs.--Mr. Engel, Mr. Faleomavaega, Mr. Sherman, Mr. Meeks, Mr. Sires, Mr. Connolly, Mr. Deutch, Mr. Higgins, Ms. Bass, Mr. Keating, Mr. Cicilline, Mr. Grayson, Mr. Vargas, Mr. Schneider, Mr. Kennedy, Mr. Bera, and Mr. Lowenthal. (10) Committee on homeland security.--Mr. Thompson of Mississippi, Ms. Loretta Sanchez of California, Ms. Jackson Lee of Texas, Ms. Clarke, Mr. Higgins, Mr. Richmond, Mr. Keating, Ms. Hahn, Mr. Barber, Mr. Payne, Mr. O'Rourke, and Ms. Gabbard. (11) Committee on house administration.--Mr. Brady of Pennsylvania. (12) Committee on the judiciary.--Mr. Conyers, Mr. Nadler, Mr. Scott of Virginia, Mr. Watt, Ms. Lofgren, Ms. Jackson Lee of Texas, Mr. Cohen, Mr. Johnson of Georgia, Mr. Pierluisi, Mr. Quigley, Ms. Chu, Mr. Deutch, Ms. Bass, Mr. Richmond, Ms. DelBene, Mr. Garcia, and Mr. Jeffries. (13) Committee on natural resources.--Mr. Markey, Mr. DeFazio, Mr. Faleomavaega, Mr. Pallone, Mrs. Napolitano, Mr. Holt, Mr. Grijalva, Ms. Bordallo, Mr. Costa, Mr. Sablan, Ms. Tsongas, Mr. Pierluisi, Ms. Hanabusa, Mr. Cardenas, Mr. Horsford, Mr. Huffman, and Mr. Ruiz. (14) Committee on oversight and government reform.--Mr. Cummings, Mrs. Carolyn B. Maloney of New York, Ms. Norton, Mr. Tierney, Mr. Clay, Mr. Lynch, Mr. Cooper, Mr. Connolly, Mr. Quigley, Ms. Speier, Mr. Cartwright, and Mr. Pocan. (15) Committee on rules.--Ms. Slaughter, Mr. McGovern, Mr. Hastings of Florida, and Mr. Polis. (16) Committee on science, space, and technology.--Ms. Eddie Bernice Johnson of Texas, Ms. Lofgren, Mr. Lipinski, Ms. Edwards, Ms. Wilson of Florida, Ms. Bonamici, and Mr. Swalwell of California. (17) Committee on small business.--Ms. Velazquez, Mr. Schrader, Ms. Clarke, Ms. Chu, and Ms. Meng. (18) Committee on transportation and infrastructure.--Mr. Rahall, Mr. DeFazio, Ms. Norton, Mr. Nadler, Ms. Brown of Florida, Ms. Eddie Bernice Johnson of Texas, Mr. Cummings, Mr. Larsen of Washington, Mr. Capuano, Mr. Bishop of New York, Mr. Michaud, Mrs. Napolitano, Mr. Lipinski, Mr. Walz, Mr. Cohen, Mr. Sires, Ms. Edwards, Mr. Garamendi, Mr. Carson of Indiana, Ms. Hahn, Mr. Nolan, Mrs. Kirkpatrick, Ms. Titus, Mr. Sean Patrick Maloney of New York, Ms. Esty, Ms. Frankel of Florida, and Mrs. Bustos. (19) Committee on veterans' affairs.--Mr. Michaud, Ms. Brown of Florida, Mr. Takano, and Ms. Brownley of California. (20) Committee on ways and means.--Mr. Levin, Mr. Rangel, Mr. McDermott, Mr. Lewis, Mr. Neal, Mr. Becerra, Mr. Doggett, Mr. Thompson of California, Mr. Larson of Connecticut, Mr. Blumenauer, Mr. Kind, Mr. Pascrell, Mr. Crowley, Ms. Schwartz, Mr. Danny K. Davis of Illinois, and Ms. Linda T. Sanchez of California. Mr. BECERRA (during the reading). Mr. Speaker, I ask unanimous consent that the resolution be considered as read and printed in the Record. The SPEAKER pro tempore. Is there objection to the request of the gentleman from California? There was no objection. The resolution was agreed to. A motion to reconsider was laid on the table. ____________________ PROVIDING FOR THE DESIGNATION OF CERTAIN MINORITY EMPLOYEES Mr. BECERRA. Mr. Speaker, I offer a resolution and ask unanimous consent for its immediate consideration. The Clerk read the title of the resolution. The SPEAKER pro tempore. Is there objection to the request of the gentleman from California? There was no objection. The text of the resolution is as follows: H. Res. 8 Resolved, That pursuant to the Legislative Pay Act of 1929, as amended, the six minority employees authorized therein shall be the following named persons, effective January 3, 2013, until otherwise ordered by the House, to wit: John Lawrence, George Kundanis, Richard Meltzer, Wyndee Parker, Wendell Primus, and Nadeam Elshami, each to receive gross compensation pursuant to the provisions of House Resolution 119, Ninety-fifth Congress, as enacted into permanent law by section 115 of Public Law 95-94. In addition the Minority Leader may appoint and set the annual rate of pay for up to 3 further minority employees. The resolution was agreed to. A motion to reconsider was laid on the table. ____________________ FIXING THE DAILY HOUR OF MEETING OF THE FIRST SESSION OF THE 113TH CONGRESS Mr. SESSIONS. Mr. Speaker, I offer a privileged resolution and ask for its immediate consideration. The Clerk read the resolution, as follows: H. Res. 9 Resolved, That unless otherwise ordered, the hour of daily meeting of the House shall be 2 p.m. on Monday; noon on Tuesdays (or 2 p.m. if no legislative business was conducted [[Page 44]] on the preceding Monday); noon on Wednesdays and Thursdays; and 9 a.m. on all other days of the week. The resolution was agreed to. A motion to reconsider was laid on the table. ____________________ AUTHORIZING THE SPEAKER, MAJORITY LEADER, AND MINORITY LEADER TO ACCEPT RESIGNATIONS AND MAKE APPOINTMENTS DURING THE 113TH CONGRESS Mr. CANTOR. Mr. Speaker, I ask unanimous consent that during the 113th Congress, the Speaker, majority leader, and minority leader be authorized to accept resignations and to make appointments authorized by law or by the House. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Virginia? There was no objection. ____________________ GRANTING MEMBERS PERMISSION TO EXTEND REMARKS AND INCLUDE EXTRANEOUS MATERIAL IN THE CONGRESSIONAL RECORD DURING THE 113TH CONGRESS Mr. CANTOR. Mr. Speaker, I ask unanimous consent that during the 113th Congress, all Members be permitted to extend their remarks and to include extraneous material within the permitted limit in that section of the Record entitled Extensions of Remarks. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Virginia? There was no objection. ____________________ MAKING IN ORDER MORNING-HOUR DEBATE Mr. CANTOR. Mr. Speaker, I ask unanimous consent that during the first session of the 113th Congress: (1) on legislative days of Monday or Tuesday when the House convenes pursuant to House Resolution 9, the House shall convene 2 hours earlier than the time otherwise established by the resolution for the purpose of conducting morning-hour debate; (2) on legislative days of Wednesday or Thursday when the House convenes pursuant to House Resolution 9, the House shall convene 2 hours earlier than the time otherwise established by the resolution for the purpose of conducting morning-hour debate; (3) when the House convenes pursuant to an order other than H. Res. 9, the House shall convene for the purpose of conducting morning-hour debate only as prescribed by such order; (4) the time for morning-hour debate shall be allocated equally between the parties and may not continue beyond 10 minutes before the hour appointed for the resumption of the session of the House; and (5) the form of proceeding for morning-hour debate shall be as follows: (a) the prayer by the Chaplain, the approval of the Journal and the Pledge of Allegiance to the flag shall be postponed until resumption of the session of the House; (b) initial and subsequent recognitions for debate shall alternate between the parties; (c) recognition shall be conferred by the Speaker only pursuant to lists submitted by the majority leader and by the minority leader; (d) no Member may address the House for longer than 5 minutes, except the majority leader, the minority leader, or the minority whip; (e) no legislative business shall be in order except the filing of privileged reports; and (f) following morning-hour debate, the Chair shall declare a recess pursuant to clause 12(a) of rule I until the time appointed for the resumption of the session of the House. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Virginia? There was no objection. ____________________ REPORT OF COMMITTEE TO NOTIFY THE PRESIDENT Mr. CANTOR. Mr. Speaker, your committee appointed on the part of the House to join a like committee on the part of the Senate to notify the President of the United States that a quorum of each House has been assembled and is ready to receive any communication that he may be pleased to make has performed that duty. ____________________ REGARDING CONSENT TO ASSEMBLE OUTSIDE THE SEAT OF GOVERNMENT Mr. SESSIONS. Mr. Speaker, I offer a privileged concurrent resolution and ask for its immediate consideration. The Clerk read the concurrent resolution, as follows: H. Con. Res. 1 Resolved by the House of Representatives (the Senate concurring), That pursuant to clause 4, section 5, article I of the Constitution, during the One Hundred Thirteenth Congress the Speaker of the House and the Majority Leader of the Senate or their respective designees, acting jointly after consultation with the Minority Leader of the House and the Minority Leader of the Senate, may notify the Members of the House and the Senate, respectively, to assemble at a place outside the District of Columbia if, in their opinion, the public interest shall warrant it. The concurrent resolution was agreed to. A motion to reconsider was laid on the table. ____________________ HOUR OF MEETING ON TOMORROW Mr. CANTOR. Mr. Speaker, I ask unanimous consent that when the House adjourns today, it adjourn to meet at 10 a.m. tomorrow. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Virginia? There was no objection. ____________________ APPOINTMENT--HOUSE OFFICE BUILDING COMMISSION The SPEAKER pro tempore. The Chair announces the Speaker's appointment, pursuant to 2 U.S.C. 2001, and the order of the House of today, of the gentleman from Virginia (Mr. Cantor) and the gentlewoman from California (Ms. Pelosi) as members of the House Office Building Commission to serve with the Speaker. ____________________ APPOINTMENT OF MEMBERS TO PERMANENT SELECT COMMITTEE ON INTELLIGENCE The SPEAKER pro tempore. Pursuant to clause 11 of rule X, clause 11 of rule I, and the order of the House of today, the Chair announces the Speaker's appointment of the following members of the House to the Permanent Select Committee on Intelligence: Mr. Rogers, Michigan, Chairman Mr. Ruppersberger, Maryland ____________________ APPOINTMENT OF MEMBERS TO JOINT ECONOMIC COMMITTEE The SPEAKER pro tempore. The Chair announces the Speaker's appointment, pursuant to 15 U.S.C. 1024(a), and the order of the House of today, of the following Members of the House to the Joint Economic Committee: Mr. Brady, Texas Mrs. Maloney, New York ____________________ {time} 1710 TO PROVIDE FOR THE COUNTING ON JANUARY 4, 2013, OF THE ELECTORAL VOTES FOR PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES The SPEAKER pro tempore laid before the House the following privileged concurrent resolution: S. Con. Res. 1 Resolved by the Senate (the House of Representatives concurring), That provide the two Houses of Congress shall meet in the Hall of the House of Representatives on Thursday, the 4th day of January 2013, at 1 o'clock post meridian, pursuant to the requirements of the Constitution and laws relating to the election of President and Vice President of the United States, and the President of the Senate shall be their Presiding Officer; that two tellers shall be previously appointed by the President of the Senate on the part of the Senate and two by the Speaker on the part of the House of Representatives, to whom shall be handed, as they are opened by the President of the Senate, all the certificates and papers purporting to be certificates of the electoral votes, which certificates and papers shall be opened, presented, [[Page 45]] and acted upon in the alphabetical order of the States, beginning with the letter ``A''; and said tellers, having then read the same in the presence and hearing of the two Houses, shall make a list of the votes as they shall appear from said certificates; and the votes having been ascertained and counted in the manner and according to the rules by law provided, the result of the same shall be delivered to the President of the Senate, who shall thereupon announce the state of the vote, which announcement shall be deemed a sufficient declaration of the persons, if any, elected President and Vice President of the United States, and, together with a list of the votes, be entered on the Journals of the two Houses. The concurrent resolution was concurred in. A motion to reconsider was laid on the table. ____________________ EXTENDING THE LIFE OF THE JOINT CONGRESSIONAL COMMITTEE ON INAUGURAL CEREMONIES The SPEAKER pro tempore laid before the House the following privileged concurrent resolution: S. Con. Res. 2 Resolved by the Senate (the House of Representatives concurring), SECTION 1. REAUTHORIZATION OF JOINT COMMITTEE. Effective from January 3, 2013, the joint committee created by Senate Concurrent Resolution 35 (112th Congress), to make the necessary arrangements for the inauguration of the President-elect and the Vice President-elect of the United States, is continued with the same power and authority provided for in that resolution. SEC. 2. USE OF CAPITOL. Effective from January 3, 2013, the provisions of Senate Concurrent Resolution 36 (112th Congress), to authorize the use of the rotunda and Emancipation Hall of the Capitol by the Joint Congressional Committee on Inaugural Ceremonies in connection with the proceedings and ceremonies conducted for the inauguration of the President-elect and the Vice President-elect of the United States are continued with the same power and authority provided for in that resolution. The concurrent resolution was concurred in. A motion to reconsider was laid on the table. ____________________ ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The SPEAKER pro tempore. The Chair customarily takes this occasion at the outset of a Congress to announce his policies with respect to particular aspects of the legislative process. The Chair will insert in the Record announcements concerning: first, privileges of the floor; second, introduction of bills and resolutions; third, unanimous-consent requests for the consideration of legislation; fourth, recognition for 1-minute speeches; fifth, recognition for special-order speeches; sixth, decorum in debate; seventh, conduct of votes by electronic device; eighth, use of handouts on the House floor; ninth, use of electronic equipment on the House floor; and tenth, use of the Chamber. These announcements, where appropriate, will reiterate the origins of the stated policies. The Chair intends to continue in the 113th Congress the policies reflected in these statements. The policy announced in the 102nd Congress with respect to jurisdictional concepts related to clause 5(a) of rule XXI--tax and tariff measures--will continue to govern but need not be reiterated, as it is adequately documented as precedent in the House Rules and Manual. Without objection, the announcements will be printed in the Record. There was no objection. 1. Privileges of the Floor The Chair will make the following announcements regarding floor privileges, which will apply during the 113th Congress. ANNOUNCEMENT BY THE SPEAKER WITH RESPECT TO STAFF Rule IV strictly limits those persons to whom the privileges of the floor during sessions of the House are extended, and that rule prohibits the Chair from entertaining requests for suspension or waiver of that rule. As reiterated by the Chair on January 21, 1986, January 3, 1985, January 25, 1983, and August 22, 1974, and as stated in Chapter 10, section 2, of House Practice, the rule strictly limits the number of committee staff on the floor at one time during the consideration of measures reported from their committees. This permission does not extend to Members' personal staff except when a Member's amendment is actually pending during the five-minute rule. It also does not extend to personal staff of Members who are sponsors of pending bills or who are engaging in special orders. The Chair requests the cooperation of all Members and committee staff to assure that only the proper number of staff are on the floor, and then only during the consideration of measures within the jurisdiction of their committees. The Chair is making this statement and reiterating this policy because of Members' past insistence upon strict enforcement of the rule. The Chair requests each committee chair, and each ranking minority member, to submit to the Speaker a list of those staff who are allowed on the floor during the consideration of a measure reported by their committee. The Sergeant-at- Arms, who has been directed to assure proper enforcement of rule IV, will keep the list. Each staff person should exchange his or her ID for a ``committee staff' badge, which is to be worn while on the floor. The Chair has consulted with the Minority Leader and will continue to consult with her. Furthermore, as the Chair announced on January 7, 2003, in accordance with the change in the 108th Congress of clause 2(a) of rule IV regarding leadership staff floor access, only designated staff approved by the Speaker shall be granted the privilege of the floor. The Speaker intends that his approval be narrowly granted on a bipartisan basis to staff from the majority and minority side and only to those staff essential to floor activities. ANNOUNCEMENT BY THE SPEAKER WITH RESPECT TO FORMER MEMBERS The Speaker's policy announced on February 1, 2006, will continue to apply in the 113th Congress. ANNOUNCEMENT BY THE SPEAKER, FEBRUARY 1, 2006 The SPEAKER. The House has adopted a revision to the rule regarding the admission to the floor and the rooms leading thereto. Clause 4 of rule IV provides that a former Member, Delegate or Resident Commissioner or a former Parliamentarian of the House, or a former elected officer of the House or a former minority employee nominated as an elected officer of the House shall not be entitled to the privilege of admission to the Hall of the House and the rooms extending thereto if he or she is a registered lobbyist or an agent of a foreign principal; has any direct personal pecuniary interest in any legislative measure pending before the House, or reported by a committee; or is in the employ of or represents any party or organization for the purpose of influencing, directly or indirectly, the passage, defeat, or amendment of any legislative proposal. This restriction extends not only to the House floor but adjacent rooms, the cloakrooms and the Speaker's lobby. Clause 4 of rule IV also allows the Speaker to exempt ceremonial and educational functions from the restrictions of this clause. These restrictions shall not apply to attendance at joint meetings or joint sessions, Former Members' Day proceedings, educational tours, and other occasions as the Speaker may designate. Members who have reason to know that a person is on the floor inconsistent with clause 4 of rule IV should notify the Sergeant-at-Arms promptly. 2. Introduction of Bills and Resolutions The policy that the Chair announced on January 3, 1983, with respect to the introduction and reference of bills and resolutions will continue to apply in the 113th Congress. The Chair has advised all officers and employees of the House who are involved in the processing of bills that every bill, resolution, memorial, petition or other material that is placed in the hopper must bear the signature of a Member. Where a bill or resolution is jointly sponsored, the signature must be that of the Member first named thereon. The bill clerk is instructed to return to the Member any bill which appears in the hopper without an original signature. This procedure was inaugurated in the 92d Congress. It has worked well, and the Chair thinks that it is essential to continue this practice to insure the integrity of the process by which legislation is introduced in the House. 3. Unanimous-Consent Requests for the Consideration of Legislation The policy the Chair announced on January 6, 1999, with respect to recognition for unanimous-consent requests for the consideration of certain legislative measures will continue to apply in the 113th Congress. The Speaker will continue to follow the guidelines recorded in section 956 of the House Rules and Manual conferring recognition for unanimous-consent requests for the consideration of bills, resolutions, and other measures only when assured that the majority and minority floor leadership and the relevant committee chairs and ranking minority members have no objection. Consistent with those guidelines and with the Chair's inherent power of recognition under clause 2 of rule XVII, the Chair, and any occupant of the chair appointed as Speaker pro tempore pursuant to clause 8 of rule I, will decline recognition for the unanimous-consent requests chronicled in section 956 without assurances that the request has been so cleared. This denial of recognition by the [[Page 46]] Chair will not reflect necessarily any personal opposition on the part of the Chair to orderly consideration of the matter in question, but will reflect the determination upon the part of the Chair that orderly procedures will be followed; that is, procedures involving consultation and agreement between floor and committee leadership on both sides of the aisle. 4. Recognition for One-Minute Speeches ANNOUNCEMENT BY THE SPEAKER WITH RESPECT TO ONE-MINUTE SPEECHES The Speaker's policy announced on August 8, 1984, with respect to recognition for one-minute speeches will apply during the 113th Congress. The Chair will alternate recognition for one-minute speeches between majority and minority Members, in the order in which they seek recognition in the well under present practice from the Chair's right to the Chair's left, with possible exceptions for Members of the leadership and Members having business requests. The Chair, of course, reserves the right to limit one-minute speeches to a certain period of time or to a special place in the program on any given day, with notice to the leadership. 5. Recognition for Special-Order Speeches ANNOUNCEMENT BY THE SPEAKER WITH RESPECT TO SPECIAL-ORDER SPEECHES The Speaker's policy with regard to special-order speeches announced on February 11, 1994, as clarified and reiterated by subsequent Speakers, will continue to apply in the 113th Congress, with the following modifications. The Chair may recognize Members for special-order speeches for up to 4 hours. Such speeches may not extend beyond the 4- hour limit without the permission of the Chair, which may be granted only with advance consultation between the leaderships and notification to the House. However, the Chair will not recognize for any special-order speeches beyond 10 o'clock in the evening. The 4-hour limitation will be divided between the majority and minority parties. Each party is entitled to reserve its first hour for respective leaderships or their designees. The second hour reserved to each party will be divided into two 30-minute periods. Recognition for one-hour periods and for 30-minute periods will alternate initially and subsequently between the parties each day. The Chair wishes to clarify for Members that any 60- or 30-minute period that is not claimed at the appropriate time will be considered to have expired; this includes the first 60-minute period of the day. The allocation of time within each party's 2-hour period (or shorter period if prorated to end by 10 p.m.) will be determined by a list submitted to the Chair by the respective leaderships. Members may not sign up with their leadership for any special-order speeches earlier than one week prior to the special order. Additional guidelines may be established for such sign-ups by the respective leaderships. Pursuant to clause 2(a) of rule V, the television cameras will not pan the Chamber, but a ``crawl'' indicating the conduct of morning-hour debate or that the House has completed its legislative business and is proceeding with special-order speeches will appear on the screen. The Chair may announce other adaptations during this period. The continuation of this format for recognition by the Speaker is without prejudice to the Speaker's ultimate power of recognition under clause 2 of rule XVII and includes the ability to withdraw recognition for longer special-order speeches should circumstances warrant. 6. Decorum in Debate The Chair's announced policies of January 7, 2003, January 4, 1995, and January 3, 1991, will apply in the 113th Congress. It is essential that the dignity of the proceedings of the House be preserved, not only to assure that the House conducts its business in an orderly fashion but also to permit Members to properly comprehend and participate in the business of the House. To this end, and in order to permit the Chair to understand and to correctly put the question on the numerous requests that are made by Members, the Chair requests that Members and others who have the privileges of the floor desist from audible conversation in the Chamber while the business of the House is being conducted. The Chair would encourage all Members to review rule XVII to gain a better understanding of the proper rules of decorum expected of them, and especially: to avoid ``personalities'' in debate with respect to references to other Members, the Senate, and the President; to address the Chair while standing and only during, and not beyond, the time recognized, and not to address the television or other imagined audience; to refrain from passing between the Chair and a Member speaking, or directly in front of a Member speaking from the well; to refrain from smoking in the Chamber; to wear appropriate business attire in the Chamber; and to generally display the same degree of respect to the Chair and other Members that every Member is due. The Chair would like all Members to be on notice that the Chair intends to strictly enforce time limitations on debate. Furthermore, the Chair has the authority to immediately interrupt Members in debate who transgress rule XVII by failing to avoid ``personalities'' in debate with respect to references to the Senate, the President, and other Members, rather than wait for Members to complete their remarks. Finally, it is not in order to speak disrespectfully of the Speaker; and under the precedents the sanctions for such violations transcend the ordinary requirements for timeliness of challenges. This separate treatment is recorded in volume 2 of Hinds' Precedents, at section 1248 and was reiterated on January 19, 1995. 7. Conduct of Votes by Electronic Device The Speaker's policy announced on January 4, 1995, with respect to the conduct of electronic votes will continue in the 113th Congress with modifications as follows. As Members are aware, clause 2(a) of rule XX provides that Members shall have not less than 15 minutes in which to answer an ordinary record vote or quorum call. The rule obviously establishes 15 minutes as a minimum. Still, with the cooperation of the Members, a vote can easily be completed in that time. The events of October 30, 1991, stand out as proof of this point. On that occasion, the House was considering a bill in the Committee of the Whole under a special rule that placed an overall time limit on the amendment process, including the time consumed by record votes. The Chair announced, and then strictly enforced, a policy of closing electronic votes as soon as possible after the guaranteed period of 15 minutes. Members appreciated and cooperated with the Chair's enforcement of the policy on that occasion. The Chair desires that the example of October 30, 1991, be made the regular practice of the House. To that end, the Chair enlists the assistance of all Members in avoiding the unnecessary loss of time in conducting the business of the House. The Chair encourages all Members to depart for the Chamber promptly upon the appropriate bell and light signal. As in recent Congresses, the cloakrooms should not forward to the Chair requests to hold a vote by electronic device, but should simply apprise inquiring Members of the time remaining on the voting clock. Members should not rely on signals relayed from outside the Chamber to assume that votes will be held open until they arrive in the Chamber. Members will be given a reasonable amount of time in which to accurately record their votes, and the Chair will endeavor to assess the presence of the membership and the expectation of further votes prior to exercising his authority under clause 8(c)(2) of rule XX or clause 6(g)(2) of rule XVIII. No occupant of the Chair would prevent a Member who is in the well before the announcement of the result from casting his or her vote. The Speaker believes the best practice for presiding officers is to await the Clerk's certification that a vote tally is complete and accurate. 8. Use of Handouts on House Floor The Speaker's policy announced on September 27, 1995, which was prompted by a misuse of handouts on the House floor and made at the bipartisan request of the Committee on Standards of Official Conduct, will continue in the 113th Congress. All handouts distributed on or adjacent to the House floor by Members during House proceedings must bear the name of the Member authorizing their distribution. In addition, the content of those materials must comport with standards of propriety applicable to words spoken in debate or inserted in the Record. Failure to comply with this admonition may constitute a breach of decorum and may give rise to a question of privilege. The Chair would also remind Members that, pursuant to clause 5 of rule IV, staff is prohibited from engaging in efforts in the Hall of the House or rooms leading thereto to influence Members with regard to the legislation being amended. Staff cannot distribute handouts. In order to enhance the quality of debate in the House, the Chair would ask Members to minimize the use of handouts. 