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

Vol. 160 WASHINGTON, TUESDAY, SEPTEMBER 16, 2014 No. 132 Senate The Senate met at 10:02 a.m. and was Senator from the State of Montana, to per- 4 p.m. today be under the control of the called to order by the Honorable JOHN form the duties of the Chair. majority and the time from 4 p.m. E. WALSH, a Senator from the State of PATRICK J. LEAHY, until 5 p.m. be under the control of the Montana. President pro tempore. Republicans. Mr. WALSH thereupon assumed the The ACTING PRESIDENT pro tem- PRAYER Chair as Acting President pro tempore. pore. Without objection, it is so or- The Chaplain, Dr. Barry C. Black, of- f dered. fered the following prayer: RESERVATION OF LEADER TIME A FLAWED APPROACH Mr. President, the 18th century Let us pray. The ACTING PRESIDENT pro tem- French philosopher Voltaire once said: Eternal spirit, the fountain of wis- pore. Under the previous order, the dom and strength, we praise You for leadership time is reserved. One day everything will be well, that is our the gift of this day. You sustain us hope. Everything’s fine today, that is our il- with the strength we need to fulfill f lusion. Your purposes for such a time as this. RECOGNITION OF THE MAJORITY There is no better portrayal of the Lead our lawmakers to new levels of LEADER Republican Party’s flawed approach to wisdom, providing them with faith for The ACTING PRESIDENT pro tem- governance than what Voltaire said. their perplexities, insights for their de- pore. The majority leader is recog- Senate Republicans deceive themselves cisions, and light for the path ahead. nized. by thinking their obstruction is good for the Nation, that the status quo is Lord, use our Senators this day as in- f struments of Your powerful providence. helping American families. Meanwhile, Replenish the wells of their spirit with BANK ON STUDENTS EMERGENCY the Republicans are out stumping and Your peace that passes understanding. LOAN REFINANCING ACT—MO- promising the American people that if Hear our prayer, O Lord. Incline Your TION TO PROCEED they just put Republicans in charge, ears to us and give us Your peace. Mr. REID. Mr. President, I move to everything will be better. What are We pray in Your faithful Name. proceed to Calendar No. 409, S. 2432. those promises based on? Certainly not Amen. The ACTING PRESIDENT pro tem- recent history. pore. The clerk will report the motion. Let’s take a look at what Repub- f The legislative clerk read as follows: licans in this body have done for Amer- ican families: Republicans have PLEDGE OF ALLEGIANCE Motion to proceed to Calendar No. 409, S. 2432, a bill to amend the Higher Education blocked the Paycheck Fairness Act not The Presiding Officer led the Pledge Act of 1965 to provide for the refinancing of once, not twice, not even three times of Allegiance, as follows: certain Federal student loans, and for other but four times, thereby preventing I pledge allegiance to the Flag of the purposes. American women from receiving a fair United States of America, and to the Repub- SCHEDULE wage for their work. Remember, this is lic for which it stands, one nation under God, Mr. REID. Mr. President, following simply making it possible for a woman indivisible, with liberty and justice for all. my remarks and those of the Repub- who does the exact same work as a lican leader, the Senate will be in a pe- f man to get paid the exact same amount riod of morning business until 12:30 of money. Republicans have blocked APPOINTMENT OF ACTING p.m. today. During that period of time, legislation to prevent companies from PRESIDENT PRO TEMPORE Senators will be permitted to speak for denying their workers specific health up to 10 minutes each. benefits, including birth control, as re- The PRESIDING OFFICER. The Following morning business, the Sen- clerk will please read a communication quired by Federal law. ate will recess from 12:30 p.m. until 2:15 Republicans also blocked a bill allow- to the Senate from the President pro p.m., to allow for weekly caucus meet- ing Americans with student debt to re- tempore (Mr. LEAHY). The legislative ings. At 2:15 p.m. the Senate will pro- finance their loans at lower interest clerk read the following letter: ceed to rollcall votes on confirmation rates. The student loan debt stands at U.S. SENATE, of the Baran and Burns nominations, $1.3 trillion. It is higher than credit PRESIDENT PRO TEMPORE, followed by several voice votes on exec- card debt. It is higher than any other Washington, DC, September 16, 2014. utive nominations. To the Senate: debt. Under the provisions of rule I, paragraph 3, ORDER OF PROCEDURE Republicans rejected an increase in of the Standing Rules of the Senate, I hereby Mr. President, I ask unanimous con- the minimum wage, essentially rel- appoint the Honorable JOHN E. WALSH, a sent that the time between 3 p.m. and egating millions of hard-working

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

S5595

.

VerDate Sep 11 2014 00:42 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A16SE6.000 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE S5596 CONGRESSIONAL RECORD — SENATE September 16, 2014 Americans to poverty. Republicans cratic Party is blinded by ideology or if business men and women—such as deci- even refused to give unemployment they are so obsessed with the never- sions on whom to hire, how much to benefits to the very long-term unem- ending campaign that they cannot be pay them, and how to run their busi- ployed. Republicans rejected the Bring bothered to govern. ness—and put it in the hands of cor- Jobs Home Act which would end the Whatever the reason, the simple porate bosses. The so-called joint em- absurd practice of American workers truth is this: Washington Democrats ployer standard is all about politics bankrolling the outsourcing of their had a choice between helping the mid- and appeasing the left. very own jobs. dle class and bowing to campaign poll- Big Labor bosses want it because it Republicans even filibustered an ex- sters and the left. It is obvious whom helps them expand and acquire more tension of tax credits that help Amer- they chose. dues at the cost of small business own- ican families. The Republicans have re- The American people are worried ers who employ so many Americans. peatedly refused to pass commonsense about ISIL and the continuing threat This is simply not right. For many in immigration reform that keeps fami- of terrorism. They see a humanitarian the middle class franchising represents lies together, spurs the economy, and crisis at the border. Many struggle a ticket to the dream of opening their reduces our national debt by $1 trillion. every month to pay the bills. Millions own business. For many it may be Let’s not forget, Republicans in Con- still can’t find work. their only chance to live that dream. gress shut down the Federal Govern- How do Democrats respond? They This is how one single mom and sec- ment. Too often Republicans have bring up a bill that would take an eras- ond-generation franchisee put it: rebuffed Democrats’ attempts to give er to the First Amendment. So the To have my franchiser take over greater American families a fair shot. Repub- hard left is clearly in the driver’s seat control of my daily operations would not only change my relationship with them, but licans must know their obstruction is on the other side. That is clear every time the Democratic majority ignores it would ruin the dream of small business hurting our country. The Republicans ownership for many hardworking Americans. the concerns of our constituents to must know the status quo is not work- This is what a hotel franchise in Lex- turn to yet another one of their so- ing. ington had to say: RECOGNITION OF THE MINORITY LEADER called messaging bills, such as the re- cent one on eroding free speech, and it My family came to the United States in The ACTING PRESIDENT pro tem- search of the American dream and we found pore. The Republican leader is recog- is truly a shame. That is not why the it as hoteliers and franchisees. The current nized. American people sent us. franchise model has been instrumental in It is long past time for Democrats to providing my family and me with opportuni- NAVY YARD TRAGEDY drop all the designed-to-fail bills and ties for entrepreneurship and the ability to Mr. MCCONNELL. Mr. President, 1 turn to serious job-creation ideas in- employ over 300 hardworking Kentuckians. year ago today, just a few blocks from stead. There are literally dozens of But this Kentuckian warned that this here, a lone gunman slipped into the House-passed jobs bills on the majority action by the NLRB could end his inde- Navy Yard and tragically took 12 lives. leader’s desk. Why not pick up some of pendence as a small business owner by It was one of the deadliest such attacks them and pass them. Let’s get them to ceding decisions to a far-off corporate on a U.S. military base in American the President. Let’s work together on a headquarters. The NLRB action could history. We have not forgotten those serious energy policy. Let’s join hands have ‘‘devastating impacts on my abil- who fell that day in Building 197, and to erase the strain on working moms ity to create jobs, grow my businesses all of us in the Senate send our condo- and dads. Let’s work toward sensible and support my community,’’ he said. lences to their families and everyone health care reform that doesn’t hurt Extreme, politically motivated pro- who loved them. They are not forgot- the middle class as ObamaCare does. posals such as these hurt our constitu- ten. Let’s help college graduates find full- ents. THE ECONOMY time work and start marching toward It is time to restore the balance to Mr. President, the Democrats who the careers they have always dreamed the National Labor Relations Board. run Washington have had almost 6 of. That is just a start. Let’s take the politics out of it. That is years to fix the economy. They have al- If the Democratic Party is truly in- just what the legislation of my friend ready tried just about everything their terested in getting serious, they should from Tennessee seeks to do. I will let ideology will allow to fix it. They look at the many commonsense policy him explain it, but here is the key: It raised taxes on everything from life- ideas advocated by Senators on my side would restore the NLRB to its proper saving medical devices to personal of the aisle. role as an umpire instead of an advo- medical expenses. They have piled up NLRB REFORM cate for the right or the left. It is the record debt and shoveled billions in Mr. President, my friend the senior kind of thing our constituents want to subsidies to the well connected, and Senator from Tennessee has always see us doing—standing up for reform they have empowered bureaucrats to been a strong advocate for smart re- and against entrenched political inter- cancel health care plans for the middle form policies. He will discuss another ests. class, declared war on the jobs of vul- one of those in just a moment. It is a I am asking our Democratic friends nerable Kentucky families and— bill that would go a long way toward to please shelve the designed-to-fail through EPA’s Waters of the United remedying a serious problem that has playbook and work with Republicans States proposed rule—they are trying been caused by the politics-at-all-cost on a designed-to-succeed agenda in- to regulate every last pond and ditch in mentality I have just described. stead. Six years of failure is quite our country. None of this has worked. Here is the issue: Everybody is famil- enough. According to a recent Gallup survey, iar with the President’s unconstitu- EBOLA EPIDEMIC a solid majority of Americans believes tional effort to pack the National Today President Obama will visit the the economy is actually getting worse, Labor Relations Board with liberal par- Centers for Disease Control and Pre- not better. Let’s not forget that for tisans back in early 2012. Some people vention to announce new efforts to several years the Democrats had super- are also familiar with the NLRB’s more contain the Ebola epidemic in West Af- majority control of Washington, could recent effort to undermine secret bal- rica. The U.S. Africa Command will have passed anything they wanted, and lots for union elections, allow labor stand up a Joint Force Command in all too often they did. bosses access to sensitive employee in- Monrovia, Liberia, to provide com- Since then, a Republican-led House of formation without their consent, and mand and control of U.S. military ac- Representatives has tried to advance prevent companies from building fac- tivities and help coordinate inter- solutions on its own by passing dozens tories in States with laws the Presi- national relief efforts. Current esti- of jobs bills—many with strong bipar- dent’s picks don’t like. mates are that 3,000 military personnel tisan support over in the House. But The NLRB is trying to destroy the will establish an intermediate staging the Democratic majority in the Senate franchisee model that has allowed so base for supplies and equipment, set up simply refuses to take them up, and it many Americans to own and operate a training site to prepare 500 health is hard to understand why. It is hard to their own businesses. They want to care workers per week to provide med- know if today’s Washington Demo- take away independence from small ical care to patients, and stand up a

VerDate Sep 11 2014 02:53 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G16SE6.002 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE September 16, 2014 CONGRESSIONAL RECORD — SENATE S5597 field Defense Department hospital to dangerous threat of Ebola as seriously bipartisanship when it comes to labor care for any of our health care workers as we take the threat of ISIS. laws, my obvious question to my who become ill. Also contributing to I support the administration’s rec- friends on the other side of the aisle is: our national reaction to this epidemic ommendation to spend $30 million in Where were you yesterday? We had a is the U.S. Agency for International the continuing resolution to upgrade chance here on the floor of the Senate Development. the public health efforts there. I sup- to do something on a bipartisan basis The CDC has deployed personnel to port the reprogramming of $500 million for pay equity, equal pay for men and Africa, and the National Institute of to involve the military in a way to deal women in the workplace. Health is developing an investigational with this. I support the effort to spend This is not the first time we faced Ebola vaccine. CDC is also working $58 million, which would be to fast this issue. Lilly Ledbetter became with Customs and Border Patrol to track efforts to develop a treatment somewhat legendary in America. This identify travelers showing any signs of and cure, as well as vaccines to prevent lady, whom I had the privilege to meet infectious disease. it. a few times, had a tough job. She I support these efforts to contain the NLRB REFORM worked at a tire manufacturing facility Ebola epidemic and know we will mon- Mr. President, the Republican leader in Alabama. She worked hard for a itor this humanitarian crisis in the spoke about legislation he and I are in- long time. As she was nearing retire- weeks ahead. troducing today which we call the Na- ment, someone went up to her and said: f tional Labor Relations Board Reform Lilly, you have been a manager around here a lot of years, but they are paying MORNING BUSINESS Act. (The remarks of Senator ALEXANDER you a heck of a lot less than the men The ACTING PRESIDENT pro tem- pertaining to the introduction of S. who have the same job in this plant. pore. Under the previous order, the 2814 are printed in today’s RECORD She didn’t quit. Senate will be in a period of morning under ‘‘Statements on Introduced Bills They don’t publish the wages of all business until 12:30 p.m., with Senators and Joint Resolutions.’’) coworkers so that you would know permitted to speak therein for up to 10 Mr. ALEXANDER. I thank the Chair. this. She was upset about it. She spent minutes each. I yield the floor. all those years working there and she The Senator from Tennessee. The ACTING PRESIDENT pro tem- was being discriminated against be- f pore. The Senator from Illinois. cause she was a woman. She filed a EBOLA EPIDEMIC Mr. DURBIN. Mr. President, I have lawsuit, as she was entitled to under great respect for the Senator from Ten- the law, saying that this was discrimi- Mr. ALEXANDER. Mr. President, be- nessee, having worked together on natory and she was entitled to back fore discussing the legislation involv- many issues, as politicians often throw pay for this discrimination. ing the National Labor Relations those words around. He is a good per- The Supreme Court, right across the Board which the Republican leader son, a good Senator. I enjoy working street, threw out the lawsuit and said mentioned, I wish to align myself with with him. I do have to take exception she didn’t report this discrimination in his comments on the Ebola epidemic. to one thing, though. a timely fashion. She didn’t report that In my view, he is right to support the f she was being paid less within a certain President’s effort for a more urgent re- number of months, and her response sponse to this epidemic. EQUAL PAY was: How would I even know that? I I am not given to making overstate- Mr. DURBIN. Yesterday we had a don’t know what that man who was the ments—I think that would be a fair vote on a labor issue. This was a vote manager next to me is being paid any reputation in this body—but I believe as to whether men and women in the more than he knows what I am being we should treat the Ebola epidemic as workplace working the same jobs get paid. seriously as we treat the danger of the same pay. Most people would say: That is what the Supreme Court de- ISIS. Why would I say that? Because Well, isn’t that the law already? Yes. cided. the head of the Centers for Disease Unfortunately, the law as written in The first bill that was signed into Control and our United Nations Am- 1963 with the Equal Pay Act isn’t work- law by President Obama, the Lilly bassador, who is working with other ing very well. In a lot of workplaces Ledbetter Act, said that Lilly countries to get them involved, say women are paid less. In the State of Il- Ledbetter and people like her at a fu- this: This is one of the most deadly, ex- linois, it is about 75 cents for every dol- ture time would be allowed to sue for plosive epidemics in modern times. It lar paid to a man for most women un- back wages if they were discriminated moves rapidly. There is no vaccine, and less you happen to be an African man against. there is no cure. One sick person can and then it is 65 cents, or Hispanic, it Very few, if any, Republicans sup- fairly quickly infect 20 other persons is 65 cents. The actual working rela- ported this. When I hear speeches on within a family in these West African tionships in many businesses discrimi- the floor about reforming labor laws countries where it is now a problem. nate against women. and the workplace laws in America, One can see how quickly this could We offered a bill yesterday to the let’s do it in a bipartisan fashion. When spread and become hundreds of thou- Equal Pay Act brought to the floor by it got down to the real basics, S. 2199 sands of cases or even millions of cases. Senator MIKULSKI of Maryland and yesterday, not a single Republican This is a case where Samantha Power Senator BOXER of California. We asked would join us, not one. I would think said to me: We should be running to- if we could now revisit the Equal Pay they would feel as we do. It is only fair. ward burning flames with our fireproof Act to make sure it is enforceable and It is only fair that if you are in the suits on. In other words, we know how that it works so that literally if my workplace doing the same job, you get to control it. We know how to identify son or my daughter ended up with the the same pay. Unfortunately, not one sick people and isolate them and treat same job and the same workplace and of them would. So when they call for them. Even though half of them die, we the same work record, they would get reforming the National Labor Rela- know how to do that. But the rate of the same pay. Not a radical idea by any tions Board and they call for biparti- growth of this epidemic is so rapid that measure. That was what we brought up sanship, I think it should start right we need to have a response that is as for a vote yesterday. here when it comes to legislation that urgent as the problem. I took a look at the CONGRESSIONAL comes before the Senate. I congratulate the Republican leader RECORD to refresh my memory and I also listened to the Republican Sen- for supporting the President’s effort talked with the staff. Not one Repub- ate leader come to the floor today and today to call attention to this. So lican Senator would vote for that bill— talk about the state of our economy. I much is happening in the world, and not one. There were 52 votes in favor of wonder sometimes if Members of the there is a possibility that we would moving forward on this bill. All of Senate, who are entitled to their own treat the Ebola epidemic as an impor- them were from the Democratic side. opinions, should also be entitled to tant issue but not a major issue. As I So when I listen to these calls for re- their own facts because what the Sen- said, I believe we must take the deadly, form when it comes to labor laws and ator from Kentucky failed to note was

VerDate Sep 11 2014 00:42 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G16SE6.004 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE S5598 CONGRESSIONAL RECORD — SENATE September 16, 2014 the economy which President Obama the best. He is telling the story of doctor to save my baby’s life. I had no inherited when he took office in Janu- Teddy Roosevelt, Franklin Roosevelt, health insurance. I have never felt ary 2009. It was in sad shape. Eleanor Roosevelt. more helpless as a husband and father What a contrast from 8 years before We remember what happened when than at that moment. when President Bill Clinton left office Franklin Roosevelt came to office at I believe today, as I did then, that in January of 2001, 14 years ago. We had the end of 1932 and the beginning of should never happen to any family. I gone through a period of 4 straight 1933, facing the Great Depression in believe this great Nation should pro- years of Federal budget surplus. A America. He said: We have to get vide basic health care for everyone liv- Democratic President, 4 straight years America back to work. That is what ing in this great Nation. That is why I of Federal budget surplus, and Presi- President Obama says. The voted for the Affordable Care Act. dent Clinton left to the new President, package. Let’s get back to work here. What has happened since? Eight mil- George W. Bush, a surplus in the next Let’s put people earning paychecks lion Americans are now insured under year’s budget of $120 billion, if my into a position where they can save the Affordable Care Act. We have seen memory serves me. their homes and keep their families to- an 8-percent decline in uninsured peo- The last time that happened, 4 gether and rebuild the economy. He got ple in my home State and many States. straight years of surplus, had been 40 almost no help from the other side of One of the most successful States years before. So here is Democratic the aisle. when it comes to the Affordable Care President Clinton leaving office to Remember the automobile industry. Act happens to be the Commonwealth President George W. Bush with a string Remember what was happening in the of Kentucky which the Republican Sen- of surpluses in the budget that we automobile industry when President ate leader represents. hadn’t seen for four decades. Obama took over office from President They have signed up in substantial In addition, President Clinton was Bush. It was flat on its back. Two numbers. Hundreds of thousands of taking the surplus and investing it in major companies, Chrysler and General people in his State now have health in- Social Security so that it was stronger Motors, were facing bankruptcy and surance because the Affordable Care than it had been in years because of even the prospect of going out of busi- Act, which some characterize in a the surpluses. ness. friendly or derogatory way as During the period of the Clinton President Obama said: We cannot let ObamaCare, has worked. Presidency, 23 million new jobs were this happen. There are too many good- What has it meant in Illinois? Some created in this country. Eight years, 23 paying jobs across America. He stepped 640,000 people in Illinois now have in- million jobs, and government spending in and helped by loaning money to surance because of the Affordable Care was still growing each year. Yet there these automobile companies to get Act. In a State of about 13 million peo- were surpluses, job creation, and eco- back on their feet. ple, that is a substantial number, and nomic growth in the 8-year period of Just last week I had some auto deal- 400,000 of them were low-wage workers time. ers from the Chicagoland area come to who had no benefits in their job and When President Clinton left office, see me in my office. One said, Do you now qualify for Medicaid. They have the national debt that had been accu- know what happened? We were selling health insurance. mulated over the entire history of the about 9 million cars when the recession I met one of them, Rich United States totaled $5 trillion. That hit. Now we are back on our feet. We Romanowski. What a perfect Chicago was January of 2001. He handed that are up to 16 million a year. The auto- name, right? Rich, a big barrel-chested economy and that budget to President mobile industry is coming back strong. Polish guy, is a musician. He has done George W. Bush. I look at Illinois and I can see it in part-time work all his life and he never Now fast forward 8 years. What did Belvidere where the Fiat Chrysler had health insurance. Now he is in his President George W. Bush hand to new plant is working three shifts. I see it at sixties. Rich came to one of our press President Barack Obama? One of the the Ford plant on the South Side of conferences, smacked his wallet, and weakest economies America had seen Chicago. They are working three shifts said: I have a card in my wallet that since the Great Depression. The month as well. says I have health insurance for the President Obama took the oath of of- President Obama said: Let’s get back first time in my life. fice in January of 2009, when he put his to work. Let’s save the auto industry. He is not the only one. He is one of hand on the same Bible Abraham Lin- He did. Now they come to the floor and 400,000 in my State, which means when coln used when he was sworn in as say: You know, it just hasn’t been fast they get sick and go to the hospital, President, that month we lost nearly enough. their bills are not passed on to the rest 800,000 jobs in America. That previous When it came to the stimulus pack- of us, to all the people with insurance, year, private employers had shed more age, we had little or no support from to those who use Medicare. They have than 4 million jobs. We know what hap- the other side of the aisle. When it their own insurance now, and it means pened to savings and ac- came to rebuilding my State of Illinois they are going to be healthier. counts. They were devastated by that and across the country, it was resist- I think of Judy. Judy works in recession. The economy was shrinking. ance. Southern Illinois. She works in one of In just 8 years, President George W. Then comes the issue of health insur- the motels that I stay in there, and she Bush took one of the strongest, fastest ance. I want to say a word about that. is a hospitality lady. When people go growing economies in American his- I have voted for the Affordable Care for breakfast, she is the one greeting us tory and, sadly, turned it into an eco- Act. It may be one of the most impor- and showing us where to sit down. Judy nomic recession. How did he do it? Tax tant votes ever cast. is about 62 years old, a hard-working breaks for wealthy people and wars I did it for personal reasons because I Southern Illinois lady and one of the that were not paid for. Those were the personally experienced with my family sweetest people we would ever want to two things that drove us from a $5 tril- a moment when we had no health in- meet. Judy got health insurance for lion debt when President Clinton left surance. the first time because of the Affordable office—cumulative debt in the history My wife and I got married very Care Act, and it is a good thing she did of America. young. I was still in law school. God because she has just been diagnosed When President George W. Bush left sent us a baby. She had some medical with diabetes. She needs good care be- office, handing it over to President issues. We had no health insurance. I cause diabetes, if not treated right, can Obama, the national debt had broken was going to school here at George- lead to serious complications: blind- $5 trillion to $12 trillion. It more than town Law School. I would leave class, ness, amputations. Judy has that doubled in the 8-year period of time. So pick up my wife and baby and go to the health insurance. President Obama had a challenge. Get charity ward at Children’s Hospital in Remember when the government the economy back on its feet. Washington, DC. shut down last year, Senator CRUZ of Right now, Public Television has a We were sitting in there with a num- Texas came and read Dr. Seuss books series on the Roosevelts. I have en- ber in my hand waiting to see who to us. I came to the floor and said to joyed it because Ken Burns is one of would walk through that door to be the him: You tell us you are shutting down

VerDate Sep 11 2014 00:42 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G16SE6.005 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE September 16, 2014 CONGRESSIONAL RECORD — SENATE S5599 the government to protest the Afford- Jessica graduated from Northern Illi- refinance into lower federal interest able Care Act. Well, what do you say nois and is now working as a financial rates—saving the average borrower about Judy? Judy, who has worked in aid counselor. $2,000 over the life of the loan. Southern Illinois all her life, has no How about that? She helps others fig- In Illinois, an estimated 1.1 million of health insurance, needs it, and is now ure out how to pay for their education, the 1.7 million with student debt could going to get it under Medicaid. Are you but struggles paying for her own. lower their interest rates under our going to tell me we are going to do She holds almost $40,000 in Federal bill—nearly two-thirds of all borrowers away with this law now and take away student loan debt that she’ll have to in my home State. her health insurance? What would you start repaying in November. Working Here is how it would work. Those say to her? at a public institution, she makes a with Federal loans could refinance into Senator CRUZ said on the record on modest salary and will only be able to lower rates—the same rates available the Senate floor: Judy needs to get a pay about $50 a month on her loan— to students who took out loans last better job. which may not even cover the interest. school year. Those with private loans—many of I think many times folks in the Sen- How will she ever start repaying the which have sky-high interest rates and ate need to get the heck out of the Cap- principal? Jessica will find it difficult very few protections for borrowers— itol, get out, meet the rest of America, to get out of the debt she’s in—and she could refinance into Federal loans with and come to understand they are work- went to a good, public school. lower rates and stronger consumer pro- ing hard every day, they are not get- DAWN THOMPSON Imagine what students who went to tections. ting paid a whole lot of money, and What’s more, our bill is fully paid basic health insurance is beyond their predatory for-profit schools face. I recently met Dawn Thompson in for. reach, beyond their grasp. Well, the Af- It assesses a modest tax on million- Springfield. She is a 48 year old single fordable Care Act changed that, and we aires to help borrowers refinance and mother of two. are not going back. get back on a path of financial secu- Dawn thought she was doing the The House has voted over 50 times to rity—this is often referred to as the right thing getting a paralegal degree repeal that law, and I say that as long Buffet Rule. as Barack Obama is President, that is from Everest College online. That is I am hopeful we will have a chance to not going to work. He is not going to right, Everest College—one of the sub- vote again on this bill to help student let them do it. I am going to stand sidiaries of the failed Corinthian Col- borrowers. with him because I happen to be one of leges chain. Earlier this summer, this bill was those persons who had a member of my This disgraced company was caught killed by 38 Republicans who voted family with a preexisting condition— falsifying job placement rates and col- against even moving to debate it. the situation with my daughter. lapsed under the ensuing scrutiny. In These Republicans were given a I know the kind of discrimination the meantime, they left thousands of choice—side with working families and that people with preexisting conditions students in financial ruin with no real students seeking the American Dream used to face before the Affordable Care education to show for it, all the while or protect millionaires from paying a Act. We are not going back to those making money hand over fist off of single penny more in taxes; side with 25 days. This Senator and this President taxpayers. million Americans who could be helped for sure, we are going to fight all the Dawn could never find a job in her by the bill or 22,000 or so millionaire way to make sure that health insur- field with her degree from Everest. She households who might have to pay ance is there for those who are strug- was over $100,000 in student loan debt, more in taxes under the bill. gling in their work and there for fami- both Federal and private loans, and Sadly, I don’t have to tell you who lies that would otherwise not have a working a minimum wage job as a those 38 Republican Senators picked. chance. bank teller. Dawn tried to file for Americans across the country are bankruptcy in 2013 and, you guessed it, talking about this issue—I have heard BANK ON STUDENTS EMERGENCY LOAN her student loans were not discharge- them. But, even so, in June, 38 Repub- REFINANCING ACT able—one of the only debts that is not. licans said: ‘‘The Senate can’t talk STUDENT LOAN DEBT At that point, she felt like her only about it.’’ Mr. DURBIN. I spent much of my option was to go back to school to It doesn’t seem right to me. time over the August recess visiting hopefully improve her chances of get- Thankfully, though, there were three college campuses and talking to cur- ting a good-paying job and to defer her Republicans—Senators COLLINS, rent students and graduates about loans. Unfortunately, she went back to CORKER, MURKOWSKI—who joined every their student debt. Everest—she started her Master’s in Democrat to support moving the bill I visited Northern Illinois University business administration at Everest. Re- forward. in De Kalb, Judson University in Elgin, gardless of what happens with Everest But if the 38 Republicans who voted and Lincoln Land Community College as they end their reign of fraud, Dawn ‘‘no’’ have another chance, I hope they in Springfield, and University of Illi- is likely to be stuck with her $100,000 remember the struggling students and nois at Chicago. plus student loan bill. families they talked to back home over With an estimated 1.7 million Illi- Perhaps the only thing more sick- the August recess. noisans holding a combined $47 billion ening than Dawn’s story, is that it’s ECONOMIC IMPACTS in student loan debt, it is no wonder not unique. While the schools I visited I hope they realize that if we don’t that it was on the minds of nearly ev- were different, the borrower’s personal give struggling borrowers another op- eryone I spoke with. On average, Illi- backgrounds varied, and the amount tion besides default, this student debt nois graduates of the Class of 2012 left they owed unique—the refrain over and will haunt them for the rest of their with $28,028 in debt—but individual over from these Illinois students was lives and will have a drag on our econ- debt is often much higher. I have had the same: ‘‘Senator, Washington has to omy. It already is. Experts tell us it is students contact me who have upwards help us.’’ stagnating growth in the housing mar- of $100,000 in debt and no chance to My guess is that my colleagues heard ket, preventing business creation, and ever pay it off. the same thing from some of the 40 jeopardizing future retirement security For too many young Illinoisans, and million Americans in their States for a generation of young Americans. students across the country, the oppor- drowning in more than $1.2 trillion in CONCLUSION tunity for a fair shot at an affordable collective student loan debt. I hope America’s youth are paying college education has become a long Well, Democrats have an answer that close attention to this issue: how their shot. They do the right thing—they go will help many of these students—it’s Senators voted on this measure offers to school to get ahead but end up with called the Bank on Students Emer- them the bare truth. I hope more of my so much debt that it becomes impos- gency Loan Refinancing Act. It would Republican colleagues will join us to sible for them to ever pay it back let help an estimated 25 million current move forward this important piece of alone get ahead. borrowers who are struggling to repay legislation if we get a chance to vote I recently met Jessica Ibares at NIU. their Federal or private student loans on it again.

