[Congressional Record (Bound Edition), Volume 159 (2013), Part 7]
[Senate]
[Pages 10267-10270]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

        NOMINATION OF PENNY PRITZKER TO BE SECRETARY OF COMMERCE

  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to executive session to consider the following nomination which 
the clerk will report.
  The legislative clerk read the nomination of Penny Pritzker, of 
Illinois, to be Secretary of Commerce.
  The PRESIDING OFFICER. Under the previous order, there is 30 minutes 
of debate equally divided in the usual form.
  The Senator from Illinois.
  Mr. DURBIN. Madam President, for those who are following the debate 
of the Senate, we are in the midst of the debate on the immigration 
reform bill, expecting votes on amendments this week, and then final 
passage. It is a historic and important measure. We have interrupted it 
briefly to consider a nomination that is important as well. It is the 
nomination by President Obama of Penny Pritzker of Chicago to be the 
next Secretary of Commerce in the President's Cabinet.
  I know Penny and I know her family and I know the reputation they 
enjoy in Chicago, in Illinois, and around the world. She is an 
extraordinary person. The Pritzker family has been successful in 
business for many decades and many generations. She stepped up years 
ago and told her father she wanted to play a role in business 
leadership. There weren't that many women involved in business 
leadership at that time, but her father said he would give her an 
opportunity, and he did. She became very successful with the 
corporation, with the family businesses, and has made a name for 
herself over the years.
  Penny has decades of business, entrepreneurial, and, equally 
important for this job, civic experience. Despite her success in the 
private sector, Penny Pritzker and her family have given unsparingly of 
their own time to help many important causes. She understands business 
and economic development, but she also understands the reality of the 
challenges many families face across our country.
  We know the jobs report from earlier this month showed we had 6.9 
million jobs created over 39 consecutive months of private sector job 
growth. That is progress. We have come a long way. But let's make no 
mistake, families are still struggling to find work and many who are 
working are struggling paycheck to paycheck to survive. Penny Pritzker 
will bring considerable experience to the Department of Commerce to 
help us create new businesses and job opportunities in America.
  Penny understands what it takes to build a business from scratch. She 
has done it five different times with startup businesses. She has 
created jobs that support families and communities across America.
  More than creating jobs, she has helped countless people get the 
education they need to connect them with job opportunities.
  She leads Skills for America's Future, a national program bringing 
together businesses, community colleges, and others, preparing workers 
for good-paying 21st century jobs.
  In addition to education, Penny Pritzker is an ardent supporter of 
the arts, which supports economic development and tourism across the 
Nation. She is a member of the American Academy of the Arts and 
Sciences and a trustee of the Kennedy Center.
  There is no question that our economy is headed in the right 
direction. The question is: Who will pursue today's efforts to continue 
that growth and lead us to future success? Who will continue efforts to 
help American businesses in the global marketplace?
  Although we are on the right track, too many businesses in America 
are still struggling to survive. Expanding the new markets is one way 
to help American business and our economy. We need a Secretary of 
Commerce who will not only help small businesses grow and create jobs 
but also open opportunities for businesses to expand their products and 
services across the States, the country, and the globe.
  Penny Pritzker called me a couple of weeks ago and urged me, if 
possible, to do everything I could to try to get her nomination moving 
before July. I talked to Senator Reid, who was fully supportive of the 
President's nominee. The reason she is anxious to do that is because 
important trade discussions are going to begin after the 1st of July 
with some of the leading economic powers around the world. She wanted 
to be at that table. It is important for America that she is.
  Penny knows what it takes to make business work. She knows the tools 
businesses need. What is more, she knows economic development at all 
levels.
  Colleagues from both sides of the aisle agree we need job creation. 
Penny Pritzker has a proven track record in promoting jobs and growth, 
and her leadership will help our country. Her decades of experience 
will serve her well. Ms. Pritzker's wide-ranging perspective will prove 
worthwhile to the future of our Nation as we compete in the global 
marketplace.
  I urge my colleagues to support Ms. Penny Pritzker's nomination, and 
I look forward to working with her as she is hopefully going to be the 
next Secretary of Commerce under the Obama administration.
  Madam President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Arkansas.
  Mr. PRYOR. Madam President, I also rise in support of Penny Pritzker 
for

[[Page 10268]]

Secretary of Commerce. I think she will do an excellent job.
  I ask unanimous consent to speak as in morning business for 3 or 4 
minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Honoring Ken Duke