9. Use of Electronic Equipment on House Floor The Speaker's policy announced on January 27, 2000, as clarified on January 6, 2009, and as modified by the change in clause 5 of rule XVII in the 112th Congress, will continue in the 113th Congress. All Members and staff are reminded of the absolute prohibition contained in clause 5 of rule XVII against the use of mobile electronic devices that impair decorum. Those devices include wireless telephones and personal computers. The Chair wishes to note that electronic tablet devices do not constitute personal computers within the meaning of this policy and thus may be unobtrusively used in the Chamber. No device may be used for still photography or for audio or video recording. The Chair requests all Members and staff wishing to receive or make wireless telephone calls to do so outside of the Chamber. The Chair further requests that all Members and staff refrain from wearing telephone headsets in the Chamber and to deactivate any audible ring of wireless phones before entering the Chamber. To this end, the Chair insists upon the cooperation of all Members and staff and instructs the Sergeant-at-Arms, pursuant to clause 3(a) of rule II and clause 5 of rule XVII, to enforce this prohibition. [[Page 47]] 10. Use of Chamber The Speaker's policy announced on January 6, 2009, with respect to use of the Chamber will continue in the 113th Congress. The Chair will announce to the House the policy of the Speaker concerning appropriate comportment in the chamber when the House is not in session. Under clause 3 of rule I, the Speaker is responsible to control the Hall of the House. Under clause 1 of rule IV, the Hall of the House is to be used only for the legislative business of the House, for caucus and conference meetings of its Members, and for such ceremonies as the House might agree to conduct there. When the House stands adjourned, its chamber remains on static display. It may accommodate visitors in the gallery or on the floor, subject to the needs of those who operate, maintain, and secure the chamber to go about their ordinary business. Because outside ``coverage'' of the chamber is limited to floor proceedings and is allowed only by accredited journalists, when the chamber is on static display no audio or video recording or transmitting devices are allowed. The long custom of disallowing even still photography in the chamber is based at least in part on the notion that an image having this setting as its backdrop might be taken to carry the imprimatur of the House. The imprimatur of the House adheres to the Journal of its proceedings, which is kept pursuant to the Constitution. The imprimatur of the House adheres to the Congressional Record, which is kept as a substantially verbatim transcript pursuant to clause 8 of rule XVII. The imprimatur of the House adheres to the audio and visual transmissions and recordings that are made and kept by the television system administered by the Speaker pursuant to rule V. But the imprimatur of the House may not be appropriated to other, ad hoc accounts or compositions of events in its chamber. ____________________ COMMUNICATION FROM THE CLERK OF THE HOUSE The SPEAKER pro tempore laid before the House the following communication from the Clerk of the House of Representatives: January 3, 2013. Hon. John Boehner, Speaker, House of Representatives, Washington, DC. Dear Mr. Speaker: Under clause 2(g) of rule II of the Rules of the House of Representatives, I herewith designate Robert Reeves, Deputy Clerk, and Kirk D. Boyle, Legal Counsel, to sign any and all papers and do all other acts for me under the name of the Clerk of the House that they would be authorized to do by virtue of this designation, except such as are provided by statute, in case of my temporary absence or disability. This designation shall remain in effect for the 113th Congress or until modified by me. With best wishes, I am Sincerely, Karen L. Haas, Clerk of the House. ____________________ RECALL DESIGNEE The SPEAKER pro tempore laid before the House the following communication from the Speaker of the House of Representatives: The Speaker's Rooms, House of Representatives, Washington, DC, January 3, 2013. Hon. Karen L. Haas, Clerk of the House of Representatives, Washington, DC. Dear Madam Clerk: Pursuant to House Concurrent Resolution 1, and also for purposes of such concurrent resolutions of the current Congress as may contemplate my designation of Members to act in similar circumstances, I hereby designate Representative Eric Cantor of Virginia to act jointly with the Majority Leader of the Senate or his designee, in the event of my death or inability, to notify the Members of the House and the Senate, respectively, of any reassembly under any such concurrent resolution. In the event of the death or inability of that designee, the alternate Members of the House listed in the letter bearing this date that I have placed with the Clerk are designated, in turn, for the same purposes. Sincerely, John A. Boehner, Speaker. ____________________ ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The SPEAKER pro tempore. The Chair announces that the Speaker has delivered to the Clerk a letter dated January 3, 2013, listing Members in the order in which each shall act as Speaker pro tempore under clause 8(b)(3) of rule I. ____________________ APPOINTMENT OF MEMBERS TO ACT AS SPEAKER PRO TEMPORE TO SIGN ENROLLED BILLS AND JOINT RESOLUTIONS DURING THE 113TH CONGRESS The SPEAKER pro tempore laid before the House the following communication from the Speaker: The Speaker's Rooms, House of Representatives, Washington, DC, January 3, 2013. I hereby appoint the Honorable Jeff Denham, the Honorable Mac Thornberry, the Honorable Fred Upton, the Honorable Andy Harris, and the Honorable Frank R. Wolf to act as Speaker pro tempore to sign enrolled bills and joint resolutions through the remainder of the One Hundred Thirteenth Congress. John A. Boehner, Speaker. The SPEAKER pro tempore. Without objection, the appointments are approved. There was no objection. ____________________ ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The SPEAKER pro tempore. Under clause 5(d) of rule XX, the Chair announces to the House that the whole number of the House is 429. ____________________ LEAVE OF ABSENCE By unanimous consent, leave of absence was granted to: Ms. Roybal-Allard (at the request of Ms. Pelosi) for today and January 4 on account of a death in the family. Mr. Ribble (at the request of Mr. Cantor) for today after 4:30 p.m. and the balance of the week on account of a death in the family. ____________________ ADJOURNMENT Mr. McHENRY. Mr. Speaker, I move that the House do now adjourn. The motion was agreed to; accordingly (at 5 o'clock and 18 minutes p.m.), under its previous order, the House adjourned until tomorrow, Friday, January 4, 2013, at 10 a.m. ____________________ EXECUTIVE COMMUNICATIONS, ETC. Under clause 2 of rule XIV, executive communications were taken from the Speaker's table and referred as follows: 1. A letter from the Director, Regulatory Management Division, Environmental Protection Agency, transmitting the Agency's final rule -- National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers [EPA-HQ-OAR-2006-0790; FRL-9698-5] (RIN: 2060-AR14) received January 3, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce. ____________________ PUBLIC BILLS AND RESOLUTIONS Under clause 2 of rule XII, public bills and resolutions of the following titles were introduced and severally referred, as follows: By Mr. MORAN: H.R. 21. A bill to provide for greater safety in the use of firearms; to the Committee on the Judiciary. By Mr. POE of Texas (for himself, Ms. Lofgren, Mr. Chabot, Mr. McKeon, Mr. Keating, Ms. Linda T. Sanchez of California, and Mr. McCaul): H.R. 22. A bill to provide for the exchange of information related to trade enforcement, and for other purposes; to the Committee on the Judiciary. By Mr. BROUN of Georgia (for himself, Mr. Franks of Arizona, Mr. Palazzo, Mr. Huelskamp, Mr. Rogers of Kentucky, Mr. Terry, Mr. Carter, Mr. Westmoreland, Mr. Farenthold, Mr. Jones, Mr. Roe of Tennessee, Mr. Gibbs, Mr. Gingrey of Georgia, Mrs. Roby, Mr. Pearce, Mr. Ryan of Wisconsin, Mr. Conaway, and Mr. Fleming): H.R. 23. A bill to provide that human life shall be deemed to begin with fertilization; to the Committee on the Judiciary. By Mr. BROUN of Georgia: H.R. 24. A bill to require a full audit of the Board of Governors of the Federal Reserve System and the Federal reserve banks by the Comptroller General of the United States, and for other purposes; to the Committee on Oversight and Government Reform, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. By Mr. WOODALL (for himself, Mr. Price of Georgia, Mr. Duncan of South Carolina, Mr. King of Iowa, Mr. Conaway, Mr. Brooks of Alabama, Mr. Brady of Texas, Mr. Westmoreland, Mr. Gingrey of Georgia, [[Page 48]] Mr. McCaul, Mr. Pearce, Mr. Long, Ms. Foxx, Mr. Young of Alaska, Mr. Graves of Georgia, Mr. Collins of Georgia, Mr. Bishop of Utah, Mr. Flores, Mr. Thornberry, Mr. Broun of Georgia, Mr. Walberg, Mr. Olson, Mr. Nugent, Mr. Culberson, Mr. Roe of Tennessee, Mr. Lankford, Mr. Posey, Mr. Benishek, Mr. Harris, Mr. Hensarling, Mr. Ross, Mr. Huelskamp, Mr. Franks of Arizona, Mr. Mica, Mr. Stutzman, Mr. McClintock, Mr. Carter, Mr. Duncan of Tennessee, Mr. Bonner, Mr. Crenshaw, Mr. Issa, Ms. Jenkins, Mr. Kingston, Mr. Lucas, Mr. Pompeo, Mr. Bilirakis, Mr. Neugebauer, Mr. Poe of Texas, Mr. Farenthold, Ms. Granger, Mr. Rigell, Mr. Hall, Mr. Miller of Florida, and Mr. Hunter): H.R. 25. A bill to promote freedom, fairness, and economic opportunity by repealing the income tax and other taxes, abolishing the Internal Revenue Service, and enacting a national sales tax to be administered primarily by the States; to the Committee on Ways and Means. By Ms. VELAZQUEZ: H.R. 26. A bill to amend chapters 83 and 84 of title 5, United States Code, to provide for the indexation of deferred annuities; to provide that a survivor annuity be provided to the widow or widower of a former employee who dies after separating from Government service with title to a deferred annuity under the Civil Service Retirement System but before establishing a valid claim therefor, and for other purposes; to the Committee on Oversight and Government Reform, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. By Ms. VELAZQUEZ: H.R. 27. A bill to amend title XVIII of the Social Security Act to repeal the Medicare competitive acquisition program for durable medical equipment and prosthetics, orthotics, and supplies (DMEPOS), and for other purposes; to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, the Judiciary, and Small Business, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. By Ms. VELAZQUEZ: H.R. 28. A bill to amend the Small Business Act to provide loan guarantees for the acquisition of health information technology by eligible professionals in solo and small group practices, and for other purposes; to the Committee on Small Business. By Ms. VELAZQUEZ: H.R. 29. A bill to amend the Public Health Service Act to improve the provision of medical services to the homeless; to the Committee on Energy and Commerce. By Ms. VELAZQUEZ: H.R. 30. A bill to amend the Small Business Investment Act of 1958, to provide for a small business early-stage investment program, and for other purposes; to the Committee on Small Business, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. By Ms. VELAZQUEZ: H.R. 31. A bill to amend the Investment Company Act of 1940 to change the asset coverage ratio and treatment of preferred stock for business development companies, to allow business development companies to purchase, otherwise acquire, or hold certain securities, and to direct the Securities and Exchange Commission to revise rules under the Securities Act of 1933 relating to business development companies; to the Committee on Financial Services. By Mr. WILSON of South Carolina (for himself, Mr. Loebsack, Mr. LoBiondo, Mrs. Davis of California, Mr. Runyan, Mr. Heck of Nevada, Mrs. Hartzler, Mr. Turner, Ms. Bordallo, Mr. Fitzpatrick, Mr. Conaway, Mr. Miller of Florida, Mr. Nugent, Mr. Crawford, Mr. King of New York, Mr. Ross, Mr. Schock, Mr. Bachus, Mr. Coffman, and Mr. Wittman): H.R. 32. A bill to amend title 10, United States Code, to repeal the requirement for reduction of survivor annuities under the Survivor Benefit Plan for military surviving spouses to offset the receipt of veterans dependency and indemnity compensation; to the Committee on Armed Services. By Mr. STOCKMAN (for himself and Mr. Broun of Georgia): H.R. 33. A bill to amend title 31, United States Code, to reform the manner in which the Board of Governors of the Federal Reserve System is audited by the Comptroller General of the United States and the manner in which such audits are reported, and for other purposes; to the Committee on Oversight and Government Reform. By Mr. RUSH: H.R. 34. A bill to provide for the implementation of a system of licensing for purchasers of certain firearms and for a record of sale system for those firearms, and for other purposes; to the Committee on the Judiciary. By Mr. STOCKMAN (for himself and Mr. Broun of Georgia): H.R. 35. A bill to restore safety to America's schools; to the Committee on the Judiciary. By Mr. DENT (for himself and Mr. Sessions): H.R. 36. A bill to improve access to emergency medical services, and for other purposes; to the Committee on Energy and Commerce. By Mr. BARROW: H.R. 37. A bill to repeal portions of the Patient Protection and Affordable Care Act, to reduce Federal Government spending and to reduce the salaries of Members of Congress, and for other purposes; to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, Rules, House Administration, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. By Mr. FLEMING (for himself and Mr. Barrow): H.R. 38. A bill to allow seniors to file their Federal income tax on a new Form 1040SR; to the Committee on Ways and Means. By Mr. YOUNG of Alaska: H.R. 39. A bill to reauthorize the African Elephant Conservation Act, the Rhinoceros and Tiger Conservation Act of 1994, and the Asian Elephant Conservation Act of 1997; to the Committee on Natural Resources. By Mr. CONYERS: H.R. 40. A bill to acknowledge the fundamental injustice, cruelty, brutality, and inhumanity of slavery in the United States and the 13 American colonies between 1619 and 1865 and to establish a commission to examine the institution of slavery, subsequently de jure and de facto racial and economic discrimination against African-Americans, and the impact of these forces on living African-Americans, to make recommendations to the Congress on appropriate remedies, and for other purposes; to the Committee on the Judiciary. By Mr. GARRETT (for himself, Mr. Smith of New Jersey, Mr. Frelinghuysen, Mr. Lance, Mr. Grimm, Mr. Hanna, Mr. King of New York, Mr. Meeks, Mrs. Carolyn B. Maloney of New York, Mrs. McCarthy of New York, Mr. Crowley, Mr. Nadler, Mr. Andrews, Mr. Runyan, Mr. LoBiondo, Ms. Meng, Mr. Sean Patrick Maloney of New York, Mr. Pascrell, Mr. Tonko, and Mr. Bishop of New York): H.R. 41. A bill to temporarily increase the borrowing authority of the Federal Emergency Management Agency for carrying out the National Flood Insurance Program; to the Committee on Financial Services, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. By Mrs. BACHMANN: H.R. 42. A bill to amend title 10, United States Code, to prohibit certain increases in fees for military health care before fiscal year 2016; to the Committee on Armed Services. By Mrs. BACHMANN (for herself, Mr. Ellison, Mr. Kline, Ms. McCollum, Mr. Nolan, Mr. Paulsen, Mr. Peterson, and Mr. Walz): H.R. 43. A bill to designate the facility of the United States Postal Service located at 14 Red River Avenue North in Cold Spring, Minnesota, as the ``Officer Tommy Decker Memorial Post Office''; to the Committee on Oversight and Government Reform. By Ms. BORDALLO (for herself, Mr. Andrews, Mrs. Christensen, Mr. Faleomavaega, Ms. Norton, Mr. Pierluisi, Mr. Rahall, Mr. Sablan, Mr. Young of Alaska, Mr. Hoyer, and Mr. Michaud): H.R. 44. A bill to implement the recommendations of the Guam War Claims Review Commission; to the Committee on Natural Resources. By Mrs. BACHMANN: H.R. 45. A bill to repeal the Patient Protection and Affordable Care Act and health care-related provisions in the Health Care and Education Reconciliation Act of 2010; to the Committee on Energy and Commerce, and in addition to the Committees on Education and the Workforce, Ways and Means, the Judiciary, Natural Resources, Rules, House Administration, Appropriations, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. By Mrs. BACHMANN: H.R. 46. A bill to repeal the Dodd-Frank Wall Street Reform and Consumer Protection Act; to the Committee on Financial Services, and in addition to the Committees on Agriculture, Energy and Commerce, the Judiciary, the Budget, Oversight and Government Reform, Ways and Means, and Small Business, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. [[Page 49]] By Mr. BISHOP of New York (for himself and Mr. Hanna): H.R. 47. A bill to amend the Internal Revenue Code of 1986 to allow an unlimited exclusion from transfer taxes for certain farmland and land of conservation value, and for other purposes; to the Committee on Ways and Means. By Mr. BISHOP of New York (for himself and Mr. Hanna): H.R. 48. A bill to amend the Internal Revenue Code of 1986 to clarify that installment sales treatment shall not fail to apply to property acquired for conservation purposes by a State or local government or certain tax-exempt organizations merely because purchase funds are held in a sinking or similar fund pursuant to State law; to the Committee on Ways and Means. By Mr. YOUNG of Alaska: H.R. 49. A bill to direct the Secretary of the Interior to establish and implement a competitive oil and gas leasing program that will result in an environmentally sound program for the exploration, development, and production of the oil and gas resources of the Coastal Plain of Alaska, and for other purposes; to the Committee on Natural Resources, and in addition to the Committees on Energy and Commerce, and Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. By Mr. GEORGE MILLER of California (for himself and Mr. Clyburn): H.R. 50. A bill to amend the Help America Vote Act of 2002 to promote early voting in elections for Federal office and to prevent unreasonable waiting times for voters at polling places used in such elections, and for other purposes; to the Committee on House Administration. By Mr. FITZPATRICK: H.R. 51. A bill to amend the Internal Revenue Code of 1986 to provide for an employment assistance voucher program for the unemployed; to the Committee on Ways and Means. By Mr. FITZPATRICK: H.R. 52. A bill to amend title 5, United States Code, to provide for the termination of further retirement coverage of Members of Congress, except for the right to participate in the Thrift Savings Plan, and for other purposes; to the Committee on House Administration, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. By Mr. FITZPATRICK: H.R. 53. A bill to amend title 18, United States Code, to increase from 1 to 2 years the post employment restrictions on Members of the House of Representatives; to the Committee on the Judiciary. By Mr. FITZPATRICK (for himself, Mr. Posey, Mr. McKinley, Mr. Michaud, Mr. Tiberi, Mrs. Miller of Michigan, Mr. Griffin of Arkansas, Mr. Jones, Mr. Luetkemeyer, Mr. Matheson, Mr. Garrett, Mr. Tipton, Mr. Gibbs, Mr. Terry, Mr. Hanna, Mr. Yoder, Mr. Polis, Mr. Wittman, Mrs. Hartzler, Mr. Huizenga of Michigan, Mr. Bucshon, Mr. Mica, Mr. Culberson, Mr. Mulvaney, Mr. Schweikert, Mr. Nugent, Ms. Jenkins, Mr. Lance, Mr. Olson, Mr. Flores, Mrs. Black, Mr. Marino, Mr. Kelly, Mr. Boustany, Mr. Graves of Missouri, Mr. Coble, Mr. Palazzo, Mr. Bilirakis, Mr. Lankford, and Mr. Stivers): H.R. 54. A bill to provide that no pay adjustment for Members of Congress shall be made with respect to any pay period occurring during the One Hundred Thirteenth Congress; to the Committee on House Administration, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. By Mr. FITZPATRICK: H.R. 55. A bill to prioritize the payment of pay and allowances to members of the Armed Forces and Federal law enforcement officers in the event the debt ceiling is reached or there is a funding gap; to the Committee on Ways and Means, and in addition to the Committees on Transportation and Infrastructure, Armed Services, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. By Mrs. BLACKBURN: H.R. 56. A bill to make 1 percent across-the-board rescissions in non-defense, non-homeland-security, and non- veterans-affairs discretionary spending for each of the fiscal years 2013 and 2014; to the Committee on Appropriations. By Mrs. BLACKBURN: H.R. 57. A bill to make 15 percent across-the-board rescissions in non-defense, non-homeland-security, and non- veterans-affairs discretionary spending for each of the fiscal years 2013 and 2014; to the Committee on Appropriations. By Mrs. BLACKBURN: H.R. 58. A bill to make 10 percent across-the-board rescissions in non-defense, non-homeland-security, and non- veterans-affairs discretionary spending for each of the fiscal years 2013 and 2014; to the Committee on Appropriations. By Mrs. BLACKBURN (for herself and Mr. Garrett): H.R. 59. A bill to make 5 percent across-the-board rescissions in non-defense, non-homeland-security, and non- veterans-affairs discretionary spending for each of the fiscal years 2013 and 2014; to the Committee on Appropriations. By Ms. JACKSON LEE: H.R. 60. A bill to award a Congressional Gold Medal to Malala Yousufzai, in recognition of her devoted service to education, justice, and equality in Pakistan; to the Committee on Financial Services. By Mrs. BLACKBURN: H.R. 61. A bill to amend title X of the Public Health Service Act to prohibit family planning grants from being awarded to any entity that performs abortions, and for other purposes; to the Committee on Energy and Commerce. By Ms. JACKSON LEE: H.R. 62. A bill to amend title 18, United States Code, to provide an alternate release date for certain nonviolent offenders, and for other purposes; to the Committee on the Judiciary. By Mrs. BLACKBURN: H.R. 63. A bill to modify the boundary of the Shiloh National Military Park located in Tennessee and Mississippi, to establish Parker's Crossroads Battlefield as an affiliated area of the National Park System, and for other purposes; to the Committee on Natural Resources. By Ms. JACKSON LEE: H.R. 64. A bill to increase the number of Federal air marshals for certain flights, require criminal investigative training for such marshals, create an office and appoint an ombudsman for the marshals, and for other purposes; to the Committee on Homeland Security. By Ms. JACKSON LEE: H.R. 65. A bill to prevent children's access to firearms; to the Committee on the Judiciary. By Ms. JACKSON LEE: H.R. 66. A bill to direct the Secretary of Transportation to take actions to ensure that not fewer than 2 air traffic controllers are on duty and physically situated within the air traffic control room or tower of certain airports at all times during periods of airfield operations, and for other purposes; to the Committee on Transportation and Infrastructure. By Mrs. BLACKBURN: H.R. 67. A bill to amend subtitle IV of title 40, United States Code, regarding county additions to the Appalachian region; to the Committee on Transportation and Infrastructure. By Ms. JACKSON LEE: H.R. 68. A bill to provide that no Federal funds may be used by the Secretary of Homeland Security to approve a site security plan for a chemical facility, unless the facility meets or exceeds security standards and requirements to protect the facility against acts of terrorism established for such a facility by the State or local government for the area where the facility is located, and for other purposes; to the Committee on Energy and Commerce, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. By Ms. BORDALLO (for herself, Mr. Markey, Mr. Pierluisi, Mr. Sablan, and Mrs. Christensen): H.R. 69. A bill to strengthen enforcement mechanisms to stop illegal, unreported, and unregulated fishing, to amend the Tuna Conventions Act of 1950 to implement the Antigua Convention, and for other purposes; to the Committee on Natural Resources. By Ms. JACKSON LEE: H.R. 70. A bill to direct the Secretary of Interior and the Secretary of Commerce, acting through the National Oceanic and Atmospheric Administration, to initiate immediate action to create jobs in America, and for other purposes; to the Committee on Natural Resources, and in addition to the Committees on Science, Space, and Technology, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. By Ms. BORDALLO (for herself, Mr. Pierluisi, Mr. Farr, Mrs. Christensen, and Ms. Wasserman Schultz): H.R. 71. A bill to reauthorize the Coral Reef Conservation Act of 2000, and for other purposes; to the Committee on Natural Resources. By Ms. JACKSON LEE: H.R. 72. A bill to provide for emergency deployments of United States Border Patrol agents and to increase the number of DEA and ATF agents along the international border of the United States to increase resources to identify and eliminate illicit sources of firearms into Mexico for use by violent drug trafficking organizations and for other lawful activities, and for other purposes; to the Committee on Homeland Security, and in addition to the Committee on [[Page 50]] the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. By Mr. BROUN of Georgia: H.R. 73. A bill to abolish the Board of Governors of the Federal Reserve System and the Federal reserve banks, to repeal the Federal Reserve Act, and for other purposes; to the Committee on Financial Services. By Ms. JACKSON LEE: H.R. 74. A bill to provide for the collection of data on traffic stops, and for other purposes; to the Committee on the Judiciary. By Mr. BROUN of Georgia: H.R. 75. A bill to end membership of the United States in the United Nations; to the Committee on Foreign Affairs. By Ms. JACKSON LEE: H.R. 76. A bill to designate the facility of the United States Postal Service located at 1900 West Gray Street in Houston, Texas, as the ``Hazel Hainsworth Young Post Office Building''; to the Committee on Oversight and Government Reform. By Mr. BROUN of Georgia: H.R. 77. A bill to repeal the legal tender laws, to prohibit taxation on certain coins and bullion, and to repeal superfluous sections related to coinage; to the Committee on Financial Services, and in addition to the Committees on Ways and Means, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. By Ms. JACKSON LEE: H.R. 78. A bill to designate the facility of the United States Postal Service located at 4110 Almeda Road in Houston, Texas, as the ``George Thomas `Mickey' Leland Post Office Building''; to the Committee on Oversight and Government Reform. By Mrs. CHRISTENSEN (for herself, Mr. Pierluisi, and Ms. Bordallo): H.R. 79. A bill to amend title XIX of the Social Security Act to increase the Federal medical assistance percentage for the territories; to the Committee on Energy and Commerce. By Ms. JACKSON LEE: H.R. 80. A bill to provide for research and education with respect to triple-negative breast cancer, and for other purposes; to the Committee on Energy and Commerce. By Mrs. CHRISTENSEN: H.R. 81. A bill to amend subtitle B of title I of the Patient Protection and Affordable Care Act to extend the temporary high-risk insurance pool program to the territories; to the Committee on Energy and Commerce. By Ms. JACKSON LEE: H.R. 82. A bill to amend title XVIII of the Social Security Act to require hospitals reimbursed under the Medicare system to establish and implement security procedures to reduce the likelihood of infant patient abduction and baby switching, including procedures for identifying all infant patients in the hospital in a manner that ensures that it will be evident if infants are missing from the hospital; to the Committee on Ways and Means, and in addition to the Committees on the Judiciary, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. By Mrs. CHRISTENSEN (for herself, Mr. Pierluisi, Mr. Faleomavaega, Mr. Sablan, and Ms. Bordallo): H.R. 83. A bill to require the Secretary of the Interior to assemble a team of technical, policy, and financial experts to address the energy needs of the insular areas of the United States and the Freely Associated States through the development of action plans aimed at reducing reliance on imported fossil fuels and increasing use of indigenous clean- energy resources, and for other purposes; to the Committee on Energy and Commerce. By Ms. JACKSON LEE: H.R. 84. A bill to amend title 49, United States Code, to establish an Ombudsman Office within the Transportation Security Administration for the purpose of enhancing transportation security by providing confidential, informal, and neutral assistance to address work-place related problems of Transportation Security Administration employees, and for other purposes; to the Committee on Homeland Security. By Mrs. CHRISTENSEN: H.R. 85. A bill to create the Office of Chief Financial Officer of the Government of the Virgin Islands, and for other purposes; to the Committee on Natural Resources. By Ms. JACKSON LEE: H.R. 86. A bill to authorize the Secretary of Homeland Security to establish a program to award grants to institutions of higher education for the establishment or expansion of cybersecurity professional development programs, and for other purposes; to the Committee on Science, Space, and Technology, and in addition to the Committees on Education and the Workforce, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. By Mrs. CHRISTENSEN: H.R. 87. A bill to establish the Castle Nugent National Historic Site at St. Croix, United States Virgin Islands, and for other purposes; to the Committee on Natural Resources. By Ms. JACKSON LEE: H.R. 88. A bill to increase the evidentiary standard required to convict a person for a drug offense, to require screening of law enforcement officers or others acting under color of law participating in drug task forces, and for other purposes; to the Committee on the Judiciary. By Mrs. CHRISTENSEN (for herself, Mr. Pierluisi, Mr. Faleomavaega, and Ms. Bordallo): H.R. 89. A