VerDate Sep 11 2014 07:07 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G16SE6.007 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE S5600 CONGRESSIONAL RECORD — SENATE September 16, 2014 But for now, it shows the stark dif- it and had to take a better-paying job. home State—not by her opponent, not ference between those Senators who be- We lost a good teacher because of stu- even by the North Carolina Republican lieve hard-working students deserve a dent debt. Party but by these outside interests fair shot at the American Dream and Students are putting off getting mar- such as the Koch brothers. those who will stand by and do nothing ried, putting off going out on their The Koch brothers in the last elec- as America’s next generation is sen- own, buying a car, and, if married, tion cycle spent over $250 million of tenced to debt. starting a family. I have heard it all. their own money. They are a bigger This afternoon my colleague Senator That is what this student debt is all deal than most political parties now— WARREN is coming to the floor. ELIZA- about. these two brothers who are billion- BETH WARREN of Massachusetts is a When my colleagues come to the aires—and they are putting more new Senator—and what a terrific addi- floor and say why don’t we do some- money into this system. Sadly, many tion to the Senate. She is the best. I thing on a bipartisan basis, I say: This of the beneficiaries of the Koch broth- have known her for years, and I en- student debt isn’t just a debt for Demo- ers are walking behind them on a couraged her to run because I knew she cratic students; it is a debt for all stu- leash. They are being led around by would bring something special to the dents. them because you don’t want to cross Senate. So let’s come together when ELIZA- the Koch brothers. She has done it. She came up with a BETH WARREN makes her unanimous The amendment of Senator UDALL of way for college students and their fam- consent request this afternoon and fi- New Mexico would have finally given ilies to renegotiate student loans. Peo- nally do something for a change, for the States the authority to regulate ple can renegotiate their auto loans; middle income and working families the amount of money that could be they can renegotiate the mortgages on who want their kids to go to school but spent on campaigns. their homes. Why shouldn’t students, don’t want them so deep in debt that It comes to this: If we want mere those who have graduated, and their their lives are changed or ruined. That mortals to run for public office—as op- families who face student loan debt be is only reasonable. posed to multimillionaires—we have to able to renegotiate to a lower interest If we want to make sure that Amer- get this playing field back under the rate? That is the Warren bill. ica continues to be a leader in the control of the normal people. Maybe we She is right. It is a big difference. It world, we need to graduate the very won’t have as many television ads to would bring down the interest rate on best with the education and training see—and I know how much people undergraduate loans, I think, to 3.8 they need to lead our Nation. Some of enjoy those—but at the end of the day percent. I run into students who are them are holding back, holding back we could still get our message across. trying to pay off loans at 9 percent. because of a fear of college debt. I supported and actually introduced Ask anybody who owns a home the dif- One other thing I will mention, col- public financing laws. I still stand by ference between a 9-percent mortgage lege loans are different than other them. We would be a better country if and a 3.8-percent mortgage. They will loans. I studied many years ago back in we had public financing, took the spe- tell you it is big. When someone makes law school bankruptcy law, and we cial interests out of the campaigns, a payment under a 3.8-percent interest learn in bankruptcy law that most of shortened the campaigns, and had ac- rate, a lot more goes to reduce prin- the loans you take out in life are dis- tual debates. Those sorts of things cipal and you finally put that loan to chargeable in bankruptcy, which would get us back to what the country rest after so many years. So Senator means if everything fails—you lose is all about and maybe start to restore WARREN is going to try again. We tried your job, you are in a situation where some confidence in Congress, in our po- it once before but couldn’t get the Re- there is a serious pile of medical bills litical system, and in both political publican support. I think we had and you can’t get back to work—in parties—and we are all pretty low at three—maybe three—who voted with us most cases you can go to bankruptcy this moment. on the Republican side. Under Senate court and through a long process those So public financing is a right step rules we need 60. debts will be wiped out and give you a but not likely to happen soon. Of this In my State of about 13 million, second chance in life. It is not an easy approach by Senator UDALL to basi- there are about 1.7 million people car- process. It is not something people cally reverse the Citizens United deci- rying student loan debt. They aren’t rush to, but many people have no sion, the other side argues it inhibits all young people. They include parents choice. freedom of speech. Well, there is only who signed up for PLUS loans and even If you did that with a college loan, it so much speech that individuals can grandparents who wanted to help a wouldn’t help you a bit. College loans claim. The Koch brothers, because of grandson or a granddaughter get into are not dischargeable in bankruptcy. their multimillions—and there are college and go forward. They are car- They are with you for a lifetime. That folks on the left, incidentally, spending rying this debt. If ELIZABETH WARREN’s is a sad reality. This is all the more a lot of money too—left and right— bill passes to renegotiate college loans, reason to make sure those loans are af- don’t deserve to pick up a microphone it is going to save them—on average— fordable, all the more reason to sup- or have a bigger voice in our political $2,000 apiece and give them a chance to port ELIZABETH WARREN when she talks process. reduce and retire that loan at an ear- about reducing these interest rates. We have a lot of work to do. This lier stage. FIRST AMENDMENT week we are going to get down to busi- There is an interesting phenomena The Senator from Kentucky, Mr. ness on a few things that are essential. going on in Chicago now. I talked to MCCONNELL, today talked about the I am sorry that yesterday the Repub- some younger friends of mine and they vote we had on a constitutional amend- licans wouldn’t help us when we want- said: If you have an apartment for rent ment. It was an amendment which ed to pass pay equity and make sure in Chicago, and it is a good one, get didn’t get the necessary votes; it need- that women were treated fairly in the there fast and sign up quickly. ed 67. It didn’t get the necessary votes workplace. We needed them, and they There is a land rush on to rent apart- on the Senate floor. weren’t there. ments. Why? Because younger people Its sole purpose, offered by Senator That is disappointing, but it is an in- cannot even consider buying a condo or UDALL from New Mexico, was to re- dication of where the two parties are a little house. Why? Too much student verse the Citizens United decision. today on that issue. They didn’t sup- debt. Student debt in America, cumula- That decision by the Supreme Court port our efforts to increase the min- tively, is greater than credit card debt basically took off the caps and limits imum wage. I support increasing the in America, cumulatively. when it came to individuals and cor- minimum wage. More of these students graduating porations putting as much money as They haven’t been able to help us with the debt, paying it off, are making they wanted to into the political proc- when we come up with legislation to life decisions because of the debt. I ess. One of my colleagues, Senator KAY deal with college loans, but this after- have run into it: They studied to be a HAGAN of North Carolina, by her latest noon they will have a second chance. I teacher but ended up with so much estimate has had more than $20 million hope ELIZABETH WARREN’s bill moves debt that they couldn’t even consider of negative ads run against her in her forward and that we end this week on a

VerDate Sep 11 2014 00:42 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G16SE6.034 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE September 16, 2014 CONGRESSIONAL RECORD — SENATE S5601 positive note for working families and abroad, including, I might add, the The House has sent bill after bill to their kids who want to go to school but murder of two American journalists at the Senate, many of them, as I men- don’t want to be burdened with the the hands of ruthless terrorist group tioned earlier, bipartisan bills. They debt that is going to change their lives. ISIS, you might think Senate Demo- got strong bipartisan votes coming out I yield the floor. I suggest the ab- crats would want to spend our first of the House of Representatives. But sence of a quorum. week back focused on the challenges again and again, Senate Democrat The ACTING PRESIDENT pro tem- our Nation is facing. leaders have said no—no to working to- pore. The clerk will call the roll. Well, Mr. President, you would be gether, no to bipartisan House legisla- The legislative clerk proceeded to wrong. Instead of legislation to address tion, no to developing bipartisan solu- call the roll. some of these challenges, Democrats tions. Mr. THUNE. Mr. President, I ask chose to kick off this brief 2-week ses- Senate Republicans’ efforts have met unanimous consent that the order for sion with a bill to erase many of the a similar response. Again and again Re- the quorum call be rescinded. speech protections of the First Amend- publicans here in the Senate have put The PRESIDING OFFICER (Mr. ment. That is right. Faced with crises forward legislation to help create jobs, SCHATZ). Without objection, it is so or- abroad and a sluggish economy here at grow the economy, and to provide help dered. home, Democrats thought the most ap- to working families struggling with the propriate use of our time last week was f high price of everything—from gro- legislation to erase parts of the First ceries to health care. Several of our FACING CHALLENGES Amendment. bills have even received support from As with so many of the other bills Mr. THUNE. Mr. President, as we rank-and-file Democrats—bills such as they have brought up this year, Demo- continue with what will likely be the OLLINS’ Forty Hours Is Full crats knew this legislation did not Senator C final legislative week before the elec- Time Act, which would fix an tions, it is a good time to take a look have a chance of passing in the Senate. But they chose to bring it up anyway ObamaCare provision that is reducing back at the year and take stock of workers’ hours and wages, or Senator where we are and what Congress has because they thought it might help get portions of their base out in November. BLUNT’s Hire More Heroes Act, which accomplished. would give employers an incentive to The House of Representatives, of And they swiftly followed it up with another designed-to-fail piece of legis- hire our Nation’s veterans. course, has spent the past year legis- But the Senate Democratic leader- lating. Members of the House have sent lation they hoped to use to criticize Republicans. In fact, the newspaper ship has refused to consider our pro- literally hundreds of bills over to the posals. Senate for consideration, including 40 Roll Call reported earlier this week— this is from a story written about the Senate Republicans have even been jobs bills, many of which passed with prevented from offering amendments bipartisan support in the House of Rep- Democrats’ strategy: ‘‘Republicans should prepare to be criticized regard- to bills that come before the Senate. resentatives. Since July of 2013, Senate Republicans Even now, in the final week before less of how they vote’’ on this par- ticular bill. The article went on to have been allowed just 14 amendment recessing for election season, the House votes—less than one a month in the is taking up two legislative packages, quote an email that was sent to Demo- cratic communicators which outlined world’s greatest deliberative body one focused on creating jobs and an- known for unlimited debate and unlim- other focused on lowering the price of plans, and again I quote, ‘‘to slam Re- publicans for either blocking the bill ited amendment. Less than one amend- gas and groceries. Unfortunately, like ment per month, that is what Senate so many other House bills, neither of once again or for letting us on the bill only to slow down the rest of the Sen- Republicans have been allowed in the these bills is likely to go anywhere in ate.’’ last year. Compare that to the House of the Democratic leader’s Senate be- So basically the message to Demo- Representatives where the Democrat cause unlike the House, the Senate has cratic communicators around here on minority has been allowed 194 amend- not spent the past year taking up legis- Capitol Hill was to slam Republicans ment votes over the same period. lation to solve the many challenges no matter how they voted. If they When the minority party is denied a facing American families. Instead, Sen- voted to get on the bill, slam them for voice in the Senate, it is the American ate Democrats have spent the past year slowing down the Senate so we cannot people—the people whom we rep- taking up political gimmicks and de- do other things. If they voted against resent—who are really being denied a signed-to-fail messaging bills they getting on the bill, obviously, attack voice. hope will win a few votes for them in them for blocking the bill. Democrats may not control the House, but November. So here is the strategy, at this late through the amendment process, they have Back in March—earlier this year— hour of the game when we have so been able to make their constituents’ voices the Times reported that many big issues and challenges facing heard. Republicans in the Senate, on the Democrats planned to spend the spring the country: It is simply to put bills on other hand, have been prevented from bring- and summer on messaging votes the floor that are designed to help ing their constituents’ voices to the legisla- tive process. ‘‘timed to coincide with campaign- Democrats in the fall elections and es- style trips by President Obama.’’ sentially to make Republicans look American families are struggling. The Times went on to say: ‘‘Demo- bad. That is a quote. That is a direct The economy continues to stagnate. crats concede that making new laws is quote from an email that was sent out Unemployment is still above 6 per- not really the point. Rather, they are to Democratic communicators: ‘‘slam cent—way higher than that if you fig- trying to force Republicans to vote Republicans’’ no matter how they vote. ure in the labor participation rate the against them.’’ That is from the New Either way, take advantage of the situ- number of people who have actually York Times earlier this year, which ation. Try and play politics with it. given up even looking for work. was laying out and predicting what the There is certainly a place for cam- Last month’s job creation was the Democrats’ strategy was going to be paigning. There is certainly a place for worst this year, and opportunities for for the balance of this year. politics. But the place for campaigning advancement in this economy are few Unfortunately, Senate Democrats is not in the halls of Congress. Our job and far between. Health care costs, have followed that playbook pretty ex- here in Washington is to pass legisla- which were already high when the actly. Again and again, Senate Demo- tion to address the challenges facing President took office, have continued crats have bypassed serious legislation our country. And that job does not to increase. Average health care and chosen to bring up bills designed to change if one party controls the House deductibles have increased 50 percent, win them votes with their far-left base and the other party controls the Sen- and health care premiums have risen or to smear Republicans in the Novem- ate. The Senate and the House still by an average of $3,459 since the Presi- ber elections. have a responsibility to work together dent took office, despite—despite—the Take last week was an example. to get serious legislation to the Presi- President’s promise that his health After an August recess beset by eco- dent, and that is certainly what the care law would drive down premiums nomic stagnation at home and crises House has tried to do. by $2,500. Gas prices have increased by

VerDate Sep 11 2014 00:42 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G16SE6.009 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE S5602 CONGRESSIONAL RECORD — SENATE September 16, 2014 87 percent over the course of the My parents told me you shouldn’t perilous, cannot be sustained indefi- Obama administration. just complain, you should have solu- nitely. A Politico poll released this week tions, and I am going to talk about two I ask my Senate colleagues what found that ‘‘strong majorities now say solutions. would happen if we as individuals that they lack the savings to grapple One is the Penny Plan, which would adopted the same spending habits held with an unforeseen job loss’’—61 per- cut 1 cent out of every dollar we cur- by the government. I can tell them cent of the people in the poll said rently spend and, according to the Con- with little doubt that over the long that—‘‘and that the cost of basic gressional Budget Office, balance the term we would each face bankruptcy, household items like gas and groceries budget in just 3 years. If we continued and that is the point. Sometimes it has strained their finances. . . .’’—62 it for another 7 years, we would reduce seems we have our heads buried in the percent of the people polled had that spending by $7.6 trillion. sand. Are we in denial? Sometimes we response. Another solution would be to do bien- act as if there are different sets of prin- It is not surprising that a recent nial budgeting. We obviously don’t ciples for the Federal budget and the George Washington University/Battle- have time to look through the budget— outcome of excessive personal spend- ground poll found that 70 percent of we keep doing continuing resolutions ing. But I am here to tell you, the same Americans think the country is ‘‘on and then we do an omnibus bill. We are potentially dire consequences face the the wrong track.’’ supposed to do those through 12 sepa- government that face individuals if we With these challenges facing the rate bills—12 separate bills that get de- do not put our fiscal house in order. American people, our focus in the Sen- bated not just in committee but on the Our President often frames issues in ate this year should have been legisla- floor of the Senate with amendments. the context of how it would affect his tion to address our struggling economy It has been a long time since we have daughters. Similar to the President, at and to repair the damage ObamaCare is done that. So biennial budgeting would times I am up at night with concerns doing to families and businesses. In- allow us to get into this nerve center of about how our country’s fiscal path stead, Senate Democrats have chosen spending and get something done. will affect the lives of my children and to focus the Senate’s efforts on poli- For fiscal year 2014, we expect to pay grandchildren. I worry about how our tics. The Democrat-led Senate has $231 billion in interest on the national debt will harm families and genera- failed in its most basic responsibility debt according to the Congressional tions to come. this year; and that is to pass solutions Budget Office. With our pattern of Sometimes as lawmakers we seem to for the American people. unsustainable spending, in 10 years we act as if this problem is too big to With just a few days left in the ses- could pay close to $800 billion in inter- solve, but it is not. Understanding how sion, it is a little late for Democrats to est. That is not counting the interest to reach and maintain financial health do anything about that now. rate going up. Now, $231 billion this is not rocket science. It merely re- I hope that when we return in No- year at 1 percent is about what we are quires exercising common sense and vember things will be different. I hope paying, but imagine if that went to 5 commitment. Democrats will spend less time trying As individuals we learn to live within percent. That would put us over $1 tril- to save their jobs and more time trying our means. If we spend too much, we lion. That is what we are talking about to create jobs for the American people. tighten our belts and we work hard to I hope they will spend less time cam- spending in this continuing resolution, ease our financial situation. The gov- paigning and more time legislating. I and if we are doing it all on interest, ernment should and could do the same. hope they will be ready to work with that eliminates defense and all the We can’t wait longer. It is time for us Republicans to deliver solutions for the other things we put our money into. to act. American people. That is more to our creditors than we I have introduced the Penny Plan as That is what we are here to do. That currently spend on national defense. a simple and straightforward way to is what we ought to be focused on. All Our future interest payments would put our country back on the right fis- this using the floor of the Senate to be even higher if interest goes up more cal path. It reduces discretionary and conduct campaigns doesn’t serve any than CBO has predicted. The interest mandatory spending, less net interest constructive purpose when it comes to we pay on our debt doesn’t buy any- payments, by 1 percent—or 1 penny for solving problems and meeting the chal- thing. A large portion of that just pays every dollar—for each year of 3 years lenges being faced by the American other countries for loaning us money. until total spending has reached ap- people every single day—chronic high The Federal Government consist- proximately 18 percent of gross domes- employment, a sluggish economy, re- ently spends billions more than it tic product. Based on figures from the duced take-home pay, higher costs for takes in, and the CBO reported in Au- CBO, reducing spending this way will health care, groceries, fuel, college gust that if current laws remain un- result in a balanced budget within 3 education, we go right down the list. changed, growing budget deficits over years. Total spending would then be These are the real and present impacts the long term will push the debt even capped at 18 percent for subsequent of this economy on the American peo- higher. Yet today we are considering years since that is the historic average ple and middle-class families. legislation to continue discretionary level of government spending for the Congress can do better. The Amer- funding on autopilot. past several decades. ican people deserve better. I hope when The continuing resolution funds Fed- Importantly, the Penny Plan steers the dust settles and the smoke clears eral programs through December 11, us away from some of the controversial from the November elections, we will 2014, at the current annual rate of and political traps we have seen for come back with a renewed sense of pur- $1.012 trillion. We will not have any de- spending reductions. At the onset, it pose and focus on what is truly impor- bate. We will have an up-or-down vote does not identify the specific cuts that tant to the people we represent. and spend another $1 trillion. The leg- are necessary to achieve this 1-percent I yield the floor. islation does nothing to address the reduction in savings. Instead, such de- The PRESIDING OFFICER. The Sen- CBO projection that our ratio of public cisions are left for us to make. Its ator from Wyoming. debt to gross domestic product—that is beauty is it puts a broad plan into ac- f everything our economy earns in the tion and gives flexibility. United States—will reach 74 percent by I have had a lot of grassroots interest SPENDING AND DEBT the end of this fiscal year, twice that of in this. I have had a number of organi- Mr. ENZI. Mr. President, as we con- just 7 years ago and higher than any zations that have done resolutions. I sider this continuing resolution to fund year since 1950. have a lot of individuals who have the Federal Government in fiscal year We are doing nothing to reverse signed up on my Web site as cosponsors 2015, which begins October 1, I rise to CBO’s projection that in 25 years Fed- of the action that is needed to be voice concern about our Nation’s eral debt held by our constituents will taken. I encourage people to go to my spending and debt. At last count our exceed 100 percent of gross domestic Web site and become a part of this country was more than $17 trillion in product—again, everything we produce movement to show there is interest in debt, and that number increases every in the United States in 1 year. The CBO balancing the budget and in paying single day. notes that this trend, which I view as down the debt.

VerDate Sep 11 2014 07:07 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G16SE6.014 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE September 16, 2014 CONGRESSIONAL RECORD — SENATE S5603 I ask unanimous consent that a copy However, the last time we passed all We need to pass the Penny Plan and of one of the resolutions be printed in the appropriations bills separately be- biennial budgeting, get our spending the RECORD. fore the start of the fiscal year was 20 under control, and change our legisla- There being no objection, the mate- years ago, in 1994. That is a pretty poor tive process to where we actually make rial was ordered to be printed in the record, especially since that is the decisions on how government tax dol- RECORD, as follows: main responsibility we are charged lars are being spent. RESOLUTION IN SUPPORT OF THE ONE PERCENT with overseeing spending for the As I have said before, one of the rea- SPENDING REDUCTION ACT OF 2014 United States. We ought to be starting sons government expands is we have Whereas, the U.S. National debt currently on the spending bills April 15, right this rule of RIFing people, which is, if exceeds $17.5 trillion and continues to grow; after the budget is required to be fin- someone is the last person hired, they Whereas, the estimated population of the ished—which also doesn’t get finished are the first person fired. United States is 318,360,075, so each citizen’s by then—and considering each of those Consequently, as soon as someone share of this debt is $55,037.88. gets a government job, it is very im- Whereas, the National Debt has continued until we have resolution on each of to increase an average of $2.38 billion per day them. We could easily have that done portant for them to expand their work- since September 30, 2012. before October 1. load, because if they can expand their Whereas, the ‘‘One Percent Spending Re- When we don’t follow that regular workload, they can show they need an duction Act of 2014’’ reduces discretionary order, we can’t adequately consider the assistant. Once they have an assistant and mandatory spending (less interest pay- detail including a line-by-line look at on board, they are not the first one ments) by 1 percent each year for 3 years individual programs and an analysis of fired. I attribute a lot of the reports until total spending has reached approxi- appropriate funding levels and duplica- produced as a means to expand work so mately 18 percent of gross domestic product (GDP). tion in government. Inevitably, we get somebody has something to do so they Whereas, the Congressional Budget Office the types of agreements reached in can get an assistant. We can’t keep reports that reduced spending in this fashion January in which Congress is given one doing that. That leads to duplication. would result in a balanced budget in FY2017. chance to vote on $1.1 trillion, up or I hope we will pay attention to the Whereas, total spending would then be down, with no amendments. Penny Plan and the biennial budgeting capped at 18 percent of GDP for FY2018 and It is time for this chronic and debili- process. I will be giving more details on subsequent fiscal years. tating pattern to stop. We have to that as we go along. Whereas, over a 10-year budget window, the I yield the floor. I suggest the ab- bill would cut spending by about $7.6 trillion start legislating and stop deal-making. from currently projected levels. My biennial appropriations bill would sence of a quorum. Whereas, the bill amends the Congressional allow for each of the appropriations The PRESIDING OFFICER. The Budget Act of 1974 to make it out of order in bills to be taken up over a 2-year pe- clerk will call the roll. both chambers to consider any bill, joint res- riod. That gives us a little more time The assistant legislative clerk pro- olution, amendment, or conference report to do it. It would also give the agencies ceeded to call the roll. that includes any provision that would cause 2 years’ worth of time to use that The PRESIDING OFFICER. The Sen- the most recently reported, current spending money the most efficient way possible, ator from Vermont. limit to be exceeded. Mr. SANDERS. Mr. President, I ask instead of having to worry each year Whereas, the ‘‘One Percent Spending Re- that the order for the quorum call be and then not receive the money until duction Act of 2014’’ is also referred to as the rescinded. late. Penny Plan. The PRESIDING OFFICER. Without Whereas, upon passage by Congress and The six most controversial bills—the objection, it is so ordered. signature from the President of the United six that are the toughest—we take up (The remarks of Senator SANDERS States, the Penny Plan would be effective in right after an election. The six that are pertaining to the introduction of S. FY2015 and each fiscal year thereafter. the easiest we take up just before the Whereas, the Penny Plan would quickly 2832 are printed in today’s RECORD election. That way we can get through halt the nation’s debt spiral and set our under ‘‘Statements on Introduced Bills both of them in some detail and not country on a fiscally responsible path. and Joint Resolutions.’’) Therefore, the Board of Directors of the have to worry about the election. The Mr. SANDERS. Mr. President, thank Petroleum Association of Wyoming supports Defense appropriations bill, however, you very much. With that, I would the One Percent Spending Reduction Act of would be taken up each year. Another 2014, on this 20th day, August 2014. yield the floor and note the absence of one of our main charges is to ensure a quorum. Mr. ENZI. Another step we can take the defense of our country, and this The PRESIDING OFFICER. The to stop the autopilot spending path we would allow us to scrutinize the spend- clerk will call the roll. are on, passing the CRs year after year, ing details and eliminate duplication The assistant legislative clerk pro- is to enact my Biennial Appropriations and waste there as well. ceeded to call the roll. Act. The legislation we are considering Biennial budgeting is an idea both Mr. MURPHY. Madam President, I illustrates once again why we need to parties have endorsed. ask unanimous consent that the order pass my bill. In 2000, former OMB Director, now- for the quorum call be rescinded. In less than 1 month the new Federal Treasury Secretary, Jack Lew told the The PRESIDING OFFICER (Ms. fiscal year begins. Yet once again we House Rules Committee that the budg- HEITKAMP). Without objection, it is so have not passed a single one of the 12 et process took so much time that ordered. appropriations bills for the 2015 fiscal there wasn’t as much time to devote to f year which starts October 1. Our an- making programs better. He said: ‘‘I swer? Another short-term continuing think biennial budgeting, if it is prop- HEALTH CARE resolution. What will come after that? erly designed, could very much help al- Mr. MURPHY. Madam President, last One big omnibus bill put together by a leviate these pressures.’’ week the House of Representatives couple people in the backroom and we I think anybody who observes our ap- voted for the 53rd time to repeal or un- will get to vote yes or no on it. propriations process would agree we dermine all of—or aspects of—the Af- That is not responsible spending. We need to do something different. If we fordable Care Act. This is beginning to have to be able to look at the items in keep on doing what we have always sound like a broken record. I was in the the bill. A short-term continuing reso- been doing, we are going to keep on House of Representatives for a period lution is not the way the government getting what we have, which is an om- of time, so I had the privilege to vote should operate, nor does it meet the ex- nibus bill of $1.1 trillion with little on 30 or 40 of those different pieces of pectations of those who sent us to scrutiny. We can’t keep doing that. legislation. Washington to represent them. It is no Let’s move our budget and appropria- Republicans, of course, shut down the wonder our approval rating is sinking tions process into the 21st century, government a year ago because of their perpetually lower. providing the prudent oversight and pique over the health care law. There Congress should debate each indi- judgment of our budget and appropria- are those who still have a desire to vidual spending bill. It should vote on tions while at the same time guaran- shut down the government again. amendments and it should pass all 12 teeing a more secure future for the The other day one of our colleagues separate spending bills. generations to come. said they were hopeful that among the