  Mr. PRYOR. Madam President, I rise today to honor Ken Duke of Hope, 
AR. Ken is an incredible athlete who has a great story and is actually 
here with us today.
  Years ago, as a teenager, Ken was diagnosed with scoliosis and he was 
forced for years to wear a back brace. There were times when he had to 
wear that back brace for 23 hours a day. He underwent surgery and 
numerous treatments. Eventually they put a metal rod in his spine and 
the rod is still there today.
  Despite all of those tough circumstances, he persevered. He went on 
to win his high school district golf tournament. He was wearing the 
back brace, no less.
  In recent years, Ken became a strong advocate for those suffering 
from spinal problems. He now hosts an annual charity golf tournament 
called ``A Day with Duke.''
  Anyway, after playing golf for Henderson State University--and might 
I say, Go Reddies--he turned professional. As do many professional 
golfers, he had his good days and bad days, his ups and downs. It is a 
tough life. He has been out there plugging away week in and week out. 
But this past Sunday Ken had one of his best days of golf he has ever 
had in his career. At the Travelers Championship in Cromwell, CT, Duke 
faced a tense playoff with Chris Stroud. After Stroud had chipped in on 
the 18th hole, the men were neck and neck, both at 12 under par. But 
Ken pushed ahead, making a 2\1/2\ foot birdie putt on the second 
playoff hole to clinch his first PGA tour victory. This was not only a 
great shot and a great round of golf, but it is also a great American 
story.
  Arkansas is very proud of Ken, and we hope there are many wins in his 
future. I wanted to say ``congratulations.''
  Madam President, I yield the floor and suggest the absence of a 
quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  The PRESIDING OFFICER. The Senator from West Virginia.
  Mr. ROCKEFELLER. Madam President, I ask unanimous consent that the 
order for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. ROCKEFELLER. Madam President, I have the honor to chair the 
Commerce Committee and thus have enormous interest in who our next 
Commerce Secretary is going to be. I don't think the President could 
have picked anybody better.
  I have known Penny Pritzker for 30 years. I have Chicago relations in 
my family too. She is a force of nature. That is the thing I want 
people to understand: She is a force of nature. Yes, she is wealthy. 
Yes, she is experienced in business. Yes, she is experienced in public 
service. She is a tiger of energy and purpose.
  The Department of Commerce is probably the most complicated--I don't 
know compared to DOD, but I think it is the most complicated non-DOD 
agency. We have oceans, spectrum, aviation, trains. There are a 
thousand different areas, including all the oceans. It takes a real 
leader and it takes a tough person. We haven't had a tough enough 
person for a while. We had one, but then because of health reasons that 
person had to resign.
  I cannot imagine a better--and I don't say these things often about 
nominees--I cannot imagine a more perfect person to run the Department 
of Commerce than Penny Pritzker. I hope my colleagues will vote for her 
overwhelmingly.
  I thank the Chair and yield the floor, and note the absence of a 
quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. HATCH. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Immigration Reform

  Mr. HATCH. Madam President, I rise today to speak once again on the 
immigration bill before us.
  Before there was a Judiciary Committee markup, before there was an 
immigration bill, and before there was even a Gang of 8, most Senators 
had three basic beliefs: The immigration system is broken, fixing it 
will be neither simple nor easy, and it absolutely needs to be done.
  I share those beliefs. I also rely on two sets of experience.
  I served in this body and on the Judiciary Committee during the 99th 
Congress when we considered the Immigration Reform and Control Act of 
1986, commonly called the Simpson-Mazzoli bill, and during the 110th 
Congress when we considered the Comprehensive Immigration Reform Act of 
2007.
  I voted against both of them. I opposed the 1986 legislation because 
it was self-proclaimed amnesty. I opposed the 2007 legislation because 
it had been developed outside of the Judiciary Committee.
  My participation in the current immigration reform effort has been 
informed by those beliefs and those experiences. We simply must fix our 
broken immigration system, but in doing so we must not repeat either 
the substantive errors from 1986 or the procedural errors from 2007.
  As we all know, most of the media and political attention has focused 
on the border security and legalization parts of this bill. But there 
is much more to it than that.
  I initially focused on two areas. First, working with Senators Rubio, 
Coons, and Klobuchar, I focused on increasing opportunities for high-
skilled immigrants. The bill we introduced, the I-Squared bill, now has 
28 bipartisan cosponsors.
  Second, working with Senators Rubio, Feinstein, and Bennet, I focused 
on developing the guest worker program that will be so important for 
the agricultural sector of our economy. Those discussions were led by 
Senator Feinstein, and there is no question I played a significant role 
in those. This program is the product of true compromise between farm 
workers and growers. I had real questions whether that could be done, 
but it was. I was glad to see it included as part of the Gang of 8 
original bill.
  Another important provision that was made part of the original bill 
was my proposal for permanently extending a visa program for religious 
workers. This provision will provide up to 5,000 visas for foreign 
nationals to work with religious organizations that help America's 
neediest people and underserved communities. I have supported this 
program for many years and am very grateful that the Gang of 8 offered 
to include it in the bill at my request.
  In addition, I commend the Judiciary Committee chairman, Senator 
Leahy, for conducting an open, fair, and thorough markup of S. 744. 
Thankfully, this bill--unlike the bill in 2007--is being handled 
through regular order.
  During the committee's consideration of S. 744, I filed 24 
amendments, 20 of them within Judiciary Committee jurisdiction. I am 
proud of the fact that 15 of those 20 amendments were made part of the 
legislation that is before us now. I do not think ``proud'' is the 
word; I am pleased rather than proud.
  For example, the committee adopted by voice vote my amendment 
establishing strong penalties for cultivating marijuana on Federal 
lands. Mexican drug cartels are driving the expansion of this plague, 
using chemicals and diverting water sources that also harm the 
environment. My amendment will reduce the illegal drugs that enter the 
market and protect America's natural resources at the same time.
  The committee also adopted my amendment to establish a mandatory 
biometric exit system at the 10 busiest international airports. 
Preventing individuals from entering the country illegally is only one 
side of the coin; the other side, of course, is preventing individuals 
from overstaying their visas. We know if that works in those airports, 
we then will be encouraged to expand that in many other ways.