bill to establish the St. Croix National Heritage Area, and for other purposes; to the Committee on Natural Resources. By Ms. JACKSON LEE: H.R. 90. A bill to enhance Federal enforcement of hate crimes, and for other purposes; to the Committee on the Judiciary. By Mrs. CHRISTENSEN (for herself, Ms. Bordallo, and Mr. Faleomavaega): H.R. 91. A bill to extend the supplemental security income benefits program to Guam, the United States Virgin Islands, and American Samoa; to the Committee on Ways and Means. By Mrs. CHRISTENSEN: H.R. 92. A bill to provide energy crisis relief to residents of the Virgin Islands; to the Committee on Agriculture, and in addition to the Committees on Energy and Commerce, Transportation and Infrastructure, Financial Services, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. By Mr. CICILLINE: H.R. 93. A bill to amend chapter 44 of title 18, United States Code, to restrict the ability of a person whose Federal license to import, manufacture, or deal in firearms has been revoked, whose application to renew such a license has been denied, or who has received a license revocation or renewal denial notice, to transfer business inventory firearms, and for other purposes; to the Committee on the Judiciary. By Mr. COLE: H.R. 94. A bill to amend the Internal Revenue Code of 1986 to prohibit the use of public funds for political party conventions; to the Committee on House Administration. By Mr. COLE: H.R. 95. A bill to reduce Federal spending and the deficit by terminating taxpayer financing of presidential election campaigns and party conventions; to the Committee on Ways and Means, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. By Mr. CONNOLLY (for himself and Mr. Poe of Texas): H.R. 96. A bill to permit the televising of Supreme Court proceedings; to the Committee on the Judiciary. By Mr. CONNOLLY (for himself and Mr. Langevin): H.R. 97. A bill to provide incentives for States to invest in practices and technology that are designed to expedite voting at the polls and to simplify voter registration; to the Committee on House Administration, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. By Mr. CONYERS: H.R. 98. A bill to provide a remedy for survivors and descendants of the victims of the Tulsa, Oklahoma Race Riot of 1921; to the Committee on the Judiciary. By Mr. CONYERS: H.R. 99. A bill to prohibit anticompetitive activities and to provide that health insurance issuers and medical malpractice insurance issuers are subject to the antitrust laws of the United States, and for other purposes; to the Committee on the Judiciary. By Mr. CONYERS (for himself, Mr. Cohen, Mr. Deutch, Mr. Nadler, Mr. Johnson of Georgia, Mr. Watt, Mr. George Miller of California, and Ms. Jackson Lee): H.R. 100. A bill to amend title 11, United States Code, to improve protections for employees and retirees in business bankruptcies; to the Committee on the Judiciary. By Mr. CONYERS (for himself, Mr. Cohen, Mr. Nadler, Mr. McDermott, Mr. Scott of Virginia, Mr. Johnson of Georgia, and Ms. Jackson Lee): H.R. 101. A bill to amend title 11 of the United States Code with respect to modification of certain mortgages on principal residences, and for other purposes; to the Committee on the Judiciary. By Mr. CONYERS (for himself and Mr. Peters of Michigan): H.R. 102. A bill to amend part E of title IV of the Social Security Act to require States to follow certain procedures in placing a child who has been removed from the custody of his or her parents; to the Committee on Ways and Means. By Mr. FATTAH: H.R. 103. A bill to amend title 31, United States Code, to provide authority to increase [[Page 51]] the debt limit when an Act of Congress provides budget authority or reduces revenues, and for other purposes; to the Committee on Ways and Means. By Mr. GARRETT: H.R. 104. A bill to recognize Jerusalem as the capital of Israel, to relocate to Jerusalem the United States Embassy in Israel, and for other purposes; to the Committee on Foreign Affairs. By Mr. GARRETT: H.R. 105. A bill to amend the Internal Revenue Code of 1986 to repeal the mandate that individuals purchase health insurance; to the Committee on Ways and Means. By Mr. GINGREY of Georgia (for himself, Ms. Tsongas, Mr. Westmoreland, Mr. Posey, Mr. Conaway, Mr. Webster of Florida, Mr. Nugent, Mrs. Black, and Mr. Wittman): H.R. 106. A bill to require any amounts remaining in a Member's Representational Allowance at the end of a fiscal year to be deposited in the Treasury and used for deficit reduction or to reduce the Federal debt; to the Committee on House Administration. By Mr. GINGREY of Georgia (for himself, Mr. Sam Johnson of Texas, Mr. Jones, Mr. Ross, Mr. Huelskamp, Mr. King of Iowa, Mr. Rokita, Mr. Pearce, Mr. Kingston, Mr. Roe of Tennessee, Mr. Broun of Georgia, Mr. Carter, Mr. Duncan of Tennessee, and Mr. Chaffetz): H.R. 107. A bill to amend title 5, United States Code, to limit the circumstances in which official time may be used by a Federal employee; to the Committee on Oversight and Government Reform. By Mr. GINGREY of Georgia: H.R. 108. A bill to provide that rates of pay for Members of Congress shall not be adjusted under section 601(a)(2) of the Legislative Reorganization Act of 1946 in the year following any fiscal year in which outlays of the United States exceed receipts of the United States; to the Committee on House Administration, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. By Mr. GINGREY of Georgia (for himself, Mr. Westmoreland, Mr. Posey, Mr. Duncan of South Carolina, Mr. Wittman, and Mrs. Blackburn): H.R. 109. A bill to require Congress to specify the source of authority under the United States Constitution for the enactment of laws, and for other purposes; to the Committee on the Judiciary, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. By Ms. HANABUSA: H.R. 110. A bill to require the Secretary of the Army to determine the validity of the claims of certain Filipinos that they performed military service on behalf of the United States during World War II; to the Committee on Armed Services, and in addition to the Committee on Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. By Ms. HANABUSA: H.R. 111. A bill to award a Congressional gold medal, collectively, to the Filipino Veterans of World War II, in recognition of their dedicated service during World War II; to the Committee on Financial Services, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. By Mr. HOLT: H.R. 112. A bill to enable States to implement integrated statewide education longitudinal data systems; to the Committee on Education and the Workforce. By Mr. HOLT (for himself, Mr. Grijalva, and Mr. Polis): H.R. 113. A bill to amend the Workforce Investment Act of 1998 to integrate public libraries into State and local workforce investment boards, and for other purposes; to the Committee on Education and the Workforce. By Mr. HOLT: H.R. 114. A bill to encourage online workforce training; to the Committee on Education and the Workforce. By Mr. HOLT (for himself, Ms. Tsongas, Mr. Grijalva, and Mr. Polis): H.R. 115. A bill to provide for grants from the Secretary of Education to State and local educational agencies for EnergySmart schools and Energy Star programs; to the Committee on Education and the Workforce. By Mr. HOLT (for himself and Mrs. Capps): H.R. 116. A bill to encourage the use of medical checklists through research, and for other purposes; to the Committee on Energy and Commerce. By Mr. HOLT: H.R. 117. A bill to provide for the mandatory licensing and registration of handguns; to the Committee on the Judiciary. By Mr. HOLT (for himself, Mr. Hanna, and Mr. Honda): H.R. 118. A bill to amend the Internal Revenue Code of 1986 to encourage teachers to pursue teaching science, technology, engineering, and math subjects at elementary and secondary schools; to the Committee on Ways and Means. By Mr. HOLT: H.R. 119. A bill to amend the Internal Revenue Code to make permanent the credit for increasing research activities; to the Committee on Ways and Means. By Mr. HOLT: H.R. 120. A bill to amend the Internal Revenue Code of 1986 to increase the credit for research expenses for 2013 and 2014 and to allow the credit to be assigned; to the Committee on Ways and Means. By Mr. HOLT: H.R. 121. A bill to amend the Internal Revenue Code of 1986 to provide a 5-year reinstatement of the real property standard deduction and to adjust such deduction for inflation; to the Committee on Ways and Means. By Mr. HOLT: H.R. 122. A bill to amend the Internal Revenue Code of 1986 to allow a credit against income tax for equity investments in high technology small business concerns; to the Committee on Ways and Means. By Mr. HOLT (for himself and Mr. George Miller of California): H.R. 123. A bill to encourage water efficiency; to the Committee on Energy and Commerce, and in addition to the Committees on Oversight and Government Reform, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. By Mr. JONES (for himself and Mr. Broun of Georgia): H.R. 124. A bill to redesignate the Department of the Navy as the Department of the Navy and Marine Corps; to the Committee on Armed Services. By Mr. JONES: H.R. 125. A bill to provide for congressional oversight of United States agreements with the Government of Afghanistan; to the Committee on Foreign Affairs. By Mr. JONES: H.R. 126. A bill to direct the Secretary of the Interior to enter into an agreement to provide for management of the free-roaming wild horses in and around the Currituck National Wildlife Refuge; to the Committee on Natural Resources. By Mr. JONES (for himself and Mr. Hudson): H.R. 127. A bill to restore the Free Speech and First Amendment rights of churches and exempt organizations by repealing the 1954 Johnson Amendment; to the Committee on Ways and Means. By Ms. KAPTUR: H.R. 128. A bill to amend the Communications Act of 1934 to require radio and television broadcasters to provide free broadcasting time for political advertising, and for other purposes; to the Committee on Energy and Commerce. By Ms. KAPTUR (for herself and Mr. Jones): H.R. 129. A bill to repeal certain provisions of the Gramm- Leach-Bliley Act and revive the separation between commercial banking and the securities business, in the manner provided in the Banking Act of 1933, the so-called ``Glass-Steagall Act'', and for other purposes; to the Committee on Financial Services. By Ms. KAPTUR: H.R. 130. A bill to amend the Federal Reserve Act to alter the terms and conditions applicable to members of the Board of Governors of the Federal Reserve System, and for other purposes; to the Committee on Financial Services. By Ms. KAPTUR: H.R. 131. A bill to provide additional resources for Federal investigations and prosecutions of crimes related to the 2008 Financial Crisis, and for other purposes; to the Committee on the Judiciary, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. By Mr. KING of Iowa: H.R. 132. A bill to repeal the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010; to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Education and the Workforce, the Judiciary, Natural Resources, House Administration, Rules, and Appropriations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. By Mr. MASSIE: H.R. 133. A bill to repeal the Gun-Free School Zones Act of 1990 and amendments to that Act; to the Committee on the Judiciary. By Mr. MATHESON (for himself, Mr. Coble, Mr. McCaul, and Mr. Peters of Michigan): H.R. 134. A bill to repeal the provision of law that provides automatic pay adjustments for Members of Congress; to the Committee on House Administration, and in addition to the Committee on Oversight and [[Page 52]] Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. By Ms. MATSUI: H.R. 135. A bill to authorize improvements to flood damage reduction facilities adjacent to the American and Sacramento Rivers near Sacramento, California, and for other purposes; to the Committee on Transportation and Infrastructure. By Ms. MATSUI: H.R. 136. A bill to authorize certain civil works projects, and for other purposes; to the Committee on Transportation and Infrastructure. By Mrs. McCARTHY of New York: H.R. 137. A bill to ensure that all individuals who should be prohibited from buying a firearm are listed in the national instant criminal background check system and require a background check for every firearm sale; to the Committee on the Judiciary. By Mrs. McCARTHY of New York (for herself and Ms. DeGette): H.R. 138. A bill to prohibit the transfer or possession of large capacity ammunition feeding devices, and for other purposes; to the Committee on the Judiciary. By Mr. MARKEY: H.R. 139. A bill to preserve the Arctic coastal plain of the Arctic National Wildlife Refuge, Alaska, as wilderness in recognition of its extraordinary natural ecosystems and for the permanent good of present and future generations of Americans; to the Committee on Natural Resources. By Mr. KING of Iowa (for himself, Mr. Gingrey of Georgia, Mr. Westmoreland, Mr. Woodall, Mr. Jones, Mr. Brooks of Alabama, Mrs. Black, Ms. Foxx, Mr. Culberson, Mr. Miller of Florida, Mr. Conaway, Mr. Gohmert, Mr. Nugent, and Mr. Barletta): H.R. 140. A bill to amend section 301 of the Immigration and Nationality Act to clarify those classes of individuals born in the United States who are nationals and citizens of the United States at birth; to the Committee on the Judiciary. By Mrs. McCARTHY of New York: H.R. 141. A bill to require criminal background checks on all firearms transactions occurring at gun shows; to the Committee on the Judiciary. By Mrs. McCARTHY of New York: H.R. 142. A bill to require face to face purchases of ammunition, to require licensing of ammunition dealers, and to require reporting regarding bulk purchases of ammunition; to the Committee on the Judiciary. By Mr. RIGELL: H.R. 143. A bill to amend title 5, United States Code, to provide that matching contributions to the Thrift Savings Fund for Members of Congress be made contingent on Congress completing action on a concurrent resolution on the budget, for the fiscal year involved, which reduces the deficit, and for other purposes; to the Committee on House Administration, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. By Mr. SIMPSON: H.R. 144. A bill to amend title 28, United States Code, to provide for the appointment of additional Federal circuit judges, to divide the Ninth Judicial Circuit of the United States into two judicial circuits, and for other purposes; to the Committee on the Judiciary. By Mr. SIMPSON: H.R. 145. A bill to establish certain wilderness areas in central Idaho and to authorize various land conveyances involving National Forest System land and Bureau of Land Management land in central Idaho; to the Committee on Natural Resources. By Mr. SIRES: H.R. 146. A bill to amend the Public Health Service Act to provide for the expansion, intensification, and coordination of the programs and activities of the National Institutes of Health with respect to Tourette syndrome; to the Committee on Energy and Commerce. By Mr. THORNBERRY (for himself, Mr. Barton, Mr. Broun of Georgia, Mr. Conaway, Mr. Culberson, Mr. Rogers of Kentucky, Mr. Sessions, Mr. Womack, Mr. Wilson of South Carolina, Mr. Franks of Arizona, Mr. Graves of Georgia, Mr. Jones, Mr. Nugent, Mr. Roe of Tennessee, Mr. Rokita, Mr. Young of Florida, Mr. McKinley, Mr. Olson, Mr. Rahall, Mr. Rogers of Alabama, Mr. Issa, Mr. Hall, Mr. Bachus, Mr. Turner, Mr. Sensenbrenner, Mr. Duncan of Tennessee, Mr. Smith of Texas, and Mr. Yoder): H.R. 147. A bill to repeal the Federal estate and gift taxes; to the Committee on Ways and Means. By Mr. VAN HOLLEN (for himself, Mr. Clyburn, Mr. Becerra, Mr. Crowley, Ms. DeLauro, Mr. Andrews, Mr. Cuellar, Mr. Pallone, Mr. Israel, Mr. Larson of Connecticut, Mr. Brady of Pennsylvania, and Ms. Lofgren): H.R. 148. A bill to amend the Federal Election Campaign Act of 1971 to provide for additional disclosure requirements for corporations, labor organizations, and other entities, and for other purposes; to the Committee on House Administration, and in addition to the Committees on the Judiciary, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. By Mr. WEBSTER of Florida: H.R. 149. A bill to specify the priority of the obligations of the United States Government if the debt ceiling is reached; to the Committee on Ways and Means. By Mr. YODER (for himself and Ms. Jenkins): H.R. 150. A bill to amend the Legislative Reorganization Act of 1946 to reduce the rates of pay of Members of Congress by 5 percent and eliminate future cost-of-living adjustments in such rates of pay; to the Committee on House Administration, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. By Mr. YODER (for himself and Ms. Jenkins): H.R. 151. A bill to amend title 5, United States Code, to provide for the termination of further retirement benefits for Members of Congress, except the right to continue participating in the Thrift Savings Plan; to the Committee on House Administration, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. By Mr. GOODLATTE (for himself, Mr. Bachus, Mr. Bilirakis, Mrs. Blackburn, Mr. Boustany, Mr. Buchanan, Mr. Chabot, Mr. Chaffetz, Mr. Coffman, Mr. Collins of Georgia, Mr. Conaway, Mr. Crawford, Mr. Culberson, Mr. Duncan of South Carolina, Mr. Duncan of Tennessee, Mr. Franks of Arizona, Mr. Garrett, Mr. Gerlach, Mr. Griffith of Virginia, Mr. Huizenga of Michigan, Mr. Hultgren, Mr. Hurt, Mr. King of Iowa, Mr. Labrador, Mr. Lamborn, Mr. Lance, Mr. Luetkemeyer, Mr. Marino, Mrs. Miller of Michigan, Mr. Miller of Florida, Mr. Mulvaney, Mr. Nugent, Mr. Olson, Mr. Poe of Texas, Mr. Posey, Mrs. McMorris Rodgers, Mr. Roe of Tennessee, Mr. Roskam, Mr. Smith of Texas, Mr. Sensenbrenner, Mr. Walberg, Mr. Westmoreland, Mr. Wilson of South Carolina, Mr. Dent, Mr. Palazzo, Mr. McKinley, Mr. Pearce, Mr. Gibbs, and Mr. Broun of Georgia): H.J. Res. 1. A joint resolution proposing a balanced budget amendment to the Constitution of the United States; to the Committee on the Judiciary. By Mr. GOODLATTE (for himself, Mr. DeFazio, Mr. Bachus, Mr. Boustany, Mr. Buchanan, Mr. Chabot, Mr. Chaffetz, Mr. Coble, Mr. Crawford, Mr. Amodei, Mr. Diaz-Balart, Mr. Franks of Arizona, Mr. Gerlach, Mr. Griffith of Virginia, Mr. Huizenga of Michigan, Mr. Jones, Mr. Lance, Mr. Luetkemeyer, Mr. Mulvaney, Mr. Nugent, Mr. Posey, Mr. Hurt, Mr. Culberson, Mr. Roe of Tennessee, Mr. Duncan of Tennessee, Mr. Hultgren, Mr. Lamborn, Mr. Harper, Mr. Conaway, Mr. Walden, Mrs. Capito, Mr. Shuster, Mr. King of Iowa, Mr. Marino, Mr. Schock, Mr. Garrett, Mr. Wolf, Mr. Sensenbrenner, Mr. Collins of Georgia, Mr. Miller of Florida, Mr. Price of Georgia, Mr. Roskam, Mr. Smith of Texas, Mr. Stivers, Mr. Walberg, Mr. Wilson of South Carolina, Mrs. Black, Mr. Coffman, Mr. Labrador, Mrs. Blackburn, Mr. Thornberry, Mr. Petri, Mrs. McMorris Rodgers, Mr. Olson, Mr. Bilirakis, Mr. Bonner, Mr. Yoder, Mr. Westmoreland, Mrs. Miller of Michigan, Mr. Duncan of South Carolina, Mr. Poe of Texas, Mr. Gary G. Miller of California, Mr. Dent, Mr. Palazzo, Mr. McKinley, Mr. Rogers of Michigan, Mr. Calvert, Mrs. Ellmers, Mr. Fitzpatrick, Mr. Pearce, Mr. Neugebauer, Mr. Gibbs, Mr. Fortenberry, and Mr. Broun of Georgia): H.J. Res. 2. A joint resolution proposing a balanced budget amendment to the Constitution of the United States; to the Committee on the Judiciary. By Ms. JACKSON LEE: H.J. Res. 3. A joint resolution expressing support for designation of September 2013 as ``Gospel Music Heritage Month'' and honoring gospel music for its valuable and longstanding contributions to the culture of the United States; to the Committee on Oversight and Government Reform. By Mr. BARROW (for himself and Mr. Cuellar): H.J. Res. 4. A joint resolution proposing a balanced budget amendment to the Constitution of the United States; to the Committee on the Judiciary. [[Page 53]] By Mr. BUCHANAN: H.J. Res. 5. A joint resolution proposing an amendment to the Constitution of the United States relative to balancing the budget; to the Committee on the Judiciary. By Mr. BUCHANAN: H.J. Res. 6. A joint resolution proposing a balanced budget amendment to the Constitution of the United States; to the Committee on the Judiciary. By Mrs. CHRISTENSEN (for herself and Ms. Bordallo): H.J. Res. 7. A joint resolution proposing an amendment to the Constitution of the United States regarding presidential election voting rights for residents of all United States territories and commonwealths; to the Committee on the Judiciary. By Mr. FITZPATRICK: H.J. Res. 8. A joint resolution proposing an amendment to the Constitution of the United States to limit the number of terms that a Member of Congress may serve to 4 in the House of Representatives and 2 in the Senate; to the Committee on the Judiciary. By Mr. McCLINTOCK: H.J. Res. 9. A joint resolution proposing an amendment to the Constitution of the United States prohibiting the United States government from increasing its debt except for a specific purpose by law adopted by three-fourths of the membership of each House of Congress; to the Committee on the Judiciary. By Mr. SCHWEIKERT: H.J. Res. 10. A joint resolution proposing an amendment to the Constitution of the United States requiring that the Federal budget be balanced and that an increase in the Federal debt requires approval from a majority of the legislatures of the several States; to the Committee on the Judiciary. By Mr. TERRY: H.J. Res. 11. A joint resolution proposing a balanced budget amendment to the Constitution of the United States; to the Committee on the Judiciary. By Mr. SESSIONS: H. Con. Res. 1. Concurrent resolution regarding consent to assemble outside the seat of government; considered and agreed to. By Ms. JACKSON LEE: H. Con. Res. 2. Concurrent resolution expressing the sense of Congress that a commemorative postage stamp should be issued in honor of George Thomas ``Mickey'' Leland; to the Committee on Oversight and Government Reform. By Mr. JONES: H. Con. Res. 3. Concurrent resolution expressing the sense of Congress that the use of offensive military force by a President without prior and clear authorization of an Act of Congress constitutes an impeachable high crime and misdemeanor under article II, section 4 of the Constitution; to the Committee on the Judiciary. By Mr. Gary G. MILLER of California (for himself and Mr. Sherman): H. Con. Res. 4. Concurrent resolution expressing the sense of the Congress that the current Federal income tax deduction for interest paid on debt secured by a first or second home should not be further restricted; to the Committee on Ways and Means. By Mr. WALZ: H. Con. Res. 5. Concurrent resolution authorizing the use of Emancipation Hall in the Capitol Visitor Center for an event to celebrate the Mississippi River and its status as a vital resource of the United States; to the Committee on House Administration. By Mrs. McMORRIS RODGERS: H. Res. 1. A resolution electing officers of the House of Representatives; considered and agreed to. By Mr. CANTOR: H. Res. 2. A resolution to inform the Senate that a quorum of the House has assembled and of the election of the Speaker and the Clerk; considered and agreed to. By Mr. CANTOR: H. Res. 3. A resolution authorizing the Speaker to appoint a committee to notify the President of the assembly of the Congress; considered and agreed to. By Mr. DINGELL: H. Res. 4. A resolution authorizing the Clerk to inform the President of the election of the Speaker and the Clerk; considered and agreed to. By Mr. CANTOR: H. Res. 5. A resolution adopting rules for the One Hundred Thirteenth Congress; considered and agreed to. By Mrs. McMORRIS RODGERS: H. Res. 6. A resolution electing Members to certain standing committees of the House of Representatives; considered and agreed to. By Mr. BECERRA: H. Res. 7. A resolution electing Members to certain standing committees of the House of Representatives; considered and agreed to. By Mr. BECERRA: H. Res. 8. A resolution providing for the designation of certain minority employees; considered and agreed to. By Mr. SESSIONS: H. Res. 9. A resolution fixing the daily hour of meeting of the First Session of the One Hundred Thirteenth Congress; considered and agreed to. By Ms. FUDGE (for herself, Ms. Clarke, Mr. Cohen, Mr. Rush, Ms. Norton, Mr. Thompson of Mississippi, Mr. Clay, Mr. Conyers, Mrs. Beatty, Mr. Al Green of Texas, Mr. Johnson of Georgia, Mr. Richmond, and Ms. Wilson of Florida): H. Res. 10. A resolution recognizing the 100th Anniversary of Delta Sigma Theta Sorority, Incorporated; to the Committee on Education and the Workforce. By Mr. WELCH (for himself, Mr. Clyburn, and Mr. Courtney): H. Res. 11. A resolution amending the Rules of the House of Representatives to reinstate the ``Gephardt rule''; to the Committee on Rules. By Mr. WELCH (for himself, Mr. Clyburn, Mr. Courtney, and Mr. Yarmuth): H. Res. 12. A resolution amending the Rules of the House of Representatives to require that any extension of the public debt limit only be considered in a standalone bill; to the Committee on Rules. By Mr. GINGREY of Georgia (for himself, Mr. Westmoreland, Mr. Posey, and Mr. Conaway): H. Res. 13. A resolution amending the Rules of the House of Representatives to require that general appropriations for military construction and veterans' affairs be considered as stand-alone measures; to the Committee on Rules. By Mr. HOYER: H. Res. 14. A resolution amending the Rules of the House of Representatives to permit Delegates and the Resident Commissioner to the Congress to cast votes in the Committee of the Whole House on the state of the Union; to the Committee on Rules. By Ms. JACKSON LEE: H. Res. 15. A resolution expressing the sense of the House of Representatives that the Transportation Security Administration should, in accordance with existing law, enhance security against terrorist attack and other security threats to our Nation's rail and mass transit systems and other modes of surface transportation; and for other purposes; to the Committee on Homeland Security. By Mr. SCHWEIKERT: H. Res. 16. A resolution amending the Rules of the House of Representatives to prohibit the consideration of any bill or joint resolution carrying more than one subject; to the Committee on Rules. ____________________ CONSTITUTIONAL AUTHORITY STATEMENT Pursuant to clause 7 of rule XII of the Rules of the House of Representatives, the following statements are submitted regarding the specific powers granted to Congress in the Constitution to enact the accompanying bill or joint resolution. By Mr. MORAN: H.R. 21. Congress has the power to enact this legislation pursuant to the following: This bill is enacted pursuant to the power granted to Congress under Article I, Section 8, Clause 3 of the United States Constitution. By Mr. POE of Texas: H.R. 22. Congress has the power to enact this legislation pursuant to the following: Clause 8 of section 8 of Article I of the Constitution. By Mr. BROUN of Georgia: H.R. 23. Congress has the power to enact this legislation pursuant to the following: To accompany: Section 5 of the 14th article of Amendment to the Constitution of the United States, which states ``The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.'' Section one of this article states ``. . . nor shall any State deprive any person of life, liberty, or property, without due process of law. . .'' The Sanctity of Human Life Act allows for constitutional protection for the unborn that they not ``be deprived of life, liberty, or property, without due process of the law'' afforded under the 5th Amendment. By Mr. BROUN of Georgia: H.R. 24. Congress has the power to enact this legislation pursuant to the following: This legislation is authorized by Article I, Section 8 of the Constitution: ``To coin money, regulate the value thereof, and of foreign coin, and fix the standards of weights and measures'' and ``To provide for the punishment of counterfeiting the securities and current coin of the United States.'' By Mr. WOODALL: H.R. 25. Congress has the power to enact this legislation pursuant to the following: Clause 1, Section 8 of Article 1 of the United States Constitution which reads: ``The Congress shall have Power to lay and collect Taxes, Duties, Imposts, and Excises, to pay the Debts, and provide for the common Defense and General Welfare of the United States; but all Duties and Imposts and Excises shall be uniform throughout the United States.'' By Ms. VELAZQUEZ: H.R. 26. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 1; and including, but not solely limited to Article I, Section 8, Clause 14. [[Page 54]] By Ms. VELAZQUEZ: H.R. 27. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 3; and including, but not solely limited to Article I, Section 8, Clause 14. By Ms. VELAZQUEZ: H.R. 28. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 1 The Congress shall have Power to . . . provide for the . . . general Welfare of the United States; . . . Article I, Section 8, Clause 3 The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. By Ms. VELAZQUEZ: H.R. 29. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 1 The Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States. By Ms. VELAZQUEZ: H.R. 30. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 1 The Congress shall have Power to . . . provide for the . . . general Welfare of the United States; . . . Article I, Section 8, Clause 3 The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. By Ms. VELAZQUEZ: H.R. 31. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 1 The Congress shall have Power to . . . provide for the . . . general Welfare of the United States; . . . Article I, Section 8, Clause 3 The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. By Mr. WILSON of South Carolina: H.R. 32. Congress has the power to enact this legislation pursuant to the following: Article 1, Section 8 The Congress shall have the power to provide for the common defense. By Mr. STOCKMAN: H.R. 33. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8 ``The Congress shall have Power . . . To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures'' By Mr. RUSH: H.R. 34. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 3 ``The Congress shall have Power ``to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.'' By Mr. STOCKMAN: H.R. 35. Congress has the power to enact this legislation pursuant to the following: Article I of the U.S. Constitution, Second Amendment, Ninth Amendment and Tenth Amendment By Mr. DENT: H.R. 36. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8 of the U.S. Constitution. By Mr. BARROW: H.R. 37. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8 of the United States Constitution. By Mr. FLEMING: H.R. 38. Congress has the power to enact this legislation pursuant to the following: The constitutional authority of Congress to enact this legislation is provided by Amendment 16 of the U.S. Constitution, which grants Congress the power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration. By Mr. YOUNG of Alaska: H.R. 39. Congress has the power to enact this legislation pursuant to the following: Article 1, Section 8, Clause 3. By Mr. CONYERS: H.R. 40. Congress has the power to enact this legislation pursuant to the following: Pursuant to Section 5 of the Fourteenth Amendment to the United States Constitution, Congress shall have the power to enact appropriate laws protecting the civil rights of all Americans. By Mr. GARRETT: H.R. 41. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 1 (The Congress shall have Power To lay and collect Taxes, Duties, Imposts, and Excises to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, imposts, and Excises shall be uniform throughout the United States.;) Article I, Section 9, Clause 7 (No Money shall be drawn from the Treasury, but in consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time) and Article I, Section 8, Clause 18 (To make all Laws which shall be necessary and proper for carrying into execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department of Officer thereof). The Constitution exclusively bestows to Congress the power of the purse and this legislation would increase the amount of borrowing authority of the Federal Emergency Management Agency for carrying out the national flood insurance program. By Mrs. BACHMANN: H.R. 42. Congress has the power to enact this legislation pursuant to the following: Article One, Section Eight, wherein it states ``Congress shall have power . . . to raise and support Armies.'' By Mrs. BACHMANN: H.R. 43. Congress has the power to enact this legislation pursuant to the following: The constitutional authority on which this bill rests is the power of Congress to establish Post Offices and post roads, as enumerated in Article I, Section 8, Clause 7 of the United States Constitution. By Ms. BORDALLO: H.R. 44. Congress has the power to enact this legislation pursuant to the following: To make all rules and regulations respecting the Territories and possessions as enumerated in Article IV, Section 3, Clause 2 of the United States Constitution By Mrs. BACHMANN: H.R. 45. Congress has the power to enact this legislation pursuant to the following: This bill makes specific changes to existing law in a manner that returns power to the States and to the People, in accordance with Amendment X of the United States Constitution. By Mrs. BACHMANN: H.R. 46. Congress has the power to enact this legislation pursuant to the following: This bill makes specific changes to existing law in a manner that returns power to the States and to People, in accordance with Amendment X to the U.S. Constitution. By Mr. BISHOP of New York: H.R. 47. Congress has the power to enact this legislation pursuant to the following: Section 8 of the U.S. Constitution. By Mr. BISHOP of New York: H.R. 48. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8 of the U.S. Constitution. By Mr. YOUNG of Alaska: H.R. 49. Congress has the power to enact this legislation pursuant to the following: Article IV, Section 3, Clause 2 By Mr. GEORGE MILLER of California: H.R. 50. Congress has the power to enact this legislation pursuant to the following: Article I, Section 4 of the Constitution of the United States grants Congress the authority to enact this bill. By Mr. FITZPATRICK: H.R. 51. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 1 of the U.S. Constitution: ``The Congress shall have the Power to lay and collect Taxes, Duties, Imposts, and Excises, to pay the Debts and Provide for the common Defense and general Welfare of the United States'' By Mr. FITZPATRICK: H.R. 52. Congress has the power to enact this legislation pursuant to the following: Commerce Power, Article I, Section 8, Clause 3; and The Necessary and Proper Clause, Article I, Section 8, Clause 18; By Mr. FITZPATRICK: H.R. 53. Congress has the power to enact this legislation pursuant to the following: Commerce Power, Art. I, Sec. 8, Cl. 3; The Necessary and Proper Clause, Art. I, Sec. 8, Cl. 18 By Mr. FITZPATRICK: H.R. 54. Congress has the power to enact this legislation pursuant to the following: Clause 1 of Section 6 of Article I of the Constitution, which states ``The Senators and Representatives shall receive a Compensation for their Services, to be [[Page 55]] ascertained by Law, and paid out of the Treasury of the United States.'' and Clause 1 of Section 1 of Article I, which states ``All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.'' By Mr. FITZPATRICK: H.R. 55. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 1 of the United States Constitution. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States By Mrs. BLACKBURN: H.R. 56. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 1 and Article I, Section 9, Clause 7 of the United States Constitution. By Mrs. BLACKBURN: H.R. 57. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 1 and Article I, Section 9, Clause 7 of the United States Constitution. By Mrs. BLACKBURN: H.R. 58. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 1 and Article I, Section 9, Clause 7 of the United States Constitution. By Mrs. BLACKBURN: H.R. 59. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 1 and Article I, Section 9, Clause 7 of the United States Constitution. By Ms. JACKSON LEE: H.R. 60. Congress has the power to enact this legislation pursuant to the following: This bill is enacted pursuant to the power granted to Congress under Article 1, Section 8, Clause 1 of the United States Constitution. By Mrs. BLACKBURN: H.R. 61. Congress has the power to enact this legislation pursuant to the following: The Congress enacts this bill pursuant to Clause 1 of Section 8 of Article I of the United States Constitution. By Ms. JACKSON LEE: H.R. 62. Congress has the power to enact this legislation pursuant to the following: This bill is enacted pursuant to the power granted to Congress under Article 1, Section 8, Clause 1 of the United States Constitution. By Mrs. BLACKBURN: H.R. 63. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 1 (relating to the power of Congress to provide for the general welfare of the United States) and Clause 18 (relating to the power of Congress to make all laws necessary and proper for carrying out the powers vested in Congress and the Executive Branch), and Article IV, Section 3, Clause 2 (relating to the power of Congress to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States) of the Constitution of the United States. By Ms. JACKSON LEE: H.R. 64. Congress has the power to enact this legislation pursuant to the following: This bill is enacted pursuant to the power granted to Congress under Article 1, Section 8, Clause 1 of the United States Constitution. By Ms. JACKSON LEE: H.R. 65. Congress has the power to enact this legislation pursuant to the following: This bill is enacted pursuant to the power granted to Congress under Article 1, Section 8, Clause 1 of the United States Constitution. By Ms. JACKSON LEE: H.R. 66. Congress has the power to enact this legislation pursuant to the following: This bill is enacted pursuant to the power granted to Congress under Article 1, Section 8, Clause 1 of the United States Constitution. By Mrs. BLACKBURN: H.R. 67. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 1 and Article I, Section 8, Clause 14. By Ms. JACKSON LEE: H.R. 68. Congress has the power to enact this legislation pursuant to the following: This bill is enacted pursuant to the power granted to Congress under Article 1, Section 8, Clause 1 of the United States Constitution. By Ms. BORDALLO: H.R. 69. Congress has the power to enact this legislation pursuant to the following: This bill is enacted pursuant to the power granted Congress under Article 1, Section 8 of the United States Constitution. By Ms. JACKSON LEE: H.R. 70. Congress has the power to enact this legislation pursuant to the following: This bill is enacted pursuant to the power granted to Congress under Article 1, Section 8, Clause 1 of the United States Constitution. By Ms. BORDALLO: H.R. 71. Congress has the power to enact this legislation pursuant to the following: This bill is enacted pursuant to the power granted Congress under Article 1, Section 8 of the United States Constitution. By Ms. JACKSON LEE: H.R. 72. Congress has the power to enact this legislation pursuant to the following: This bill is enacted pursuant to the power granted to Congress under Article 1, Section 8, Clause 1 of the United States Constitution. By Mr. BROUN of Georgia: H.R. 73. Congress has the power to enact this legislation pursuant to the following: This legislation is authorized by Article I, Section 8 of the Constitution: ``To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States.'' This includes the power to repeal legislation that exercises power beyond that which is granted to the Congress in the Constitution. By Ms. JACKSON LEE: H.R. 74. Congress has the power to enact this legislation pursuant to the following: This bill is enacted pursuant to the power granted to Congress under Article 1, Section 8, Clause 1 of the United States Constitution. By Mr. BROUN of Georgia: H.R. 75. Congress has the power to enact this legislation pursuant to the following: This legislation is authorized by Article I, Section 8 of the Constitution: ``To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States.'' By Ms. JACKSON LEE: H.R. 76. Congress has the power to enact this legislation pursuant to the following: This bill is enacted pursuant to the power granted to Congress under Article 1, Section 8, Clause 1 of the United States Constitution. By Mr. BROUN of Georgia: H.R. 77. Congress has the power to enact this legislation pursuant to the following: This legislation is authorized by Article I, Section 8 of the Constitution: ``To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures'' and ``To provide for the punishment of counterfeiting the securities and current coin of the United States.'' It is also authorized by Article I, Section 8, Clause 3: ``To regulate commerce with foreign nations, and among the several States, and with the Indian Tribes.'' By Ms. JACKSON LEE: H.R. 78. Congress has the power to enact this legislation pursuant to the following: This bill is enacted pursuant to the power granted to Congress under Article 1, Section 8, Clause 1 of the United States Constitution. By Mrs. CHRISTENSEN: H.R. 79. Congress has the power to enact this legislation pursuant to the following: The constitutional authority on which this bill rests is Article 1 of the U.S. Constitution that grants Congress the authority to tax and spend for the general welfare. By Ms. JACKSON LEE: H.R. 80. Congress has the power to enact this legislation pursuant to the following: This bill is enacted pursuant to the power granted to Congress under Article 1, Section 8, Clause 1 of the United States Constitution. By Mrs. CHRISTENSEN: H.R. 81. Congress has the power to enact this legislation pursuant to the following: The constitutional authority on which this bill rests is the power of Congress to enact bills pursuant to clause 1 of section 8 of article I of the Constitution. Pursuant to this clause, Congress has the authority to ``provide for the.... general welfare of the United States.'' Included in the concept of `general welfare' is Congress's authority to spend money to provide for the health of the citizenry. By Ms. JACKSON LEE: H.R. 82. Congress has the power to enact this legislation pursuant to the following: This bill is enacted pursuant to the power granted to Congress under Article 1, Section 8, Clause 1 of the United States Constitution. By Mrs. CHRISTENSEN: H.R. 83. Congress has the power to enact this legislation pursuant to the following: ``Article IV, section 3 of the Constitution of the United States grant Congress the authority to make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.'' By Ms. JACKSON LEE: H.R. 84. Congress has the power to enact this legislation pursuant to the following: [[Page 56]] This bill is enacted pursuant to the power granted to Congress under Article 1, Section 8, Clause 1 of the United States Constitution. By Mrs. CHRISTENSEN: H.R. 85. Congress has the power to enact this legislation pursuant to the following: ``Article IV, section 3 of the Constitution of the United States grant Congress the authority to make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.'' By Ms. JACKSON LEE: H.R. 86. Congress has the power to enact this legislation pursuant to the following: This bill is enacted pursuant to the power granted to Congress under Article 1, Section 8, Clause 1 of the United States Constitution. By Mrs. CHRISTENSEN: H.R. 87. Congress has the power to enact this legislation pursuant to the following: ``Article IV, section 3 of the Constitution of the United States grant Congress the authority to make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.'' By Ms. JACKSON LEE: H.R. 88. Congress has the power to enact this legislation pursuant to the following: This bill is enacted pursuant to the power granted to Congress under Article 1, Section 8, Clause 1 of the United States Constitution. By Mrs. CHRISTENSEN: H.R. 89. Congress has the power to enact this legislation pursuant to the following: ``Article IV, section 3 of the Constitution of the United States grant Congress the authority to make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.'' By Ms. JACKSON LEE: H.R. 90. Congress has the power to enact this legislation pursuant to the following: This bill is enacted pursuant to the power granted to Congress under Article 1, Section 8, Clause 1 of the United States Constitution. By Mrs. CHRISTENSEN: H.R. 91. Congress has the power to enact this legislation pursuant to the following: ``Article IV, section 3 of the Constitution of the United States grant Congress the authority to make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.'' By Mrs. CHRISTENSEN: H.R. 92. Congress has the power to enact this legislation pursuant to the following: ``Article IV, section 3 of the Constitution of the United States grant Congress the authority to make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.'' By Mr. CICILLINE: H.R. 93. Congress has the power to enact this legislation pursuant to the following: Article I Section 8 By Mr. COLE: H.R. 94. Congress has the power to enact this legislation pursuant to the following: Amendment XVI to the United States Constitution. Additionally, since the Constitution does not provide Congress with the power to provide financial support to U.S. political parties, the general repeal of the Presidential Election Campaign Fund for this purpose is consistent with the powers that are reserved to the States and to the people as expressed in Amendments IX and X to the United States Constitution. Further, Article I Section 8 defines the scope and powers of Congress and does not include this concept of taxation in furtherance of funding U.S. political parties within the expressed powers. By Mr. COLE: H.R. 95. Congress has the power to enact this legislation pursuant to the following: Amendment XVI to the United States Constitution. Additionally, since the Constitution does not provide Congress with the power to provide financial support to candidates seeking election to offices of the United States or to U.S. political parties, the general repeal of the presidential election fund is consistent with the powers that are reserved to the States and to the people as expressed in Amendment X to the United States Constitution. Further, Article I Section 8 defines the scope and powers of Congress and does not include this concept of taxation in furtherance of funding campaigns within the delegated powers. By Mr. CONNOLLY: H.R. 96. Congress has the power to enact this legislation pursuant to the following: The ``necessary and proper'' clause of Article 1, Section 8 of the United States Constitution. By Mr. CONNOLLY: H.R. 97. Congress has the power to enact this legislation pursuant to the following: Article I, Section 4 of the United States Constitution. By Mr. CONYERS: H.R. 98. Congress has the power to enact this legislation pursuant to the following: Pursuant to Section 5 of the Fourteenth Amendment to the United States Constitution, Congress shall have the power to enact appropriate laws protecting the civil rights of all Americans. By Mr. CONYERS: H.R. 99. Congress has the power to enact this legislation pursuant to the following: U.S. Constitution, Article I, Section 8, Clause 3. By Mr. CONYERS: H.R. 100. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 4 By Mr. CONYERS: H.R. 101. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 4 By Mr. CONYERS: H.R. 102. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 1. By Mr. FATTAH: H.R. 103. Congress has the power to enact this legislation pursuant to the following: The Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States. By Mr. GARRETT: H.R. 104. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 1 (The Congress shall have Power to lay and collect Taxes, Duties, Imposts, and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;), Article I, Section 9, Clause 7 (No Money shall be drawn from the Treasury, but in consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time), and Article I, Section 8, Clause 18 (To make all Laws which shall be necessary and proper for carrying into execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department of Officer thereof). This legislation authorizes appropriations for ``Acquisition and Maintenance of Buildings Abroad'' for the Department of State, such sums as may be necessary to establish a United States Embassy in Israel in the capital of Jerusalem. By Mr. GARRETT: H.R. 105. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 1 (The Congress shall have Power to lay and collect Taxes, Duties, Imposts, and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;), Article I, Section 9, Clause 5 (No Capitation, or other direct, Tax shall be laid unless in Proportion to the Census or Enumeration herein before directed to be taken), and Article I, Section 8, Clause 18 (To make all Laws which shall be necessary and proper for carrying into execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department of Officer thereof). In National Federation of Independent Business v. Sebelius, the Supreme Court ruled that the financial penalty for failing to purchase health insurance as mandated by the Affordable Care Act is a tax that Congress may impose through the taxing power. Even if the penalty imposed by the Affordable Care Act must be construed to be a tax, it does not satisfy the three types of taxes--income, excise, or direct--that are listed as valid in the Constitution. The penalty is not assessed on income so it is not a valid income tax. The penalty is not assessed uniformly and is triggered by economic inactivity so it is not a valid excise tax. Finally, the penalty is not apportioned among the states by population and therefore is not a valid direct tax. The tax imposed by the Affordable Care Act, by every measure, extends beyond the taxing power granted to Congress by the Constitution and it is only necessary and proper that Congress repeal the individual mandate. By Mr. GINGREY of Georgia: H.R. 106. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 1 of the Constitution that states, ``The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts. . .'' By Mr. GINGREY of Georgia: H.R. 107. [[Page 57]] Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 3 of the Constitution states ``To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.'' Article I, Section 8, Clause 18 of the Constitution states ``To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States or in any Department or Officer thereof.'' By Mr. GINGREY of Georgia: H.R. 108. Congress has the power to enact this legislation pursuant to the following: Article I, Section 6, Clause 1 of the Constitution states ``The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States.'' The 27th Amendment of the Constitution states ``No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.'' By Mr. GINGREY of Georgia: H.R. 109. Congress has the power to enact this legislation pursuant to the following: Article I, Section 5, Clause 2 of the Constitution that states, ``Each House may determine the Rules of its Proceedings'' By Ms. HANABUSA: H.R. 110. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 18 of the Constitution By Ms. HANABUSA: H.R. 111. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 18 of the Constitution By Mr. HOLT: H.R. 112. Congress has the power to enact this legislation pursuant to the following: Article 1 of the United States Constitution. By Mr. HOLT: H.R. 113. Congress has the power to enact this legislation pursuant to the following: Article I of the Constitution of the United States By Mr. HOLT: H.R. 114. Congress has the power to enact this legislation pursuant to the following: Article I of the Constitution of the United States By Mr. HOLT: H.R. 115. Congress has the power to enact this legislation pursuant to the following: Article 1 of the United States Constitution. By Mr. HOLT: H.R. 116. Congress has the power to enact this legislation pursuant to the following: Article 1 of the United States Constitution. By Mr. HOLT: H.R. 117. Congress has the power to enact this legislation pursuant to the following: Article I of the United States Constitution. By Mr. HOLT: H.R. 118. Congress has the power to enact this legislation pursuant to the following: Article I of the Constitution of the United States By Mr. HOLT: H.R. 119. Congress has the power to enact this legislation pursuant to the following: Article I of the Constitution of the United States By Mr. HOLT: H.R. 120. Congress has the power to enact this legislation pursuant to the following: Article I of the Constitution of the United States By Mr. HOLT: H.R. 121. Congress has the power to enact this legislation pursuant to the following: Article I of the Constitution of the United States By Mr. HOLT: H.R. 122. Congress has the power to enact this legislation pursuant to the following: Article I of the Constitution of the United States By Mr. HOLT: H.R. 123. Congress has the power to enact this legislation pursuant to the following: Article I of the Constitution of the United States. By Mr. JONES: H.R. 124. Congress has the power to enact this legislation pursuant to the following: The constitutional authority of Congress to enact this legislation is provided by Article 1, section 8 of the United States Constitution (clauses 12, 13, 14, and 16), which grants Congress the power to raise and support an Army; to provide and maintain a Navy; to make rules for the government and regulation of the land and naval forces; and to provide for organizing, arming, and disciplining the militia. By Mr. JONES: H.R. 125. Congress has the power to enact this legislation pursuant to the following: This bill is enacted pursuant to the power granted to Congress under Article I, Section 8, Clause 11, and Article II, Section 2, Clause 2 of the United States Constitution. By Mr. JONES: H.R. 126. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, and Article IV, Section 3, of the Constitution of the United States. By Mr. JONES: H.R. 127. Congress has the power to enact this legislation pursuant to the following: The constitutional authority of Congress to enact this legislation is provided by the First Amendment of the United States Constitution, which states that, among other things, Congress shall make no law prohibiting the free exercise of religion. By Ms. KAPTUR: H.R. 128. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 3 and Article I, Section 8, Clause 18 By Ms. KAPTUR: H.R. 129. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 3 and Article I, Section 8, Clause 18 By Ms. KAPTUR: H.R. 130. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 18 By Ms. KAPTUR: H.R. 131. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 3 and Article I, Section 8, Clause 18 By Mr. KING of Iowa: H.R. 132. Congress has the power to enact this legislation pursuant to the following: This bill makes specific changes to existing law in a manner that returns power to the States and to the People, consistent with Amendment X of the United States Constitution. By Mr. MASSIE: H.R. 133. Congress has the power to enact this legislation pursuant to the following: This Act is justified by the lack of a mandate or assertion of authority in the United States Constitution for the federal government to establish the laws affected by this Act; by Article One of the United States Constitution that grants legislative powers; by the Second Amendment to the United States Constitution that recognizes the right to bear arms; and by the Ninth and Tenth Amendments to the United States Constitution, which recognize that rights and powers are retained and reserved by the people and to the States. By Mr. MATHESON: H.R. 134. Congress has the power to enact this legislation pursuant to the following: Article I, Section 6, Clause 1 of the United States Constitution and Amendment XXVII of the United States Constitution grants Congress the authority to enact this legislation. By Ms. MATSUI: H.R. 135. Congress has the power to enact this legislation pursuant to the following: Article 1, Section 8, Clause 3 By Ms. MATSUI: H.R. 136. Congress has the power to enact this legislation pursuant to the following: Article 1, Section 8, Clause 3 By Mrs. McCARTHY of New York: H.R. 137. Congress has the power to enact this legislation pursuant to the following: This bill is enacted pursuant to the powers granted to the Congress by Article I, Section 8, Clause 3 of the United States Constitution. By Mrs. McCARTHY of New York: H.R. 138. Congress has the power to enact this legislation pursuant to the following: This bill is enacted pursuant to the powers granted to the Congress by Article I, Section 8, Clause 3 of the United States Constitution. By Mr. MARKEY: H.R. 139. Congress has the power to enact this legislation pursuant to the following: Article I, section 8 and Article IV, section 3 By Mr. KING of Iowa: H.R. 140. Congress has the power to enact this legislation pursuant to the following: Section 5 of the Amendment XIV to the Constitution and Section 8 of Article I of the Constitution. By Mrs. McCARTHY of New York: H.R. 141. [[Page 58]] Congress has the power to enact this legislation pursuant to the following: This bill is enacted pursuant to the powers granted to the Congress by Article I, Section 8, Clause 3 of the United States Constitution. By Mrs. McCARTHY of New York: H.R. 142. Congress has the power to enact this legislation pursuant to the following: This bill is enacted pursuant to the powers granted to the Congress by Article I, Section 8, Clause 3 of the United States Constitution. By Mr. RIGELL: H.R. 143. Congress has the power to enact this legislation pursuant to the following: Article I, Section 6, Clause 1 of the United States Constitution: ``All Senators and Representatives shall receive a Compensation for their Services to be ascertained by Law, and paid out of the Treasury of the United States.'' By Mr. SIMPSON: H.R. 144. Congress has the power to enact this legislation pursuant to the following: The constitutional authority of Congress to enact this legislation is provided by Article I, section 8 of the United States Constitution, specifically clause 9, which states ``The Congress shall have Power . . . To constitute Tribunals inferior to the supreme Court.'' In addition, Article III, Section 1 states that ``The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.'' By Mr. SIMPSON: H.R. 145. Congress has the power to enact this legislation pursuant to the following: ``The constitutional authority of Congress to enact this legislation is provided by Article I, section 8 of the United States Constitution, specifically clause 1 (relating to providing for the general welfare of the United States) and clause 18 (relating to the power to make all laws necessary and proper for carrying out the powers vested in Congress), and Article IV, section 3, clause 2 (relating to the power of Congress to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States).'' By Mr. SIRES: H.R. 146. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8 of the Constitution By Mr. THORNBERRY: H.R. 147. Congress has the power to enact this legislation pursuant to the following: This bill is enacted pursuant to Article I, Section 8, Clause 1 of the United States Constitution. Section 8 explicitly states that ``The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;'' This clause applies to this bill because it grants the power of taxation to the Federal government. By Mr. VAN HOLLEN: H.R. 148. Congress has the power to enact this legislation pursuant to the following: The power of Congress to regulate the time, place, and manner of Federal elections under section 4 of article I. By Mr. WEBSTER of Florida: H.R. 149. Congress has the power to enact this legislation pursuant to the following: Article 1, Section 8, Clause 1 of the Constitution which states in part: The Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States. By Mr. YODER: H.R. 150. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 1 and Clause 18, and Article I, Section 6 of the United States Constitution. By Mr. YODER: H.R. 151. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 1 and Clause 18, and Article I, Section 6 of the United States Constitution. By Mr. GOODLATTE: H.J. Res. 1. Congress has the power to enact this legislation pursuant to the following: Article V of the U.S. Constitution, which grants Congress the authority to propose Constitutional amendments. By Mr. GOODLATTE: H.J. Res. 2. Congress has the power to enact this legislation pursuant to the following: Article V of the U.S. Constitution, which grants Congress the authority to propose Constitutional amendments. By Ms. JACKSON LEE: H.J. Res. 3. Congress has the power to enact this legislation pursuant to the following: This bill is enacted pursuant to the power granted to Congress under Article 1, Section 8, Clause 1 of the United States Constitution. By Mr. BARROW: H.J. Res. 4. Congress has the power to enact this legislation pursuant to the following: Article V of the U.S. Constitution. By Mr. BUCHANAN: H.J. Res. 5. Congress has the power to enact this legislation pursuant to the following: The constitutional authority on which this joint resolution rests is the power of Congress as enumerated in Article V of the United States Constitution. By Mr. BUCHANAN: H.J. Res. 6. Congress has the power to enact this legislation pursuant to the following: The constitutional authority on which this joint resolution rests is the power of Congress as enumerated in Article V of the United States Constitution. By Mrs. CHRISTENSEN: H.J. Res. 7. Congress has the power to enact this legislation pursuant to the following: ``Article IV, section 3 of the Constitution of the United States grant Congress the authority to make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.'' By Mr. FITZPATRICK: H.J. Res. 8. Congress has the power to enact this legislation pursuant to the following: Commerce Power, Art. I, Sec. 8, Cl. 3; and The Necessary and Proper Clause, Art. I, Sec. 8, Cl. 18 By Mr. McCLINTOCK: H.J. Res. 9. Congress has the power to enact this legislation pursuant to the following: Article V of the United States Constitution provides for amendments to the United States Constitution. By Mr. SCHWEIKERT: H.J. Res. 10. Congress has the power to enact this legislation pursuant to the following: Article 5 of the Constitution states: The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate. By Mr. TERRY: H.J. Res. 11. Congress has the power to enact this legislation pursuant to the following: Article V [[Page 59]] EXTENSIONS OF REMARKS ____________________ INTRODUCTION OF THE ``HOME FORECLOSURE REDUCTION ACT OF 2013'' ______ HON. JOHN CONYERS, JR. of michigan in the house of representatives Thursday, January 3, 2013 Mr. CONYERS. Mr. Speaker, the ``Home Foreclosure Reduction Act of 2013,'' permits a bankruptcy judge to reduce the principal amount of an underwater mortgage to the fair market value of the home, which will encourage homeowners to make their mortgage payments and help stop the endless cycle of foreclosures which further depresses home values. It also authorizes the mortgage's repayment period to be extended so that monthly mortgage payments are more affordable. In addition, the bill permits exorbitant mortgage interest rates to be reduced to a level that will keep the mortgage affordable over the long-term. And, it authorizes the waiver of prepayment penalties and excessive fees. Further, the bill would allow hidden fees and unauthorized costs to be eliminated. This bill addresses the fundamental problem with every privately- sponsored and government program that has previously been developed to deal with the home foreclosure crisis. Unlike every other government program, this legislation empowers a homeowner to force the lender to modify the terms of the mortgage by allowing the principal amount of the mortgage to be reduced to the home's fair market value, which numerous economists and housing experts agree is the most effective way to respond to the foreclosure crisis. And, unlike every other government program, the implementation of this measure will not cost taxpayers a single penny. This legislation is identical to H.R. 1587, which was introduced in the 112th Congress, and contains similar provisions included in H.R. 1106, which the House passed nearly three years ago. Unfortunately, those provisions were taken out in the Senate and not included in the final version of the bill that was subsequently enacted into law. Section-by-Section Description of the ``Home Foreclosure Reduction Act of 2013'' Section 1. Short Title. Section 1 sets forth the short title of this Act as the ``Home Foreclosure Reduction Act of 2013.'' Section 2. Definition. Bankruptcy Code section 101 defines various terms. Section 2 amends this provision to add a definition of ``qualified loan modification,'' which is defined as a loan modification agreement made in accordance with the guidelines of the Obama Administration's Homeowner Affordability and Stability Plan, as implemented on March 4, 2009 with respect to a loan secured by a senior security interest in the debtor's principal residence. To qualify as such, the agreement must reduce the debtor's mortgage payment (including principal and interest) and payments for various other specified expenses (i.e., real estate taxes, hazard insurance, mortgage insurance premium, homeowners' association dues, ground rent, and special assessments) to a percentage of the debtor's income in accordance with such guidelines. The payment may not include any period of negative amortization and it must fully amortize the outstanding mortgage principal. In addition, the agreement may not require the debtor to pay any fees or charges to obtain the modification. Further, the agreement must permit the debtor to continue to make these payments as if he or she had not filed for bankruptcy relief. Section 3. Eligibility for Relief. Section 3 amends Bankruptcy Code section 109, which specifies the eligibility criteria for filing for bankruptcy relief, in two respects. First, it amends Bankruptcy Code section 109(e), which sets forth secured and unsecured debt limits to establish a debtor's eligibility for relief under chapter 13. Section 3 amends this provision to provide that the computation of debts does not include the secured or unsecured portions of debts secured by the debtor's principal residence, under certain circumstances. The exception applies if the value of the debtor's principal residence as of the date of the order for relief under chapter 13 is less than the applicable maximum amount of the secured debt limit specified in section 109(e). Alternatively, the exception applies if the debtor's principal residence was sold in foreclosure or the debtor surrendered such residence to the creditor and the value of such residence as of the date of the order for relief under chapter 13 is less than the secured debt limit specified in section 109(e). This amendment is not intended to create personal liability on a debt if there would not otherwise be personal liability on such debt. Second, section 3 amends Bankruptcy Code section 109(h), which requires a debtor to receive credit counseling within the 180-day period prior to filing for bankruptcy relief, with limited exception. Section 3 amends this provision to allow a chapter 13 debtor to satisfy this requirement within 30 days after filing for bankruptcy relief if he or she submits to the court a certification that the debtor has received notice that the holder of a claim secured by the debtor's principal residence may commence a foreclosure proceeding. Section 4. Prohibiting Claims Arising from Violations of the Truth in Lending Act. Under the Truth in Lending Act, a mortgagor has a right of rescission with respect to a mortgage secured by his or her residence, under certain circumstances. Bankruptcy Code section 502(b) enumerates various claims of creditors that are not entitled to payment in a bankruptcy case, subject to certain exceptions. Section 4 amends Bankruptcy Code section 502(b) to provide that a claim for a loan secured by a security interest in the debtor's principal residence is not entitled to payment in a bankruptcy case to the extent that such claim is subject to a remedy for rescission under the Truth in Lending Act, notwithstanding the prior entry of a foreclosure judgment. In addition, section 4 specifies that nothing in this provision may be construed to modify, impair, or supersede any other right of the debtor. Section 5. Authority to Modify Certain Mortgages. Under Bankruptcy Code section 1322(b)(2), a chapter 13 plan may not modify the terms of a mortgage secured solely by real property that is the debtor's principal residence. Section 5 amends Bankruptcy Code section 1322(b) to create a limited exception to this prohibition. The exception only applies to a mortgage that: (1) originated before the effective date of this amendment; and (2) is the subject of a notice that a foreclosure may be (or has been) commenced with respect to such mortgage. In addition, the debtor must certify pursuant to new section 1322(h) that he or she contacted--not less than 30 days before filing for bankruptcy relief--the mortgagee (or the entity collecting payments on behalf of such mortgagee) regarding modification of the mortgage. The debtor must also certify that he or she provided the mortgagee (or the entity collecting payments on behalf of such mortgagee) a written statement of the debtor's current income, expenses, and debt in a format that substantially conforms with the schedules required under Bankruptcy Code section 521 or with such other form as promulgated by the Judicial Conference of the United States. Further, the certification must include a statement that the debtor considered any qualified loan modification offered to the debtor by the mortgagee (or the entity collecting payments on behalf of such holder). This requirement does not apply if the foreclosure sale is scheduled to occur within 30 days of the date on which the debtor files for bankruptcy relief. If the chapter 13 case is pending at the time new section 1322(h) becomes effective, then the debtor must certify that he or she attempted to contact the mortgagee (or the entity collecting payments on behalf of such mortgagee) regarding modification of the mortgage before either: (1) filing a plan under Bankruptcy Code section 1321 that contains a modification pursuant to new section 1322(b)(11); or (2) modifying a plan under Bankruptcy Code section 1323 or section 1329 to contain a modification pursuant to new section 1322(b)(11). Under new section 1322(b)(11), the debtor may propose a plan modifying the rights of the mortgagee (and the rights of the holder of any claim secured by a subordinate security interest in such residence) in several respects. It is important to note that the intent of new section 1322(b)(11) is permissive. Accordingly, a chapter 13 may propose a plan that proposes any or all types of modification authorized under section 1322(b)(11). First, the plan may provide for payment of the amount of the allowed secured claim as determined under section 506(a)(1). In making such determination, the court, pursuant to new section 1322(i), must use the fair market value of the property at the date that such value is determined. If the issue of value is contested, the court must determine such value in accordance with the appraisal rules used by the Federal Housing Administration. Second, the plan may prohibit, reduce, or delay any adjustable interest rate applicable [[Page 60]] on, and after, the date of the filing of the plan. Third, it may extend the repayment period of the mortgage for a period that is not longer than the longer of 40 years (reduced by the period for which the mortgage has been outstanding) or the remaining term of the mortgage beginning on the date of the order for relief under chapter 13. Fourth, the plan may provide for the payment of interest at a fixed annual rate equal to the applicable average prime offer rate as of the date of the order for relief under chapter 13, as determined pursuant to certain specified criteria. The rate must correspond to the repayment term determined under new section 1322(b)(11)(C)(i) as published by the Federal Financial Institutions Examination Council in its table entitled, ``Average Prime Offer Rates--Fixed.'' In addition, the rate must include a reasonable premium for risk. Fifth, the plan, pursuant to new section 1322(b)(11)(D), may provide for payments of such modified mortgage directly to the holder of the claim or, at the discretion of the court, through the chapter 13 trustee during the term of the plan. The reference in new section 1322(b)(11)(D) to ``holder of the claim'' is intended to include a servicer of such mortgage for such holder. It is anticipated that the court, in exercising its discretion with respect to allowing the debtor to make payments directly to the mortgagee or by requiring payments to be made through the chapter 13 trustee, will take into consideration the debtor's ability to pay the trustee's fees on payments disbursed through the trustee. New section 1322(g) provides that a claim may be reduced under new section 1322(b)(11)(A) only on the condition that the debtor agrees to pay the mortgagee a stated portion of the net proceeds of sale should the home be sold before the completion of all payments under the chapter 13 plan or before the debtor receives a discharge under section 1328(b). The debtor must pay these proceeds to the mortgagee within 15 days of when the debtor receives the net sales proceeds. If the residence is sold in the first year following the effective date of the chapter 13 plan, the mortgagee is to receive 90 percent of the difference between the sales price and the amount of the claim as originally determined under section 1322(b)(11) (plus costs of sale and improvements), but not to exceed the unpaid amount of the allowed secured claim determined as if such claim had not been reduced under new section 1322(b)(11)(A). If the residence is sold in the second year following the effective date of the chapter 13 plan, then the applicable percentage is 70 percent. If the residence is sold in the third year following the effective date of the chapter 13 plan, then the applicable percentage is 50 percent. If the residence is sold in the fourth year following the effective date of the chapter 13 plan, then the applicable percentage is 30 percent. If the residence is sold in the fifth year following the effective date of the chapter 13 plan, then the applicable percentage is ten percent. It is the intent of this provision that if the unsecured portion of the mortgagee's claim is partially paid under this provision it should be reconsidered under 502(j) and reduced accordingly. Section 6. Combating Excessive Fees. Section 6 amends Bankruptcy Code section 1322(c) to provide that the debtor, the debtor's property, and property of the bankruptcy estate are not liable for a fee, cost, or charge that is incurred while the chapter 13 case is pending and that arises from a claim for debt secured by the debtor's principal residence, unless the holder of the claim complies with certain requirements. It is the intent of this provision that its reference to a fee, cost, or charge includes an increase in any applicable rate of interest for such claim. It also applies to a change in escrow account payments. To ensure such fee, cost, or charge is allowed, the claimant must comply with certain requirements. First, the claimant must file with the court and serve on the chapter 13 trustee, the debtor, and the debtor's attorney an annual notice of such fee, cost, or charge (or on a more frequent basis as the court determines) before the earlier of either: one year of when such fee, cost, or charge was incurred, or 60 days before the case is closed. Second, the fee, cost, or charge must be lawful under applicable nonbankruptcy law, reasonable, and provided for in the applicable security agreement. Third, the value of the debtor's principal residence must be 4 greater than the amount of such claim, including such fee, cost or charge. If the holder fails to give the required notice, such failure is deemed to be a waiver of any claim for such fees, costs, or charges for all purposes. Any attempt to collect such fees, costs, or charges constitutes a violation of the Bankruptcy Code's discharge injunction under section 524(a)(2) and the automatic stay under section 362(a), whichever is applicable. Section 6 further provides that a chapter 13 plan may waive any prepayment penalty on a claim secured by the debtor's principal residence. Section 7. Confirmation of Plan. Bankruptcy Code section 1325 sets forth the criteria for confirmation of a chapter 13 plan. Section 7 amends section 1325(a)(5) (which specifies the mandatory treatment that an allowed secured claim provided for under the plan must receive) to provide an exception for a claim modified under new section 1322(b)(11). The amendment also clarifies that payments under a plan that includes a modification of a claim under new section 1322(b)(11) must be in equal monthly amounts pursuant to section 1325(a)(5)(B)(iii)(I). In addition, section 7 specifies certain protections for a creditor whose rights are modified under new section 1322(b)(11). As a condition of confirmation, new section 1325(a)(10) requires a plan to provide that the creditor must retain its lien until the later of when: (1) the holder's allowed secured claim (as modified) is paid; (2) the debtor completes all payments under the chapter 13 plan; or (3) if applicable, the debtor receives a discharge under section 1328(b). Section 7 also provides standards for confirming a chapter 13 plan that modifies a claim pursuant to new section 1322(b)(11). First, the debtor cannot have been convicted of obtaining by actual fraud the extension, renewal, or refinancing of credit that gives rise to such modified claim. Second, the modification must be in good faith. Lack of good faith exists if the debtor has no need for relief under this provision because the debtor can pay all of his or her debts and any future payment increases on such debts without difficulty for the foreseeable future, including the positive amortization of mortgage debt. In determining whether a modification under section 1322(b)(11) that reduces the principal amount of the loan is made in good faith, the court must consider whether the holder of the claim (or the entity collecting payments on behalf of such holder) has offered the debtor a qualified loan modification that would enable the debtor to pay such debts and such loan without reducing the principal amount of the mortgage. Section 7 further amends section 1325 to add a new provision. New section 1325(d) authorizes the court, on request of the debtor or the mortgage holder, to confirm a plan proposing to reduce the interest rate lower than that specified in new section 1322(b)(11)(C)(ii), provided: (1) the modification does not reduce the mortgage principal; (2) the total mortgage payment is reduced through interest rate reduction to the percentage of the debtor's income that is the standard for a modification in accordance with the Obama Administration's Homeowner Affordability and Stability Plan, as implemented on March 4, 2009; (3) the court determines that the debtor can afford such modification in light of the debtor's financial situation, after allowance of expense amounts that would be permitted for a debtor subject to section 1325(b)(3), regardless of whether the debtor is otherwise subject to such paragraph, and taking into account additional debts and fees that are to be paid in chapter 13 and thereafter; and (4) the debtor is able to prevent foreclosure and pay a fully amortizing 30-year loan at such reduced interest rate without such reduction in principal. If the mortgage holder accepts a debtor's proposed modification under this provision, the plan's treatment is deemed to satisfy the requirements of section 1325(a)(5)(A) and the proposal should not be rejected by the court. Section 8. Discharge. Bankruptcy Code section 1328 sets forth the requirements by which a chapter 13 debtor may obtain a discharge and the scope of such discharge. Section 8 amends section 1328(a) to clarify that the unpaid portion of an allowed secured claim modified under new section 1322(b)(11) is not discharged. This provision is not intended to create a claim for a deficiency where such a claim would not otherwise exist. Section 9. Standing Trustee Fees. Section 9(a) amends 28 U.S.C. Sec. 586(e)(1)(B)(i) to provide that a chapter 13 trustee may receive a commission set by the Attorney General of no more than four percent on payments made under a chapter 13 plan and disbursed by the chapter 13 trustee to a creditor whose claim was modified under Bankruptcy Code section 1322(b)(11), unless the bankruptcy court waives such fees based on a determination that the debtor has income less than 150 percent of the official poverty line applicable to the size of the debtor's family and payment of such fees would render the debtor's plan infeasible. With respect to districts not under the United States trustee system, section 9(b) makes a conforming revision to section 302(d)(3) of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986. Section 10. Effective Date; Application of Amendments. Section 10(a) provides that this measure and the amendments made by it, except as provided in subsection (b), take effect on the Act's date of enactment. Section 10(b)(1) provides, except as provided in paragraph (2), that the amendments made by this measure apply to cases commenced under title 11 of the United States Code before, on, or after the Act's date of enactment. Section 10(b)(2) specifies that paragraph (1) does not apply with respect to cases that are closed under the Bankruptcy Code as of the date of the enactment of this Act. Section 11. GAO Study. Section 11 requires the Government Accountability Office to complete a study and to submit a report to the House and Senate Judiciary Committees within two years from the enactment of this [[Page 61]] Act a report. The report must contain the results of the study of: (1) the number of debtors who filed cases under chapter 13, during the one-year period beginning on the date of the enactment of this Act for the purpose of restructuring their principal residence mortgages; (2) the number of mortgages restructured under this Act that subsequently resulted in default and foreclosure; (3) a comparison between the effectiveness of mortgages restructured under programs outside of bankruptcy, such as Hope Now and Hope for Homeowners, and mortgages restructured under this Act; (4) the number of appeals in cases where mortgages were restructured under this Act; (5) the number of such appeals where the bankruptcy court's decision was overturned; and (6) the number of bankruptcy judges disciplined as a result of actions taken to restructure mortgages under this Act. In addition, the report must include a recommendation as to whether such amendments should be amended to include a sunset clause. Section 12. Report to Congress. Not later than 18 months after the date of enactment of this Act, the Government Accountability Office, in consultation with the Federal Housing Administration, must submit to Congress a report containing: (1) a comprehensive review of the effects of the Act's amendments on bankruptcy courts; (2) a survey of whether the types of homeowners eligible for the program should be limited; and (3) a recommendation on whether such amendments should remain in effect. ____________________ GUAM WORLD WAR II LOYALTY RECOGNITION ACT ______ HON. MADELEINE Z. BORDALLO of guam in the house of representatives Thursday, January 3, 2013 Ms. BORDALLO. Mr. Speaker, today I have introduced the Guam World War II Loyalty Recognition Act, a bill that would implement the findings of the Guam War Claims Review Commission. Since being elected to the House of Representatives ten years ago, I have introduced a version of this legislation in each Congress. Over the last several Congresses, H.R. 44 passed the House on five separate occasions. This bill would implement the recommendations of the Guam War Claims Review Commission, which was appointed by Secretary of the Interior Gale Norton and established by an Act of the 107th Congress (Public Law 107-333). The Review Commission, in a unanimous report to Congress in June 2004, found that there were significant disparities in the treatment of war claims for the people of Guam as compared with war claims for other Americans. The Review Commission also found that the occupation of Guam was especially brutal due to the unfailing loyalty of the people of Guam to the United States of America. The people of Guam were subjected to forced labor, forced marches, internment, beatings, rapes and executions, including public beheadings. The Review Commission recommended that Congress remedy this injustice through the enactment of legislation to authorize payment of claims in amounts specified. Specifically, the bill would authorize discretionary spending to pay claims consistent with the recommendations of the commission. It is important to note that the Review Commission found that the United States Government seized Japanese assets during the war and that the record shows that settlement of claims was meant to be paid from these forfeitures. Furthermore, the United States signed a Treaty of Peace with Japan on September 8, 1951, which precludes Americans from making claims against Japan for war reparations. The treaty closed any legal mechanism for seeking redress from the Government of Japan, and the United States Government has settled claims for U.S. citizens and other nationals through various claims programs authorized by Congress. The text that I introduce in this Congress addresses concerns that have been raised about the legislation. First, the text reflects a compromise that was reached with the Senate when they considered the legislation as a provision of the National Defense Authorization Act for Fiscal Year 2011. That compromise removes payment of claims to heirs of survivors who suffered personal injury during the enemy occupation. The bill continues to provide payment of claims to survivors of the occupation as well as to heirs of citizens of Guam who died during the occupation. The compromise continues to uphold the intent of recognizing the people of Guam for their loyalty to the United States during World War II. Further, the bill that I introduce today contains an offset for the estimated cost of the bill. I understood the concerns express by some of my colleagues in a July 14, 2011 hearing on this legislation. My colleagues expressed concern that there was no offset to pay for the cost of the bill. Guam war claims has a very simple offset that will pay for the cost of the legislation over time. The bill would be paid by section 30 funding remitted to Guam through the U.S. Department of Interior at any level above section 30 funds that were remitted to Guam in fiscal year 2012. With the impending relocation of Marines from Okinawa to Guam as well as additional Navy and Air Force personnel relocating to Guam it is expected that Guam will receive additional section 30 funds. Claims would then be paid out over time based off the additional amounts that were made available in any given year. Not only does this offset address payment of claims but it only impacts my jurisdiction and is a credible source of funding that will ensure that claims will be paid. Congressional passage of this bill has a direct impact on the future success of the military buildup. The need for Guam War Claims was brought about because of mishandling of war claims immediately following World War II by the Department of the Navy. The long-standing inequity with how Guam was treated for war reparations lingers today. If we do not bring this matter to a close I believe that support for the military build-up will erode and impact the readiness of our forces and the bilateral relationship with Japan. Mr. Speaker, resolving this issue is a matter of justice. This carefully crafted compromise legislation addresses the concerns of the Senate and fiscal conservatives in the House of Representatives. This bill represents a unique opportunity to right a wrong because many of the survivors of the occupation are nearing the end of their lives. It is important that the Congress act on the recommendations of the Guam War Claims Review Commission to finally resolve this longstanding injustice for the people of Guam. ____________________ RECOGNIZING THE 100TH ANNIVERSARY OF JOE'S STONE CRAB ______ HON. ALCEE L. HASTINGS of florida in the house of representatives Thursday, January 3, 2013 Mr. HASTINGS of Florida. Mr. Speaker, I rise today to recognize Joe's Stone Crab on the occasion of its 100th anniversary. Established in 1913 by Hungarian-born Joseph ``Joe'' Weiss, Joe's Stone Crab has since gone from being a small lunch counter in a quiet, backwater town to a beloved institution in the Miami Beach community. The story of Joe's Stone Crab is truly an American one. Joe and his wife Jennie were both Hungarian immigrants living in New York when their son Jesse was born in 1907. At the time, Joe was a waiter and Jennie cooked in small restaurants. Suffering from asthma, Joe's doctors told him that a change of climate was the only remedy. According to Jesse, his father borrowed fifty dollars on his life insurance policy and left his family in New York to try his luck in Florida. After one night in Miami, Joe took the ferry