VerDate Sep 11 2014 01:34 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G16SE6.042 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE S5604 CONGRESSIONAL RECORD — SENATE September 16, 2014 Republicans priorities—should they in- son for it—the Affordable Care Act. try on unemployment insurance, wel- crease their numbers in the Senate this The people who have this insurance are fare programs, and Amtrak combined. fall—would be, once again, to repeal using it. It is a lot of money to save as a govern- the health care bill. It is a story we According to the Commonwealth ment. have heard over and over despite an ab- Fund, nearly 2 in 3 newly covered con- The quality is getting better too—be- solutely overwhelming array of data sumers who went to the doctor or filled cause that is what this is really about. points which tell us only one story, and a prescription said they would not have It is about delivering a better quality that is that the Affordable Care Act is been able to afford or access those serv- of life and a longer life expectancy to working. ices if it were not for the new coverage. consumers. Hospital readmissions—you I don’t deny that my colleagues can In a moment I will talk about what is go in for a surgery, you go back home, come down to the floor of the Senate or happening when it comes to rates and and then you have to come back in— House and tell stories of people who health care expenditures. But the the- are dropping like a stone. Hospital-ac- have had poor interactions with the ory of the case is this: If you get people quired infections—one of the leading health care system. In fact, some peo- insurance, they are going to use it for causes of death in this country—are ple have had poor interactions with the preventable coverage rather than wait dropping precipitously. Costs are get- Affordable Care Act. But those are sto- until their illness is so serious that ting lower, more people have insur- ries. Data and information tell us they go to the emergency room, which ance, and the quality is getting better. something fundamentally different. would require much more expensive Here is the Connecticut story. We At the very least, I am glad that our interventions. It is bad for them, and it have dropped the overall insurance rate Republican colleagues say they are is bad for the taxpayers and ratepayers in the country by about 25 percent—un- still focused on this very vague idea of as well. believable news over the course of 6 repeal and replace. But here is the We are seeing record low rates of in- months. Connecticut is double that. We problem: We have had 53 votes in the crease in health care spending. Pre- cut our insurance rate in half in Con- House of Representatives to repeal the miums—probably for the first time in necticut. We are a small State with 3.5 law and not a single vote to replace it my lifetime—are stable from year to million people and had about 285,000 with anything of any substance. So it year, and that is because the theory of uninsured individuals. Connecticut has is one thing to just say you want to re- the case is actually working out in taken the 250,000 people and put them place the health care law, and it is an- practice. People are getting insurance, into either the Medicaid expansion or other to actually put together a plan using preventive coverage, not getting the private health care exchanges and to do it. as sick, and as a result health care is a little more than half of those people I wish to credit three of our Repub- costing less. were previously uninsured. lican colleagues in the Senate. They The Kaiser Family Foundation said A lot of my friends on the other side are the only ones who have outlined an that in the 16 major cities they sur- of the aisle say: That is great, but alternative. It is only an 8-page sum- veyed, families will pay less on average those numbers are illusory because mary, but it is important for people to to enroll in a health care exchange in over time people aren’t going to pay know what it would do. It would allow 2015 than they did in 2014. I don’t mean those premiums; they are just going to insurance companies to go back to they will have a premium increase in drop off the plans. Well, here is Con- their old ways of imposing annual lim- 2015. They will actually pay less. The necticut’s experience: 80,000 people its on coverage, charge women more cost of the plan in the exchange will be signed up for private plans on the than men, provide little coverage for less in real dollars than they were in health care exchanges, and 78,000 are individuals with preexisting condi- 2014. still paying their premiums about 4 to tions, and effectively charge millions I will talk about Connecticut in a 6 months in. Everybody is still paying of Americans more by capping the tax second. We are an example of that their premiums. And we know why. Be- exclusion for health care benefits. It is trend line. cause it is largely affordable and be- just an 8-page summary, but it is not It is not just the exchange that has cause people need that health care. pointing the way to a better health stabilized. Employer-sponsored cov- People love the exchange and their care reality for thousands of Ameri- erage has stabilized as well. interaction with the new plan in Con- cans. I get it. There are outliers here. necticut. Tomorrow the Connecticut Frankly, Republicans are not listen- There are examples where health care exchange will release data showing ing to what the American people are insurers are still passing along big in- that about 83 percent of people who telling us. Over and over polls tell us creases to employers. So the informa- went through the exchange to buy pri- that the American people don’t want tion I am giving is the average across vate health care were satisfied with this law repealed. They want changes the country. There are always outliers their experience. Of those who went and so do Democrats and Republicans, on the high side—but also on the low through the program to get Medicaid but they don’t want to repeal it. side. expansion, over 90 percent were satis- A recent poll from Bloomberg, which Kaiser’s study also says that the av- fied as well. I think is the most recent on this sub- erage premium for family coverage We are saving money. Medicaid in ject, found that two-thirds of Ameri- through employer-sponsored coverage Connecticut is 2 percent lower this cans want the new law to either be left care increased by 3 percent in 2014, year than it was last year. We have cut alone entirely or given the chance to tying 2010 for the slowest rate of in- our uninsured rate by half. We are work with small improvements. That is crease on record for employer-spon- spending less as a government. People the reality of where people are in this sored premiums. That is the reality of are satisfied with it. Rates are stable. country. what is happening. More people have Here are the three plans in Con- Why is there growing support for the coverage, and the growth of health care necticut that submitted rate increases law, and why is there diminishing sup- spending is at a historic low. Medi- on the exchange, and, at least for our port for repeal? Well, because 10.3 mil- care’s 2019 budget is about $95 billion biggest insurer, they are also going to lion uninsured Americans—as outlined less than it was projected to be 4 years be the rates of increase outside the ex- by the New England Journal of Medi- ago. change. Our biggest insurer, Anthem, cine—now have insurance thanks to We are saving $100 billion a year on which is our Blue Cross Blue Shield: this law. The uninsurance rate among just Medicare alone, and that is on top Rates are going down by an average of 18-to 64-year-olds, which is our target of all the money that is being saved .1 percent. ConnectiCare is raising its audience, fell from 21 percent in Sep- through relatively low rates of increase rates by 3.1 percent. Our other insurer tember of 2013 to 16 percent in April of on exchanges. That $100 billion—just to on the exchange, Healthy Connecticut, 2014. I will say that again. In a 6-month give you some perspective, because I is reducing its rates by 8.5 percent. period of time, the uninsurance rate in know it is hard to get your head Republicans have kind of moved the this country dropped by 5 percentage wrapped around what it means to save ball on this a little bit. They now say points. That is an absolutely stunning $100 billion—is greater than the total the way we judge a successful ACA is achievement, and there is only one rea- amount of money we spend as a coun- that health care rates go down from

VerDate Sep 11 2014 01:34 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G16SE6.016 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE September 16, 2014 CONGRESSIONAL RECORD — SENATE S5605 year to year—not that we are control- never has to be told again, that no fam- that met their needs, the President and ling the rate of increase but that the ily ever has to make the choice be- Democrats in this body say: Sorry, you Affordable Care Act isn’t succeeding tween declaring bankruptcy, saving can’t keep it. The President said: If unless rates are going down. I heard their home, protecting their savings, or you like your plan, you can keep it. my colleague from Wyoming make this choosing to care for a loved one. What happened there? At least 27 claim about Connecticut a few weeks Let’s talk about making this bill bet- Democrats stood on the floor of the ago in which I was talking about rates ter, but let’s recognize that the data, Senate and said: If you like what you going up by 1 percent and the claim the numbers tell only one story; that have, you can keep it. If you like your was made: Well, that is not good is, the Affordable Care Act is working. plan, you can keep your plan. That is enough. I yield the floor. what they said. What happened? Was People have been used to 10-, 15-, The PRESIDING OFFICER. The Sen- this intentionally to deceive the Amer- 20-, 30-percent increases in premiums in ator from Wyoming. ican people? Why are nearly a quarter Connecticut. They are pretty happy f of a million Virginians losing their in- with a .1-percent reduction. Frankly, HEALTH CARE surance plan? they are pretty happy with a 3.1-per- The head of the Virginia Association cent increase. That is because of the Mr. BARRASSO. Mr. President, I of Health Plans says it is simple. He Affordable Care Act. come to the floor today, as Republicans told the TV station: ‘‘We’re not al- So there is all the data. There it is. have come to the floor week after week lowed to offer those plans anymore.’’ That is just the tip of the iceberg. ever since the President’s health care The President said they could, and now Costs are going down, more people have law was passed. I have many concerns these people are being told by the law insurance, and quality is getting bet- about the way this health care law is they are not allowed to even offer the ter. It seems as though we open the impacting families in my home State plans to people who want to buy them paper every week and there is some of Wyoming as well as families all because it works for them. new piece of good information. across the country. In one State after Are the Democrats in the Senate I get it. This needs to be better. This another, people are feeling the dev- willing to forcefully defend the fact needs to be perfected. The law still has astating side effects of the health care that 250,000 people in Virginia will have warts. The Senator sitting in the Pre- law. to buy new plans that they don’t want, siding Officer’s chair is leading the President Obama says Democrats don’t need, and many can’t afford, with fight to make this law work even bet- who voted for the health care law all of these additional provisions Wash- ter for people. I look forward to being should, as he said, ‘‘forcefully defend ington says have to be included? To involved in that conversation. But that and be proud of the law.’’ me, that is a very expensive and unnec- is where the conversation should be— I heard earlier today the Kaiser Fam- essary side effect of the President’s perfection, not repeal. And we are re- ily Foundation’s report being quoted. health care law. minded again that if Republicans were What they said is that premiums have But it is not just people’s health care to win control of this body, at the top gone up, on average, $3,500 from 2009 for plans. People are concerned about of their agenda would be this same old family workplace coverage, plus the keeping their doctors and keeping their fight—53 different votes in the House of deductibles are higher. So premiums hospitals that they go to in their own Representatives over the past several are up $3,500 since 2009 for family work- communities. Let’s take a look at what years—to repeal the law without any place coverage, and the deductibles are happened in Connecticut, in a report real tangible plan to improve it. higher—higher money paid out-of- that came out. Hartford Courant: This morning I met with a good pocket. ‘‘Five Connecticut Hospitals Could friend of mine whom I have spoken The President of the United States Leave Anthem’s Network on October about on this floor before, but because said they would go down by $2,500 per she is here in town I wish to speak 1.’’ What about the people who go to family. said they would about her one more time, and that is those hospitals and get their health go down for everyone. She was the Betty Berger. Betty is here with the care coverage that way? What are Speaker of the House. She was the one American Cancer Society. We will see those people supposed so do? The Presi- who said: First you have to pass it be- them all over the Hill today in their dent said: If you like your plan, you fore you get to find out what is in it. light-blue shirts. Betty is arguing for a can keep your plan. If you like your Americans have found out what is in it, lot of things to happen here, with re- doctor, you can keep your doctor. If and they don’t like it. People do not search funding increases at the top of you like your hospital, you can keep like what they see with the President’s the list, but she is also here to make a your hospital. These people may be los- very personal case to protect the Af- health care law. It continues to be very ing their hospital come October 1. fordable Care Act. unpopular. Here is another side effect of the law Years ago Betty’s family was faced So I ask, is the President really that is hitting middle-class Americans with a terrible choice when her son was proud that families all across the coun- and their wallets. It is the part of the diagnosed with cancer. In the 1-week try are suffering because of his health law that says the workweek is no period of time her family didn’t have care law and the many dangerous side longer 40 hours. Now it is just 30 hours. health care insurance—her husband effects they are now having to live That is what the law says. People who had one job and he switched jobs—in with? are working part time have had their the 1-week period of time between Let’s look around the country a little hours cut to below 30 hours, and they when he went from the first job to the bit and see what the new headlines are are getting lower take-home pay. I second job, the diagnosis of cancer bringing, and there are new headlines hear about this in Wyoming. I hear it came down and it became a preexisting every day. In Virginia a television sta- from school district workers, from condition not covered by the new em- tion in Charlottesville, WVIR, reported folks who have had their hours cut, ployer. Betty’s family was left to pay on what is happening there. Last who are having to get by with less pay for their son’s cancer treatments on Wednesday they had a report which because if they have their hours cut, their own. They eventually lost their said that ‘‘nearly a quarter million their take-home pay goes down. It is home, they lost their savings, and they Virginians will have to change their in- another destructive side effect of this had to declare bankruptcy. surance plans this fall.’’ The President health care law. Unfortunately, Betty’s story is pret- said: If you like what you have, you It is not just Wyoming; it is hap- ty familiar. Half of all bankruptcies in can keep it. Not in Virginia. A quarter pening all around the country. In Lou- this country are due to stories very of a million Virginians will have to isiana there was a report by KNOE tel- similar to Betty’s. A mistimed illness change their insurance plans this fall. evision in Monroe last Thursday which at a point where the family didn’t have It is because the plans don’t include all said that 400 employees within Lincoln insurance results in them losing every- of a very long list of things Washington Parish schools—people who work with- thing. mandates have to be offered. in the school system—are getting their The reality is that the Affordable Even if a person had an insurance hours cut in half. Four hundred work- Care Act makes sure that Betty’s story plan that worked well for their family, ers, one school district, Louisiana, half

VerDate Sep 11 2014 02:53 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G16SE6.018 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE S5606 CONGRESSIONAL RECORD — SENATE September 16, 2014 the hours, half the pay. Where did the keeping the businesses from hiring 2015; and Stephen G. Burns, of Mary- school board put the blame? They put more people in North Carolina and all land, to be a Member of the Nuclear it directly on the President’s health across the country? Regulatory Commission for the term of care law. They said they can’t afford This isn’t the kind of health care re- five years expiring June 30, 2019. the Washington-mandated health in- form the American people needed. It is VOTE ON BARAN NOMINATION surance for all of their workers, so not the kind of health care reform the The PRESIDING OFFICER. There they are cutting back on the hours for American people wanted. People didn’t will now be 2 minutes of debate equally substitute teachers, cutting the hours want a law that forced them to get rid divided prior to a vote on the Baran for cafeteria workers, cutting the of the insurance which they had and nomination. hours for custodians, for paraprofes- liked and which worked for them and Mr. WYDEN. Madam President, I ask sionals who work with the kids. Is that for their families. They didn’t want a unanimous consent to yield back all what the President envisioned? Is that law that forced their local schools to time on both sides. what the President means when he cut the hours of custodians and part- The PRESIDING OFFICER. Without says ‘‘forcefully defend and be proud’’? time teachers, cafeteria workers, and objection, it is so ordered. Cutting back things for children in our people who look after their children. Mr. WYDEN. Madam President, I ask schools, is that the President’s solu- That is not how to help people in a for the yeas and nays. tion for health care, making it harder community. The PRESIDING OFFICER. Is there a for kids to get an education and mak- These are the tragic side effects of sufficient second? ing it harder for teachers to teach? the President’s health care law. Repub- There is a sufficient second. One custodian told the paper that it licans are going to continue to talk The question is, Will the Senate ad- is depressing knowing his pay is about good patient-centered reforms, reforms vise and consent to the nomination of to be cut. He said, ‘‘It’s rough the way that get patients across the country Jeffery Martin Baran, of Virginia, to be it is. Why make it harder to survive?’’ the care they need from a doctor they a Member of the Nuclear Regulatory That is my question to the President of choose and at a lower cost. Commission for the remainder of the the United States and to Senators on We are going to talk about restoring term expiring June 30, 2015? the floor who come to talk about the people’s freedom, freedom to buy The clerk will call the roll. health care law. health insurance that works for them, The legislative clerk called the roll. Why make it harder to survive? Why, for their families because they know The result was announced—yeas 56, Mr. President? You said people should what works best for them, not Presi- nays 44, as follows: forcefully defend and be proud of this dent Obama. We are going to talk [Rollcall Vote No. 265 Ex.] law. Are you proud of it, Mr. Presi- about giving people choices, not Wash- YEAS—56 dent? That is what I need to know. ington mandates. Republicans are Baldwin Heinrich Nelson That is what the American public going to keep offering real solutions Begich Heitkamp Pryor wants to know. for better health care without all of Bennet Heller Reed Is the President proud that people Blumenthal Hirono Reid these intrusive and intolerable side ef- Booker Inhofe Rockefeller are getting their hours cut in half spe- fects. Boxer Johnson (SD) Sanders cifically because of his law? And school I yield the floor. Brown Kaine Schatz districts are pointing to that as the Cantwell King Schumer Cardin Klobuchar f Shaheen cause. Is the President proud he is Carper Landrieu Stabenow making it harder for Americans to sur- RECESS Casey Leahy Tester Coons Levin vive? The PRESIDING OFFICER. Under Udall (CO) Now, some people aren’t just getting Donnelly Markey the previous order, the Senate stands Durbin McCaskill Udall (NM) their hours cut; they can’t get hired in in recess until 2:15 p.m. Feinstein Menendez Walsh the first place because of the health Thereupon, the Senate, at 12:31 p.m., Franken Merkley Warner care law. That is what one business Gillibrand Mikulski Warren recessed until 2:15 p.m. and reassem- Hagan Murphy Whitehouse owner said in an op-ed for the Char- bled when called to order by the Pre- Harkin Murray Wyden lotte Observer newspaper in Charlotte, siding Officer (Ms. BALDWIN). NC. It ran September 10 and was enti- NAYS—44 tled ‘‘How ObamaCare jams a stick in f Alexander Enzi Moran my company’s wheels.’’ Rodney Pitts, CONCLUSION OF MORNING Ayotte Fischer Murkowski Barrasso Flake Paul who runs the Southern Elevator Com- BUSINESS Blunt Graham Portman pany in North Carolina, says he wants The PRESIDING OFFICER. Morning Boozman Grassley Risch to hire more elevator mechanics for his Burr Hatch Roberts business is closed. Chambliss Hoeven business, but he hasn’t been able to Rubio f Coats Isakson Scott Coburn Johanns hire anyone this year. Why? He says Sessions Cochran Johnson (WI) the main reason is because of the costs EXECUTIVE SESSION Shelby Collins Kirk Thune associated with the health care law and Corker Lee all of the requirements of the health Cornyn Manchin Toomey care law. He said, ‘‘Thousands of busi- NOMINATION OF JEFFERY MARTIN Crapo McCain Vitter Wicker nesses in Charlotte and in North Caro- BARAN TO BE A MEMBER OF Cruz McConnell lina are in the same holding pattern.’’ THE NUCLEAR REGULATORY The nomination was confirmed. So people all across the country who COMMISSION VOTE ON BURNS NOMINATION want to work won’t get that oppor- The PRESIDING OFFICER. There tunity because businesses can’t afford will now be 2 minutes of debate equally NOMINATION OF STEPHEN G. to take on all of the extra costs of the divided prior to a vote on the Burns BURNS TO BE A MEMBER OF President’s health care law. That is an nomination. THE NUCLEAR REGULATORY extremely destructive side effect of the The majority leader. COMMISSION law. It is hurting American families. Mr. REID. Madam President, are we This health care law is hurting our The PRESIDING OFFICER. Under on the second nomination in this stack economy. Every Democrat in the Sen- the previous order, the Senate will pro- of nominations? ate voted for this health care law— ceed to executive session to consider The PRESIDING OFFICER. Yes. every one. Where are the Democrats the following nominations, which the Mr. REID. Madam President, I ask willing to forcefully defend these clerk will report. unanimous consent that all time be alarming side effects of this health The legislative clerk reported the yielded back on this stack of nomina- care law? Is the President ready to go nominations of Jeffery Martin Baran, tions. to North Carolina and talk to this busi- of Virginia, to be a Member of the Nu- The PRESIDING OFFICER. Is there ness owner? Is the President going to clear Regulatory Commission for the objection? say he is proud his health care law is remainder of the term expiring June 30, Without objection, it is so ordered.

VerDate Sep 11 2014 01:34 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G16SE6.019 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE September 16, 2014 CONGRESSIONAL RECORD — SENATE S5607 The question is, Will the Senate ad- NOMINATION OF LINDA A. Plenipotentiary of the United States of vise and consent to the nomination of SCHWARTZ TO BE AN ASSISTANT America to the Republic of Guatemala; Stephen G. Burns, of Maryland, to be a SECRETARY OF VETERANS AF- Jane D. Hartley, of New York, to be Member of the Nuclear Regulatory FAIRS (POLICY AND PLANNING) Ambassador Extraordinary and Pleni- Commission for the term of five years potentiary of the United States of America to the French Republic; Jane expiring June 30, 2019? NOMINATION OF MATTHEW T. D. Hartley, of New York, to serve con- Mr. RISCH. Madam President, I ask HARRINGTON, A CAREER MEM- currently and without additional com- for the yeas and nays. BER OF THE SENIOR FOREIGN pensation as Ambassador Extraor- The PRESIDING OFFICER. Is there a SERVICE, CLASS OF COUNSELOR, dinary and Plenipotentiary of the TO BE AMBASSADOR EXTRAOR- United States of America to the Princi- sufficient second? DINARY AND PLENIPOTENTIARY pality of Monaco; Nina Hachigian, of There appears to be a sufficient sec- OF THE UNITED STATES OF California, to be Representative of the ond. AMERICA TO THE KINGDOM OF United States of America to the Asso- The clerk will call the roll. LESOTHO ciation of Southeast Asian Nations, with the rank and status of Ambas- The assistant bill clerk called the sador Extraordinary and Pleni- roll. NOMINATION OF TODD D. ROBIN- potentiary; and Gordon O. Tanner, of The result was announced—yeas 60, SON, A CAREER MEMBER OF THE Alabama, to be General Counsel of the nays 40, as follows: SENIOR FOREIGN SERVICE, Department of the Air Force. CLASS OF MINISTER-COUN- VOTE ON SCHWARTZ NOMINATION [Rollcall Vote No. 266 Ex.] SELOR, TO BE AMBASSADOR EX- The PRESIDING OFFICER. Under YEAS—60 TRAORDINARY AND PLENI- the previous order, the question is, Will POTENTIARY OF THE UNITED Alexander Hagan Murphy the Senate advise and consent to the Baldwin Harkin Murray STATES OF AMERICA TO THE nomination of Linda A. Schwartz, of Begich Heinrich Nelson REPUBLIC OF GUATEMALA Connecticut, to be an Assistant Sec- Bennet Heitkamp Pryor retary of Veterans Affairs (Policy and Blumenthal Heller Reed Planning)? Booker Hirono Reid NOMINATION OF JANE D. HART- Boxer Inhofe Rockefeller The nomination was confirmed. Brown Johnson (SD) Sanders LEY TO BE AMBASSADOR EX- VOTE ON HARRINGTON NOMINATION Cantwell Kaine Schatz TRAORDINARY AND PLENI- The PRESIDING OFFICER. Under Cardin King Schumer POTENTIARY OF THE UNITED the previous order, the question is, Will Carper Klobuchar Shaheen STATES OF AMERICA TO THE the Senate advise and consent to the Casey Landrieu Stabenow FRENCH REPUBLIC Collins Leahy Tester nomination of Matthew T. Harrington, Coons Levin Udall (CO) of Virginia, a Career Member of the Donnelly Manchin Udall (NM) Senior Foreign Service, Class of Coun- Durbin Markey Walsh NOMINATION OF JANE D. HART- selor, to be Ambassador Extraordinary Feinstein McCaskill Warner LEY TO SERVE CONCURRENTLY and Plenipotentiary of the United Fischer Menendez Warren AND WITHOUT ADDITIONAL COM- Franken Merkley Whitehouse States of America to the Kingdom of Gillibrand Mikulski Wyden PENSATION AS AMBASSADOR Lesotho? EXTRAORDINARY AND PLENI- The nomination was confirmed. NAYS—40 POTENTIARY OF THE UNITED VOTE ON ROBINSON NOMINATION Ayotte Flake Paul STATES OF AMERICA TO THE The PRESIDING OFFICER. Under Barrasso Graham Portman PRINCIPALITY OF MONACO the previous order, the question is, Will Blunt Grassley Risch Boozman Hatch Roberts the Senate advise and consent to the Burr Hoeven Rubio nomination of Todd D. Robinson, of Chambliss Isakson Scott NOMINATION OF NINA HACHIGIAN New Jersey, a Career Member of the Coats Johanns Sessions TO BE REPRESENTATIVE OF THE Senior Foreign Service, Class of Min- Coburn Johnson (WI) Shelby UNITED STATES OF AMERICA TO ister-Counselor, to be Ambassador Ex- Cochran Kirk Thune THE ASSOCIATION OF SOUTH- traordinary and Plenipotentiary of the Corker Lee Toomey EAST ASIAN NATIONS, WITH THE Cornyn McCain Vitter United States of America to the Repub- Crapo McConnell Wicker RANK AND STATUS OF AMBAS- lic of Guatemala? Cruz Moran SADOR EXTRAORDINARY AND The nomination was confirmed. Enzi Murkowski PLENIPOTENTIARY VOTE ON HARTLEY NOMINATION The nomination was confirmed. The PRESIDING OFFICER. Under the previous order, the question is, Will NOMINATION OF GORDON O. TAN- the Senate advise and consent to the NER TO BE GENERAL COUNSEL nomination of Jane D. Hartley, of New OF THE DEPARTMENT OF THE York, to be Ambassador Extraordinary AIR FORCE and Plenipotentiary of the United The PRESIDING OFFICER. Under States of America to the French Re- the previous order, the Senate will pro- public? ceed to the following nominations, The nomination was confirmed. which the clerk will report. VOTE ON HARTLEY NOMINATION The legislative clerk read the nomi- The PRESIDING OFFICER. Under nations of Linda A. Schwartz, of Con- the previous order, the question is, Will necticut, to be an Assistant Secretary the Senate advise and consent to the of Veterans Affairs (Policy and Plan- nomination of Jane D. Hartley, of New ning); Matthew T. Harrington, of Vir- York, to serve concurrently and with- ginia, a Career Member of the Senior out additional compensation as Ambas- Foreign Service, Class of Counselor, to sador Extraordinary and Pleni- be Ambassador Extraordinary and potentiary of the United States of Plenipotentiary of the United States of America to the Principality of America to the Kingdom of Lesotho; Monaco? Todd D. Robinson, of New Jersey, a Ca- The nomination was confirmed. reer Member of the Senior Foreign VOTE ON HACHIGIAN NOMINATION Service, Class of Minister-Counselor, to The PRESIDING OFFICER. Under be Ambassador Extraordinary and the previous order, the question is, Will