[[Page 10269]]

  Nearly half of those who are currently here illegally came into the 
country legally but did not leave when they were supposed to. My 
amendment tackles part of that equation.
  I do want to respond to what some of my colleagues have said about 
this new biometric system. Some have claimed that my amendment dials 
back current law.
  Let me be clear: I fully support the biometric exit system provided 
for under current law. Sadly, it has not been properly implemented.
  What good is it if legislation simply remains on paper? Do the 
critics of my amendment prefer the status quo, which has accomplished 
absolutely nothing?
  My amendment will actually deploy a real biometric exit system--
something that current law has failed to do. And, by the way, it is 
fully paid for.
  Trust me. This is more than just a figleaf. The Judiciary Committee 
also adopted--once again by voice vote--my amendment to improve 
education and training in the fields of science, technology, 
engineering, and math, or the STEM fields.
  While foreign high-skilled workers play an important part in our 
economy, we need to invest more in developing the American workforce, 
especially the next generation. I look forward to seeing the STEM 
account grow and provide hundreds of millions of dollars directly to 
the States for this critical education and training. That is in the 
bill now.
  I am particularly pleased that the Judiciary Committee adopted a 
package of my amendments establishing a coherent and constructive 
approach to high-skilled immigration. These provisions will ensure that 
the H-1B and L-1 visa categories actually work for a change. I 
especially want to thank Senators Schumer and Durbin for their genuine 
willingness to compromise because these complex issues require a 
delicate balance of interests.
  This is the path I have pursued so far. From the outset of this 
process, I have made it clear that there are issues with this bill 
under the jurisdiction of the Finance Committee. As the ranking member 
of the Finance Committee, I have been working in good faith to ensure 
that those matters are addressed in a responsible and productive way.
  Toward that end, I filed amendments both in committee and on the 
Senate floor and have been working with my colleagues to get them 
included.
  These are important issues that simply cannot be overlooked. For 
example, there was the issue of whether immigrants receiving a change 
in status would be allowed to receive welfare benefits. Under a 
longstanding provision of Federal law, noncitizens, including legal 
immigrants, are not eligible for Federal cash welfare benefits for 
their first 5 years in the country.
  While S. 744 preserved that 5-year ban for RPIs, I know the Obama 
administration believes it has the authority to permit States to spend 
Federal welfare dollars on cash benefits to previously prohibited 
individuals. In order to prevent this or future administrations from 
contravening Federal welfare law, we needed to clarify that the 
Secretary of Health and Human Services cannot permit Federal welfare 
dollars from being spent on noncitizens. That is a system I am not 
willing to support, and I am pleased they accepted my amendment in 
solving that problem.
  Today I am pleased to report that we have successfully negotiated 
provisions that will prevent the administration from waiving the 5-year 
ban on welfare benefits as well as prohibiting the Secretary from 
permitting this type of spending. They have been included as part of 
the compromise package we will be voting on later this week.
  Another problem with the original bill was that it did not adequately 
address Social Security. Specifically, the bill did not state how 
periods of unauthorized employment would be treated in the calculation 
of Social Security benefits.
  Once again, I have worked with my colleagues to reach an agreement on 
a provision that says that periods of unauthorized earnings do not 
count toward determining Social Security benefits. The provision will, 
among other things, prevent people who did not have authorization to 
work in this country from going back and retroactively claiming 
unauthorized periods of work in which they used made-up or stolen 
Social Security numbers.
  This is a necessary step that will help to preserve the integrity of 
our Social Security system. As with the provision on welfare benefits, 
this provision is part of the Leahy compromise amendment.
  According to the Congressional Budget Office and the Joint Committee 
on Taxation, this provision will result in lower spending for Social 
Security and Medicare.
  While I am pleased that we have been able to reach agreement on these 
important issues, there are other Finance Committee issues that have 
not been addressed. There is the issue of when those on the RPI or blue 
card pathways will be eligible for tax credits and health insurance 
premium subsidies under the Affordable Care Act. I filed an amendment 
that would have placed those subsidies in the same category as other 
Federal means-tested programs, which, of course, includes a 5-year 
waiting period once an immigrant attains the status of a lawful 
permanent resident.
  There is also the issue of back taxes. I filed an amendment that 
would have required all RPI applicants to pay their back taxes as a 
condition of receiving a change in status.
  Neither of these two issues is adequately addressed by the current 
version of the legislation. In my view, these are serious problems that 
will need to be fixed before the bill is suitable for the President's 
signature.
  On top of that, there is still the issue of border security. While 
the compromise legislation we will be voting on this week significantly 
improves upon the original draft of this bill, I believe we can and 
should do more.
  So as you see, Madam President, there is still a number of issues 
that need to be resolved. However, as I have said all along, this is a 
process. Reporting the bill out of the Judiciary Committee was one step 
in that process, and passing the bill on the Senate floor is another 
step--a first step.
  I do not think anyone should be under any illusions that when the 
Senate completes its work on the legislation this week, the process is 
finished. The House of Representatives is working on its own bill with 
an entirely different approach. I have already begun reaching out to my 
House colleagues to help address these issues that I believe are 
important, particularly those that fall under the jurisdiction of the 
Senate Finance Committee.
  I hope the House will work to address what I see as significant 
shortcomings in the Senate bill, and I will work hard to ensure that 
those issues are resolved should the bill go to conference.
  With that in mind, I plan to vote in favor of S. 744 later this week. 
As I said before, I share the belief of most of my colleagues that the 
current immigration system is broken and that reform is absolutely 
necessary. As I see it, the only way we can reach that goal is to allow 
the process to move forward.
  Once again, I would like to commend my colleagues for their work on 
this legislation thus far. I hope they will keep an open mind on future 
changes as well. While the final product is far from perfect, I believe 
we are on a path to reaching a reasonable solution to the problems that 
continue to plague our Nation's immigration system.
  I look forward to working with my colleagues on both sides of the 
aisle and on both sides of the Capitol to move this process forward 
toward a successful conclusion.
  Madam President, I yield the floor. In fact, 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. REID. Madam President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The question is, Will the Senate advise and consent to the nomination 
of Penny Pritzker, of Illinois, to be Secretary of Commerce?