boat to Miami Beach, where he was able to breathe. He stayed there and started running a lunch stand at Smith's bathing casino in 1913, serving top- notch fish sandwiches and fries. That was the beginning of the restaurant that would later grow to become Joe's. Joe sent for his wife and son to join him in Florida. In 1918, Joe and Jennie bought a bungalow near the casino on Biscayne Street. They moved into the back, set up seven or eight tables on the front porch, and called it Joe's Restaurant. Jennie waited on tables, Joe cooked, and everything grew from there. For about eight years, Joe's was the only restaurant on the beach, serving snapper, pompano, mackerel, and meat dishes all day long. Joe's Restaurant was a hit, but stone crabs were still yet to come. At the time, no one knew that the local crustacean was even edible. In 1921, James Allison, Fisher's partner in the Speedway, built an aquarium at the foot of the bay and Fifth Street. He invited a Harvard ichthyologist down to do research, who gave Joe the idea to serve stone crab. After much thought, Joe threw the stone crabs into boiling water and the rest was history. They served them cracked with hash brown potatoes, coleslaw, and mayonnaise, and they became an instant success. Although his parents started Joe's, Jesse Weiss became its face and brought in the VIPs, from movie stars to journalists to politicians, athletes, and gangsters. He knew everyone, and everyone who came into Joe's wanted to see him. At the age of 75, Miami anchorwoman Ann Bishop spent many hours recording his memories, particularly the love and support of his family in keeping Joe's Stone Crab going through the years. Anyone who is anyone, from anywhere in the world, would stop in at Joe's if they were [[Page 62]] in Miami Beach. Notable guests include Al Capone, Will Rogers, Amelia Earhart, the Duke and Duchess of Windsor, Gloria Swanson and Joseph Kennedy, J. Edgar Hoover, Walter Winchell, and Damon Runyon. Mr. Speaker, Joe's Stone Crab is a monument to the people who built it and those who continue its legacy: Joe and Jennie Weiss, their son Jesse, granddaughter Jo Ann, and the entire Joe's family. I have frequented Joe's on numerous occasions and always enjoyed a marvelous meal. Please join me in congratulating the entire Joe's Stone Crab family on this momentous occasion. I wish them another 100 years of success and, of course, great food and company. ____________________ THE INTRODUCTION OF THE REHAB AND AHMED AMER FOSTER CARE IMPROVEMENT ACT OF 2013 ______ HON. JOHN CONYERS, JR. of michigan in the house of representatives Thursday, January 3, 2013 Mr. CONYERS. Mr. Speaker, today, I introduced the Rehab and Ahmed Amer Foster Care Improvement Act of 2013, which is substantively identical to a bill I introduced in the 112th Congress. It will enhance the existing federal policy of encouraging state foster care programs to place children in the care of willing and able relatives. This legislation accomplishes that goal by requiring States that receive federal funding for foster care programs to add certain procedural enhancements to their foster care programs so as to ensure a more fair placement decision-making process. Specifically, my bill requires that, within 90 days after a State makes a foster care placement decision, the State must provide notice of such decision to the following affected parties: the child's parents; relatives who have informed the State of their interest in caring for the child; the guardian; the guardian ad litem of the child; the attorney for the child; the attorney for each parent of the child; the prosecutor involved; and the child if he or she is able to express an opinion regarding placement. Additionally, States must establish procedures that: allow any of the parties who receive notice of the State's placement decision to request, within five days after receipt of the notice, documentation of the reasons for the State's decision; allow the child's attorney to petition the court involved to review the decision; and require the court to commence such review within seven days after receipt of the petition and conduct such review on the record. The harrowing story of Rehab and Ahmed Amer of Dearborn, Michigan prompted me to craft this bill. In 1985, the Amers lost two of their children to Michigan's foster care system after Rehab had been subject to criminal charges related to the death of her two-year-old son Samier, who died because of head injuries resulting from a fall in a bathtub. Although Rehab had been acquitted in August 1986 of any criminal wrongdoing in connection with Samier's death, the State refused to return the Amers' other two children to them and, in fact, removed a third child from the Amers' custody four months after Rehab's acquittal. As a temporary alternative, Rehab's brother petitioned to be a foster parent to the Amers' three children, but was denied his petition even though he had previously served as a foster parent for other children. It is important to note that the Amers are Muslim. Nevertheless, the State, rather than placing the Amers' children with a foster family of the same faith and cultural background, sent them to live with an evangelical Christian family, which re-named the Amers' children-- Mohamed Ali, Sueheir, and Zinabe--with Christian names and raised them as Christians. Today, only the oldest of the Amers' three living children, Mohamed Ali, now known as Adam, communicates with them. In reaction to the Amers' story, Michigan enacted what became known as the Amer Law. That law requires foster care placement agencies in Michigan to consider and give special preference for relatives when making a foster care placement decision. The Amer Law is consistent with federal foster care policy, which also seeks to give preference to a child's relatives and, for Native American children, a family of the same cultural background as the child, when making placement decisions. The Amer Law, however, has several provisions that go beyond current federal law to ensure due process. In sum, this law gives parents, relatives, guardians, and the child in certain cases additional procedural rights, including the right to written notice and an explanation of a placement decision. In addition, it authorizes judicial review of a placement decision by a foster care agency. My legislation simply adds these enhanced due process features of the Amer Law to existing federal foster care law. The best interests of the child should always be the overriding consideration when making foster care placement decisions. That standard should also require foster care agencies to give special preference to placing a child with relatives, where the child can be raised in the same culture or religion as his or her own, all other things being equal. I thank Rehab and Ahmed Amer for bringing this issue to light and for their tireless efforts to make the foster care placement process fairer for everyone, first in Michigan, and, now, nationally. ____________________ RECOGNIZING SPRINGFIELD CATHOLIC HIGH SCHOOL BOYS SOCCER ______ HON. BILLY LONG of missouri in the house of representatives Thursday, January 3, 2013 Mr. LONG. Mr. Speaker, I rise today to recognize the Springfield Catholic High School Boys Soccer Team and its back-to-back victories in the 2011 and 2012 Class 1 State Championships. Springfield Catholic has the honor of being the first boys' soccer state champion team from Southwest Missouri. The Springfield Catholic Fightin' Irish finished their season with 27 wins and 4 losses after their 1-0 victory over Southern Boone in the championship. The Irish soccer program is just 6 seasons old but holds 5 straight ``Final Four'' appearances and two back-to-back state championships. I congratulate Head Coach Tom Guinn, Assistant Coach Matthew Walton and all of the players on their victory and applaud the hard work that has brought them so much success. I am proud to recognize the athletic achievements of the residents of the Seventh District of Missouri. ____________________ INTRODUCTION OF A 3-PART BALANCED BUDGET CONSTITUTIONAL AMENDMENT ______ HON. BOB GOODLATTE of virginia in the house of representatives Thursday, January 3, 2013 Mr. GOODLATTE. Mr. Speaker, I rise to re-introduce legislation that will amend the United States Constitution to force Congress to rein in spending by balancing the federal budget. We have a spending addiction in Washington, D.C., and it has proven to be an addiction that Congress cannot control on its own and which is bringing dire consequences. We have gone in a few short years from a deficit of billions of dollars to a deficit of trillions of dollars. We are printing money at an unprecedented pace, which presents serious risks of massive inflation. Our national debt recently surpassed an astonishing $16 trillion and continues to rapidly increase, along with the waste associated with paying the interest on that debt. Our first Secretary of State, Thomas Jefferson, warned of the consequences of out-of-control debt when he wrote: ``To preserve [the] independence [of the people,] we must not let our rulers load us with perpetual debt. We must make our election between economy and liberty, or profusion and servitude.'' Unfortunately, it increasingly appears that Congress has chosen the latter path. Our current Secretary of State, Hillary Clinton, issued a similar warning when she recently declared: ``I think that our rising debt levels [sic] poses a national security threat, and it poses a national security threat in two ways. It undermines our capacity to act in our own interest, and it does constrain us where constraint may be undesirable. And it also sends a message of weakness internationally.'' Despite these warnings, Congress has refused to address this crisis. Congress' spending addiction is not a partisan one. It reaches across the aisle and afflicts both parties, which is why neither party has been able to master it. We need outside help. We need pressure from outside Congress to force Congress to rein in this out-of-control behavior. We need a balanced budget amendment to our Constitution. That is why I am introducing this legislation--a commonsense, 3-part balanced budget [[Page 63]] Constitutional amendment which garnered the support of 133 bipartisan cosponsors last Congress. This bill would (1) amend the Constitution to require that total spending for any fiscal year not exceed total receipts; (2) require that bills to raise revenues pass each House of Congress by a 3/5 majority; and (3) establish an annual spending cap such that total federal spending could not exceed 1/5 of the economic output of the United States. The bill would also require a 3/5 majority vote for any increases in the debt limit. The legislation provides an exception in times of war and during military conflicts that pose imminent and serious military threats to national security. Our federal government must be lean, efficient and responsible with the dollars that our nation's citizens worked so hard to earn. We must work to both eliminate every cent of waste and squeeze every cent of value out of each dollar our citizens entrust to us. Families all across our nation understand what it means to make tough decisions each day about what they can and cannot afford and government officials should be required to exercise similar restraint when spending the hard-earned dollars of our nation's citizens. By amending the Constitution to require a balanced budget, establish measurable spending limits, and make it harder to raise taxes, we can force the Congress to control spending, paving the way for a return to surpluses and ultimately paying down the national debt, rather than allow big spenders to lead us further down the road of chronic deficits and in doing so leave our children and grandchildren saddled with debt that is not their own. 49 out of 50 states have a balanced budget requirement, and it is time that the federal government had one too. Our nation faces many difficult decisions in the coming years, and Congress will face great pressure to spend beyond its means rather than to make the difficult decisions about spending priorities. Unless Congress is forced to make the decisions necessary to create a balanced budget, it will always have the all-too-tempting option of shirking this responsibility. A Constitutional balanced budget requirement, combined with the spending and tax limitations in this legislation, will set our nation's fiscal policies on the right path. This is a common sense approach to ensure that Congress is bound by the same fiscal principles that guide America's families each day. I urge support of this important legislation. ____________________ INTRODUCTION OF THE PROTECTING EMPLOYEES AND RETIREES IN BUSINESS BANKRUPTCIES ACT OF 2013 ______ HON. JOHN CONYERS, JR. of michigan in the house of representatives Thursday, January 3, 2013 Mr. CONYERS. Mr. Speaker, throughout our Nation's history, hardworking American men and women have labored to make our businesses become the most productive and dynamic in the world. Unfortunately, when some of these businesses encounter financial difficulties and seek to reorganize their debts under Chapter 11 of the Bankruptcy Code, these very same workers and retirees are often asked to make major sacrifices through lost job protections, lower wages, and the elimination of hard-won pension and health benefits, while the executives and managers of these business are not required to make comparable sacrifices. Particularly now, as our economy continues to struggle and more businesses falter, we must do more to ensure that America's most important resource--workers and retirees--are treated more fairly when these businesses seek to reorganize their financial affairs under the protection of our bankruptcy laws. The Protecting Employees and Retirees in Business Bankruptcies Act of 2013 accomplishes this goal by amending the Bankruptcy Code in several respects. First, it improves recoveries for employees and retirees by: (1) increasing the amount of worker claims entitled to priority payment for unpaid wages and contributions to employee benefit plans up to $20,000; (2) eliminating the difficult to prove restriction in current law that wage and benefit claims must be earned within 180 days of the bankruptcy filing in order to be entitled to priority payment; (3) allowing employees to assert claims for losses in certain defined contribution plans when such losses result from employer fraud or breach of fiduciary duty; (4) establishing a new priority administrative expense for workers' severance pay; and (5) clarifying that back pay awards for WARN Act damages are entitled to the same priority as back pay for other legal violations. Second, the legislation reduces employees' and retirees' losses by: (1) restricting the conditions under which collective bargaining agreements and commitments to fund retiree pensions and health benefits may be eliminated or adversely affected; (2) preventing companies from singling out non-management retirees for concessions; (3) requiring a court to consider the impact a bidder's offer to purchase a company's assets would have on maintaining existing jobs and preserving retiree pension and health benefits; and (4) clarifying that the principal purpose of Chapter 11 bankruptcy is the preservation of jobs to the maximum extent possible. Third, the bill restricts excessive executive compensation programs by: (1) requiring full disclosure and court approval of executive compensation packages; (2) restricting the payment of bonuses and other forms of incentive compensation to senior officers and others; and (3) ensuring that insiders cannot receive retiree benefits if workers have lost their retirement or health benefits. This legislation is identical to H.R. 6117, which was introduced in the prior Congress. It is supported by the AFL-CIO and many of its largest affiliates, and the United Steelworkers. Section-by-Section Explanation of The ``Protecting Employees and Retirees in Business Bankruptcies Act of 2013'' Sec. 1. Short Title. Section 1 sets forth the short title of the bill as the ``Protecting Employees and Retirees in Business Bankruptcies Act of 2013.'' It also includes a table of contents for the bill. Sec. 2. Findings. Section 2 sets forth various findings in support of this bill. Title I--Improving Recoveries for Employees and Retirees Sec. 101. Increased Wage Priority. Bankruptcy Code section 507 accords priority in payment status for certain types of claims, i.e., these priority claims must be paid in full in the order of priority before general unsecured claims may be paid. Section 507(a)(4) accords a fourth level priority to an unsecured claim up to $10,000 owed to an individual for wages, salaries, or commissions (including vacation, severance, and sick leave pay) earned within the 180-day period preceding the filing of the bankruptcy case or the date on which the debtor's business ceased, whichever occurs first. Section 101 amends section 507(a)(4) to increase the amount of the priority to $20,000 and eliminate the 180-day reachback limitation. Bankruptcy Code section 507(a)(5) accords a fifth level priority for unsecured claims for contributions to an employee benefit plan arising from services rendered within the 180-day period preceding the filing of the bankruptcy case or the date on which the debtor's business ceased (whichever occurs first). The amount of the claim is based on the number of employees covered by the plan multiplied by $10,000 less the aggregate amount paid to such employees pursuant to section 507(a)(4) and the aggregate amount paid by the estate on behalf of such employees to any other employee benefit plan. Section 101 amends Bankruptcy Code section 507(a)(5) to: (1) increase the priority amount to $20,000; (2) eliminate the offset requirements; and (3) eliminate the 180-day limitation. Sec. 102. Claim for Stock Value Losses in Defined Contribution Plans. Section 102 amends the Bankruptcy Code's definition of a claim to include a right or interest in equity securities of the debtor (or an affiliate of the debtor) held in a defined contribution plan for the benefit of an individual who is not an insider, senior executive officer or one of the 20 next most highly compensated employees of the debtor (if one or more are not insiders), providing: (1) such securities were attributable to employer contributions by the debtor (or an affiliate of the debtor), or by elective deferrals, together with any earnings thereon; and (2) the employer or plan sponsor who commenced the bankruptcy case either committed fraud with respect to such plan or ' otherwise breached a duty to the participant that proximately caused the loss of value. Sec. 103. Priority for Severance Pay. Bankruptcy Code section 503(b) establishes an administrative expense payment priority for certain types of unsecured claims. Among all types of unsecured claims, administrative expenses are accorded the highest payment priority, i.e., they must be paid in full before priority and general unsecured claims may be paid. Section 103 amends section 503(b) to accord administrative expense priority for severance pay owed to the debtor's employees (other than an insider, other senior management, or a consultant retained to provide services to the debtor) under a plan, program or policy generally applicable to the debtor's employees (but not under an individual contract of employment) or owed pursuant to a collective bargaining agreement for termination or layoff on or after the date the bankruptcy case was filed. Such pay is deemed earned in full upon such termination or layoff. Sec. 104. Financial Returns for Employees and Retirees. Bankruptcy Code section 1129(a) specifies various criteria that must be satisfied before a chapter 11 plan of reorganization may be confirmed. Section 104 amends [[Page 64]] section 1129(a) to add a further requirement. The plan must provide for the recovery of damages for the rejection of a collective bargaining agreement or for other financial returns as negotiated by the debtor and the authorized representative under section 1113 to the extent such returns are paid under, rather than outside of a plan. Section 104 also replaces Bankruptcy Code section 1129(a)(13), which pertains to the payment of retiree benefits under section 1114. As revised, section 1129(a)(13) requires that a plan provide for the continuation after the plan's effective date of the payment of all retiree benefits at the level established under either section 1114(e)(1)(B) or (g) at any time prior to confirmation of the plan, for the duration of the period for which the debtor has obligated itself to provide such benefits. If no modifications are made prior to confirmation of the plan, the plan must provide for the continuation of all retiree benefits maintained or established in whole or in part by the debtor prior to the petition filing date. In addition, the plan must provide for recovery of claims arising from the modification of retiree benefits and other financial returns as negotiated by the debtor and the authorized representative to the extent such returns are paid under, rather than outside of, a plan. Sec. 105. Priority for WARN Act Damages. Section 105 amends Bankruptcy Code section 503(b)(1)(A)(ii) to provide administrative expense status to wages and benefits awarded pursuant to a judicial or National Labor Relations Board proceeding as back pay or damages attributable to any period of time occurring after the commencement of the bankruptcy case. This provision applies where the award was made as a result of the debtor's violation of federal or state law, without regard to the time of the occurrence of unlawful conduct on which the award is based or to whether any services were rendered on or after the commencement of the bankruptcy case. It includes an award by a court under section 2901 of title 29 of the United States Code of up to 60 days' pay and benefits following a layoff that occurred or commenced at a time when such award period includes a period on or after the commencement of the case, if the court determines that payment of wages and benefits by reason of the operation of this clause will not substantially increase the probability of layoff or termination of current employees or of nonpayment of domestic support obligations during the case under this title. Title II--Reducing Employees' and Retirees' Losses Sec. 201. Rejection of Collective Bargaining Agreements. Bankruptcy Code section 1113 sets forth the requirements by which a collective bargaining agreement may be assumed or rejected. Section 201 amends section 1113 in several respects. First, it amends section 1113(a) to clarify that a chapter 11 debtor may reject a collective bargaining agreement only in accordance with section 1113. Second, it amends Bankruptcy Code section 1113(b) to clarify that no provision in title 11 of the United States Code may be construed to permit a trustee to unilaterally terminate or alter the terms of a collective bargaining agreement absent compliance with section 1113. The provision further specifies that the trustee must timely pay all monetary obligations arising under such agreement and that any payment required to be made pre-confirmation has the status of an allowed administrative expense under Code section 503. Third, it amends Bankruptcy Code section 1113(c) to require a trustee, when seeking to modify a collective bargaining agreement, to provide notice of such proposed modification to the labor organization representing the employees covered by the agreement. The trustee must also promptly provide an initial proposal for modification. In addition, the trustee must confer in good faith with the labor organization, at reasonable times and for a reasonable period, given the complexity of the case, in an effort to reach a mutually acceptable modification of the agreement. Each modification proposal must be based on a business plan for the reorganization of the debtor and reflect the most complete and reliable information. As amended, section 1113(c) requires the trustee to provide to the labor organization all information relevant for negotiations. If such disclosure could compromise the debtor's position with respect to its competitors in the industry, the provision authorizes the court to issue a protective order, subject to the needs of the labor organization to evaluate the trustee's proposal and any application to reject the collective bargaining agreement or for interim relief under section 1113. In consideration of Federal policy encouraging the practice and process of collective bargaining and in recognition of the bargained-for expectations of the employees covered by the agreement, any modification proposed by the trustee must: (1) only be proposed as part of a program of workforce and nonworkforce cost savings devised for the debtor's reorganization, including savings in management personnel costs; (2) be limited to modifications designed to achieve a specified aggregate financial contribution for employees covered by the agreement, taking into consideration any labor cost savings negotiated within the 12-month period prior to the filing of the bankruptcy case; (3) be no more than the minimum savings essential to permit the debtor to exit bankruptcy, such that confirmation is not likely to be followed by the liquidation or the need for further financial reorganization of the debtor; and (4) not be disproportionate or overly burden the employees covered by the agreement, either in the amount of the cost savings sought from such employees or the nature of the modifications. Fourth, it amends Bankruptcy Code section 1113(d) to provide that if the trustee and the labor organization (after a period of negotiations) do not reach an agreement over mutually satisfactory modifications and further negotiations are not likely to produce mutually satisfactory modifications, the trustee may file a motion seeking rejection of the collective bargaining agreement after notice and a hearing. Absent agreement by the parties, the hearing may not be held earlier than 21 days from when notice of the hearing is provided. Only the debtor and the labor organization may appear and be heard at the hearing. An application for rejection must seek rejection effective upon the entry of an order granting such relief. In consideration of Federal policy encouraging the practice and process of collective bargaining and in recognition of the bargained-for expectations of the employees covered by the agreement, section 1113(d) (as amended) provides that the court may grant a motion seeking rejection of such agreement only if the court: (1) finds that the trustee has complied with the requirements of section 1113(c); (2) has considered alternative proposals by the labor organization and concluded that such proposals do not meet the requirements of section 1113(c)(3)(B); (3) finds that further negotiations regarding the trustee's proposal or an alternative proposal by the labor organization are not likely to produce an agreement; (4) finds that implementation of the trustee's proposal will not: (a) cause a material diminution in the purchasing power of the employees covered by the agreement, (b) adversely affect the debtor's ability to retain an experienced and qualified workforce; or (c) impair the debtor's labor relations such that the ability to achieve a feasible reorganization will be compromised; and (5) concludes, based on clear and convincing evidence, that rejection of the agreement and immediate implementation of the trustee's proposal is essential to permit the debtor's exit from bankruptcy such that confirmation is not likely to be followed by the liquidation or the need for further financial reorganization of the debtor in the short term. If the trustee has implemented a program of incentive pay, bonuses or other financial returns for insiders, senior executive officers, or the 20 next most highly compensated employees or consultants (or such a program was implemented within 180 days before the bankruptcy case was filed), the court must presume that the debtor has failed to satisfy the requirements of section 1113 (c)(3)(C). Subsection (d), as amended, prohibits the court from entering an order rejecting a collective bargaining agreement that would result in modifications to a level lower than that proposed by the trustee in the proposal found by the court to have complied with the requirements of section 1113. At any time after an order rejecting a collective bargaining agreement is entered (or mutually satisfactory agreement between the trustee and the labor organization is entered into), the labor organization may apply to the court for an order seeking an increase in the level of wages or benefits or relief from working conditions based on changed circumstances. The court must grant such relief only if the increase or other relief is not inconsistent with the standard set forth in section 1113(d)(2)(E). Fifth, section 201 amends Bankruptcy Code section 1113(e) to provide that during the period in which a collective bargaining agreement at issue under this section continues in effect and if either essential to the continuation of the debtor's business or in order to avoid irreparable damage to the estate, the court, after notice and a hearing, may authorize the trustee to implement interim changes in the terms, conditions, wages, benefits, or work rules provided by the collective bargaining agreement. Any hearing under this provision must be scheduled in accordance of the trustee's needs. The implementation of such interim changes will not render the application for rejection moot. Sixth, section 201 amends Bankruptcy Code section 1113(f) to provide that the rejection of a collective bargaining agreement constitutes a breach of such agreement and is effective no earlier than the entry of an order granting such