VerDate Sep 11 2014 02:22 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G16SE6.023 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE S5608 CONGRESSIONAL RECORD — SENATE September 16, 2014 the Senate advise and consent to the In every generation there are young of the 7.2 billion people—men, women, nomination of Nina Hachigian, of Cali- Americans from middle-class families and children in the world—if everybody fornia, to be Representative of the who have the grades to go to college in the world donated $165 to pay off United States of America to the Asso- but not the financial resources. They America’s student loan debt, it still ciation of Southeast Asian Nations, take out student loans because they wouldn’t be quite enough. with the rank and status of Ambas- know that before they can get the job This is something with a great sense sador Extraordinary and Pleni- they want to be able to get a fair shot of urgency to it. This bill needs to pass. potentiary? at the American dream, they have got We need to pass it now. If this passes, The nomination was confirmed. to have a degree, and that is what they it means parents can save for their VOTE ON TANNER NOMINATION are taught. That is what we all tell our children’s education, for a home, can The PRESIDING OFFICER. Under children. That is what I was told as start a business, can afford their car, the previous order, the question is, Will well. What they are looking for is a de- can begin saving for their own retire- the Senate advise and consent to the gree, not debt. Unfortunately, by the ment instead of just paying off student nomination of Gordon O. Tanner, of time students graduate, they are in loan debt. These aren’t luxuries, these Alabama, to be General Counsel of the fact saddled in today’s world with are basics, basics of the American Department of the Air Force? mounds of debt. dream. The nomination was confirmed. To address this problem, Senator Everyone in this Chamber can agree that America isn’t strong without a vi- The PRESIDING OFFICER. Under WARREN, Senator FRANKEN, and I and brant middle class, and, frankly, it is the previous order, the motions to re- many Democratic colleagues have outrageous that we have allowed this consider are considered made and laid joined to introduce the bank on stu- situation to go on where the only way upon the table with no intervening ac- dents emergency loan bill. It would to do the right thing, to get the skills tion or debate; that no further motions allow responsible borrowers to refi- needed to get ahead, is to put yourself be in order to the nominations; and nance their loans at lower rates, the that the President be immediately no- in such jeopardy with student loan rates from last year, the lowest pos- debt. We can do better than that. tified of the Senate’s action. sible rates in place. These are rates I strongly urge my colleagues to join f that are currently only available to us in helping millions of American LEGISLATIVE SESSION new borrowers. We think everyone workers to manage their student loan ought to have an opportunity to do debt more effectively, saving thou- that. In fact, with lower interest rates, sands—tens of thousands—of dollars in BANK ON STUDENTS EMERGENCY we have seen so many people, including interest payments. We can help right LOAN REFINANCING ACT—MO- many of us, refinancing their homes, now. TION TO PROCEED—Continued taking advantage of lower interest This is something where we could The PRESIDING OFFICER. The Sen- rates, being able to use lower interest jump-start the economy, as the Federal ate will resume legislative session. rates in other ways. But students have Reserve Chairman said—jump-start the Under the previous order, the time been prohibited—anyone with a stu- economy right now by passing this bill until 4 p.m. will be controlled by the dent loan has been prohibited from re- and being able to lower the cost of stu- majority and the time from 4:00 to 5:00 financing. That is plain wrong, and our dent loans. will be controlled by the Republicans. bill addresses that. It is now my great pleasure to turn The majority leader. Passing this bill would help more to a champion not only on this issue Mr. REID. I ask unanimous consent than 25 million Americans. I cannot but on the broader question of making that the time for the Democrats be think of any one single thing we could sure that every American has a fair until 4:05 p.m. and the same with Re- do that would immediately help 25 mil- shot to make it so that we have a publicans, 5:05 p.m. lion people, including 1 million hard- strong middle class in this country. The PRESIDING OFFICER. Without working people in the State of Michi- I yield 5 minutes to the distinguished objection, it is so ordered. gan. Senator from Wisconsin, Ms. BALDWIN. The PRESIDING OFFICER (Mr. A mother named Frances from The PRESIDING OFFICER. Without objection, it is so ordered. MANCHIN). The Senator from Michigan. Macomb County outside of Detroit Ms. STABENOW. Thank you, Mr. wrote to me on September 6, and she The Senator from Wisconsin. Ms. BALDWIN. It is a delight to join President. talked about her children. She has two Senator STABENOW on the floor to talk I am very pleased to join with a num- children. Both of them chose jobs that about this critical issue that is a grow- ber of colleagues today representing all serve the public. One is a teacher and ing crisis here at home in America and of those in our conference who are one is a nurse. Because of the loans threatens Americans’ economic deeply concerned about the mound of they took out when they were working strength and competitiveness. debt that students incur when they are hard to get their way through college, As you have heard, today there is a doing the right thing. their student loan debt now is nearly debt crisis in America. Student loan We say: Go to college, work hard, get $100,000—$100,000. debt is more than $1.2 trillion, and that skills for this new economy, come out In Michigan, 62 percent of college is holding back an entire generation so you can be successful. Having done students have debt when they grad- and creating a drag on our economy. It that, too many of them are coming out uate. The average is about $29,000, al- is a crisis that demands action from with mounds of debt—crushing debt— though I have talked to people with Washington. that is stopping them from buying a not only the $100,000 debt I just men- Once again, Congress is failing the house, starting a business, and moving tioned but young professionals with American people by refusing to work forward with their future. There is $185,000 or $200,000 debt if they have together to confront it. In June the something that can be done about that, gone to graduate school or medical Senate took a vote on the Bank on and that is what we are here to talk school or law school, and it can be even Students Emergency Loan Refinancing about and invite our Republican col- higher. Act, which I am proud to cosponsor. leagues to join us. On the other end of the spectrum, While it received majority support in There was a filibuster a number of there are some Americans who worked this body, a minority of Republicans weeks ago against our student loan all their adult lives and are now re- obstructed the bill and prevented it debt bill, the bank on students bill. We tired, and in fact they are on Medicare from moving forward. have an opportunity today to come to- and they are still paying student loan The choice was clear, and opponents gether, rather than seeing a Repub- debt. This is wrong. We need to act to addressing the student debt crisis lican filibuster, to join in a bipartisan change this. chose to protect tax loopholes for mil- way to provide incredibly important The total student loan debt in this lionaires and billionaires instead of relief to millions of not only young country right now is $1.2 trillion. That helping give students a fair shot at get- people but older people across the is more than credit card debt—more ting ahead and providing relief to mid- country who are still struggling with than credit card debt, $1.2 trillion. If dle-class families struggling with stu- student loan debt. you put it another way, after every one dent loan debt.

VerDate Sep 11 2014 02:22 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G16SE6.036 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE September 16, 2014 CONGRESSIONAL RECORD — SENATE S5609 I believe every student in America Bank on Students Emergency Loan Re- those loans at a lower interest rate. deserves a fair shot at an affordable financing Act. By allowing student You can refinance a car and you can re- education, and I believe college edu- loan borrowers to transfer their loans finance a mortgage, but you cannot re- cation should be a path to the middle into the Federal program and by clos- finance a student loan. class and not a path to indebtedness. ing costly tax loopholes for billionaires We have heard from literally hun- Nearly 40 million students and grad- and millionaires, we are solving a dreds of students and residents in New uates in America have outstanding stu- major economic crisis in a meaningful Hampshire who are no longer students dent loans. The total amount of stu- and effective way. It is the least we can but who are trying to pay back loans dent debt in the United States has tri- do to address the student loan debt cri- after years of having to try to pay back pled in the past decade. According to sis, but it is not all we can do. the loans and start their lives. Sup- new data from the Federal Reserve, Last week I had the opportunity to porting this bill is a commonsense way student loan debt grew by $31 billion introduce two bills to help address the we can come together to help the mil- from January to March of this year. In larger issue of student debt and college lions across this country who are my home State of Wisconsin, almost 70 affordability. My legislation targets struggling to pay back their student percent of the students graduating working students and students enrolled loans. This is especially important to from 4-year institutions will have stu- in career and technology education New Hampshire because we rank sec- dent loan debt and the average debt programs. My Working Student Act ond in the country in average debt per amount will be $28,000. That is real will allow students who must work graduate—almost $33,000 per graduate money. That is real money that isn’t while in college to complete their de- for student loans. According to recent going toward buying a car or a first grees more quickly and with less debt. estimates, almost 130,000 New Hamp- home. It is real money that isn’t going The new legislation increases the shire residents could benefit from this into growing our economy at a time amount working students can earn bill. These folks need some relief from when we so desperately need economic without that income counting against their student debt burden because it growth. them in accessing need-based Federal often comes at interest rates that are To help give Americans a fair shot at financial aid, including Pell grants. higher than they pay for a home or a getting out from under that burden of In addition, some career and tech- car. It is unacceptable to leave these student loan debt, we should let bor- nical education students cannot access borrowers struggling with crippling rowers refinance at today’s lower rates. Federal student aid to help them ad- debt when we have an opportunity to That is why we are pushing for a vote vance their careers, and that is why I address this growing problem. on the Bank on Students Emergency have introduced the Career and Tech- It is not just for those people who are Loan Refinancing Act. This legislation nical Education Opportunity Act. This affected because of their own student will allow those with outstanding stu- legislation simply allows CTE students loans; this has a ripple effect through dent loan debt to refinance. It is pretty enrolled in short-term programs that our economy. I met with a group of re- simple: It is paid for through the lead to industry-recognized credentials altors over the summer, and one of the Buffett rule by making millionaires to also qualify for Federal student aid. things they talked about was how they and billionaires pay their fair share of CTE is one of the most effective vehi- are seeing first-time home buyers taxes to give our students a fair shot at cles to respond quickly to labor market delay buying a home because of the a bright future, and it will help changes and workforce readiness needs cost of student loans. strengthen the economic security of of business and industry. To put this issue into perspective, I the American families who are strug- My legislation will help ensure that wish to talk about some of the people gling with this debt. Federal investments are supporting I have met who have been burdened by The Department of Education esti- ‘‘ready-to-work’’ education. their student loans. mates that 25 million borrowers in the One thing is clear: There is a lot I first met Calvin, a young soldier United States could benefit from refi- more we can do in Washington to give from New Hampshire, at Walter Reed nancing under this legislation, includ- a much needed break to people strug- Medical Center. He was recovering ing just over half a million Wisconsin- gling to build a stronger future for from losing his leg after stepping on an ites. themselves, their families, and for IED in Afghanistan. He was married I have traveled the State of Wis- America. I am pleased that in a short and had a young child. We were talking consin and listened to students and while Senator WARREN will call for a about the challenges he was facing graduates who are struggling with stu- vote on this important matter. We after he recovered from his injuries. dent loan debt. They shared their con- have a chance today to make a power- What impressed me the most about our cerns and the burdens that the cost of ful difference in the lives of millions of conversation—in addition to his com- a higher education puts on them and students and graduates. Let’s do so. mitment to this country—was that the their families. They asked me to bring I yield back my time. issue he was most concerned about was their stories and their messages to Ms. STABENOW. Mr. President, it is not losing his leg or where he was Washington, DC. now my great pleasure to yield to the going to get a job after he got out of One graduate student said she lives distinguished Senator from New Hamp- the military, it was how he and his with her fiance’s parents to save shire. I have to say that Senator SHA- wife were going to pay back their stu- money. Another said her husband bor- HEEN’s voice has been strong and clear. dent loans. rowed against his 401(k) so that the She has been one of our strongest advo- Another college graduate—a woman couple could afford daycare for their cates as far as what we need to do on from Durham, NH—wrote to me re- children while she attends school. An- student loan debt and also making sure cently. She has a master’s degree and other woman said she owes about middle-class families have a shot to get is employed in the public service field. $27,000 in loans. When she tried to buy ahead. We are very pleased to have the She has been working for 12 years but a $6,500 car, she needed her grandfather Senator from New Hampshire, and I has not been able to buy a home for her to cosign because she would not have yield 5 minutes. family because she still has $90,000 in been able to get the loan on her own. I Mrs. SHAHEEN. I thank Senator student loan debt. heard from a woman in Green Bay, WI, STABENOW and Senator BALDWIN. I also heard from a woman in who is strapped with $600-a-month pay- I am pleased to be on the floor today Stratham, NH, who has a $150,000 stu- ments for her student loans. joining the distinguished Senator from dent loan debt. She consolidated her The failure of Washington to hear Michigan, Ms. WARREN, Senator loan but has a 7-percent interest rate, these voices and take action is holding FRANKEN, and all the other Senators which accrues nearly $900 per month in them back, and it is holding back our who will be here to speak on the Bank interest alone. A lower interest rate economy. This money isn’t going to on Students Emergency Loan Refi- would make a critical difference to this support small local businesses that are nancing Act. This is a critical piece of woman and her young family. working so hard to move our economy legislation, and it will allow eligible Those three young people represent forward. That is why we should seize borrowers who took out student loans thousands—almost 130,000 people across this opportunity today to pass the prior to January 1, 2013, to refinance New Hampshire—who would benefit

VerDate Sep 11 2014 02:22 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G16SE6.038 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE S5610 CONGRESSIONAL RECORD — SENATE September 16, 2014 from refinancing their student loans. sion to quit her job as a fifth grade ures such as a fair shot at getting out This bill is important for New Hamp- teacher to go to work in the private of poverty if a person works 40 hours a shire, and it is important for the coun- sector because she could make more week, a fair shot for a woman to get try. money in the private sector. She need- equal pay to a man, and a fair shot to We should take action today for the ed to do this because she had four kids prevent jobs from being sent overseas benefit of all Americans with student in college. Among the fifth grade class- to get a tax break, they know what we loan debt who deserve a fair shot at the es in Mrs. Stangler’s school district, are talking about. Perhaps no issue American dream and opportunities for her students showed some of the high- resonates more than a fair shot for peo- themselves and their families. I urge est rates of improvement in test scores. ple to be able to afford college and then my colleagues to join me. As Senator This is what I am talking about—we repay their loans with a reasonable BALDWIN and Senator STABENOW said, lost a great teacher because of the ex- amount of money. we have an opportunity this afternoon pense of postsecondary education. Probably the greatest problem Amer- to make a huge step forward in ad- Even with her mom’s sacrifice, she ica faces is the decline of middle-class dressing the student loan debt faced by has $12,000 in student loans, and she es- incomes. They have been declining too many Americans. I hope our col- timates that her total debt will be since 2001. If they continue to decline leagues will support the Bank on Stu- around $30,000 by the time she grad- for another decade, whoa is America, dents Emergency Loan Refinancing uates. whoa is America. There are so many students such as Act. America has been expanded—has I thank the Presiding Officer and Joelle who are drowning in debt in grown to the greatest country in the yield the floor. Minnesota and across the country. Stu- world on the notion of opportunity. In Ms. STABENOW. Mr. President, I dent debt totals are over $1.2 trillion, will yield 5 minutes to the distin- and it is a threat to our economy. We my harbor sits a lady with a torch. guished Senator from Minnesota, and are seeing young people delay decisions That torch symbolizes the American as one of the lead sponsors of this bill, to start a business, to start a family, to dream to just about every American I thank Senator FRANKEN for his pas- buy a home, or make other types of and most citizens in the world. What is sion and fight not only for people in purchases that make an economy grow. the American dream? What does that Minnesota but for the 25 million people But there are commonsense solutions, torch symbolize? If we ask the average across the country who will benefit and they are contained in our Bank on American, they wouldn’t put it in from the opportunity to be able to af- Students Emergency Loan Refinancing fancy words or highfalutin language. ford to go to college. Act. They would say: It means if I work The PRESIDING OFFICER. Without Our bill simply allows students and hard, I will be doing better 10 years objection, it is so ordered. graduates to take advantage of lower from now than I am doing today, and Mr. FRANKEN. Mr. President, I interest rates and refinance their my kids will be doing better than I. thank the generous Senator from loans. That is what people with mort- Nothing keeps that American dream Michigan, and I thank the Senator gages, car loans, and business loans can burning more brightly than the ability from New Hampshire for her remarks do. They can take advantage of lower to afford a college education. about the Bank on Students Emer- interest rates and refinance their The bottom line is simple. The statis- gency Loan Refinancing Act. loans, but the government will not refi- tics show that in our new and techno- I have held college affordability nance student loans, and that is just logical world, those who have a college roundtables around my State of Min- not right. education, whether it is an A.A. degree nesota ever since I got to the Senate. It In the summer of 2013 we came to- or a B.A. degree or higher, do a lot bet- is astounding how hard students work gether in Congress to prevent the in- ter economically than everybody else. while they are also in college. I remem- terest rate on new student loans from Amazingly enough, they do better in ber speaking to the student governing doubling. Thanks to that effort, under- other ways in terms of how good their body from MnSCU—the Minnesota col- graduate students taking out new health is, in terms of their longevity, leges and universities student body— loans now pay a lower rate. Our bill in terms of their happiness. and I asked: How many of you work 20 would enable students and graduates So college, which used to be a rare hours a week? They all raised their who are saddled with higher interest commodity 100 years ago, is now al- hands. They were in the governing rates on their undergraduate loans to most a necessity to millions of Ameri- body. I said: How many of you work 30 refinance at the same lower interest cans. Yet it is so expensive. It is expen- hours a week? A few raised their hands. rate. The bill would similarly enable sive in two ways. First, it is hard to get I said: How many of you work 40 hours Americans with graduate student loans there. We have been working very hard a week? A couple raised their hands. or PLUS loans to refinance at lower on the American opportunity tax These students work while going to rates. break, which my friend from Michigan college. Student debt is holding Americans In Minnesota students graduate with mentioned, reducing the rate of stu- back, it is holding back our economy, dent loans for those who are already in more than $30,000 in student loan debt. and that is why we need to pass this We are about fourth in the Nation. I college, and many other ideas we have bill. pursued to try to make college afford- heard Senator SHAHEEN say they are I thank the Presiding Officer and able for families who have someone in second in the Nation. This bill would yield to the Senator from Michigan. help over 550,000 Minnesotans and 25 Ms. STABENOW. Mr. President, I college or will enter college in future million Americans cut down their debt yield to the distinguished Senator from years. and keep more of their hard-earned New York, who not only is a leader on There is another huge problem as checks. this issue and so many other issues but well. Those who have been to college A few months ago I had a roundtable is the author of a major tax credit in have huge amounts of debt and they at the University of Minnesota, and I our Tax Code that allows middle-class are paying this government far more met Joelle Stangler. She happened to families to be able to get help for col- interest than would be paid on the be the student body president at the lege. There is not a bigger champion market. We can refinance almost ev- University of Minnesota. She was the for middle-class families than the sen- erything—mortgages, cars, loans on valedictorian of Rogers High School in ior Senator from New York. jewelry—but we cannot refinance col- Minnesota with a 4.12 GPA. She doesn’t Mr. SCHUMER. Mr. President, I lege loans the government has given lack motivation. Both of Joelle’s par- thank my colleague and dear friend us. So people are paying 6, 7, 8 percent; ents were teachers. In fact, she comes from Michigan for the great work she whereas, if they went to a bank on from a long line of educators going has done as chair and vice chair of the their own, they would pay less. back six generations. DPCC. We have worked very hard on How dare the Federal Government You will see why I am telling this this ‘‘fair shot’’ agenda. We believe it is make money on the backs of young story. resonating with the American people. people who are struggling to pay back A couple of years ago Joelle’s mother When our colleagues on the other their debt. Boy, does it hurt those fam- Cassie Stangler made the tough deci- side of the aisle oppose simple meas- ilies. It prevents them from starting

VerDate Sep 11 2014 02:22 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G16SE6.045 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE September 16, 2014 CONGRESSIONAL RECORD — SENATE S5611 businesses, buying homes, going on va- dent, and the president said he still just young people. There are several cation, and many delay their mar- doesn’t know the enrollment this year million Americans over the age of 50 riages. So there could be nothing that because there are a lot of students who who have student debt. This is a life- would make millions and millions of have preenrolled, but until they have time burden. Let them refinance so Americans happier economically. paid their costs, they are not fully en- they can take advantage of the lower There could be nothing that would help rolled, and a lot aren’t fully enrolled interest rates and save several thou- people get a fair shot and a decent edu- because they didn’t know how to pay sand dollars doing that. We have a cation, the ability to repay, than this for their costs. We also heard from stu- chance to do that today. simple bill put together largely by the dents who said they showed up for class I urge my colleagues to allow us to Senator from Massachusetts, ELIZA- and several of the students didn’t even take up this legislation and let’s pass BETH WARREN, who has done a great have textbooks because they couldn’t it. Let’s show the people of this Nation job. afford to buy their textbooks. Then we that we want a fair shot for everyone It is hard to figure why our col- heard from students who said: Look, it to afford a college education. I am leagues oppose this. They have some is difficult enough to afford a 4-year proud to be a part of the Senators who distrust in the Federal Government. In college education, but the average are on the floor urging this to happen. this area we do too. We think the Fed- length of time to get a degree was 6 Again, I thank my colleague Senator eral Government is demanding too years. Why? Because they have to work STABENOW for her leadership on this much money to repay loans. Why don’t in order to pay for part of their school- issue. they join us? ing to keep their debt down. They Mr. REED. Mr. President, I join with The cost of tuition goes up and up, couldn’t graduate earlier. The courses my colleagues to urge the Senate to the cost to repay goes up and up, and are only offered certain times of the take up and pass the Bank on Students the burden on the backs of so many year, and it took them 6 years to get Emergency Loan Refinancing Act led goes up and up. the required amount. by my colleague from Massachusetts, So all we want is a fair shot for ev- We have heard the numbers. The Senator ELIZABETH WARREN. eryone to be able to afford college and amount of student debt outstanding is This is about fairness, it is about val- to be able to repay. This should have $1.3 trillion—more than credit card ues, and it is about what is best for our been a bipartisan bill; it is not right debt. In the United States, of a fam- students and our shared economic fu- now, but maybe there will be a change ily’s income, it takes maybe half the ture. of heart. I will tell my colleagues this: income to afford a college education. Earlier this month Senator WHITE- This will become law, maybe not today For the rest of the industrialized HOUSE and I held a roundtable with but in the next months and next year. world, it is between 5 and 10 percent. Rhode Islanders about student loan It has become an issue in campaigns We can’t be competitive with that rate. debt. Rhode Island ranks in the top five throughout the country. This is an Education is a great equalizer in this for the amount of debt students incur issue that resonates with voters— country and we have outpriced our- to earn an undergraduate degree. We Democratic, Independent, Republican, selves. heard from a teacher who works a sec- liberal, conservative, North, South, We have a chance to do something ond job to help make his loan pay- East, and West, and we will keep fight- about it today. I will give one more ex- ments and a parent who worries how ing until every American has a fair ample, if I might. I was at a 4-year col- she will be able to help her son pay for shot at affording college and repaying lege this year and I was speaking to a college while she is still making loan their loans. student who was a second-year student payments. We heard from Rhode Island With that, I yield back to the Sen- going into her third year, and she said realtors about the impact student loan ator from Michigan, who has been kind she was going to drop out. I asked her: debt is having on the housing market. enough to put together this hour of de- Why are you going to drop out? Are This is an issue that strikes home for bate. you not doing well in school? She said: all of us. Even our Nation’s seniors are Ms. STABENOW. Mr. President, I I get straight A’s. I am dropping out impacted. GAO recently reported that thank my friend from New York, who because I can’t justify to my family from 2002 through 2013, the number of has been so passionate on the broad taking out more debt, knowing what individuals whose Social Security ben- question of how do we have a fair shot the interest costs are going to be to my efits were offset to pay student loan as Americans to get ahead and particu- family. debt increased fivefold. Think about it. larly as it relates to affordability and It broke my heart. That is the situa- These are senior citizens who are pay- college loan debt. tion. ing off student loans. Their actual So- We are so pleased to have another We need to have greater budget sup- cial Security benefit checks are being champion with us from the great State port for public colleges and univer- affected by student loan debt. That is of Maryland. I yield now to Senator sities. We need to increase Pell grants. something I find disturbing and com- CARDIN from Maryland. We need to make Pell grants 12 months pletely unpredictable. Mr. CARDIN. Mr. President, let me a year because some of these courses If you would have asked me 2 or 3 or thank Senator STABENOW for orga- are only offered in the summertime 4 years ago—certainly if you asked me nizing this time to underscore the im- and that is when students can make it 30 years ago when I was in my thirties portance of a fair shot for everyone to up. Senator HARKIN has a bill in to do or so, I would have said, no, that afford a college education. that, and we need to do that. There are wouldn’t happen. That would have been Earlier this month Senator MIKULSKI a lot of steps we need to take, but impossible back then because we had a and I met with students. We met with today we could take a giant step for- country that supported students students from the University of Mary- ward with interest costs. through college. The Pell grant and land Baltimore County. We met with My colleague Senator ELIZABETH Stafford loans were such that people students from Bowie State College. We WARREN will be making a request. We had a chance to pay them off rather sat around a table and listened to their have a chance to pass this bill today in quickly and then go on to buy a home, stories. Bowie State College is one of the Senate that would say it is wrong establish a family, and then use their our historically Black colleges and uni- for the Federal Government to make resources for their retirement or to versities in America with fairly reason- $66 billion on the interest flow. From help their grandchildren a little bit able tuition costs—much lower than 2007 to 2012 the Federal Government with their student loans. most State colleges and certainly a lot made $66 billion on the difference be- When it comes to student loans, we lower than private schools. So Senator tween what they charge in interest and are in this incredible situation. Since MIKULSKI and I were shocked to find what the cost is to the government. To 2003, student loan debt has quadrupled that the average amount of debt today me, that is the worst tax on the most to an estimated $1.2 trillion, and the at a State college such as Bowie is over vulnerable in our community, and we interest rate on undergraduate student $27,000 for a graduating senior. That af- should eliminate that. That is what the loans was 3.86 percent for the last year. fects their decisions. Warren bill does. Yet many borrowers are locked into We were there during the first week The bill says let our students refi- loans at 6.8 percent or higher with no of school and we talked to the presi- nance their loans. By the way, it is not way to refinance.