[[Page 10270]]


  Mr. REID. Madam President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Rhode Island (Mr. 
Whitehouse) is necessarily absent.
  Mr. CORNYN. The following Senator is necessarily absent: the Senator 
from Utah (Mr. Lee).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 97, nays 1, as follows:

                      [Rollcall Vote No. 161 Ex.]

                                YEAS--97

     Alexander
     Ayotte
     Baldwin
     Barrasso
     Baucus
     Begich
     Bennet
     Blumenthal
     Blunt
     Boozman
     Boxer
     Brown
     Burr
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Chiesa
     Coats
     Coburn
     Cochran
     Collins
     Coons
     Corker
     Cornyn
     Cowan
     Crapo
     Cruz
     Donnelly
     Durbin
     Enzi
     Feinstein
     Fischer
     Flake
     Franken
     Gillibrand
     Graham
     Grassley
     Hagan
     Harkin
     Hatch
     Heinrich
     Heitkamp
     Heller
     Hirono
     Hoeven
     Inhofe
     Isakson
     Johanns
     Johnson (SD)
     Johnson (WI)
     Kaine
     King
     Kirk
     Klobuchar
     Landrieu
     Leahy
     Levin
     Manchin
     McCain
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Moran
     Murkowski
     Murphy
     Murray
     Nelson
     Paul
     Portman
     Pryor
     Reed
     Reid
     Risch
     Roberts
     Rockefeller
     Rubio
     Schatz
     Schumer
     Scott
     Sessions
     Shaheen
     Shelby
     Stabenow
     Tester
     Thune
     Toomey
     Udall (CO)
     Udall (NM)
     Vitter
     Warner
     Warren
     Wicker
     Wyden

                                NAYS--1

       
     Sanders
       

                             NOT VOTING--2

     Lee
     Whitehouse
      
  The nomination was confirmed.
  The PRESIDING OFFICER (Mr. Manchin). Under the previous order, the 
motion to reconsider is considered made and laid upon the table, and 
the President will be immediately notified of the Senate's action.

                          ____________________