relief. Solely for the purpose of determining and allowing a claim arising from rejection of a collective bargaining agreement, such rejection must be treated as a rejection of an executory contract under Code section 365(g) and shall be allowed or disallowed in accordance with section 502(g)(1). Subsection (f), as amended, further provides that no claim for rejection damages may be limited by section 502(b)(7). In addition, the provision permits economic self-help by a labor organization upon a court order granting rejection of a collective bargaining agreement under either subsection (d) or (e) of section 1113. It further [[Page 65]] provides that neither title 11 of the United States Code nor other provisions of State or Federal law may be construed to the contrary. Seventh, section 201 adds new subsection (g) to require the trustee to provide for the reasonable fees and costs incurred by a labor organization under section 1113, upon request and after notice and a hearing. Eighth, section 201 adds new subsection (h) to require the assumption of a collective bargaining agreement to be done in accordance with section 365. Sec. 202. Payment of Insurance Benefits to Retired Employees. Bankruptcy Code section 1114 sets out criteria pursuant to which a debtor may modify retiree benefits, among other matters. Retiree benefits include payments to retired employees, their spouses, and dependents for medical, surgical, and hospital care benefits. It also includes benefits in the event of sickness, accident, disability, or death under any plan, fund or program. Section 202 amends section 1114 in several respects. First, it amends the provision's definition of ``retiree benefits'' to specify that it applies whether or not the debtor asserts a right to unilaterally modify such benefits under such plan, fund or program. Second, it amends Bankruptcy Code section 1114(b)(2), which specifies the rights, powers and duties of a committee of retired employees appointed by the court. As amended, the provision would apply to a labor organization serving as the authorized representative under section 1114(c)(1). Third, section 202 replaces Bankruptcy Code section 1114(f), which requires a trustee to make a proposal to the authorized representative before seeking modification of retiree benefits. As amended, section 1114(f)(1) specifies that if a trustee seeks to modify retiree benefits, the trustee must provide notice of such proposed modification to the authorized representative as well as promptly provide the initial proposal. In addition, the trustee must thereafter confer in good faith with the labor organization, at reasonable times and for a reasonable period, given the complexity of the case, in attempting to reach a mutually satisfactory modification. Each modification must be based on a business plan for the reorganization of the debtor and reflect the most complete and reliable information available. The trustee must provide the authorized representative all information relevant for the negotiations. If such disclosure could compromise the debtor's position with respect to its competitors in the industry, the court may issue a protective order, subject to the needs of the authorized representative to evaluate the trustee's proposal and an application pursuant to subsection (g) or (h). Modifications proposed by the trustee must: (1) only be proposed as part of a program of workforce and nonworkforce cost savings devised for the reorganization of the debtor, including savings in management personnel costs; (2) be limited to modifications designed to achieve a specified aggregate financial contribution for the retiree group represented by the authorized representative (taking into consideration any labor cost savings negotiated within the 12-month period prior to the filing of the bankruptcy case with respect to the retiree group); (3) be no more than the minimum savings essential to permit the debtor to exit bankruptcy, such that confirmation is not likely to be followed by the liquidation or the need for further financial reorganization of the debtor; and (4) not be disproportionate or overly burden the retiree group, either in the amount of the cost savings sought from such group or the nature of the modifications. Fourth, section 202 amends Bankruptcy Code section 1113(g) to provide that if the trustee and the authorized representative do not reach a mutually satisfactory agreement (after a period of negotiations) and further negotiations are not likely to produce mutually satisfactory modifications, the trustee may file a motion seeking to modify the payment of retiree benefits after notice and a hearing. Absent agreement of the parties, the hearing may not be held earlier than 21 days from when notice of the hearing is provided. Only the debtor and the authorized representative may appear and be heard at the hearing. The court may grant a motion to modify the payment of retiree benefits only if the court: (1) finds that the trustee complied with the requirements of section 1114(f); (2) considered any of the authorized representative's alternative proposals and determined that such proposals do not meet the requirements of section 1114(f)(3)(B); (3) finds that further negotiations are not likely to produce a mutually satisfactory agreement; (4) finds that implementation of the trustee's proposal will not cause irreparable harm to the affected retirees; and (5) concludes that, based on clear and convincing evidence, an order granting the trustee's proposal and its immediate implementation is essential to permit the debtor's exit from bankruptcy such that confirmation is not likely to be followed by the liquidation or the need for further financial reorganization of the debtor in the short term. If the trustee has implemented a program of incentive pay, bonuses, or other financial returns for insiders, senior executive officers, or the 20 next most highly compensated employees or consultants (or such program was implemented within 180 days before the bankruptcy case was filed), the court must presume that the debtor failed to satisfy the requirements of section 1114(f)(3)(C). Fifth, section 202 strikes subsection (k) and makes conforming revisions. Sec. 203. Protection of Employee Benefits in a Sale of Assets. Section 203 amends Bankruptcy Code section 363(b), which authorizes a debtor to sell or use property of the estate other than in the ordinary course of business (under certain circumstances), to add a new requirement. New section 365(b)(3) requires the court, in approving a sale, to consider the extent to which a bidder's offer: (1) maintains existing jobs; (2) preserves terms and conditions of employment, and (3) assumes or matches pension and retiree benefit obligations in determining whether such offer constitutes the highest or best offer for the property. Sec. 204. Claim for Pension Losses. Section 204 adds a new subsection to Bankruptcy Code section 502, which pertains to the allowance of claims and interests. New subsection (1) requires the court to allow a claim by an active or retired participant (or by a labor organization representing such participants) in a defined benefit pension plan terminated under section 4041 or 4042 of the Employee Retirement Income Security Act of 1974 (ERISA) for any shortfall in pension benefits accrued as of the effective date of the pension plan's termination as a result of such termination and limitations upon the payment of benefits imposed pursuant to section 4042 of such Act, notwithstanding any claim asserted and collected by the Pension Benefit Guaranty Corporation with respect to such termination. In addition, section 204 adds subsection (m) to Bankruptcy Code section 502 to require a court to allow a claim described in Bankruptcy Code section 101(5)(C) (as amended by this legislation) by an active or retired participant (or a labor union representing such participant) in a defined contribution plan (within the meaning of section 3(34) of ERISA). The amount of such claim must be measured by the market value of the stock at the time of contribution to, or purchase by, the plan and the value as of the commencement of the case. Sec. 205. Payments by Secured Lender. Bankruptcy Code section 506(c) authorizes the debtor to recover from property securing an allowed secured claim the reasonable and necessary expenses incurred to preserve or dispose of such property to the extent the secured creditor benefits from such expenditures. Section 205 amends section 506(c) to add a new provision. As amended, section 506(c) deems unpaid wages, accrued vacation, severance or other benefits owed under the debtor's policies and practices or owed pursuant to a collective bargaining agreement, for services rendered on and after commencement of the case to be necessary costs and expenses of preserving or disposing of property securing an allowed secured claim. Such obligations must be recovered even if the trustee has otherwise waived the provisions of section 506(c) pursuant to an agreement with the allowed secured claimant or a successor or predecessor in interest. Sec. 206. Preservation of Jobs and Benefits. Section 206 adds a statement of purpose to chapter 11 of the Bankruptcy Code specifying that a chapter 11 debtor must have as its principal purpose the reorganization of its business to preserve going concern value to the maximum extent possible through the productive use of its assets and the preservation of jobs that will sustain productive economic activity. In addition, section 206 amends Bankruptcy Code section 1129(a), which sets out the criteria for confirming a plan, to add a new requirement. New section 1129(a)(17) requires the debtor to demonstrate that the reorganization preserves going concern value to the maximum extent possible through the productive use of the debtor's assets and preserves jobs that sustain productive economic activity. Section 206 also amends Bankruptcy Code section 1129(c), which requires the court to consider the preferences of creditors and equity security holders in determining which plan to confirm. Section 1129(c), as amended, instead requires the court to consider the extent to which each plan would preserve going concern value through the productive use of the debtor's assets and the preservation of jobs that sustain productive economic activity. The court must confirm the plan that better serves such interests. It further provides that a plan that incorporates the terms of a settlement with a labor organization shall presumptively constitute the plan that satisfies this provision. Sec. 207. Termination of Exclusivity. Bankruptcy Code section 1121, in pertinent part, gives a debtor the exclusive authority to file a plan and obtain acceptances of such plan for stated periods of time, under certain circumstances. Section 207 amends section 1121 to specify that cause for shortening these exclusive periods includes: (1) the filing of a motion pursuant to section 1113 seeking rejection of a collective bargaining agreement, if a plan based upon an alternative proposal by the labor organization is reasonably likely to be confirmed within a reasonable time [[Page 66]] or (2) the proposed filing of a plan by a proponent other than the debtor, which incorporates the terms of a settlement with a labor organization, if such plan is reasonably likely to be confirmed within a reasonable time. Title III--Restricting Executive Compensation Programs Sec. 301. Executive Compensation Upon Exit From Bankruptcy. Bankruptcy Code section 1129 specifies the criteria for confirmation of a chapter 11 plan. Section 1129(a)(4), for example, requires that certain services, costs and expenses in connection with the case (or in connection with the plan and incident to the case) to have either been approved by the court (or subject to approval by the court) as reasonable. Section 301 amends section 1129(a)(4) to add a requirement that payments or other distributions under the plan to or for the benefit of insiders, senior executive officers, and any of the 20 next most highly compensated employees or consultants providing services to the debtor may not be approved unless: (1) such compensation is subject to review under section 1129(a)(5), or (2) such compensation is included as part of a program of payments or distributions generally applicable to the debtor's employees and only to the extent that the court determines that such payments are not excessive or disproportionate as compared to distributions to the debtor's nonmanagement workforce. In addition, section 301 amends section 1129(a)(5), which requires the plan proponent to disclose the identity and affiliations of the debtor's officers and others, such as the identity of any insider who will be employed or retained by the reorganized debtor and such insider's compensation. Section 301 amends section 1129(a)(5) to add a requirement that such compensation must be approved (or subject to approval) by the court in accordance with the following criteria: (1) the compensation is reasonable when compared to that paid to individuals holding comparable positions at comparable companies in the same industry; and (2) the compensation is not disproportionate in light of economic concessions by the debtor's nonmanagement workforce during the case. Sec. 302. Limitations on Executive Compensation Enhancements. In general, Bankruptcy Code Section 503(c) prohibits a debtor from making certain payments to an insider, absent certain findings by the court. Section 302 amends section 503(c)(1), which prohibits such payments when they are intended to induce the insider to remain with the debtor's business, in several respects. First, it expands the provision so that it applies a debtor's senior executive officer and any of the debtor's 20 next most highly compensated employees or consultants. Second, it clarifies that the provision prohibits the payment of performance or incentive compensation, a bonus of any kind, and other financial returns designed to replace or enhance incentive, stock, or other compensation in effect prior to the commencement of the case. And, third, it specifies that the court's findings must be based on clear and convincing evidence in the record. In addition, section 302 also amends Bankruptcy Code section 503(c)(3), which prohibits other transfers made or obligations incurred outside of the debtor's ordinary course of business and not justified by the facts and circumstances of the case, including transfers made and obligations incurred for the benefit of the debtor's officers, managers or consultants hired postpetition. Section 302 replaces section 503(c)(3) with a provision prohibiting other transfers or obligations incurred to or for the benefit of insiders, senior executive officers, managers or consultants providing services to the debtor unless they meet certain criteria. First, the court must find, based on clear and convincing evidence (without deference to the debtor's request for authorization to make such payments), that such payments are essential to the survival of the debtor's business or, in the case of a liquidation, essential to the orderly liquidation of the debtor's business and maximization of the value of the debtor's assets. Second, the services for which compensation is sought must be essential in nature. Third, such payments must be reasonable compared to individuals holding comparable positions at comparable companies in the same industry and not disproportionate in light of economic concessions made by the debtor's nonmanagement workforce during the case. Sec. 303. Assumption of Executive Retirement Plans. Section 303 amends Bankruptcy Code section 365, which sets forth the criteria pursuant to which executory contracts and unexpired leases may be assumed and rejected, to add two provisions. New subsection (q) provides that no deferred compensation arrangement for the benefit of a debtor's insiders, senior executive officers, or any of the 20 next most highly compensated employees may be assumed if a defined benefit pension plan for the debtor's employees has been terminated pursuant to section 4041 or 4042 of ERISA on or after the commencement of the case or within 180 days prior to the commencement of the case. New subsection (r) provides that no plan, fund, program, or contract to provide retiree benefits for insiders, senior executive officers, or any of the 20 next most highly compensated employees of the debtor may be assumed if the debtor: (1) has obtained relief under subsection (g) or (h) of section 1114 to impose reductions in retiree benefits; (2) has obtained relief under subsection (d) or (e) of section 1113 to impose reductions in the health benefits of the debtor's active employees; or (3) or reduced or eliminated active employee or retiree benefits within 180 days prior to the commencement of the case. Sec. 304. Recovery of Executive Compensation. Section 304 adds a new provision to the Bankruptcy Code. New section 563(a) provides that if a debtor reduces its contractual obligations under a collective bargaining agreement pursuant to section 1113(d), or retiree benefits pursuant to section 1114(g), then the court, as part of the order granting such relief, must make certain determinations. The court must determine the percentage of diminution in the value of the obligations as a result of such relief. In making this determination, the court must include any reduction in benefits as a result of the termination pursuant to section 4041 or 4042 of ERISA of a defined benefit plan administered by the debtor, or for which the debtor is a contributing employer, effective at any time within 180 days prior to the commencement of the case. The court may not take into consideration pension benefits paid or payable under title IV of ERISA as a result of such termination. If a defined benefit pension plan administered by the debtor, or for which the debtor is a contributing employer, is terminated pursuant to section 4041 or 4042 of ERISA, effective at any time within 180 days prior to the commencement of the case, and the debtor has not obtained relief under section 1113(d), or section 1114(g), new section 563(b) requires the court, on motion of a party in interest, to determine the percentage in diminution in the value of benefit obligations when compared to the total benefit liabilities prior to such termination. The court may not take into account pension benefits paid or payable pursuant to title IV of ERISA as a result of such termination. After such percentage diminution in value is determined, new section 563(c) provides that the estate has a claim for the return of the same percentage of the compensation paid, directly or indirectly (including any transfer to a self- settled trust or similar device, or to a nonqualified deferred compensation plan under section 409A(d)(1) of the Internal Revenue Code of 1986) to certain individuals. These individuals include: (1) any officer of the debtor serving as a member of the debtor's board of directors within the year before the filing of the case; and (2) any individual serving as chairman or as lead director of the board of directors at the time when relief under section 1113 or section 1114 is granted, or if no such relief has been granted, then the termination of the defined benefit plan. New section 563(d) provides that a trustee or committee appointed pursuant to section 1102 may commence an action to recover such claims. If neither commences such action by the first date set for the confirmation hearing, any party in interest may apply to the court for authority to recover such claims for the benefit of the estate. The costs of recovery must be borne by the estate. New section 563(e) prohibits the court from awarding postpetition compensation under section 503(c) or otherwise to any person subject to the provisions of section 563(c) if there is a reasonable likelihood that such compensation is intended to reimburse or replace compensation recovered by the estate pursuant to section 563. Sec. 305. Preferential Compensation Transfer. Bankruptcy Code section 547 authorizes preferential transfers to be avoided. Section 305 adds a new subsection to section 547 to permit the avoidance of a transfer to or for the benefit of an insider (including an obligation incurred for the benefit of an insider under an employment contract) made in anticipation of bankruptcy. The provision also permits the avoidance of a transfer made in anticipation of a bankruptcy to a consultant who is formerly an insider and who is retained to provide services to an entity that becomes a debtor (including an obligation under a contract to provide services to such entity or to a debtor) made or incurred within one year before the filing of the bankruptcy case. In addition, new section 547(j) provides that no provision of section 547(c) (specifying certain exceptions to section 547) may be utilized as a defense. Further, section 547(j) permits the trustee or a committee to commence such avoidance action. If neither do so as of the date of the commencement of the confirmation hearing, any party in interest may apply to the court for authority to recover the claims for the benefit of the estate. The costs of recovery must be borne by the estate. Title IV--Other Provisions Sec. 401. Union Proof of Claim. Section 401 amends Bankruptcy Code section 501(a) to permit a labor organization (in addition to a creditor or indenture trustee) to file a proof of claim. Sec. 402. Exception from Automatic Stay. Section 402 amends Bankruptcy Code section 362(b) to create an additional exception to the automatic stay with respect to the commencement or continuation of a grievance, arbitration or similar dispute resolution proceeding established by a collective bargaining agreement that was or could have [[Page 67]] been commenced against the debtor before the filing of the bankruptcy case. The exception also applies to the payment or enforcement of awards or settlements of such proceeding. ____________________ CORAL REEF CONSERVATION ACT REAUTHORIZATION AND ENHANCEMENT AMENDMENTS OF 2013 _____ HON. MADELEINE Z. BORDALLO of guam in the house of representatives Thursday, January 3, 2013 Ms. BORDALLO. Mr. Speaker, today I reintroduced a bill to amend and reauthorize the Coral Reef Conservation Act of 2000. Conservation of coral reef ecosystems is essential to protect public health, promote environmental sustainability, and ensure long-term economic progress for the jurisdictions we represent in Congress. The sovereign waters of the United States off the coast of Guam, and in the Pacific region as a whole, contain a majority of the shallow-water coral reefs in the United States, as well as some of the world's greatest coral reef biodiversity. These reefs, and reefs around the world, provide habitat and shelter for fisheries, provide food and recreation for our residents, and are the basis for marine tourism industries. Coral reefs also provide important mitigation from extreme weather events, including hurricanes and typhoons, by absorbing up to 90% of wave energy, mitigating some of the most costly aspects of severe storms. Coastal storms account for 71% of annual disaster losses. Healthy reef systems may protect an estimated $47,000 of property value for every meter of reef during severe weather events. Today, however, various pressures on the world's reefs threaten to destroy them and the numerous ecosystem services, valued at over $8 billion, which they provide. These threats have led the National Oceanic and Atmospheric Administration to propose that 54 species be listed as threatened and 12 species be listed as endangered under the Endangered Species Act of 1973. Unless the United States acts in conjunction with the global community to support focused, prolonged action on coral reef education, research, and management, the condition of our coral reefs will continue to degrade. Since its enactment in 2000, the Coral Reef Conservation Act has stimulated a greater commitment to protect, conserve, and restore coral reef resources within jurisdictional waters of the United States. As a result, we now have a much better grasp of the condition of our coral reefs, and more focused management capability than at any time in our history. The Coral Reef Conservation Act Reauthorization and Enhancement Amendments of 2013 expands emergency response mechanisms, establishes a new community-based planning grants program, promotes international cooperation, and recognizes the important contributions of the U.S. Department of the Interior in coral reef management and conservation efforts. The bill does not authorize any new funding. This bill would also codify the United States Coral Reef Task Force established in 1998 by President Clinton through Executive Order 13089. The work of the Task Force and its mission to coordinate the efforts of the United States in promoting conservation and the sustainable use of coral reefs internationally is vital to our interests. Since 1998, the Task Force has acted to facilitate and support better management and conservation of coral reef resources at the local level. Many beneficial efforts, such as the development and implementation of local action strategies to address threats to our reefs, are underway thanks to the work of the Task Force and its member agencies. I would like to thank Reps. Pierluisi, Farr, Christensen, and Wasserman Schultz for joining me as original cosponsors and I look forward to working with my colleagues on both sides of the aisle to advance this legislation to enhance our capacity for the conservation and restoration of healthy and diverse coral reef ecosystems. ____________________ OUR UNCONSCIONABLE NATIONAL DEBT ______ HON. MIKE COFFMAN of colorado in the house of representatives Thursday, January 3, 2013 Mr. COFFMAN. Mr. Speaker, on January 3, 2009, the day I took office, the national debt was $10,627,961,295,930.67. Today, it is $16,432,705,914,255.48. We've added $5,804,744,618,324.81 to our debt in 4 years. This is a $5.8 trillion in debt our nation, our economy, and our children could have avoided with a Balanced Budget Amendment. I have advocated for a Balanced Budget Amendment since I was sworn in for this very reason. I will be once more forming the Balanced Budget Amendment Caucus to fight for a return to fiscal responsibility. We must stop this unconscionable accumulation of debt. ____________________ INTRODUCTION OF THE HEALTH INSURANCE INDUSTRY ANTITRUST ENFORCEMENT ACT OF 2013 _____ HON. JOHN CONYERS, JR. of michigan in the house of representatives Thursday, January 3, 2013 Mr. CONYERS. Mr. Speaker, today I am pleased to introduce the Health Insurance Industry Antitrust Enforcement Act of 2013. This bill would level the playing field between health care professionals and insurance companies in the health care industry and improve the quality of patient care. The Health Insurance Industry Antitrust Enforcement Act of 2013 would eliminate the antitrust immunity provided under the McCarran-Ferguson Act for price fixing, bid rigging, and market allocation by health insurance issuers or medical malpractice insurers. The bill would also repeal the McCarran-Ferguson exemption for the business of health insurance and enable enforcement by the Federal Trade Commission. The purpose of this bill is to extend antitrust enforcement over health insurers and medical malpractice insurance issuers, which currently enjoy broad antitrust immunity under the McCarran-Ferguson Act. This immunity can serve as a shield for activities that might otherwise violate federal law. This bill will end the mistake Congress made in 1945 when it added an antitrust exemption for insurance companies into the McCarran-Ferguson Act. The blanket antitrust exemption created by the 1945 bill has shielded health insurance companies from legal accountability for decades. Our nation's antitrust laws exist to protect free-market competition and this bill will restore competition to the health insurance marketplace. The House Judiciary Committee held extensive hearings on the effects of the insurance industry's antitrust exemption throughout the 1980s and early 1990s. It became clear that the exemption was not needed to enable the insurance industry to provide any service to their policyholders, and that policyholders and the economy in general would benefit from increased competition among insurance providers. I urge my colleagues to support this bill because it would prohibit price fixing, bid rigging, and market allocation, pernicious practices that are detrimental to competition and result in fewer options and higher prices for consumers. The bill I introduce today is intended to root out unlawful activity in an industry that has grown complacent by decades of protection from antitrust oversight. In doing so, we aim to make health insurance more affordable to more Americans. ____________________ THE 2ND ANNUAL DR. MARTIN LUTHER KING JR. MEMORIAL TRIBUTE ______ HON. WM. LACY CLAY of missouri in the house of representatives Thursday, January 3, 2013 Mr. CLAY. Mr. Speaker, I rise today to give distinct recognition to the 2nd Annual Dr. Martin Luther King Jr. Memorial Tribute--an event paying tribute to men and women of diverse social strata committed to strengthening civil rights, corporate responsibility, civic involvement, education and humanitarian efforts through dedicated responsibilities. Saint Louis University will honor six distinguished individuals at the event, with the Donald Brennan Humanitarian Award bestowed upon Dr. Karla Scott, Director of Black Studies for the University. In addition, the Martin Luther King Civil Rights Award will recognize Ms. Xernona Clayton, for her extraordinary commitment to the advancement of the civil rights movement. Other awardees include Kathy Osborn, the President and CEO of the Regional Business Council for her civic dedication, Judge Jimmie Edwards, founder of the Innovative