VerDate Sep 11 2014 02:22 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G16SE6.047 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE S5612 CONGRESSIONAL RECORD — SENATE September 16, 2014 Just last year the GAO estimated supermajority. It is the way the rules We also talk about a young woman that the Federal Government would are. We know we have a majority to from Lambertville, MI. She went to my earn an estimated $66 billion from stu- pass this bill. If our colleagues don’t alma mater, Michigan State Univer- dent loans originated between 2007 and want to vote for it, that is fine, but sity. She graduated in 2008 and was on 2012. Again, in the 1950s and certainly what we ought to be doing is having the Dean’s list. in the 1960s—but particularly after the the vote. Of course, 2008 was a disastrous year Pell Grants in the 1970s—we were in- If somebody wants to stand and say for the economy, nationally and cer- vesting in students. They were our fu- this is not important, it is not a pri- tainly in Michigan, as we saw what ture, not profit centers. We are now ority to make sure everyone has a fair happened to auto manufacturing. It generating—over a 5-year period—$66 shot to be able to go to college and not was especially brutal for young people billion. Student loans are supposed to be buried in student loan debt, if they looking for work. be an investment to help individuals want to say they would rather protect Even though she graduated among reach their potential and strengthen those we are asking to help chip in to the top in her class, it ended up taking communities, not just a revenue gener- pay for this, which are millionaires and her 4 years to find a job in her field. ator. Approximately 25 million Ameri- billionaires who aren’t paying their Today she is only making slightly cans could benefit from refinancing, in- fair share in taxes right now as middle- more than minimum wage and trying cluding 88,000 in Rhode Island. They class families are asked to do—we are to figure out how in the world she is paying for this refinancing by closing a could lower their monthly payments if going to pay off her student loan debt, loophole that, as Warren Buffett said, they could just refinance their student let alone proceed with her dreams for shouldn’t be there when he as a billion- loans. the future. aire has a lower tax rate than his sec- One of the ways we have been trying Last week I heard from a young man retary. So we are saying join us to to help is by allowing borrowers with who was originally from Union City, close that loophole. Take those dollars high fixed rates on their student loans MI. He was working in North Carolina and help 25 million people—25 million to refinance at a lower rate. That is when his father was diagnosed with a people—be able to cut thousands of dol- terminal illness—brain cancer. He the simple premise behind the Bank on lars off of their payments. For me, I came home—as I’m sure his family ap- Students Emergency Loan Refinancing am laser focused on the 1 million peo- preciated—to help care for his father. Act that I am proud to cosponsor with ple in Michigan this would help. Senator WARREN and many of my col- Let me share a few of those stories. He was showing the right kind of fam- leagues. Nathan Collison and his wife live in ily values to come home and help care In June the Senate fell just shy of Saginaw. They are young professionals. for his dad. the number of votes needed to move They have a combined student loan During the recession he lost his job forward on this legislation. Today, debt of $185,000. They have a 3-year-old in Michigan and was out of work for 2 once again, the Republicans will block little girl. I will never forget Nathan years, which is why he ended up in us from taking up this legislation. saying to me: When she is ready to go North Carolina and ended up in a low- I hope my colleagues on the other to college, I am still going to be paying wage job with no benefits. Now he is side of the aisle will reconsider their off our student loan debt, and I can’t back trying to figure out how he can opposition because student loans afford to put money aside for my little help take care of his dad, figure out a should help people get ahead, not weigh girl to be able to go to college. That is job, and not be totally buried in the them down with debt, thereby holding not right. He and his wife both work debt that he already has. them and our economy back. and right now they are talking about His debt has been turned over to a Looking forward we also need to $600 a month on student loan debts. As collection agency and, counting the work together to tackle the drivers of Nathan pointed out to me, that is a fees, he now owes $90,000 and counting. the student loan debt—rapidly rising house payment. That is a good house in He tried to do the right thing not only college costs and a rollback of the Saginaw at $600 a month. Yet it is only by going to college but for his family. State investment in higher education. a fraction of the interest on Nathan’s I think about how things have We need to get back to the idea that loans, which means his debt is going to changed over the years—the kind of educating Americans is fundamentally keep growing and growing and growing. support we used to give. One of the in our national interest and that we Just to make his debt stop growing, he great American strengths has been cre- have a shared responsibility—at the would have to be paying $2,200 a month. ating opportunity for people to be suc- Federal, State, local, institutional, and So if he was going to be paying the full cessful. A lot of that opportunity has individual levels—for investing in our amount and not deferring part of it, it been in relation to going to college and future. We need to ensure that this would be $2,200 a month, which is a getting an education. generation and future generations have very nice house in Michigan. He would I remember growing up in Clare. opportunities to develop their talents like the ability to do more than just When I was going to high school my and pursue their dreams in order to se- have a nice house. Nathan and his wife dad was very ill. We didn’t have any cure a brighter future for them and our would like to put money aside for their money for me to go to school. I worked country. little girl to be able to go to college very hard. I was at the top of my small I urge my colleagues to join us in and to be able to invest in their future. class of 93 people, and I was in a posi- providing student loan debt relief to So this legislation wouldn’t auto- tion to get a tuition and fee scholar- millions of Americans. Help us pass the matically make Nathan’s debt go ship that allowed me to go to college. Bank on Students Emergency Loan Re- away, but it would make it a whole lot Somebody somewhere thought at financing Act. Help us relieve this bur- easier. If we look at $185,000 over a 20- that time it was important for some den of debt on so many young, middle- year period, we are talking about tens redheaded freckle-faced kid they did aged, and remarkably so—based on re- of thousands—$100,000 in savings. not know had a shot to make it. That cent studies—some senior citizens. So this is very much about having a has been what is best about America. Ms. STABENOW. Mr. President, I vote today, the opportunity to vote. Now we have tried. We have increased thank the Senator. Our colleagues don’t have to vote yes. Pell grants, but certainly they need to Let me stress what I think Senator They don’t have to vote yes. We are be increased much more. CARDIN said so eloquently. We have the confident we have enough votes to pass We have focused on other areas, and opportunity to vote today on a fair this. We just need to get through the we certainly need to do more. What we shot for everybody to go to college, so procedural hurdle, the objections that have seen over time is that more of we will ask our colleagues to join us. trigger a filibuster. That is all we are what students have had to do is take The rules of the Senate are such that asking for. I think the 1 million fami- student loans. There have been less op- even though we have a majority—be- lies and the 1 million people in Michi- portunities for scholarships and less cause our caucus is all supporting this gan and their families, the 25 million opportunities for grants. effort we have a majority to get this people across the country who are bur- I am very sorry to say my home done—if there is an objection, we go ied in student loan debt deserve a vote. State has cut K–12 and higher edu- into filibuster mode, which takes a They deserve a vote today. cation. On higher education—and more

VerDate Sep 11 2014 02:22 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G16SE6.049 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE September 16, 2014 CONGRESSIONAL RECORD — SENATE S5613 than in most States—it is in the top For middle-class families, for working Millions of young people are just ten in student-loan debt and certainly families, for people who are just trying stuck. They can’t buy homes, they not something I am proud to see hap- to get a fair shot, and on education she can’t buy cars, they can’t save for re- pen in my home State of Michigan be- has been a tremendous leader. It has tirement, they can’t do the things that cause of what I think have been upside- been a real privilege to have this op- would help this economy grow—all be- down values. portunity to work with the Senator cause they are struggling under the What we have seen over time is that from Michigan. I know the Senator weight of student loan debt. as the economy is changing, we are from Michigan and I are going to keep If Senators think we should do more telling people who are going back to working on this set of issues. than just refinancing, more to improve school who lost their job: You need to I rise today to urge my colleagues to college accountability and to reduce go back and get the education, the allow a debate and vote on the Bank on the future costs for students, then tools, and the skills for the jobs that Students Emergency Loan Refinancing work with us to offer amendments, but are available in today’s economy. Act. Some 40 million Americans are don’t refuse to even debate the bill. We have new opportunities and a new dealing with student loan debt, and Some Republicans don’t like that economy, but it means we have to have many of them are drowning in it. this proposal is paid for by closing tax new skills. We have to have an edu- A quarter of all Federal student loan loopholes. If Senators don’t like that, cation, so students are doing that. borrowers are behind on their pay- if they have other ideas, then they They are doing the right thing. They ments. Student loan debt is dragging should offer amendments. But don’t are doing what they have been told to down our young people, and it is drag- refuse to even debate this bill. do. Then they turn around and their ging down the economy. It is keeping Some Republicans even suggested only option is loans. borrowers from buying homes, moving that Democrats don’t want this bill to They take a look at the fact that out on their own, buying cars and open- pass. That is just plain ridiculous. Only somehow student loans are treated dif- ing small businesses. in Washington can you vote against In June the Senate voted on a pro- ferently than student loan debt. You something, and then when it doesn’t posal to allow borrowers to refinance cannot get the lowest interest rates pass, you blame the people who voted their existing student loans down to and refinance if you are in the unfortu- for it. the interest rates offered to new bor- nate situation of going into bank- These excuses don’t fool anyone. rowers. These are the same rates that ruptcy and can’t discharge those loans They don’t fool the hundreds of thou- nearly every Republican in the House in bankruptcy such as you can other sands of people who have signed peti- and the Senate voted just last summer kinds of debt. tions, attended rallies, and called their to offer to new borrowers. This refi- I don’t understand how we got into a Senators asking for a vote on this bill. nancing bill would not add a single place where somehow student loan debt This is not complicated. Senators can dime to the deficit. It is fully paid for is with you forever and ever. We don’t make a choice. It is a choice that by closing the tax loophole that right have the same ability to allow people raises a fundamental question of who now lets millionaires and billionaires this place works for. Does it work for to manage that debt as they do other pay less in taxes than middle-class kinds of debt. But that is where we are those who can hire armies of lawyers families. The vote on our student loan and lobbyists who want to protect in this country. There are cuts at the refinancing proposal asks Senators to State level and tuition goes up. loopholes in the Tax Code to get more make a simple choice: protect billion- advantages for millionaires and billion- We then see a situation where more aires from paying their fair share of aires? Does it work for the big banks and more people have to turn to stu- taxes or protect student loan borrowers with their armies of lobbyists who just dent loans. who work hard to get an education and want to maximize student loan profits? We can do something about that are struggling to stay afloat; protect Does it work for young people who today. There is a lot we can do. I sup- the billionaires who have already made worked hard, who played by the rules, port doing all that will allow us to get it big or help young people who are who got an education, and who are try- us back to right-size the situation in still trying to build a future. terms of our values and supporting op- A majority of the Senate, including ing to build a future for themselves and portunity for education in our country. every Democrat, every Independent, their families? One thing we can do right now is to and three Republicans sided with stu- We are just a few votes away from have a vote on this bill. We could im- dents in support of moving forward on breaking the Republican filibuster and mediately see change happen. Put more this bill, but the rest of the Repub- moving forward to debate this bill. I money back into the pockets of folks licans blocked it. We heard a lot of ex- urge my Republican colleagues to across our great country who have cuses from those that oppose the bill. allow a vote and to let us debate and been doing the right thing and want a Some Republicans suggested that the pass this bill. fair shot to make it and the oppor- benefit for our young people on this UNANIMOUS CONSENT REQUEST—S. 2432 tunity to have some kind of help as bill is small. I disagree. Putting bil- I ask unanimous consent the Senate they are paying off their student loans. lions of dollars in Federal student loan proceed to the immediate consider- I am so pleased to see our leader and profits back into the pockets of Ameri- ation of Calendar No. 409, S. 2432, the the main author of this legislation join cans who worked hard to get an edu- Bank on Students Emergency Loan Re- us on the floor. She understands, as we cation is not small. Saving millions of financing Act, and the Senate imme- all do, and is someone that has been Americans hundreds or thousands of diately proceed to vote on passage of dedicated to education and higher edu- dollars a year in excessive student-loan the bill, with no intervening action or cation her whole life, advocating for an interest payments is not small. If the debate. opportunity for people to be successful Republicans think the benefit is too The PRESIDING OFFICER. Is there and have a fair shot. small, then work with us to offer objection? It is my pleasure at this point to turn amendments to this bill and give stu- Mr. CORNYN. Mr. President, reserv- to the distinguished Senator, the sen- dents a bigger break but don’t refuse to ing the right to object, I want to say to ior Senator from Massachusetts, and even debate the bill. my colleague from Massachusetts I ap- support her request as she moves for- Some Republicans suggested that the preciate her highlighting the impor- ward this afternoon. $1.2 trillion in outstanding debt just tance of student debt in the lives of a I yield for the Senator. isn’t a big deal, that we should focus on lot of our young people who are strug- The PRESIDING OFFICER. The Sen- rising college costs instead. Yes, the gling in this stagnant economy. The ator from Massachusetts. rising cost of college is a terrible prob- best thing we can do is to try to get the Ms. WARREN. Mr. President, I wish lem but so are the outstanding loans at economy growing again. But the ma- to commend all of the incredible work 6 percent, 8 percent, 10 percent, 12 per- jority leader has chosen not to use the that the Senator from Michigan has cent, and even higher. We need to fix Senate floor for the purpose of legis- done on the ‘‘fair shot’’ agenda, how both problems and not play rope-a-dope lating. This is the killing field for good she really has been out there working politics and say we can’t fix this be- bipartisan ideas that have come from hard for families across this country. cause we haven’t fixed that yet. the House of Representatives—now

VerDate Sep 11 2014 02:22 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G16SE6.051 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE S5614 CONGRESSIONAL RECORD — SENATE September 16, 2014 more than 380 bills. Unfortunately, the This is solely within the control of I greatly regret the objection and in- majority leader refuses to take up any the majority leader, Senator REID. He dicate that we will be back and back of those. We stand ready to work with has decided it is better to shut things and back until we get the American our colleagues across the aisle on seri- down than to pass legislation which people the relief they need. ous legislation through an open and de- both sides of the aisle would like to see I yield the floor. liberative process that our constitu- pass. So I would object. The PRESIDING OFFICER. The mi- ents are demanding. There is a reason The PRESIDING OFFICER. Objec- nority whip. why the approval rating of the Con- tion is heard. Mr. CORNYN. Mr. President, I appre- gress is 14 percent. People look at Ms. WARREN. Mr. President, what is ciate the frustration of the Senator Washington, DC, these days and realize dysfunctional is a Republican filibuster from Michigan at the Senate not func- it is completely broken and nowhere of a bill on which 58 Senators want to tioning the way it should. But really else is it more broken than in the Sen- move forward and debate. Allowing an her complaint ought to be with the ma- ate, where Senator REID has decided to unlimited number of amendments on jority leader. Republicans are happy to grind what used to be known as the any topic, going on forever, is not a have an open amendment process. I say world’s greatest deliberative body to a reasonable way forward. We want to be to the Senator from Massachusetts halt. able to debate the student loan refi- that we are not talking about amend- We will now pass a continuing resolu- nancing bill. We want to be able to do ments ad infinitum. We are talking tion and adjourn with 47 days left—by it now. Young people are struggling about a reasonable amount of amend- the time we do it—until the election. and are counting on us. ments. We have been down this lane be- It is really beyond dismay. The PRESIDING OFFICER. The Re- fore. We know that the majority leader I ask unanimous consent that the publican whip. rules this body with an iron grip. In the Senator modify her request, and that it Mr. CORNYN. Mr. President, I appre- waning days now of this session, there be in order for the minority leader or ciate the great talents and credentials is going to be veritably nothing done, his designee to offer an amendment, that the Senator from Massachusetts because, of course, that is the way the and then for the majority leader or his brings to the Senate. Unfortunately, majority leader has chosen to use his designee to offer an amendment, and it whether one is in the majority or in authority. It would make sense if we be in order for the leaders or their des- the minority, the Senate has not been had an opportunity to offer House leg- ignees to continue to offer amendments able to function for the last 4 years. I islation. As I said, there are 44 dif- in an alternating fashion. In other have been fortunate to be in the Senate ferent jobs bills and more than 385 bi- words, we would ask for an open at a time when any Senator who want- partisan pieces of legislation that have amendment process on the legislation ed to could come to the floor and offer passed the House which would be great that the Senator is proposing. an amendment and get a vote on that for us to take up and to work our way The PRESIDING OFFICER. Will the amendment. through in an orderly and deliberative Senator from Massachusetts so modify What to me is completely ironic is sort of way. her request? even if you are in the majority, you I agree the American people want to Ms. WARREN. Mr. President, reserv- cannot get a vote on an amendment—if see us get things done. But they can- ing the right to object, I thank the you are in the majority. How do you not. We cannot get things done when Senator from Texas for his remarks. As explain that to your constituents back the majority leader essentially says: I stated previously, there are 58 Sen- You know what. It is my way or the ators who have supported moving for- home—that you were rendered com- pletely ineffective because of the way highway. Those of you who are elected ward to debate this bill. But it has not from red States, where you are elected passed the Senate because of a Repub- the Senate is being operated under the by Republicans, you cannot participate lican filibuster. I welcome Republican current majority leader. I want to turn in this process. So what is the use of ideas to address the exploding student to another topic briefly, and that is the matter of the President’s proposed being elected to the Senate? What is debt crisis. For months Senator STABE- strategy on the floor. the use of States such as Texas having NOW, others, and I have reached out to two Senators and not being able to par- our colleagues to put ideas forward so Ms. STABENOW. Out of respect to ticipate or shape the legislative proc- that we could have a real debate. But my colleague, I realize we are going ess? That is an unreasonable demand allowing an unlimited number of into the next hour that is controlled by by the majority leader. amendments on any topic forever is the Republicans. But I did want to take I know our colleagues on the Demo- not a reasonable way forward on a stu- 1 minute to wrap up, if that is accept- cratic side, many of them, are frus- dent loan debt refinancing bill. able to my colleague. We face a student debt crisis now. We The PRESIDING OFFICER. Without trated by that too. I will tell them that need to act on it now. If my colleague objection, it is so ordered. if this election in 49 days turns out the from Texas is not willing to provide a Ms. STABENOW. I just wanted to go way I hope it does, we will have a new reasonable path forward to debate, im- on record to say there are thousands of Senate where Republicans and Demo- prove, and vote on this bill, then I ob- excuses always on everything for rea- crats can come to the floor, offer ject to his request and ask that he sons not to do things. We are talking amendments, and get votes as long as agree to my original request that we about a very specific bill, a very spe- they want to get votes on amendments. take up and pass this piece of legisla- cific vote that would put money in the That used to be the way the Senate op- tion. pockets of 25 million Americans. We erated. That is not the way it operates The PRESIDING OFFICER. Objec- could do that right now. People can now. It is really a disservice to the tion is heard to modify the request. Is have lots of reasons. It reminds me a American people. I am saddened by the there objection to the original request? lot of hearing that my kids have hun- majority leader’s choice to create such Mr. CORNYN. Mr. President, I would dreds of excuses about why they cannot a situation in the Senate. say that the best way to get this piece do something, whether it is because of ISIL of legislation resolved on the Senate somebody else or this, that, and the We will be voting, along with the floor is what used to be called the old- other. continuing resolution—I am told the fashioned way. That is where both I think the American people just House will add an authorization that sides of the aisle get to offer amend- want us to get stuff done. We want to has been requested by the President to ments and vote on them. But this is get things done. The motion that Sen- train and arm some Syrian rebels, what has happened to the Senate. It ator WARREN put forward is about get- which we hope will be an effective force has become completely dysfunctional. ting things done. A vast majority—58 in defeating ISIS or ISIL, the Islamic Frankly, the American people are dis- Senators—has already said yes, they State in the Levant. This is a group gusted with all of us because they see want to move forward. Yes, they will that Al Qaeda kicked out because they us unable, even when Republicans and vote yes. We need to get this piece done were so barbaric that they wanted Democrats would like to debate legis- to help 25 million people and then move nothing to do with them. They are now lation and offer solutions, to be able to on and work with each other across the one of the best financed terrorist orga- do so. aisle to do other work. nizations in the world, now occupying

VerDate Sep 11 2014 02:22 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G16SE6.053 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE September 16, 2014 CONGRESSIONAL RECORD — SENATE S5615 vast swaths of Iraq and Syria, and vir- cumstances have changed to where he emergence of a failed state in Libya, tually erasing the border between would get that sort of bipartisan vote where in September 2012 four Ameri- those two countries. This is a threat to give him authority. There are pru- cans were killed by Al Qaeda-related not only to the region and to the peo- dential or practical reasons why he affiliates. We have seen the emergence ple of Iraq and Syria, but it is a threat should do so. First of all, there is the of yet another failed state in Yemen, to other countries in that region. Constitution which the President and we have seen the embarrassing de- If you believe the King of Saudi Ara- seems not to care most about. But as- cline of U.S. influence in countries bia, he said in a month they will export suming the President has the author- such as Egypt and other gulf nations. their terror to Europe, and they will ity, I think if he came to Congress, it Despite all that, the President says he then, a month later, export their terror would provide a broader basis of sup- had not made any mistakes and it is to the United States. The biggest port both in Congress and across the somebody else’s fault and not his. threat to the United States is there country. I would contrast that with the con- are—people who have gone from the Of course, you do not want to go to duct of President George W. Bush when United States and from the United war without the support of the Amer- he announced the troop surge in Iraq Kingdom to the region and trained as ican people. If you believe the public and the counterinsurgency strategy in fighters for ISIL. opinion polls, I think they are pretty 2007. He was admirably forthright The problem is that because of the persuasive that the American people do about the fact that his Iraq policy was Visa Waiver Program, many of them— support air strikes against ISIL, par- not working—and, indeed, it was not. if you are a passport holder from the ticularly in the wake of these barbaric President Bush said at the time, ‘‘We United States or the United Kingdom, beheadings of both British and Amer- need to change our strategy in Iraq.’’ you can come back to the United ican citizens. But as we know, the tide Boy, it would be a breath of fresh air States with just a passport and you do of war can turn very quickly. It is im- if President Obama would say, ‘‘We not even need a visa. So this is an op- portant that the President have broad- need to change our strategy’’ rather portunity for this terrorist organiza- er support here in Congress and broad than saying, ‘‘I have not made any mis- tion to infiltrate the United States and support from the American people in takes. There have been no threaten our national security and doing what we know we have to do re- misjudgments. We don’t need to recon- safety. gardless of how popular or unpopular it sider any of our activities abroad.’’ I But in particular in Syria, it is iron- may be. think people understand we do. ic—indeed, it is tragic to note—that But I do have questions about how When we look at America’s Middle after refusing for 31⁄2 years to provide the different rebel groups will be vet- East policy failures under President even moderate assistance to opposition ted and how the U.S. military aid will Obama, it is painfully clear that once groups in Syria, President Obama is advance our larger policy of destroying again we need to change our strategy, now asking Congress to give him the ISIL. While I still have those ques- but by refusing to acknowledge his necessary authorization. Now, this is tions, I will support the authority and mistakes, the President raises trou- not an authorization to take the fight the money to train and equip the mod- bling questions about the credibility of to degrade and destroy ISIL. The Presi- erate groups as part of our broader his new policies. dent said that is his military goal. strategy. Despite announcing that the military That is an important goal. I agree with I remain deeply concerned, though, aid to the more moderate rebels will that. I think he would find a lot of sup- about President Obama’s under- now be the centerpiece of U.S. policy in port on a bipartisan basis for that kind standing—or lack of understanding—of Syria, the President still publicly re- of authorization. What the President just what has gone so wrong with his jects the idea that arming those rebels has done is basically to ask for money policies in the Middle East. After all, a few years ago would have been a good for a very much more limited task; the first step in fixing a mistake is to idea. And, oh, by the way, arming the that is, to recruit and train so-called admit you have made one—not for the rebels a few years ago was the rec- moderate Syrian opposition to fight purpose of embarrassing the President ommendation of all of his most signifi- ISIL in Syria. but learning from those mistakes and cant national security advisers, but the But he has chosen to go it alone once then going on to correct them. President rejected it. again on this broader effort to degrade Last week he discussed his foreign If it is a good idea to arm the more and destroy ISIL. I know the President policy record with a number of outside moderate rebels today in hopes of is famous for saying what he will not analysts at two separate meetings. Ac- countering ISIL, then surely it would do. Of course, they always add: No cording to one story in the New York have been a good idea to arm those American boots on the ground. But this Times by Peter Baker, the President rebels before ISIL took over large por- morning the chief of the U.S. military, ‘‘admitted no errors along the way.’’ It tions of eastern Syria and 200,000 Syr- General Dempsey has said if the air is pretty breathtaking. I do not know ians lost their lives in that civil war. campaign is unsuccessful in degrading any human being, any mere mortal— Likewise, if we are now sending U.S. or destroying ISIL, then we should not certainly me—who has not made a mis- military forces back to Iraq to conduct take the prospect of some limited num- take. These are enormously complex bombing raids against ISIL terrorists ber of American boots on the ground judgments, and I understand that, and based there, then surely it was a mis- off the table. Military expert after we ought to cut the President some take to withdraw all U.S. forces from military expert has said: Air strikes slack in trying to execute this war and Iraq back in 2011 without leaving a alone will not turn the tide on ISIL in this fight to degrade and dismantle transitional force there to help be the Iraq and Syria. ISIS. But to say ‘‘I have not made any glue in that famously sectarian-driven But I am glad the President has at mistakes. My judgments have been per- part of the world. But the President least made this limited request. We fect’’ is not helpful. He said there are will admit no mistakes and no lessons ought to have a broader debate about no errors. He has made no errors. There learned in either Iraq or Syria. his authority to take the fight to ISIL is nothing that needs correcting, no Of course, the thing about acknowl- in Syria and Iraq. I note with interest change of conditions because of edging your mistakes, as I said earlier, that our colleague Senator KAINE of misjudgments. is that you can learn from them, and Virginia wrote what I thought was a But we know that despite the cre- President Obama’s recent foreign pol- compelling piece, arguing that the ation of a massive terrorist enclave icy failures are no different. The les- President should come to the Congress spanning Iraq and Syria, despite the sons we have learned can and should for that authority. That was published explosion of a huge refugee crisis in inform our strategy against ISIL. But in the New York Times today. I Syria, Jordan, Lebanon, and Turkey— first the President needs to accept, in- thought he made a very important millions of Syrians have been displaced ternalize, and then allow himself to be case. by the civil war there alone, along with guided by those lessons. If he does that, If the President is concerned that he about 200,000 Syrians who have lost America’s military campaign against will come to Congress and he will not their lives. As a result of the Presi- the Islamic State will have a much bet- get the authority, I think cir- dent’s policies, we have also seen the ter chance of succeeding.

VerDate Sep 11 2014 02:51 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G16SE6.055 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE S5616 CONGRESSIONAL RECORD — SENATE September 16, 2014 I would say again that we want the The ACTING PRESIDENT pro tem- vided by our States; namely, that the President’s plan to be successful. I pore. Is there objection? value of government services provided think it is virtually universal here in Without objection, it is so ordered. by the tribes to their members, just the Senate that we want our military, Mr. REID. For the information of all like the services provided by a State to in conjunction with our coalition part- Senators, we expect one rollcall vote its citizens, would be excluded for tax ners, to degrade and destroy ISIL be- on the Bass nomination and the other purposes. Federal and State govern- cause we believe it is a serious threat nominations listed in this agreement ments have enjoyed the privilege of not just to the region but to the United to be confirmed by voice vote. having such services as education, so- States and our allies and our interests. The ACTING PRESIDENT pro tem- cial welfare, health care programs, But if the President will not learn from pore. The Senator from Kansas. housing, as well as cultural programs the lessons of the past, if he will not Mr. MORAN. Mr. President, I ask to exempt from that taxation. Native work with Congress to come up with an speak as in morning business. Americans have not been as fortunate. effective strategy, and if he will not The ACTING PRESIDENT pro tem- The House is close to correcting this listen to his own military leaders and pore. Without objection, it is so or- problem, and it is my plea and hope experts, I am very concerned that dered. that the Senate will follow suit this strategy will end up being a failure, TRIBAL GENERAL WELFARE EXCLUSION ACT week. The IRS recently issued a notice and that need not be. Mr. MORAN. Mr. President, I thank that establishes the tribal gender wel- Mr. President, I see my colleague the Chair for the opportunity to speak fare exclusion. It is a matter of treas- from North Dakota on the floor. this afternoon. I am also pleased to see ury policy, and this is appreciated. It is I yield the floor. on the floor my colleague from North a step in the right direction, but we The PRESIDING OFFICER. The Sen- Dakota, Senator HEITKAMP. She and I want to make certain that this policy ator from North Dakota. have a legislative interest in a matter is extended and codified. Mr. HOEVEN. Mr. President, I ask now pending before the House of Rep- The general welfare issue should be unanimous consent for 10 minutes or as resentatives, and it is at least my de- put into law to protect against future much time as I might need to discuss sire to see the Senate utilize this op- policy changes, and among other provi- an important energy issue. portunity of a bill passing the House to sions this legislation establishes a trib- The PRESIDING OFFICER. Without also be considered by the Senate and al advisory committee within the De- objection, it is so ordered. Mr. HOEVEN. Mr. President, I appre- hopefully be approved. While it has partment of the Treasury to advise the ciate the comments of my esteemed been a challenge throughout this year Secretary on Indian tax policy and also colleague from Texas, and I want to and throughout this session to get leg- declares that any ambiguities of the share my agreement with the impor- islation to the floor and voted on, I act will be resolved in favor of tribal tant points he made so well. would not want us to pass up the governments. It directs the IRS field (The remarks of Mr. HOEVEN per- chance for this legislation to be ap- agents to be educated and trained in taining to the introduction of S. 2823 proved and sent to the President for matters of Federal Indian law and gov- are printed in today’s RECORD under signature. ernment trust responsibilities. ‘‘Statements on Introduced Bills and The legislation we are speaking This is a reasonable commonsense, Joint Resolutions.’’) about is the Tribal General Welfare Ex- constitutional piece of legislation. It Mr. HOEVEN. Mr. President, I yield clusion Act. The House of Representa- fosters fairness within our Tax Code the floor and I suggest the absence of a tives, as I said, is considering H.R. 3043 and promotes better understanding of quorum. this week. This is legislation I am ab- the Federal Government’s trust rela- The PRESIDING OFFICER. The solutely certain will enhance the eco- tionships. clerk will call the roll. nomic opportunities and the quality of Four years ago similar exclusion The legislative clerk proceeded to life for our Native Americans in this rules for Native Americans’ health ben- call the roll. country. efits were passed. We have before us Mr. REID. Mr. President, I ask unan- The Constitution states that a core now the opportunity to clarify the ex- imous consent that the order for the responsibility of the Federal Govern- clusion as it should be. This legislation quorum call be rescinded. ment is to promote the general welfare makes a lot of sense. It adheres to the The ACTING PRESIDENT pro tem- of the people. The Federal Government Constitution which recognizes tribes as pore. Without objection, it is so or- has a trust responsibility to protect sovereign nations with the authority dered. tribal interests. These two objectives to provide for their peoples. This has UNANIMOUS CONSENT AGREEMENT—EXECUTIVE come together in this legislation. It been affirmed many times by Congress CALENDAR certainly would be an understatement in the past. It is clearly part of our Mr. REID. Mr. President, I ask unan- to say that the Federal Government U.S. Constitution. imous consent that at 12 noon tomor- over the years has fulfilled its trust re- The economic benefits are obvious. row, Wednesday, September 17, the sponsibility. We know that to not be Our tribal territories, reservations, our Senate proceed to executive session to the case. Native Americans need not be worrying consider the following nominations: In an effort to fill that void, tribal about the onerous IRS audits and Calendar Nos. 956, 536, 548, 964, 965, 871, governments have taken actions to should not be paying taxes when no one 924, and 912; that there be 2 minutes of meet their tribal members’ needs with else is required to pay taxes on similar debate equally divided between the two initiatives such as cultural programs benefits. leaders or their designees prior to each and education and social services and This legislation is revenue neutral, vote; that upon the use or yielding health care. something that is very pleasing. The back of time the Senate proceed to Unfortunately, over a period of time, Joint Committee on Taxation has vote, without intervening action or de- those benefits have been treated as in- deemed any impact on the revenue of bate, on the nominations in the order come and those benefits have been sub- our Federal Government to be neg- listed; that any rollcall votes, fol- ject to the Internal Revenue Service ligible. lowing the first in the series, be 10 min- Code. As a person who cares a lot about the utes in length; that if any nomination We need to make certain we don’t fiscal condition of our country, we is confirmed, the motion to reconsider add to the burden that tribes too often ought to be reducing our deficit and be considered made and laid upon the have encountered from the Federal boosting our economy. This piece of table, with no intervening action or de- Government and that these benefits legislation does not increase the def- bate; that no further motions be in would not be subject to income taxes icit, and it does boost the economy, order to the nomination; that any and these benefits and the tribes will particularly of tribes across the Na- statements related to the nomination not be subject to IRS audits because of tion. Here in the Senate, Senator be printed in the RECORD; and that the them. HEITKAMP and I introduced S. 1507. It is President be immediately notified of The Tribal General Welfare Exclu- a companion bill to the one the House the Senate’s action and the Senate sion Act extends to Native Americans is considering. This piece of legislation then resume legislative session. the same tax privileges that are pro- has broad bipartisan support, and more

VerDate Sep 11 2014 02:51 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G16SE6.056 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE September 16, 2014 CONGRESSIONAL RECORD — SENATE S5617 than 20 Senators from Alaska to Geor- of Native American sovereignty. What I think Senator MORAN outlined that gia have joined us in this effort. has been happening, as it relates to issue so well because some people may I am grateful for the members of the 1099s and the potential of taxing serv- see that what we are doing here is Finance Committee and the Indian Af- ices provided by tribal governments, carving out an exception, creating an fairs Committee who lent their support basically begs the question: Do we real- extra benefit for tribal members that is to this legislation. I am not a member ly understand or do we really appre- not enjoyed by the entire citizenry of of either one of those committees, but ciate that these are sovereign govern- this country. there are four tribes in Kansas and I ments—the same way the States are Nothing could be further than the have an interest in their well-being as sovereign and the same way the coun- truth. In fact, we are leveling the play- well as that of all Native Americans. ties and cities would be sovereign? ing field. The Tribal General Welfare Native Americans are not seeking to I think in many ways it has very real Exclusion Act will bring parity in the play here by different rules. In fact, it economic consequences, but a great tax treatment of Indian governments. is quite the opposite. They simply want value in this legislation is in the sym- It will recognize the unique relation- to enjoy the same benefits accorded bolic consequences of having this body ship with tribal governments that they any other government in our country. recognize the importance of recog- have with their citizens and allow They emphasize to me the principle of nizing these treaty rights, recognizing them the opportunity to craft pro- tribal sovereignty and self-govern- the value of treaties and trust respon- grams which best fit their community ment. This legislation reinforces those sibilities. As a former attorney general need. principles. and as a lawyer, I view treaty rights I want to take a moment and suggest More than 40 tribes in 24 states, near- and trust responsibilities like a con- to all of you that if you spent time in ly a dozen Indian organizations and a tract between the United States and Indian Country and if you have looked number of regional tribal organizations our Native American tribes. As a U.S. at the benefits that tribal governments representing tens of thousands of Na- citizen, I view these treaties as sacred provide and you think about the re- tive Americans supported this legisla- obligations. sources of the IRS and where you tion. It is not just Native Americans. We have not done a good enough job might go to actually collect dollars In fact, the U.S. Chamber of Commerce living up to our commitments to tribal that would enhance revenue, the last has recognized this legislation as one nations. As a consequence tribal gov- place you should look in this country that will foster economic development ernments have been forced to supple- is in Indian Country. and supports its passage. ment services that the Federal Govern- I would like to address a few other As we are preparing to depart Wash- ment promised to provide. Yet for really important reasons why this bill ington, DC, and take time away from years the IRS has audited Indian tribes is so critical. The IRS recently issued the Nation’s Capital, it would be a ter- for providing health care, education or helpful guidance, and we are very ap- preciative of that work. With that rible mistake on our part and a missed housing assistance for those in need. Here are just some of the stories I being said, we also must make sure opportunity if we don’t take advantage have heard from Native Americans in that parity provided by that guidance of House action this week while the North Dakota and across the country. I is in statutory language. That way, we Senate is here in session this week to have heard about the IRS wanting the weighed in. There is certainty that no see that this legislation is approved. tribes to issue 1099s—basically saying one can do a look-back and no one can My hope is that this could be accom- you have something of taxable value— change it without that change coming plished by unanimous consent, and I to tribal elders who received blankets to this body and coming to the House know Senator HEITKAMP and others as honoraria for performing traditional of Representatives and being enacted and I have been talking to members of ceremonies. into law. the committees as well as the leader- I heard about the IRS questioning a In addition, the Tribal General Wel- ship of the Senate to see that we ac- tribal government’s provision pro- fare Exclusion Act includes two items complish this. viding backpacks and school supplies that are critical to the advancement of It is a wrong that can be righted. It to elementary school children as a tax- a better relationship between tribal is a wrong that should be righted able benefit to the families of the chil- governments and the Federal Govern- quickly and not at a later date. This dren. ment. certainly is one of those pieces of legis- I have heard about the IRS imposing First as a training requirement, we lation that is a win-win for all. a tax on the value of a handicap ramp— must make sure that IRS field agents If we see the House pass the Tribal a value of $2,000—erected by the tribal are well versed in Federal Indian law General Welfare Exclusion Act, I urge government to help a tribal elder ac- and unique treaty and trust relation- my colleagues to join with me, Senator cess her home. ships that the Federal Government has HEITKAMP, and Republican and Demo- The stories go on. The status quo with their tribes. crat Senators who are supportive of isn’t fair and it isn’t right. This prac- Second, as the training is taking this legislation, to see that this legisla- tice certainly does not fully respect place, our bill also suspends all audits tion arrives on the President’s desk in that tribes are governments. That is of examination of tribal governments the most expedient manner possible. why I joined with Senator MORAN to in- for one year to allow this education to I yield the floor. troduce the bipartisan Tribal General take place. The ACTING PRESIDENT pro tem- Welfare Exclusion Act last year. It isn’t rare for Congress to pass leg- pore. The Senator from North Dakota. The bill would fully recognize that islation that supports guidance issued Ms. HEITKAMP. Mr. President, I ask Indian tribes, as sovereign nations, are by the Federal agencies to give more to speak as if in morning business. responsible for making certain govern- weight to the issues and make sure The ACTING PRESIDENT pro tem- ment programs and services best fit the that there is no potential misinter- pore. Without objection, it is so or- needs of their citizens. Just as State pretation. dered. and local governments are determined That is what we are doing this week Ms. HEITKAMP. Mr. President, it is to decide what is in the best interest of with the help of a lot of our colleagues truly a great honor to stand with my their citizens, such as scholarships, who believe in this legislation as well. colleague from Kansas as we are on the elder or child care or housing assist- We want to supplement the IRS guid- cusp of actually passing legislation ance, we have to recognize that tribal ance to expand rather than restrict the that has consequences for a lot of our governments have the right to make safe harbor provisions. American citizens and especially our those decisions without tax con- When I joined the Senate, I promised Native American citizens. I will tell sequences. to be a partner—to honor and respect you as someone who represents Indian With this bill, we are supporting trib- the sovereign rights of Native Ameri- Country in my State, this is the num- al self-determination and taking a step cans just as I always have. This bill is ber one priority for our tribes. towards living up to our trust and trea- a step in the right direction. I fully an- It is interesting because a lot of peo- ty obligations. Indian tribes and their ticipate that as we move forward this ple would look at this and say: Why members should not be subject to week, we will, in fact, enact this legis- this issue? I think it goes to the heart heightened IRS scrutiny. lation. I fully anticipate that we will

VerDate Sep 11 2014 02:51 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G16SE6.061 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE S5618 CONGRESSIONAL RECORD — SENATE September 16, 2014 send the right message to tribal gov- design it to be immutable. One of its Michael Brown in Ferguson, MO are ernments that we see you the way you most notable features is article 5, not new, but they should serve as a are. which established the process for im- clear reminder that our work is not You are a sovereign government enti- provement in the form of constitu- done. I am heartened by the national tled to make the decisions that you tional amendments. This key provision dialogue that has been sparked by that need to make to the benefit of your rooted in both intellectual humility young man’s tragic death, and it is my citizens without undue and irrational and constitutional faith—ensured that sincere hope that we can harness that interference from the IRS. our Nation’s constitutional journey energy, directing it not toward greater I think the bipartisan nature of this would not conclude in Philadelphia in distrust and divide but toward meeting bill is a tribute to my friend from Kan- 1787. Instead, it would continue to un- the challenge to build ‘‘a more perfect sas who understands completely what fold in the decades and centuries that Union’’ left to us by our Founders. we are attempting to do. It is one of followed, tasking each generation of those rare moments that I have had Americans with improving the charter f since I have been in the Senate, where in order to build ‘‘a more perfect you see a good bill being debated—a Union.’’ 50TH ANNIVERSARY OF THE LAKE good bill being discussed—and then Since the ratification of the Bill of MEAD NATIONAL RECREATION having an opportunity to actually do Rights in 1791, our Constitution has AREA the right thing. I thank my friend from been amended 17 times. These changes Kansas for the opportunity to join with have helped to make the Constitution Mr. REID. Mr. President, I rise today him as a cosponsor of this legislation. the revered document it is today. As I to recognize the 50th anniversary of It is critically important that this have noted on previous Constitution the Lake Mead National Recreation message get sent and that we have an Days, Americans must celebrate not Area. opportunity in the future to continue just the original Constitution of Wash- In the early 1900s, the populations of to work with tribal governments to act ington, Madison, and the founding gen- Nevada, southern California, and Ari- in the best interests of tribal citizens eration, but the whole Constitution, in- zona were beginning to grow. New com- and provide the services that are essen- cluding its 27 amendments. This is all munities were in need of water for irri- tial for a growing population of Native the more important as we approach a gation, electrical power, and a way to American citizens but also of a popu- key set of anniversaries—the 150th an- control the seasonal flooding of the lation that lives in a great deal of pov- niversaries of the 13th, 14th, and 15th mighty Colorado River. On December erty. Amendments, which many scholars 21, 1928, President Calvin Coolidge I thank my friend from Kansas. I have rightly described as our nation’s signed the Boulder Canyon Project Act, look forward to seeing this bill signed ‘‘Second Founding.’’ which authorized funds for three dam into law—which I think will happen. I Ratified by President Lincoln and his projects along the Lower Colorado think that the stars are aligning. It generation after the Civil War, these River, the largest of which became the will be a great day and a very impor- Second Founding amendments trans- tant step in securing a better relation- formed our original charter—ending Hoover Dam, and this monumental ship of all governments with the Na- slavery, banning racial discrimination dam created our Nation’s largest res- tive American people. in voting, and elevating liberty and ervoir, Lake Mead. I yield the floor. I suggest the ab- equality to a central place in our con- On October 8, 1964, 18 years after the sence of a quorum. stitutional order. Perhaps most impor- completion of the Hoover Dam, the The ACTING PRESIDENT pro tem- tantly, these amendments gave Con- Lake Mead national recreation area pore. The clerk will call the roll. gress the authority it needed to protect was established, making it the first Na- The assistant legislative clerk pro- the civil rights of all Americans—au- tional Recreation Area in the country. ceeded to call the roll. thority that we have used to pass land- Since its founding, Lake Mead has be- Ms. HEITKAMP. Mr. President, I ask mark civil rights laws such as the Vot- come essential to Southern Nevada. unanimous consent that the order for ing Rights Act of 1965. The reservoir supplies local commu- the quorum call be rescinded. Before our Nation marked the origi- nities with drinking water, provides The ACTING PRESIDENT pro tem- nal Constitution’s bicentennial in 1987, low-cost electricity throughout the pore. Without objection, it is so or- Congress established a commission led Southwest, and is a beacon for outdoor dered. by Chief Justice Burger to organize a recreation, which attracts millions of f national celebration. Americans from dollars annually to local and regional MORNING BUSINESS across the political spectrum came to- economies. In 2013, the Lake Mead Na- Ms. HEITKAMP. Mr. President, I ask gether in a spirit of unity and pride to tional Recreation Area visitors con- unanimous consent that the Senate honor the founding generation’s pro- tributed $260 million to communities proceed to a period of morning busi- found achievements. With the 150th an- surrounding the lake, and this helped ness, with Senators permitted to speak niversary of the second founding, support approximately 3,000 jobs in the therein for up to 10 minutes each. President Lincoln and his generation area. The ACTING PRESIDENT pro tem- deserve the same. It is deeply saddening to me that the Today, Lake Mead is one of the most pore. Without objection, it is so or- popular destinations in America, with dered. anniversary of the 13th, 14th, and 15th Amendments coincides not with such a more than 6 million visitors every f celebration, however, but with what year. Lake Mead boasts more than 900 OBSERVING THE ANNIVERSARY OF can be called nothing short of an at- plant and 500 animal species, 24 of THE CONSTITUTIONAL CONVEN- tack on the principles of equality and which are threatened or endangered. TION liberty they protect. The Supreme Within the national recreation area, Mr. LEAHY. Mr. President, tomor- Court’s decision in Shelby County v. there are 9 wilderness areas that help row we will mark Constitution Day—a Holder and the wave of recent State support the rehabilitation of these im- day set aside to reflect on our Nation’s laws undermining the right to vote portant species and over 1,300 recorded charter and how it has shaped what it demonstrate a dangerous erosion of archeological sites that tell the story means to be American. On September these monumental Amendments that of the region’s rich cultural heritage. 17, 1787, George Washington, James provide us the tools we need to build a In addition to the area’s many hiking Madison, and their fellow Framers fairer, freer, and more equal society. trails, Lake Mead also has several boat made the momentous decision to sign Tomorrow, as we celebrate the sign- marinas and the Black Canyon Water the Constitution and send it along to ing of our Constitution 227 years ago, I Trail, which was recently dedicated as the American people for ratification hope we also reflect on the unfinished Nevada’s first National Water Trail by marking a new beginning in our Na- work ahead that is necessary to live up the Secretary of the Interior. tion’s profound experiment in democ- to the core principles enshrined in our I recognize Guy Edwards, Robert racy. Nation’s charter—including those of Rose, Ben Thompson, George Baggley, As important as the original charter the second founding. The racial ten- Charles Richey, Roger Allin, Glen continues to be, the Founders did not sions exposed by the police shooting of Bean, William Briggle, Gary Bunney,

VerDate Sep 11 2014 04:14 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G16SE6.063 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE September 16, 2014 CONGRESSIONAL RECORD — SENATE S5619 Alan O’Neill, and William Dickinson, Recreation Area, and I wish them the passed S. 2244 on July 17th. Since there the past and current superintendents of best in their future endeavors. has been no further action on this leg- the Lake Mead Nation Recreation f islation, I am reversing the adjust- Area. These superintendents have pro- ments I made in July. For the informa- vided strong leadership for the manage- BUDGETARY REVISIONS tion of my colleagues, I will refile ment of the reservoir since it was filled Mrs. MURRAY. Mr. President, I pre- these adjustments should the Senate in 1936 and improved the park and rec- viously revised the allocations, aggre- again consider legislation that fulfills reational opportunities for visitors gates, and levels pursuant to sections the conditions of the deficit-neutral re- over the decades. 114(d) and 116(c) of the Bipartisan serve fund. I commend the National Park Serv- Budget Act of 2013 for S. 2244, the Ter- I ask unanimous consent that the fol- ice on the 50th anniversary of the es- rorism Risk Insurance Program Reau- lowing tables detailing the revisions be tablishment of the Lake Mead National thorization Act of 2014. The Senate printed in the RECORD. BUDGETARY AGGREGATES—PURSUANT TO SECTION 116 OF THE BIPARTISAN BUDGET ACT OF 2013 AND SECTION 311 OF THE CONGRESSIONAL BUDGET ACT OF 1974

$s in millions 2015 2015–19 2015–24

Current Budgetary Aggregates: * Spending: Budget Authority ...... 3,015,208 n/a n/a Outlays ...... 3,035,761 n/a n/a Revenue ...... 2,533,388 13,884,103 31,206,135 Adjustments Made Pursuant to Sections 114(d) and 116(c) of the Bipartisan Budget Act: ** Spending: Budget Authority ...... ¥120 n/a n/a Outlays ...... ¥120 n/a n/a Revenue ...... 0 ¥1,770 ¥4,000 Revised Budgetary Aggregates: Spending: Budget Authority ...... 3,015,088 n/a n/a Outlays ...... 3,035,641 n/a n/a Revenue ...... 2,533,388 13,882,333 31,202,135 n/a = Not applicable. Appropriations for fiscal years 2016–2024 will be determined by future sessions of Congress and enforced through future Congressional budget resolutions. * The levels for ‘‘Current Budgetary Aggregates’’ include cap adjustments for the Committee on Appropriations and a prior reserve fund adjustment made for terrorism risk insurance. ** Reverse adjustments made pursuant to sections 114(d) and 116(c) of the Bipartisan Budget Act of 2013, which incorporate by reference section 319 of S. Con. Res. 8, as passed by the Senate. Section 319 establishes a deficit-neu- tral reserve fund for terrorism risk insurance.

REVISIONS TO THE BUDGET AUTHORITY AND OUTLAY ALLOCATIONS TO THE COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS PURSUANT TO SECTION 116 OF THE BIPARTISAN BUDGET ACT OF 2013 AND SECTION 302 OF THE CONGRESSIONAL BUDGET ACT OF 1974

Committee on Banking, Housing, and Urban Affairs $s in millions Current Allocation Adjustments * Revised Allocation

Fiscal Year 2015: Budget Authority ...... 24,657 ¥120 24,537 Outlays ...... 5,191 ¥120 5,071 Fiscal Years 2015–2019: Budget Authority ...... 116,185 ¥1,690 114,495 Outlays ...... ¥2,574 ¥1,690 ¥4,264 Fiscal Years 2015–2024: Budget ...... 210,393 ¥3,540 206,853 Outlays ...... ¥52,689 ¥3,540 ¥56,229 * Reverse adjustments made pursuant to sections 114(d) and 116(c) of the Bipartisan Budget Act of 2013, which incorporate by reference section 319 of S. Con. Res. 8, as passed by the Senate. Section 319 establishes a deficit-neu- tral reserve fund for terrorism risk insurance.

TRIBUTE TO JOHN JORGENSEN programs, and student scholarships. 25TH ANNIVERSARY OF THE Mr. BARRASSO. Mr. President, I The funds have provided a margin of WEXNER CENTER FOR THE ARTS would like to take a few minutes to excellence that ensures Casper College ∑ Mr. PORTMAN. Mr. President, today tell my colleagues about one of Wyo- continues to be one of the finest com- I wish to honor the professionals at the ming’s distinguished citizens. John munity colleges in the country. Wexner Center for the Arts—the Jorgensen has devoted his life to pro- Casper College is just one of many or- Wexner Center—for 25 years of com- moting education, literacy, and the ganizations benefitting from John’s mitted service to The Ohio State Uni- arts. This November he will be honored time and talents. He leads Wyoming versity and to the greater central Ohio with the Benefactor Award from the Reads, an organization created in his community. The mission of the Wexner Council for Resource Development. Ac- Center is to act ‘‘as a forum where es- cording to the CRD, the Benefactor late wife Sue’s memory that puts books into the hands of nearly every tablished and emerging artists can test Award ‘‘recognizes individuals . . . for ideas and where diverse audiences can outstanding contributions to commu- Wyoming first grader. He has served on participate in cultural experiences that nity colleges. The CRD Benefactor the Natrona County Public Library enhance understanding of the art of Award embodies the ideals of philan- Foundation and the Nicolaysen Art our time.’’ The exhibits, performances, thropy, leadership, and volunteerism in Museum board. John is a member of and educational programs at the the service of community, technical, the Casper Rotary Club. He has a pas- Wexner Center achieve this mission and junior colleges.’’ The Council only sion for the performing arts and has and effectively promote the impor- honors a handful of people each year, acted in a number of Casper College’s tance of art throughout our Columbus and I am delighted that John plays, including the ‘‘Grapes of Wrath’’ region. Jorgensen will receive this prestigious and ‘‘Death of a Salesman.’’ award. On July 5, 1985, the architectural de- John is no stranger to hard work. His John Jorgensen is an example of sign by Peter Eisenman and Richard ties to the community are numerous. what makes America great. He has Trott was selected from a competition In addition to serving as the president channeled his blessings and his heart- of six designs and paid homage to the of Casper’s Hilltop National Bank, breaks into organizations that help Ohio State Armory, which formerly oc- John is also the president of the Casper others. Casper and Wyoming are even cupied the space. The Wexner Center College Foundation. During 25 years in greater because of his contributions. opened its doors to the public on No- this important role, he has tripled the My wife Bobbi joins me in congratu- vember 5, 1989 and over the past quar- foundation’s assets. Under John’s lead- lating John on receiving this special ter century has served as an exhibition ership the foundation has provided award from the Council for Resource space for all types of art. more than $70 million to the college for Development. We are blessed to call Today, the Wexner Center features support of campus facilities, college him our friend. many exhibits and programs each year