Concept Academy for bridging the academic achievement gap of African American students, and James Buford, President and Chief Executive Officer of the Urban League of Metropolitan [[Page 68]] St. Louis for his leadership in service to the community. This year's celebrated corporate leadership awards will honor the efforts of Thomas Voss and Keith Williamson. Voss, the President of Ameren Corporation, and Williamson, Senior Vice President of Centene Corporation have demonstrated exemplary social responsibility to remove barriers to the success of minorities through their business models, accomplishments and corporate giving. Mr. Speaker, the 2nd Annual Dr. Martin Luther King Jr. Tribute inspires advocacy for social justice through the works, accomplishments and deeds of the honored men and women. I urge my colleagues to join me in recognizing this event slated to be held this January in the beautiful City of St. Louis. ____________________ INTRODUCTION OF THE BALANCED BUDGET CONSTITUTIONAL AMENDMENT ______ HON. BOB GOODLATTE of virginia in the house of representatives Thursday, January 3, 2013 Mr. GOODLATTE. Mr. Speaker, I rise to re-introduce legislation that will amend the United States Constitution to force Congress to rein in spending by balancing the federal budget. We have a spending addiction in Washington, DC, and it has proven to be an addiction that Congress cannot control on its own and which is bringing dire consequences. We have gone in a few short years from a deficit of billions of dollars to a deficit of trillions of dollars. We are printing money at an unprecedented pace, which presents serious risks of massive inflation. Our national debt recently surpassed an astonishing $16 trillion and continues to rapidly increase, along with the waste associated with paying the interest on that debt. Our first Secretary of State, Thomas Jefferson, warned of the consequences of out-of-control debt when he wrote: ``To preserve [the] independence [of the people,] we must not let our rulers load us with perpetual debt. We must make our election between economy and liberty, or profusion and servitude.'' Unfortunately, it increasingly appears that Congress has chosen the latter path. Our current Secretary of State, Hillary Clinton, issued a similar warning when she recently declared: ``I think that our rising debt levels[sic] poses a national security threat, and it poses a national security threat in two ways. It undermines our capacity to act in our own interest, and it does constrain us where constraint may be undesirable. And it also sends a message of weakness internationally.'' Despite these warnings, Congress has refused to address this crisis. Congress' spending addiction is not a partisan one. It reaches across the aisle and afflicts both parties, which is why neither party has been able to master it. We need outside help. We need pressure from outside Congress to force Congress to rein in this out-of-control behavior. We need a balanced budget amendment to our Constitution. That is why I am introducing this legislation, which garnered 261 bipartisan votes when it came before the House for a vote last Congress. This bill would amend the Constitution to require that total spending for any fiscal year not exceed total receipts and require the President to propose budgets to Congress that are balanced each year. It would also provide an exception in times of war and during military conflicts that pose imminent and serious military threats to national security. Furthermore, the legislation would make it harder to increase taxes by requiring that legislation to increase revenue be passed by a true majority of each chamber and not just a majority of those present and voting. Finally, the bill requires a 3/5 majority vote for any increases in the debt limit. Our federal government must be lean, efficient and responsible with the dollars that our nation's citizens worked so hard to earn. We must work to both eliminate every cent of waste and squeeze every cent of the value out of each dollar our citizens entrust to us. Families all across our nation understand what it means to make tough decisions each day about what they can and cannot afford and government officials should be required to exercise similar restraint when spending the hard-earned dollars of out nation's citizens. By amending the Constitution to require a balanced budget, we can force the Congress to control spending, paving the way for a return to surpluses and ultimately paying down the national debt, rather than allow big spenders to lead us further down the road of chronic deficits and in doing so leave our children and grandchildren saddled with debt that is not their own. This concept is not new. 49 out of 50 states have a balanced budget requirement. Our nation faces many difficult decisions in the coming years, and Congress will face great pressure to spend beyond its means rather than to make the difficult decisions about spending priorities. Unless Congress is forced to make the decisions necessary to create a balanced budget, it will always have the all-too-tempting option of shirking this responsibility. The Balanced Budget Constitutional amendment is a common sense approach to ensure that Congress is bound by the same fiscal principles that guide America's families each day. I urge support of this important legislation. ____________________ SALUTE TO SLOVAK REPUBLIC ______ HON. JOHN L. MICA of florida in the house of representatives Thursday, January 3, 2013 Mr. MICA. Mr. Speaker, I rise today to congratulate our ally and friend, the Republic of Slovakia, on her 20th anniversary of independence. In two brief decades, Slovakia has dramatically transitioned to an independent, democratic and economically viable free nation. As some of my colleagues may know, my great grandparents emigrated from Slovakia to the United States at the turn of the last century. Like so many others, my family was drawn to America by the promises of freedom and opportunity. My ancestors would be proud to see both the progress of America over that century and the positive development of the Slovak Republic in its 20 years of independence. For a millennia, the Slovak people were ruled or governed by others. After centuries of power shifts and realignments, in 1989, the Velvet Revolution brought down the communist regime in Czechoslovakia. Democracy came to that nation as formerly jailed dissident and political activist Vaclav Havel was elected to the presidency. However, the Slovak people's yearning for self-governance was not realized until 1993. Following the peaceful separation of the Czech and Slovak Republics, January 1, 1993 marks the birth of the Second Slovak Republic. As fate would have it, days later I was sworn in as a Member of the U.S. House of Representatives. As one of the Members of Congress with Slovak ancestry, I have been proud to work with many who have been so successful in strengthening U.S.-Slovak relations and to aid in the political and economic development of the Slovak Republic. Like any new democracy, the Slovak Republic has experienced some growing pains. After President Michal Kovacs service as the first president, my good friend and former Kosice Mayor Rudolf Schuster was elected president after a constitutional amendment changed the presidency to a directly elected position. His successor is now President Ivan Gasparovic. I commend these and all the other Slovak leaders who have helped fashion a new era for their people. Even with many difficult challenges as a new nation, the Slovak Republic made outstanding progress over the last 20 years, and I am proud to have played a very small part in its history. In 2000, Slovakia became a member of the Organization for Economic Co-operation and Development and in 2004, joined both NATO and the European Union. The Republic of Slovakia and its people continue to provide international leadership both in Europe and throughout the world. For the United States and the American people, we are fortunate to have such a strong ally and friend in the family of nations. So today we salute and congratulate the Slovak Republic on the special occasion of their 20th anniversary of independence. We wish them every continued future success as they mark this historic milestone. I ask my colleagues to join me in congratulating the Slovak Republic and look forward to peace and prosperity for both of our countries for decades to come. ____________________ INTRODUCTION STATEMENT; H.R. 40 THE COMMISSION TO STUDY REPARATION PROPOSALS FOR AFRICAN-AMERICANS ACT ______ HON. JOHN CONYERS, JR. of michigan in the house of representatives Thursday, January 3, 2013 Mr. CONYERS. Mr. Speaker, I am pleased to re-introduce H.R. 40, the Commission to Study Reparations Proposals for African-Americans Act. Since I first introduced H.R. 40 [[Page 69]] in 1989, we have made substantial progress in elevating this issue in the national consciousness. Through legislation, state and local resolutions and litigation, we are moving closer to a full dialogue on the role of slavery in building this country. In the 110th Congress, the House passed a slavery apology bill on July 29, 2008, in which the House issued a formal apology for slavery. The Senate followed on July 18, 2009, with the passage of S. Con. Res. 26 which was sponsored by Tom Harkin of Iowa. In recognition of the 200th anniversary of the abolition of the transatlantic slave trade on January 1, 1808, both the House and Senate passed legislation creating a commemoration commission, which was signed into law on February 5, 2008. I believe that such Federal efforts are significant steps toward proper acknowledgment and understanding of slavery and its implications, but our responsibilities on this matter are even greater. The establishment of a commission to study the institution of slavery in the United States, as well as its consequences that reach into modern day society, is our responsibility. This concept of a commission to address historical wrongs is not unprecedented. In fact, in recent Congresses, commission bills have been put forward. In 1983, a Presidential Commission determined that the internment of Japanese Americans during World War II was racist and inhumane, and as a result, the 1988 Civil Liberties Act provided redress for those injured by the internment. However, the internment of Japanese Latin Americans in the United States during World War II was not examined by the Commission, resulting in legislation calling for a commission to examine this oversight. Legislation establishing a commission to review the injustices suffered by European Americans, European Latin Americans, and Jewish refugees during World War II has also been proposed. H.R. 40 is no different than these other commission bills. H.R. 40 establishes a commission to examine the institution of slavery and its legacy, like racial disparities in education, housing, and healthcare. Following this examination, the commission would recommend appropriate remedies to Congress. As I have indicated before, remedies do not equate to monetary compensation. In the 110th Congress, I convened the first Congressional hearing on H.R. 40. With witnesses that included Professor Charles Ogletree, Episcopal Bishop M. Thomas Shaw, and Detroit City Councilwoman JoAnn Watson, we began a formal dialogue on the legacy of the transatlantic slave trade. This Congress, I look forward to continuing this conversation so that our nation can better understand this part of our history. Attempts to eradicate today's racial discrimination and disparities will be successful when we understand the past's racial injustices and inequities. A commission can take us into this dark past and bring us into a brighter future. As in years past, I welcome open and constructive discourse on H.R. 40 and the creation of this commission in the 113th Congress. ____________________ THE ILLEGAL, UNREPORTED, AND UNREGULATED FISHING ENFORCEMENT ACT OF 2013 ______ HON. MADELEINE Z. BORDALLO of guam in the house of representatives Thursday, January 3, 2013 Ms. BORDALLO. Mr. Speaker, today I reintroduce legislation to strengthen enforcement mechanisms to stop illegal, unreported, and unregulated (IUU) fishing. Illegal fishing threatens the economic and social infrastructure of fishing communities, and the security of the United States and our allies around the world, by decreasing opportunities for legitimate and conscientious fishermen. Guam, and the other Pacific islands, host rich fisheries resources, including pristine reefs, diverse communities of reef fish, and large populations of sharks and valuable tuna; important economic and cultural assets for the islands. IUU fishing threatens these resources. There have been several incidents of foreign fishing vessels operating within the United States' EEZ with impunity--a significant national security and economic risk to our country. This problem can be particularly acute in places like Guam, where the EEZ is vast, and where the United States Coast Guard, despite its best efforts, has insufficient resources to patrol all of our waters. The United States' Pacific lands represent 43% of the EEZ. Our focus should be on the posture of our Coast Guard in the Asia-Pacific region. The Navy and Coast Guard have recognized the economic and security threats posed by illegal fishing in Oceania and it is incumbent on the Administration and Congress to put resources towards these requirements. The loss of economic opportunity weakens our allies in the Pacific and strengthens resource conflicts in the region. Recent reports have documented that IUU fishing accounts for between 10 and 22% of the reported global fish catch, or $9-24 billion in gross revenues each year (MRAG, 2009, Sumaila et al., 2006 and Agnew et al., 2009). The Coast Guard estimates that over $1.7 billion is lost annually to IUU fishing in the Pacific Islands. Additional action is needed from Congress if we are to be successful in combating IUU fishing and the depletion of fish stocks worldwide. This bill will help to provide our Coast Guard with the tools to better enforce regulations throughout the sector. The ``Illegal, Unreported, Unregulated Fishing Enforcement Enhancement Act of 2013,'' which I introduced today, further enhances the enforcement authority of NOAA and the U.S. Coast Guard to regulate IUU fishing. This bill would amend international and regional fishery management organization (RFMO) agreements to incorporate the civil penalties, permit sanctions, criminal offenses, civil forfeitures and enforcement sections of the Magnuson-Stevens Fishery Conservation and Management Act. It would strengthen enforcement authority of NOAA and the U.S. Coast Guard to inspect conveyances, facilities, and records involving the storage, processing, transport and trade of fish and fish products, and to detain fish and fish products for up to five days while an investigation is ongoing. In addition, this bill makes technical adjustments allowing NOAA to more effectively carry out current IUU identification mandates, including extending the duration of time for identification of violators from the preceding two years to the preceding three years. This bill broadens data sharing authority to enable NOAA to share information with foreign governments and clarifies that all information collected may be shared with international organizations and foreign governments for the purpose of conducting enforcement. This bill would also establish an international cooperation and assistance program to provide technical expertise to other nations to help them address IUU fishing. This bill, however, does not authorize new funding or appropriations. The bill is a cost neutral measure that would enhance our nation's security. Finally, this bill implements the Antigua Convention, an important international agreement that provides critical updates to the principles, functions, and processes of the Inter-American Tropical Tuna Commission (IATTC) to manage fisheries in the eastern Pacific Ocean. The Antigua Convention modernizes the IATTC and increases its capacity to combat IUU fishing and illegal imports of tuna product. Without implementing legislation, the U.S. does not have the authorities necessary to satisfy its commitments under the Antigua Convention, including addressing IUU in the eastern Pacific Ocean. Increased enforcement increases stability among our allies in the Western Pacific. Many nations depend upon fishing as a vital component of their national economy. Fishing communities are the lifeblood of Guam, part of a cultural history extending back centuries. Protecting our fishermen from illegal fishing enhances economic opportunities and protects cultural and natural resources that our communities rely upon. IUU fishermen are ``free riders'' who benefit unfairly from the sacrifices made by U.S. fishermen and others for the sake of proper fisheries conservation and management. I would like to thank Reps. Markey, Sablan, Pierluisi, and Christensen for joining me as original cosponsors and I look forward to working with my colleagues on both sides of the aisle to advance this important bill through the legislative process. ____________________ HIGHER TAXES, MORE SPENDING: NOT A COMPROMISE ______ HON. DAVID B. McKINLEY of west virginia in the house of representatives Thursday, January 3, 2013 Mr. McKINLEY. Mr. Speaker, as Congress approached the final hours before going over the so-called ``fiscal cliff,'' the House was faced with a difficult choice. It could amend the controversial Senate plan and return it to them or the House could accept or reject it. Amending the plan was not a viable option because the Senate had refused to consider any changes. Thus it became a ``take it or leave it'' vote. I was elected to come to Washington to reduce the size of government and decrease spending; therefore, I voted against the flawed Senate plan. [[Page 70]] In summary: although the legislation had certain positive attributes, the principal effect of the bill raised taxes, increased spending and only promised future spending cuts. It failed to address our long-term debt problem and looks nothing like the balanced approach promised by President Obama. America is now burdened with more than $16 trillion of debt, and Congress has failed to cut spending that it promised the public. Let's have a splash of reality: America is facing another $1.2 trillion deficit for this year as it has for the past four years. This solution adopted by Congress not only does not reduce this year's deficit, but it adds to it. According to the official estimate by the Congressional Budget Office, the Senate deal includes more than $330 billion in new deficit spending over the next decade. Additionally, the bill calls for $620 billion in increased tax revenues over ten years but incredibly includes only $15 billion in spending reductions. That equates to a ratio of $1 in spending cuts to $41 in increased tax revenue, even though the President promised $2.50 in spending cuts for every $1 in new revenue during his campaign. The highly touted Simpson-Bowles Commission recommended a 3:1 ratio. It should be self-evident that the $60 billion in new revenue annually is woefully insufficient to pay down the deficit. Where will we find the remaining $1.14 trillion to eliminate the deficit? We have a spending problem in Washington, not a taxing problem. I had been willing to support a compromise that included additional, but limited, tax revenue if the plan also had included significant spending reductions and commonsense entitlement reforms. However the bill lacked that balance. These concerns were not limited to conservatives. Senator Michael Bennet (D-CO) also opposed the plan on these same grounds, saying, ``We want a plan that materially reduces the deficit. This proposal does not meet that standard and does not put in place a real process to reduce the debt down the road.'' In a similar statement, Chairman of the Federal Reserve Ben Bernanke called the current levels of spending ``unsustainable,'' and cautioned that ``fiscal policy must be placed on a sustainable path that eventually results in a stable or declining ratio of federal debt to GDP.'' This plan does nothing to put us on that sustainable path. Americans once again are being promised spending cuts in the future in exchange for immediate increases in taxes. We've seen this movie before--the spending cuts unfortunately never happen. This has played out twice with similar results: In 1982, Congress promised President Reagan $3 in spending cuts for every $1 in tax hikes but the spending cuts never happened. In 1990, President George H.W. Bush reluctantly agreed to $2 in spending cuts for every $1 in tax increases but none of those cuts occurred either. The frustration of this process takes its toll. The final bill was presented in the Senate in the early morning hours and hastily cobbled together. Senators had only minutes to review the legislation before voting on it. According to one Senate aide, their office was emailed a copy of the legislation at 1:36 a.m. and the vote began nine minutes later at 1:45 a.m. The Senate obviously was not given sufficient time to read the bill that was over 150 pages long. For the Senate to agree to legislation in the wee hours of the morning without a thorough review is not how the process should work. It reminds me of the quote from Nancy Pelosi during the debate over ObamaCare when she said, ``we have to pass the bill to find out what's in it.'' With more time to review the bill, we found that not only does it increase taxes with almost no spending cuts, but it also includes other questionable provisions such as: $12.1 billion in tax breaks for wind energy; $222 million in loopholes for Puerto Rican rum producers; $248 million in incentives for Hollywood studios; and $62 million in tax breaks for American Samoa businesses. America can't afford this. As my record reflects, I have already voted to extend the Bush-era tax rates for all Americans and $5.5 trillion in spending cuts--both of which were opposed by the Senate. I will continue to fight to maintain the lowest tax burden for middle class families and small businesses and work to stop Washington's addiction to spending. The Senate sent us a bill that contained tax increases, no significant spending cuts, increased the federal debt and then refused to consider any changes from the House. Therefore I had no other recourse but to oppose the final plan. I am hopeful in the coming months we can move past this end-of-year mess and turn our attention to stopping out-of-control spending. Congress needs to address the real problem facing our country-- excessive government spending that will be paid for by our children and grandchildren. ____________________ RECOGNIZING PLEASANT HOPE HIGH SCHOOL SOFTBALL ______ HON. BILLY LONG of missouri in the house of representatives Thursday, January 3, 2013 Mr. LONG. Mr. Speaker, I rise today to recognize the Pleasant Hope High School Softball Team on their victory in the Class 2 State Championships. The Lady Pirates' come-from-behind victory over Brookfield capped off their 28-2 season with Pleasant Hope's first ever State championship. These young ladies ended the season as one of the greatest offensive teams in the history of Missouri. They batted an astounding .415 as a team, held an on base percentage of .456, and were successful with 95 out of 100 stolen base attempts. Their dominant play style allowed them to amass 353 hits over the course of their 30 games. I congratulate the school and the players on their victory, and applaud the hard work that has brought them so much success. I am proud to recognize the athletic achievements of the residents of the Seventh District of Missouri. ____________________ INTRODUCTION OF THE ``JOHN HOPE FRANKLIN TULSA-GREENWOOD RIOT ACCOUNTABILITY ACT'' ______ HON. JOHN CONYERS, JR. of michigan in the house of representatives Thursday, January 3, 2013 Mr. CONYERS. Mr. Speaker, I am pleased to reintroduce the John Hope Franklin Tulsa-Greenwood Riot Accountability Act. This legislation will create a federal cause of action to allow the survivors of the Tulsa- Greenwood Riot of 1921 to seek a determination on the merits of their civil rights and other claims against the perpetrators of the riot in a federal court of law. This legislation is named in honor of the late Dr. John Hope Franklin, the noted historian, who was a first-hand witness to the destructive impact that the riot had on the African-American community of Tulsa. Dr. Franklin made numerous scholarly contributions to the understanding of the long term effects of the riot on the city and worked to keep the issue alive in history and on the minds of policymakers. On April 24, 2007, he served as a witness, testifying in favor of the legislation, and its passage would be a fitting tribute to his memory and to a community that has never received its fair day in court. The Greenwood neighborhood of Tulsa, Oklahoma, was one of the Nation's most prosperous African-American communities entering the decade of the Nineteen Twenties. Serving over 8000 residents, the community boasted two newspapers, over a dozen churches, and hundreds of African-American-owned businesses, with the commercial district known nationally as the ``Negro Wall Street.'' In May 1921, all that came to an end as 42 square blocks of the community were burned to the ground and up to 300 of its residents were killed by a racist mob. In the wake of the violence, the State and local governments quashed claims for redress and effectively erased the incident from official memory. The 1921 Tulsa Race Riot was one of the most destructive and costly attacks upon an American community in our Nation's history. However, no convictions were obtained for the incidents of murder, arson or larceny connected with the riot, and none of the more than 100 contemporaneously filed lawsuits by residents and property owners were successful in recovering damages from insurance companies to assist in the reconstruction of the community. The case of the Tulsa-Greenwood Riot victims is worthy of congressional attention because substantial evidence suggests that governmental officials deputized and armed the mob and that the National Guard joined in the destruction. The report commissioned by the Oklahoma State Legislature in 1997, and published in 2001, uncovered new information and detailed, for the first time, the extent of the involvement by the State and city government in [[Page 71]] prosecuting and erasing evidence of the riot. This new evidence was crucial for the formulation of a substantial case, but its timeliness raised issues at law, and resulted in a dismissal on statute of limitation grounds. In dismissing the survivor's claims, however, the Court found that extraordinary circumstances might support extending the statute of limitations, but that Congress did not establish rules applicable to the case at bar. With this legislation, we have the opportunity to provide closure for a group of claimants--many over 100 years old--and to close the book on a tragic chapter in history. Racism, and its violent manifestations, are part of our Nation's past that we cannot avoid. With the prosecution of historic civil rights claims, both civil and criminal, we encourage a process of truth and reconciliation that can heal historic wounds. In this case, the Court took ``no great comfort'' in finding that there was no legal avenue through which the plaintiffs could bring their claims. The ``Tulsa- Greenwood Riot Accountability Act'' would simply give Tulsans and all Oklahomans, white and black, victims and non-victims, their day in court. Without that opportunity, we will all continue to be victims of our past. ____________________ SUPPORT OF A RESOLUTION TO PERMIT DELEGATES AND THE RESIDENT COMMISSIONER TO THE CONGRESS TO CAST VOTES IN THE COMMITTEE OF THE WHOLE HOUSE ON THE STATE OF THE UNION ______ HON. MADELEINE Z. BORDALLO of guam in the house of representatives Thursday, January 3, 2013 Ms. BORDALLO. Mr. Speaker, I rise today in support of the resolution offered by my good friend and colleague, Minority Whip Steny Hoyer of Maryland, to restore the voting rights for the Delegates and Resident Commissioner during Committee of the Whole proceedings. The ability to cast a vote is the most basic of rights in our representative democracy. In the people's House, votes cast by members of Congress make us accountable to our constituents and allow them to understand where we stand on important issues. The rules that have been adopted by the 113th Congress once again remove voting rights for members from the territories and the District of Columbia and continue to make this body less transparent and less responsive to the more than four million Americans who live in our districts. These votes are wholly symbolic--they cannot change the outcome of legislation or amendments considered on the floor of this House. But these votes allow us to ensure that the needs of our constituents are addressed in legislation considered by this body. Further, many men and women in uniform come from the territories and the District of Columbia. These dedicated servicemembers sacrifice much for our country, and many have paid the ultimate sacrifice in defense of our freedom. In fact, the per capita death rate for servicemembers from the territories is higher than most states. Unfortunately our majority has determined that despite their service, and the many contributions of the territories and District of Columbia, our constituents will be less represented in the House. Mr. Speaker, giving the Delegates and Resident Commissioner the ability to vote during Committee of the Whole proceedings will allow our voices to be heard during legislation considered by the full House. It will give us parity with other members and strengthen the long- cherished values of this body.