VerDate Sep 11 2014 04:14 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G16SE6.026 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE S5620 CONGRESSIONAL RECORD — SENATE September 16, 2014 and is home to The Ohio State Univer- talion, 160th Special Operations Avia- Pacific, President Roosevelt recognized sity Fine Arts Library. The center wel- tion Regiment, Airborne, of Hunter that the status quo of Jim Crow seg- comes visiting artists to Ohio State Army Airfield, marking their 25th an- regation, which at that time prohibited and Columbus from around the world. niversary of service in support of this African Americans from serving in the More than 200,000 people visit the cen- Nation. U.S. Armed Forces, would not suffice. ter annually and more than 400,000 pa- Since 1989, the 160th SOAR has served In 1941, he signed the historic Execu- trons utilize the online resources. in every major conflict and contin- tive Order 8802, which required the The Wexner Center provides the cen- gency operation supporting the special military to accept recruits regardless tral Ohio community with educational operations community and providing of race, creed, color, or national origin. and cultural opportunities for all visi- world-class special operations aviation This action would later become a cru- tors. I congratulate all who were in- support. Supporting Operation Just cial component of the landmark Civil volved in making its first 25 years a Cause in Panama, Desert Shield and Rights Act of 1964 and help bring an ∑ success. Desert Storm in the Persian Gulf, and end to segregation in the United f multiple operations in support of crisis States. 225TH ANNIVERSARY OF THE management prepared them for their Approximately 20,000 African-Amer- most challenging mission of all, the UNITED STATES MARSHALS ican marines received basic training at global war on terrorism. SERVICE Montford Point, before the Marine Over the last 13 years, their battalion Corps became fully integrated in 1949. ∑ Mr. UDALL of Colorado. Mr. Presi- of MH–47 Chinooks and MH–60 Black Of those, about 13,000 would serve over- dent, I wish to mark the 225th anniver- Hawks have been continuously de- seas during World War II. These ma- sary of the United States Marshals ployed in support of Operations Endur- rines fought valiantly in the fiercest Service. As America’s oldest law en- ing Freedom, Iraqi Freedom and New forcement agency, the U.S. Marshals battles of the Pacific island hopping Dawn, and throughout the world on nu- campaign, as allied forces reversed the Service has played a unique role in our merous unnamed and often unknown history, serving our Nation in a variety tide of Imperial expansion. Mr. Long missions. notably served as a guard for Japanese of ways since 1789. In their 225 years of In 2013, the unit flew over 8,000 flying prisoners of war during the legendary service, U.S. Marshals have been re- hours in support of ongoing combat op- Battle of Iwo Jima, where ‘‘uncommon sponsible for protecting the Federal ju- erations and training missions to sup- dicial process, securing Federal facili- valor was a common virtue.’’ port the special operations community On November 11, 2011, legislation was ties, and ensuring the safety of court and our allies, including over 4,300 enacted granting the Congressional officials: U.S. Marshals are also tasked under night vision. Gold Medal to the Montford Point Ma- with a number of law enforcement ac- Through fiscal management and lean tivities that keep our Nation safe and logistics, the battalion has continued rines. This honor—the highest civilian our judicial proceedings secure on a to refine the processes enabling a lean- award in the United States—was be- daily basis. er sustainment package while still stowed on these courageous veterans Operating in over 94 Federal court maintaining effectiveness in every en- for their brave and honorable service to districts, U.S. Marshals serve with vironment in which the battalion’s air- our country, despite segregation and nearly 4,000 Deputy U.S. Marshals and craft operate. other prejudices that were common at criminal investigators to form the The 160th continues to be at the fore- the time. backbone of the agency. All of these in- front of Army aviation and foreign in- Due to his health, George Long was dividuals have provided a great service ternal defense aviation support to our unable to attend a ceremony at the to our Nation by carrying out the dan- allies. U.S. Capitol in June 2012 where the gerous and extraordinary missions In tribute to its outstanding service Congressional Gold Medal was pre- asked of them by Congress, the Presi- during wartime, its important role in sented to some 370 of the estimated 420 dent, and Governors. strengthening the security of this Na- remaining Montford Point veterans. I The first U.S. Marshal for the Colo- tion, and its support to the special op- am grateful that his daughter Felicia rado Territory was appointed by Presi- erations community, I am honored Hawkins and friend Steve Houston dent Lincoln and began his service on today to recognize the 160th Special worked with my office to ensure that March 25, 1861. Today, the men and Operations Aviation Regiment and its Mr. Long eventually received the women of the U.S. Marshals Service for contributions to the United States of medal. the District of Colorado maintain their America.∑ It was an honor to present the Con- core mission to serve and protect our gressional Gold Medal to George Long f Federal judiciary. In doing so, the Mar- on August 5 at the G.V. ‘‘Sonny’’ Mont- shals ensure the survival of one of our TRIBUTE TO GEORGE LONG AND gomery Veterans Medical Center in Nation’s most fundamental democratic THE MONTFORD POINT MARINES Jackson in recognition of his contribu- principles—the Rule of Law. Marshals ∑ Mr. COCHRAN. Mr. President, I wish tions to our country. Mr. Long and all continually work together with other today to honor George Long of Vicks- the Montford Point Marines will be re- Federal, State and local law enforce- burg, MS, a World War II veteran to membered as trailblazers who bravely ment agencies to create safer cities whom I had the pleasure of presenting helped protect our Nation from foreign and communities around the Nation. the Congressional Gold Medal during threats and helped improve our society On this anniversary, we must not for- the August recess. by bringing about change within our get to honor those Marshals who sac- Just months after the Japanese at- military.∑ rificed their lives in pursuit of justice, tack on Pearl Harbor, 16-year-old integrity, and service. Their legacy of f George Long bravely volunteered to bravery continues with U.S. Marshals serve in the U.S. Marine Corps. He was REMEMBERING COLONEL serving today. It is my privilege to one of the African-American recruits BERNARD FRANCIS FISHER mark this 225 year milestone with ∑ Mr. CRAPO. Mr. President, I wish to these outstanding and noble Ameri- who volunteered for service after Presi- honor the life of Medal of Honor recipi- cans. We are greatly indebted to all dent Roosevelt signed an Executive ent Col. Bernard Fisher, known as Ber- U.S. Marshals for their service to our order in 1942 lifting a prohibition nie. He passed away in August after a Nation.∑ against their enlistment. Mr. Long is part of a group of Amer- meaningful and inspiring life, and he f ican warriors known as the Montford leaves behind a legacy of heroic and ADDITIONAL STATEMENTS Point Marines—those African-Amer- steady service. ican recruits assigned to the seg- Colonel Fisher, of Kuna, ID, earned regated basic training facility at the Medal of Honor for putting his life 25TH ANNIVERSARY OF THE 160TH Montford Point, adjacent to Camp on the line to rescue a fellow pilot SOAR OF HUNTER ARMY AIRFIELD Lejune, NC. downed in enemy-controlled territory ∑ Mr. CHAMBLISS. Mr. President, Given the magnitude of the threat during the Vietnam war. According to today I wish to honor the 3rd Bat- our country faced in Europe and the an Air Force fact sheet, under enemy

VerDate Sep 11 2014 02:51 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G16SE6.067 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE September 16, 2014 CONGRESSIONAL RECORD — SENATE S5621 fire, he landed his airplane, pulled the me how to be strong, be brave, and be early age the importance of hard work pilot aboard, and escaped despite the there in somebody’s time of need,’’ said and embraced West Virginia’s cultural airplane he piloted being hit with mul- New Carlisle Fire Chief Josh Schweizer practice of neighbors helping neigh- tiple rounds. He is known as an out- of Assistant Chief Middlebrook. bors. As the son of an Italian coal standing, steady pilot. In 1967 Presi- A native of South Bend, IN, Jamie miner who shared a roof with 13 sib- dent Lyndon B. Johnson presented him Middlebrook lived in the nearby town lings, Jack was no stranger to staying with the award. His ‘‘conspicuous gal- of New Carlisle. As the son of a fire- busy with chores and helping out lantry and intrepidity at the risk of his fighter, Middlebrook learned the im- around the neighborhood until he was life above and beyond the call of duty’’ portance of serving his community at old enough to work at Coalton’s gen- was noted in his Medal of Honor cita- an early age, and he possessed a serv- eral store at the ripe age of 12. As he tion. ant heart. In addition to Middlebrook’s grew older and became intrigued by Bernard Fisher joined the U.S. Navy service with the New Carlisle Fire De- how to run a business, Jack watched and attended Boise State Junior Col- partment, he was the assistant chief of the local accountant balance the lege and the University of Utah before the New Carlisle EMS. Never shying store’s numbers. Soon enough, Jack receiving a commission in the U.S. Air from the responsibility of serving his was finishing the accounting work Force and serving as a fighter pilot. He community, Middlebrook continued to himself until he set out to attain a married his wife Realla in 1948, and work full time with the New Carlisle higher education at West Virginia Uni- they had six sons. He went on to have EMS even after being diagnosed with versity, where it just so happened that a distinguished military career before cancer. our paths crossed. retiring in Kuna, ID, as an Air Force ‘‘He’d been a paramedic so long that I will never forget that day. I was colonel. Three of his sons and one many elderly people in town knew him. hobbling down the hallway on crutches grandson carried on his legacy of serv- They would request him by name on after I blew out my knee on the foot- ice in the Air Force. medical calls,’’ said his mother, Carol ball field. Juggling books, bags and In addition to his being known for his Middlebrook. crutches on one leg, a fellow student eminent military career, he is known Assistant Fire Chief Middlebrook is approached me to offer assistance. His as a loving husband, father, grand- survived and deeply missed by his wife name was Jack. I will never forget his father, generous friend, and committed Julie, parents Robert and Carol Middle- selfless act of kindness and how natu- member of the Church of Jesus Christ brook, brother Brook Middlebrook, as rally it seemed for him to see a person of Latter-day Saints. After his retire- well as other relatives, friends, the in need and immediately want to help. ment from the military, he and Realla New Carlisle Volunteer Fire Depart- But, as I learned quickly and through- grew a number of crops, raised live- ment, the New Carlisle EMS family, out the years of a beautiful friendship, stock, looked after their family, and and Hoosiers across the State. that is just who Jack is—amiable, were active members of the commu- Assistant Fire Chief Jamie Middle- loyal, and gracious. nity. He served as a Boy Scout leader brook loved his work, and he gave his We hear about lifetime achievers, but and mentored airmen at Mountain life in service and protection of the Jack is a lifetime giver. At every turn Home Air Force Base. Bernie and citizens of Indiana. Although he would of the road, whether it be as a young Realla also served as missionaries for have never thought of himself as a boy, as an enthusiastic college student, the church. hero, Middlebrook demonstrated his a Vietnam veteran or as a professional, Colonel Fisher truly lived the ideal character daily by conducting himself Jack has devoted his time and his ef- of selfless service—risking his own life with courage, bravery, compassion, forts to helping others and helping his to save other lives. He inspired and en- honor, and integrity. Thus, he was a surrounding communities. Jack’s un- couraged others not only directly true American hero in his everyday life through his children, but also through wavering dedication to the Mountain as an EMS worker, a firefighter, a hus- the countless other servicemembers State, accompanied by his innovative band, a son, and friend to so many—and and Americans who have heard his vision, inspirational spirit, and savvy in his final call to duty. Let us always story and have had the thought of dedi- aptitude, have helped countless West remember and treasure the memory of cated service awakened in them. Ber- Virginians, their businesses and our this brave man and honor him for his nie embodied great leadership. He led communities statewide. selfless commitment to serving his fel- Because of his passion, discipline, by example. I join his family, including his sons and their families, which in- low citizens. May God welcome him and staunch work ethic, everyone who home and give comfort to his family meets Jack immediately recognizes his clude 33 grandchildren and many great- ∑ grandchildren, and his numerous and friends. aptitude for success and knows he will friends in mourning his passing. His f work day and night until the job is done. His loyalty, trustworthiness and legacy will endure.∑ TRIBUTE TO JACK ROSSI dedication know no bounds. f ∑ Mr. MANCHIN. Mr. President, I wish Jack has not only played the roles of TRIBUTE TO JAMIE MIDDLEBROOK to honor Jack Rossi, who is not only a accomplished certified public account- ∑ Mr. DONNELLY. Mr. President, truly remarkable West Virginian, but ant and savvy business and community today I wish to recognize and honor the he is also one of my dearest friends and developer, but he is a devoted volun- extraordinary service and ultimate sac- closest confidants. After tirelessly teer who has always spent his free time rifice of New Carlisle, IN, Assistant working his entire life, Jack has fi- joining organizations that impact our Fire Chief Jamie Middlebrook. Dedi- nally surrendered to a well-deserved re- local communities. He has served as cated, loyal, and above all compas- tirement having stepped down as pre- president of the Charleston Chapter of sionate to those in need, Assistant siding member of West Virginia’s larg- CPAs, the WV Society of CPAs and the Chief Middlebrook served with the New est accounting and consulting firm, WV Board of Accountancy. He has sup- Carlisle Volunteer Fire Department for Arnett Foster Toothman, and as chair- ported his profession through service 22 years. man of the Charleston Area Alliance, a on numerous committees on statewide On Tuesday, August 5, 2014, Assistant multi-faceted economic, business and and national levels. Chief Middlebrook and firefighters community development organization. Jack spends countless hours each from local fire departments battled a But these prominent titles just breach year in service to West Virginia State massive fire at an area business. While the tip of the iceberg since Jack’s story government. He currently serves on the advancing a water hose inside the facil- is based on a lifetime of accomplish- West Virginia Board of Treasury In- ity, the roof of the building collapsed ments and a lifetime of service that vestments and the West Virginia Rac- on top of Middlebrook. Despite the best ceaselessly has helped our great State ing Commission. efforts of his fellow firefighters, EMTs, of West Virginia thrive and prosper. And of course, never forgetting his and medical personnel, Jamie Middle- A native of the small town of Coalton Mountaineer roots, Jack currently also brook, 41, succumbed to his injuries. in Randolph County, WV, just a few serves on the Board of Directors of the ‘‘He took me in, he taught me the counties away from my hometown area West Virginia University Alumni Asso- right way to do things . . . He showed in Marion County, Jack learned at an ciation as Immediate Past Chairman.

VerDate Sep 11 2014 02:51 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G16SE6.027 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE S5622 CONGRESSIONAL RECORD — SENATE September 16, 2014 He previously served 5 years as Treas- first. This weakness eventually spreads True Synhorst, Daniel Vigoren, Cooper urer and was heavily involved in the to the arms, neck, and other areas, and Voorhees, and Blake Weaver. successful fundraising campaign to most patients are wheelchair depend- I commend the players and coaches build a new Alumni Center at WVU. ent by the age of 12. of the Canyon Lake all-star team for Due to Jack’s unwavering commit- Gabe can currently walk, breathe, their efforts. These athletes should be ment to his community and the organi- and feed himself like any other child. incredibly proud of all their remark- zations in which he dedicated his time Since his diagnosis, his family has been able achievements. On behalf of the and energy toward year after year, he relentlessly striving to raise awareness state of South Dakota, I am pleased to is also no stranger to receiving pres- and increase research funding for DMD. congratulate the Canyon Lake All- tigious awards. To name a few, he has They play an active role in the fight Stars on this impressive accomplish- been the recipient of the State Jour- against this devastating disease and ment.∑ nal’s Who’s Who award for making a are tireless in their efforts to find a f difference in the business climate, the cure. National Association of Athletic Devel- Recently, a cross-country bicycle YELLOW RIBBON FUND FAMILY opment Directors 2009 ‘‘Volunteer of ride to raise awareness of DMD was CAREGIVER PROGRAM the Year’’ award for volunteering and completed. Wes Bates, a student at In- ∑ Mr. WARNER. Mr. President, I wish fundraising for the WVU Mountaineer diana University; Michael Staley, chief to recognize a group of incredible indi- Athletic Club, the WVU Alumni ‘‘Most of staff for U.S. Rep. BACHUS; and their viduals who are part of the Yellow Rib- Loyal Mountaineer’’ award and the support team rode 3,300 miles from bon Fund Family Caregiver Program. ‘‘Life Time Achievement’’ award, the Astoria, OR, on June 28 to Mobile, AL, The Yellow Ribbon Fund Family Care- highest honor given out to a West Vir- on August 14. They worked to educate giver Program is an outstanding orga- ginia CPA by the West Virginia Soci- people across America about DMD, and nization that supports both wounded ety of CPAs. the funds they raised will be used to service members and veterans, and the Time and again, Jack has shown how raise awareness and advance current extraordinary people who care for greatly an individual can contribute to research. them. I would like to recognize the his community through passion, com- Through his struggle, Gabe has con- hard work, passion, and dedication of mitment and hard work. tinued to bring happiness and light to the following caregivers: Brian Vines, Although Jack and his wife, Joy, those around him. He is a wonderful Sharon Roberts, Autumn Bailey, Mar- temporarily left for a job opportunity and courageous boy. It is my honor to garet Jones, Stacey Kelley, Heather in North Carolina right after college, recognize Gabe Griffin and his family Miller, Dawna Barber, Helen Gooding, they quickly returned to the place they for their incredible efforts to defeat Kellene Cole, Alicia Lee, Joey Caswell, call home and there has never been a Duchenne muscular disorder. It is my Vicki Boswell, Elizabeth Martin, Rose doubt that Jack’s roots are truly hope that with their continued efforts, Haley and Jessica Allen. imbedded in the Mountain State. West Gabe may live to see the cure of DMD.∑ The Yellow Ribbon Fund was founded Virginia is his home and I am forever f in 2005, when several Washington-area grateful for his dedication to the state. business owners came together to help RECOGNIZING THE CANNON LAKE Jack’s career and accomplishments a mother struggling to take care of her ALL STARS are a testament to his hard work and son, a wounded Marine being treated in commitment to the State of West Vir- ∑ Mr. THUNE. Mr. President, today I a hospital far from home. ginia. It is a privilege to know a man wish to honor the Canyon Lake Little These individuals have sacrificed who has contributed so much of his life League all-star team for qualifying for much in order to care for their wound- to strengthening our West Virginia the 68th Little League World Series in ed loved ones, and their hard work communities. I am honored to call South Williamsport, PA. often goes unnoticed and under-appre- Jack my friend and I congratulate him The Canyon Lake Little League all- ciated. The Yellow Ribbon Fund Fam- on a long and happy retirement.∑ star team’s journey to the World Series ily Caregiver Program recognizes the f was drama filled. After a rough first challenges faced and sacrifices made by two innings in the qualifying game, caregivers, and offers support pro- TRIBUTE TO GABE GRIFFIN Canyon Lake scored six runs in the grams, family-oriented activities, and ∑ Mr. SESSIONS. Mr. President, I wish bottom of the third, capturing the lead retreats for caregivers and their fami- today to honor a courageous young Al- and continued their rally into the lies. abamian Gabe Griffin. Gabe is a 9-year- fourth inning, where they scored an- Our military men and women and old boy who lives with his family in other eight runs, defeating the Ne- their families serve and sacrifice for Shelby County, AL. braska Little League team, 15 to 4. our country. I would like to thank the Right now, Gabe lives like any other This final win in Indianapolis captured Yellow Ribbon Fund for the services child, but that is expected to change for the team the Midwest Regional they provide to our wounded veterans soon. Without a cure, Gabe’s doctors title with an impressive 6-to-0 record. as well as the invaluable support they expect him to be in a wheelchair by the Previously, the Canyon Lake team offer to caregivers.∑ time he is 12 years old and lose his life gave equally impressive performances f around the age of 20. Gabe suffers from at the South Dakota/North Dakota dis- a fatal genetic mutation called trict games, including a sixth inning MESSAGES FROM THE HOUSE Duchenne muscular dystrophy, DMD, comeback against Fargo to win 10 to 9 At 2:15 p.m., a message from the which is caused by an absence of in the final. Once in Pennsylvania, the House of Representatives, delivered by dystrophin, a protein that helps keep team rounded out their performance at Mr. Novotny, one of its reading clerks, the body’s muscles intact. The onset of the Little League World Series on a announced that the House has passed this fatal disorder occurs during early high note, as they captured South Da- the following bills, in which it requests childhood and causes generalized weak- kota’s first win at the world level. Can- the concurrence of the Senate: ness and muscle wasting that increases yon Lake defeated the Czech Republic 5 H.R. 83. An act to require the Secretary of over time. While medical advances to 3 in the consolation round, ending the Interior to assemble a team of technical, have led to some very promising clin- their run on a high note. policy, and financial experts to address the ical trials, to date there is no cure and Canyon Lake was led by manager energy needs of the insular areas of the no one has survived. DMD affects ap- Rich Hegre and assistant coaches Scott United States and the Freely Associated proximately 1 in every 3,500 boys, Spencer and Steve Richey. The ath- States through the development of energy which adds up to about 15,000 boys in letes of the 2014 Canyon Lake all-star action plans aimed at promoting access to little league team, in alphabetical affordable, reliable energy, including in- America. creasing use of indigenous clean-energy re- Symptoms usually appear in male order, are as follows: Colton Hartford, sources, and for other purposes. children before age 6, and progressive Matthew Hegre, Jake Kostenbauer, H.R. 2569. An act to amend the Wild and proximal muscle weakness associated Mason Litz, Logan Miller, Bridger Scenic Rivers Act to designate segments of with a loss of muscle mass is observed Nesbit, Dylan Richey, Adam Salter, the Missisquoi River and the Trout River in

VerDate Sep 11 2014 02:51 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G16SE6.064 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE September 16, 2014 CONGRESSIONAL RECORD — SENATE S5623 the State of Vermont, as components of the sissippi; to the Committee on Environment Whereas, H.R. 3930 further provides for suf- National Wild and Scenic Rivers System. and Public Works. ficient numbers of regular members of the H.R. 2866. An act to require the Secretary H.R. 3222. An act to authorize the Sec- Army to provide a base of trained personnel of the Treasury to mint coins in commemo- retary of the Interior to conduct a special re- from which the personnel of the reserve com- ration of the centennial of Boys Town, and source study of sites associated with the 1657 ponents could be recruited; maintains a for other purposes. signing of the Flushing Remonstrance in peacetime rotation force to support oper- H.R. 2996. An act to require the Secretary Queens, New York, and for other purposes; to ational tempo goals of a ratio of one to two of Commerce to establish the Network for the Committee on Energy and Natural Re- for regular members and a ratio of one to Manufacturing Innovation and for other pur- sources. five for members of the reserve components; poses. H.R. 3374. An act to provide for the use of and further maximizes and appropriately H.R. 3006. An act to authorize a land ex- savings promotion raffle products by finan- balances affordability, efficiency, effective- change involving the acquisition of private cial institutions to encourage savings, and ness, capability, and readiness; and land adjacent to the Cibola National Wildlife for other purposes; to the Committee on Whereas, H.R. 3930 further prohibits the Refuge in Arizona for inclusion in the refuge Banking, Housing, and Urban Affairs. use of any funds made available for the 2015 in exchange for certain Bureau of Land Man- H.R. 4119. An act to direct the Secretary of Fiscal Year for the Army to divest, retire, or agement lands in Riverside County, Cali- the Interior to conduct a special resource transfer any aircraft of Army assigned units fornia, and for other purposes. study of the West Hunter Street Baptist of the Army National Guard as of January H.R. 3044. An act to approve the transfer of Church in Atlanta, Georgia, and for other 15, 2014, or to reduce personnel below the au- Yellow Creek Port properties in Iuka, Mis- purposes; to the Committee on Energy and thorized and strength levels of three hundred sissippi. Natural Resources. fifty thousand members of the Army Na- H.R. 3222. An act to authorize the Sec- H.R. 4771. An act to amend the Controlled tional Guard as of September 30, 2014: Now, retary of the Interior to conduct a special re- Substances Act to more effectively regulate therefore, be it source study of site associated with the 1657 anabolic steroids; to the Committee on the Resolved, That the Legislature of Louisiana signing of the Flushing Remonstrance in Judiciary. does hereby memorialize the United States Queens, New York, and for other purposes. H.R. 5108. An act to establish the Law Congress to review and support H.R. 3930, H.R. 3374. An act to provide for the use of School Clinic Certification Program of the which would, if enacted, be known as the Na- savings promotion raffle products by finan- United States Patent and Trademark Office, tional Commission on the Structure of the cial institutions to encourage savings, and and for other purposes; to the Committee on Army Act of 2014, and be it further for other purposes. the Judiciary. Resolved, That a suitable copy of this Reso- H.R. 4119. An act to direct the Secretary of H.R. 5205. An act to authorize certain land lution be transmitted to the presiding offi- the Interior to conduct a special resource conveyances involving public lands in north- cers of the Senate and the House of Rep- study of the West Hunter Street Baptist ern Nevada to promote economic develop- resentatives of the Congress of the United Church in Atlanta, Georgia, and for other ment and conservation, and for other pur- States of America and to each member of the purposes. poses; to the Committee on Energy and Nat- Louisiana congressional delegation. H.R. 4771. An act to amend the Controlled ural Resources. Substances Act to more effectively regulate POM–325. A resolution adopted by the Leg- anabolic steroids. f islature of the State of California memori- H.R. 5108. An act to establish the Law ENROLLED BILL PRESENTED alizing the President and the Congress of the School Clinic Certification Program of the United States to enact the Earthquake In- United States Patent and Trademark Office, The Secretary of the Senate reported surance Affordability Act; to the Committee and for other purposes. that on today, September 16, 2014, she on Banking, Housing, and Urban Affairs. H.R. 5205. An act to authorize certain land had presented to the President of the SENATE JOINT RESOLUTION 28 conveyances involving public lands in north- United States the following enrolled Whereas, The magnitude 6.7 Northridge ern Nevada to promote economic develop- bill: ment and conservation, and for other pur- Earthquake in 1994 was the costliest natural poses. S. 276. An act to reinstate and extend the disaster in the history of the State of Cali- deadline for commencement of construction fornia to date, with more than $25 billion in ENROLLED BILLS SIGNED of a hydroelectric project involving the property damage, and $49 billion in economic At 2:24 p.m., a message from the American Falls Reservoir. losses to region and the state; and House of Representatives, delivered by Whereas, A major earthquake in the San f Mr. Novotny, one of its reading clerks, Francisco Bay area or in southern California announced that the Speaker had signed PETITIONS AND MEMORIALS could have an even greater impact than Hur- the following enrolled bills: The following petitions and memo- ricane Katrina had in Louisiana and Mis- sissippi; and S. 276. An act to reinstate and extend the rials were laid before the Senate and Whereas, Risk Management Solutions, deadline for commencement of construction were referred or ordered to lie on the Inc., estimated the potential cost of a repeat of a hydroelectric project involving the table as indicated: of the 1906 San Francisco earthquake at $260 American Falls Reservoir. billion, and a magnitude 7.0 earthquake rup- H.R. 4197. An act to amend title 5, United POM–324. A resolution adopted by the Leg- turing the southern and northern Hayward States Code, to extend the period of certain islature of the State of Louisiana memori- Fault between $210 and $235 billion; and authority with respect to judicial review of alizing the United States Congress to review and support H.R. 3930, the National Commis- Whereas, The seven southern California Merit Systems Protection Board decisions counties that would be most affected by an relating to whistleblowers, and for other pur- sion on the Structure of the Army Act of 2014; to the Committee on Armed Services. earthquake on the southern San Andreas poses. Fault are home to 621,000 businesses, 6.3 mil- HOUSE CONCURRENT RESOLUTION NO. 69 The enrolled bills were subsequently lion employees, and an annual payroll of signed by the President pro tempore Whereas, H.R. 3930 was introduced on Janu- $303.3 billion; and ary 27, 2014, and seeks to establish the Na- (Mr. LEAHY). Whereas, A magnitude 7.8 southern Cali- tional Commission on the Structure of the fornia earthquake modeled by the United f Army to undertake a comprehensive study of States Geological Survey and the Southern MEASURES REFERRED the structure of the Army; and California Earthquake Center at the Univer- Whereas, the focus of this study is to de- The following bills were read the first sity of Southern California in 2008 found that termine two factors, which include the prop- such an earthquake could cause more than and the second times by unanimous er force mixture of the active component and $213 billion in damage, and affect roughly 1 consent, and referred as indicated: reserve component, and how the structure out of every 15 workers in the United States, H.R. 2866. An act to require the Secretary should be modified to best fulfill mission re- and that the nationwide toll on unemploy- of the Treasury to mint coins in commemo- quirements in a manner that is consistent ment and lost productivity could be severe; ration of the centennial of Boys Town, and with available resources; and and for other purposes; to the Committee on Whereas, H.R. 3930 also directs the com- Whereas, Risks from flood and earthquake Banking, Housing, and Urban Affairs. mission to give careful consideration in eval- are generally not included in homeowners’ H.R. 3006. An act to authorize a land ex- uating a structure that meets current and insurance and must be purchased separately, change involving the acquisition of private anticipated requirements of combat com- but few homeowners purchase earthquake in- land adjacent to the Cibola National Wildlife mands, achieves a cost-efficient balance be- surance for many reasons, including its high Refuge in Arizona for inclusion in the refuge tween the regular and reserve components cost; and in exchange for certain Bureau of Land Man- with particular focus on fully burdened and Whereas, The National Flood Insurance agement lands in Riverside County, Cali- lifestyle costs of Army personnel, and en- Program makes federally backed flood insur- fornia, and for other purposes; to the Com- sures that the regular and reserve compo- ance available to homeowners, renters, and mittee on Energy and Natural Resources. nents possess the capacity needed to support business owners in exchange for state and H.R. 3044. An act to approve the transfer of homeland defense and disaster assistance community floodplain management regula- Yellow Creek Port properties in Iuka, Mis- missions in the United States; and tions that reduce future flood damages; and

VerDate Sep 11 2014 04:14 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A16SE6.006 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE S5624 CONGRESSIONAL RECORD — SENATE September 16, 2014 Whereas, Unlike flood insurance, there is Whereas, congress enacted these reduction Senate and the House of Representatives of no requirement at the federal or state level provisions to provide a disincentive for pub- the Congress of the United States of America to obtain earthquake insurance for purposes lic employees to receive two pensions; and and to each member of the Louisiana con- of securing financing for real property lo- Whereas, the GPO negatively affects a gressional delegation. cated in high risk areas, leaving the mort- spouse or survivor receiving a federal, state, gage industry, including Fannie Mae and or local government retirement or pension POM–327. A resolution adopted by the Leg- Freddie Mac, effectively the insurer of last benefit who would also be entitled to a So- islature of the State of Louisiana memori- resort; and cial Security benefit earned by a spouse; and alizing the United States Congress to take Whereas, Under current federal law, earth- Whereas, the GPO formula reduces the such actions as are necessary to raise aware- quake insurance premiums that are collected spousal or survivor Social Security benefit ness of human trafficking and sex trafficking and not used for claims arising within the by two-thirds of the amount of the federal, to abolish this modern-day slavery and con- year of collection are taxed and there is no state, or local government retirement or tinue to aid Nigeria in the plight of finding ability to reserve profits or accumulate cap- pension benefit received by the spouse or the remaining two hundred seventy-six miss- ital for Future losses, leading to the need for survivor, in many cases completely elimi- ing girls; to the Committee on Foreign Rela- higher premiums; and nating the Social Security benefit even tions. Whereas, California Senators Dianne Fein- though their spouses paid Social Security HOUSE CONCURRENT RESOLUTION NO. 138 stein and Barbara Boxer have introduced the taxes for many years; and Whereas, on April 14, 2014, three hundred Earthquake Insurance Affordability Act Whereas, the GPO has a harsh effect on twenty-nine girls were kidnapped from their (EIAA) that would authorize a federal guar- hundreds of thousands of citizens and under- school in Chibok, Nigeria, by dozens of gun- antee of limited postearthquake borrowing mines the original purpose of the Social Se- men who stormed the girls’ dormitories by actuarially sound state residential earth- curity dependent/survivor benefit; and while they were sleeping; and quake insurance programs; and Whereas, according to the Social Security Whereas, in a region where only four per- Whereas, The EIAA would lower the cost of Administration, in 2013, at least 614,644 indi- cent of girls complete secondary schooling, earthquake insurance for homeowners who viduals nationally were affected by the GPO; the kidnapped girls were the best and the buy coverage from nonprofit, state earth- and brightest; looking forward to bright futures quake insurance programs and direct funding Whereas, the WEP applies to those persons as global leaders, teachers, or lawyers; and to effective seismic-mitigation measures; who have earned federal, state, or local gov- Whereas, the girls were abducted by a rad- and ernment retirement or pension benefits, in ical Islamic group called Boko Haram, which Whereas, The EIAA would allow the Cali- addition to working in employment covered in English, means ‘‘Western education is sin- fornia Earthquake Authority to sell under Social Security and paying into the ful’’; and postevent bonds in the private capital mar- Social Security system; and Whereas, on January 31, 2012, in testimony ket, reducing the need to purchase reinsur- Whereas, the WEP reduces the earned So- before United States Congress, the director ance preevent and resulting in rate reduc- cial Security benefit using an averaged in- of national intelligence, James Clapper, in- tions and lower deductibles; and dexed monthly earnings formula and may re- cluded Boko Haram in his worldwide threat Whereas, With more Californians insured, duce Social Security benefits for affected assessment, stating, ‘‘There are also fears postevent disaster assistance would cost less persons by as much as one-half of the retire- that Boko Haram, elements of which have to both the state and the federal govern- ment benefit earned as a public servant in engaged al-Qa’ida in the Islamic Maghreb, is ment, and communities could recover more employment not covered under Social Secu- interested in hitting Western targets, such quickly; and rity; and as the United States Embassy and hotels fre- Whereas, A Congressional Budget Office Whereas, the WEP causes hardworking in- quented by Westerners’’; and analysis of a similar bill introduced in 2007 dividuals to lose a significant portion of the Whereas, the United States has offered a estimated that the cost to the federal gov- Social Security benefits that they earn seven million dollar bounty for the group’s ernment for loan guarantees and post dis- themselves; and elusive leader, Abubakar Shekau; and aster loans would be negligible: Now, there- Whereas, according to the Social Security Whereas, the Department of State des- fore, be it Administration, in 2013, at least 1,549,544 in- ignated Boko Haram as a Foreign Terrorist Resolved by the Senate and the Assembly of dividuals nationally were affected by the Organization in November 2013, recognizing the State of California jointly, That the Legis- WEP; and the threat posed by the group’s large-scale lature memorializes the President and the Whereas, in certain circumstances both the and indiscriminate attacks against civilians, Congress of the United States to enact the WEP and GPO can be applied to a qualifying including women and children; and Earthquake Insurance Affordability Act; and survivor’s benefit, each independently reduc- Whereas, fifty-three girls were able to es- be it further ing the available benefit and in combination cape and have described their experiences as Resolved, That the Secretary of the Senate eliminating a large portion of the total So- extremely distressing; and transmit copies of this resolution to the cial Security benefit available to the sur- Whereas, concern is growing about the President and Vice President of the United vivor; and safety of those who are still missing; and States, to the Speaker of the House of Rep- Whereas, because of the calculation char- Whereas, Nigerian President Goodluck resentatives, to the Majority Leader of the acteristics of the GPO and the WEP, they Jonathan has accepted offers from the Senate, to each Senator and Representative have a disproportionately negative effect on United States of military personnel, law en- from California in the Congress of the United employees working in lower-wage govern- forcement officials, and other experts; and States, and to the author for appropriate dis- ment jobs, like policemen, firefighters, Whereas, Boko Haram’s militant leader, tribution. teachers, and state employees; and Whereas, Louisiana is making every effort Abubakar Shekau, released a video in which he expresses his abhorrence of Western edu- POM–326. A resolution adopted by the Leg- to improve the quality of life of its citizens cation, saying that the girls should be mar- islature of the State of Louisiana memori- and to encourage them to live here lifelong, ried instead of being educated and further alizing the Congress of the United States to yet the current GPO and WEP provisions claims that he will sell the women as he has review the Government Pension Offset and compromise their quality of life; and been commanded by Allah; and the Windfall Elimination Provision Social Whereas, the number of people affected by Whereas, Abubakar Shekau referred to the Security benefit reductions and to consider GPO and WEP is growing every day as more girls as slaves and stated that he plans to eliminating or reducing them; to the Com- and more people reach retirement age; and kidnap more girls; and mittee on Finance. Whereas, individuals drastically affected by the GPO or WEP may have no choice but Whereas, United Nations and the United HOUSE CONCURRENT RESOLUTION NO. 33 to return to work after retirement in order States have both stressed an absolute prohi- Whereas, the Congress of the United States to make ends meet, but the earnings accu- bition against slavery and sexual slavery in of America has enacted both the Government mulated during this return to work can fur- international law, making these actions Pension Offset (GPO), reducing the spousal ther reduce the Social Security benefits the crimes against humanity; and and survivor Social Security benefit, and the individual is entitled to; and Whereas, the White House press secretary Windfall Elimination Provision (WEP), re- Whereas, the GPO and WEP are established has said that appropriate action must be ducing the earned Social Security benefit for in federal law, and repeal of the GPO and the taken to locate and to free these young any person who also receives a public pen- WEP can only be enacted by congress: Now, women before they are trafficked or killed; sion benefit; and therefore, be it and Whereas, the intent of congress in enacting Resolved, That the Legislature of Louisiana Whereas, Louisiana has taken a most ag- the GPO and the WEP provisions was to ad- does hereby memorialize the Congress of the gressive stand to abolish and condemn slav- dress concerns that a public employee who United States of America to review the Gov- ery among women in Louisiana and world- had worked primarily in federal, state, or ernment Pension Offset and the Windfall wide: Now, therefore, be it local government employment might receive Elimination Provision Social Security ben- Resolved, That the Legislature of Louisiana a public pension in addition to the same So- efit reductions and to consider eliminating does hereby memorialize the United States cial Security benefit as a worker who has or reducing them; and be it further Congress to take such actions as are nec- worked only in employment covered by So- Resolved, That a copy of this Resolution be essary to raise awareness of human traf- cial Security throughout his career; and transmitted to the presiding officers of the ficking and sex trafficking to abolish this

VerDate Sep 11 2014 02:51 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A16SE6.009 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE September 16, 2014 CONGRESSIONAL RECORD — SENATE S5625 modern-day slavery and continue to aid Ni- Whereas, as our population ages and our Senate and the House of Representatives of geria in the plight of finding the remaining veterans return home from overseas, there is the Congress of the United States of America two hundred seventy-six missing girls; and a growing population who are unable to rise and to each member of the Louisiana con- be it further from the seated position without physical gressional delegation. Resolved, That a copy of this Resolution be hands-on assistance from others, including transmitted to the presiding officers of the strangers; and POM–331. A concurrent resolution adopted Senate and House of Representatives of the Whereas, the need to require assistance by the Legislature of the State of Louisiana Congress of the United States of America from others to complete the task of rising memorializing the United States Congress to and to each member of the Louisiana con- from a seated position robs persons of their take such actions as are necessary to pass gressional delegation. independence and dignity; and the Helping Families in Mental Health Crisis Whereas, if seating accommodations were Act of 2013; to the Committee on Health, POM–328. A resolution adopted by the to be equipped with raised arms or parts Education, Labor, and Pensions. House of Representatives of the State of from which a person could push when rising HOUSE CONCURRENT RESOLUTION NO. 153 Delaware memorializing a commitment to then this would eliminate the need for per- Whereas, according to the Centers for Dis- the strong and deepening relationship be- sons to obtain assistance from others: Now, ease Control and Prevention, mental illness tween Taiwan and Delaware; to the Com- therefore, be it is defined as ‘‘health conditions that are mittee on Foreign Relations. Resolved, That the Legislature of Louisiana characterized by alterations in thinking, does hereby memorialize the United States HOUSE RESOLUTION NO. 37 mood, or behavior (or some combination Congress to amend the Americans with Dis- Whereas, Taiwan and the United States are thereof) associated with distress and/or im- abilities Act of 1990 (42 U.S.C. 12181) or to long-standing friends with a shared histor- paired function’’; and take such actions as are necessary to require ical relationship and dearly cherished values Whereas, approximately sixty-one million that places of public accommodation and of freedom, democracy, and human rights; five hundred thousand Americans experience commercial facilities be equipped with seat- and mental illness in a given year; and ing for persons who are unable to rise from Whereas, 2014 marks the 14th anniversary Whereas, approximately thirteen million a seated position without assistance, and be of the sister-state relationship between Dela- six hundred thousand Americans live with a it further ware and Taiwan; and serious mental illness such as schizophrenia, Resolved, That a copy of this Resolution be Whereas, for the past 13 years, the sister- major depression, or bipolar disorder; and transmitted to the presiding officers of the state relationship with Taiwan has been Whereas, more than eleven million Ameri- Senate and the House of Representatives of strengthened through the efforts of the Tai- cans have severe schizophrenia, bipolar dis- the Congress of the United States of America pei Economic and Cultural Representative order, and major depression; and and to each member of the Louisiana con- Office (TECRO) resulting in better mutual Whereas, one-half of all chronic mental ill- gressional delegation. understanding; and ness begins by the age of fourteen; and Whereas, Taiwan is the world’s eighteenth- Whereas, fewer than one-third of adults POM–330. A resolution adopted by the Leg- largest economy and one of the key trading and one-half of children with a diagnosed islature of the State of Louisiana memori- partners of the United States, with the two- mental disorder receive mental health serv- alizing the United States Congress to take way trade volume between the United States ices in a given year; and such actions as are necessary to pass the Di- and Taiwan reaching sixty-three billion in Whereas, individuals living with mental abetic Testing Supply Access Act; to the 2013; and health challenges and their families soon Committee on Health, Education, Labor, and Whereas, Taiwan is now a member of the discover that the illness affects many as- Pensions. U.S. Visa Waiver Program (effective Novem- pects of their lives and that they need more ber 1, 2012), reflecting the friendship, trust, HOUSE CONCURRENT RESOLUTION NO. 122 than medical help; and and cooperation shared between our two Whereas, the Diabetic Testing Supply Ac- Whereas, many loved ones are left feeling countries and making travel between Taiwan cess Act would allow Medicare to reimburse hopeless in receiving effective and appro- and the United States for business and tour- retail community pharmacies for delivery of priate treatment for their family members ism even more convenient; and diabetic testing supplies to Medicare recipi- who suffer from mental illness; and Whereas, negotiations for a Bilateral In- ents’ homes; and Whereas, there is a need to better allocate vestment Agreement (B1A) between Taiwan Whereas, seniors would be safe from enter- current resources to focus on the most effec- and the United States are ongoing and are an ing hazardous circumstances, risking debili- tive services and most severe mental ill- important step towards strengthening bilat- tating falls, or other comparable inconven- nesses; and eral trade and paving the way for entering iences to obtain diabetic testing supplies be- Whereas, it is prudent to promote stronger into a Free Trade Agreement (FTA); and cause of lack of supply delivery; and interagency coordination, increase data col- Whereas, encouraging trade between the Whereas, the cost of delivery of diabetic lection on treatment outcomes, and raise ef- people of Delaware and the people of Taiwan testing supplies may be equivalent regard- forts to drive evidence-based care; and helps to forge a closer relationship and is less of whether they are delivered same-day Whereas, Congressman Tim Murphy of beneficial to both Delaware and Taiwan: by local pharmacies or through the mail; and Pennsylvania has introduced the Helping Now, therefore, be it Whereas, the integrity of health care ac- Families in Mental Health Crisis Act of 2013 Resolved, by the House of Representatives cess to seniors in need of diabetic testing as H.R. 3717; and of the 147th General Assembly of the State of supply access would be increased; and Whereas, the bill will create within the De- Delaware that we hereby reaffirm our com- Whereas, in July 2013, the Diabetic Testing partment of Health and Human Services a mitment to the strong and deepening rela- Supply Access Act of 2013 was introduced as new assistant secretary for mental health tionship between Taiwan and Delaware; and H.R. 2845 by United States Representative and substance-abuse disorders who would be it further, Peter Welch of Vermont; and lead federal mental illness efforts, be respon- Resolved, That a copy of this resolution be Whereas, in January 2014, Senator John sible for promoting the medically oriented sent to the President of the United States, Thune of South Dakota introduced the Dia- models of care adopted by the National Insti- the President of the ; betic Testing Supply Access Act of 2014 as S. tute of Mental Health, and oversee the grant and the Speaker of the United States House 1935; and process while holding community centers ac- of Representatives. Whereas, the percentage of people diag- countable by ensuring they are meeting evi- nosed with diabetes from 1980–2011 for those dence-based standards; and POM–329. A resolution adopted by the Leg- aged sixty-five to seventy-four years in- Whereas, H.R. 3717 would push states to ef- islature of the State of Louisiana memori- creased one hundred forty percent, and one ficiently allocate funds towards modernizing alizing the United States Congress to amend hundred twenty-five percent for those age mental illness state laws and raise support the Americans with Disabilities Act of 1990 seventy-five years and older, and the overall for community mental health centers and or to take such actions as are necessary to prevalence of diagnosed diabetes has risen hospital psychiatric care; and require that places of public accommodation sharply among all groups for which data is Whereas, to address issues regarding the and commercial facilities be equipped with available; and shortage of psychiatric professionals, the seating for persons who are unable to rise Whereas, community pharmacies play a Helping Families in Mental Health Crisis from a seated position without assistance; to pivotal role in affordable and accessible Act of 2013 would advance medical tools like the Committee on Health, Education, Labor, health care within rural and other under- telepsychiatry which links primary physi- and Pensions. served communities by providing delivery cians in underserved areas to psychiatric HOUSE CONCURRENT RESOLUTION NO. 95 services: Now, therefore, be it professionals in order to decrease the aver- Whereas, Title III of the Americans with Resolved, That the Legislature of Louisiana age span of time between an initial episode Disabilities Act of 1990 (42 U.S.C. 12181) re- does hereby memorialize the United States of psychosis for a patient and his prelimi- quires places of public accommodation and Congress to take such actions as are nec- nary evaluation and treatment procedures; commercial facilities to be designed, con- essary to pass the Diabetic Testing Supply and structed, and altered in compliance with the Access Act; and be it further Whereas, H.R. 3717 would give physicians accessibility standards established by federal Resolved, That a copy of this Resolution be legal safe harbor to volunteer at under- regulation; and transmitted to the presiding officers of the staffed mental health centers; and

VerDate Sep 11 2014 05:25 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A16SE6.011 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE S5626 CONGRESSIONAL RECORD — SENATE September 16, 2014 Whereas, the Helping Families in Mental ative to their ratification of the Twenty- a necessary and vital function of our govern- Health Crisis Act of 2013 will adjust the fed- Sixth Amendment to the United States Con- ment at all levels. All U.S. citizens rely on eral privacy law known as the Health Insur- stitution; to the Committee on the Judici- federal and state law enforcement and cor- ance Portability and Accountability Act, by ary. rections officers to keep us safe in our home allowing mental health professionals and SENATE JOINT RESOLUTION NO. 1 states and all states throughout the nation. families to share information about loved Creating a uniform penalty for the crime of Whereas, on March 10, 1971, the Senate ones to promote more appropriate and effec- taking the life of a law enforcement or cor- voted 94–0 in favor of proposing a Constitu- tive treatment procedure: Now, therefore, be rections officer while on duty will under- tional amendment to guarantee that the vot- it score the importance of all peace officers na- ing age could not be higher than eighteen; Resolved, That the Legislature of Louisiana tionwide: Now, therefore, be it does hereby memorialize the United States and Resolved by the Senate, That we memori- Congress to take such actions as are nec- Whereas, on March 23, 1971, the House of alize the Congress of the United States to essary to pass the Helping Families in Men- Representatives voted 401–19 in favor of the make any murder of a police officer or cor- tal Health Crisis Act of 2013, and be it fur- proposed Constitutional amendment; and rections officer while in the line of duty a ther Whereas, forty-two of the fifty states have federal offense; and be it further Resolved, That a copy of this Resolution be ratified the 26th amendment to the United Resolved, That copies of this resolution be transmitted to the presiding officers of the States Constitution; and transmitted to the President of the United Senate and the House of Representatives of Whereas, both Houses of the Ninety-Second States Senate, the Speaker of the United the Congress of the United States of America Congress of the United States of America by States Senate, the Speaker of the United and to each member of the Louisiana con- a constitutional majority of two-thirds of States House of Representatives, and the gressional delegation. each House thereof, made the following pro- members of the Michigan congressional dele- posal to amend the Constitution of the gation. POM–332. A resolution adopted by the United States of America as follows: House of Representatives of the State of New Proposing an amendment to the Constitu- POM–335. A resolution adopted by the Gen- Hampshire expressing support for the right tion of the United States extending the right eral Assembly of the State of Maryland rel- of residents of the District of Columbia to be to vote to citizens eighteen years of age or ative to their ratification of the Seventeenth fully represented in the Congress of the older. Amendment to the United States Constitu- United States of America; to the Committee Resolved by the Senate and House of Rep- tion; to the Committee on the Judiciary. on Homeland Security and Governmental Af- resentatives of the United States of America in HOUSE JOINT RESOLUTION 3 fairs. Congress assembled (two-thirds of each House Whereas, The 17th Amendment to the HOUSE RESOLUTION 21 concurring therein), That the following article United States Constitution provides for the Whereas, over 600,000 citizens of the Dis- is proposed as an amendment to the Con- direct election of Senators of a state to the trict of Columbia pay taxes to the federal stitution of the United States, which shall be United States Congress rather than for their government but are denied voting represen- valid to all intents and purposes as part of election or appointment by a state legisla- tation in the Congress of the United States; the Constitution when ratified by the legis- ture; and and latures of three-fourths of the several States Whereas, The 17th Amendment passed the Whereas, over 194,000 citizens of the Dis- within seven years from the date of its sub- United States Senate on June 12, 1911, and trict of Columbia have fought in our armed mission by the Congress: then passed the United States House of Rep- forces in service to our nation; and ‘‘ARTICLE .... resentatives on May 13, 1912; and Whereas, the federal government has sent Section 1. The right of citizens of the Whereas, The 17th Amendment thereafter its armed forces, among them District of Co- United States, who are eighteen years of age was ratified to become part of the United lumbia citizens, to fight on foreign soil in or older, to vote shall not be denied or States Constitution when on April 8, 1913, support and defense of democratic ideals abridged by the United States or by any Connecticut became the 36th state to ratify while denying the residents of our own na- State on account of age. its adoption, thereby satisfying the require- tional capital the right of legislative rep- Section 2. The Congress shall have power ment of the United States Constitution that resentation; and any proposed constitutional amendment be Whereas, those efforts to spread liberty to enforce this article by appropriate legisla- tion.’’ Now, therefore, be it approved by at least three-fourths of the and democracy to the far corners of the states; and globe are undermined and diminished by the Resolved, by the Senate of the Eighty- Ninth Legislature of the State of South Da- Whereas, Following its formal ratification, denial of democratic rights to over 600,000 the 17th Amendment subsequently also was citizens of the United States of America; and kota, the House of Representatives concur- ring therein, that the 26th Amendment of the ratified by Louisiana on June 11, 1913, and Whereas, 9 service members from the Dis- Delaware on June 25, 2010; and trict of Columbia have lost their lives in the United States is hereby ratified by the Legis- lature of the State of South Dakota; and be Whereas, By its vote on February 26, 1913, conflicts in Iraq and Afghanistan; and Utah was the only state to reject the 17th Whereas, the United States is the only na- it further, Amendment (although the Florida legisla- tion in the world with a representative, Resolved, That certified copies of this Joint ture, which also took up the amendment, democratic constitution that denies voting Resolution be forwarded by a I the Secretary failed to complete action as the amendment representation in the national legislature to of State, to the Secretary of State of the United States, to the presiding officers of never reached the Florida Senate); and the citizens of the capital; and Whereas, The General Assembly of Mary- Whereas, the District of Columbia is the both Houses of the Congress of the United land has not taken action to either ratify or only political and geographical entity within States, and to the Archivist of the United reject the 17th Amendment to be part of the the United States whose citizens bear the States. United States Constitution, the State of full responsibilities of citizenship without Maryland now wishes formally to record its sharing in the appropriate privileges of citi- POM–334. A resolution adopted by the Sen- support for and also ratify the amendment, zenship; and ate of the State of Michigan memorializing viz: Whereas, the New Hampshire house of rep- the United States Congress to make any resentatives is a shining example of rep- murder of a police officer or corrections offi- ‘‘ARTICLE resentational democracy: Now, therefore, be cer while in the line of duty a federal offense; The Senate of the United States shall be it to the Committee on the Judiciary. composed of two Senators from each State, Resolved, by the House of Representatives, elected by the people thereof, for six years; SENATE RESOLUTION NO. 123 That the New Hampshire house of represent- and each Senator shall have one vote. The atives declares its support for the right of Whereas, Michigan law enforcement and electors in each State shall have the quali- residents of the District of Columbia to be corrections officers are highly-trained and fications requisite for electors of the most fully represented in the Congress of the courageous individuals, often finding them- numerous branch of the State legislatures. United States of America; and be it further selves in dangerous situations in order to en- When vacancies happen in the representa- Resolved, That copies of this resolution, force and maintain the laws of the state and tion of any State in the Senate, the execu- signed by the speaker of the house of 41 rep- to protect the residents of Michigan; and tive authority of each State shall issue writs resentatives, be forwarded by the house clerk Whereas, The killing of a federal law en- of election to fill such vacancies: Provided, to the President of the United States of forcement or corrections officer is a federal That the legislature of any State may em- America, the Speaker of the United States offense. However, the killing of a state law power the executive thereof to make tem- House of Representatives, the President of enforcement or corrections officer is only porary appointments until the people fill the the United States Senate, the Mayor of the considered a federal offense if the officer was vacancies by election as the legislature may District of Columbia, the Chairman of the working with federal agents in furtherance direct. Council of the District of Columbia and to of a federal investigation. In addition, cer- This amendment shall not be so construed each member of the New Hampshire congres- tain circumstances can elevate a state crime as to affect the election or term of any Sen- sional delegation. to a federal crime; and ator chosen before it becomes valid as part of Whereas, There should be a consistent na- the Constitution.’’: Now, therefore, be it POM–333. A resolution adopted by the Leg- tional policy to protect our law enforcement Resolved by the General Assembly of Mary- islature of the State of South Dakota rel- and corrections officers. Law enforcement is land, That the foregoing amendment to the

VerDate Sep 11 2014 05:25 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A16SE6.015 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE September 16, 2014 CONGRESSIONAL RECORD — SENATE S5627 United States Constitution is ratified by the POM–337. A resolution adopted by the Gen- REPORTS OF COMMITTEES State of Maryland to all intents and pur- eral Assembly of the State of Maryland rel- poses as a part of the United States Con- ative to their ratification of the Seventeenth The following reports of committees stitution; and be it further Amendment to the United States Constitu- were submitted: Resolved, That the Governor of the State of tion; to the Committee on the Judiciary. By Mr. CARPER, from the Committee on Maryland is requested to forward authentic SENATE JOINT RESOLUTION 2 Homeland Security and Governmental Af- copies of this Resolution, under the Great fairs, with an amendment in the nature of a Seal of the State of Maryland, to: the Honor- Whereas, The 17th Amendment to the substitute: able Hillary Rodham Clinton, Secretary of United States Constitution provides for the S. 2061. A bill to prevent conflicts of inter- State of the United States, 2201 C Street direct election of Senators of a state to the est relating to contractors providing back- NW., Washington, DC 20520; the Honorable United States Congress rather than for their ground investigation fieldwork services and Harry Reid, Majority Leader, United States election or appointment by a state legisla- investigative support services (Rept. No. 113– Senate, 528 Hart Senate Office Building, ture; 257). Washington, DC 20510; the Honorable John Whereas, The 17th Amendment passed the S. 1898. A bill to require adequate informa- Boehner, Speaker of the House of Represent- United States Senate on June 12, 1911, and tion regarding the tax treatment of pay- atives of the United States, 1011 Longworth then passed the United States House of Rep- ments under settlement agreements entered House Office Building, Washington, DC 20515; resentatives on May 13, 1912; and into by Federal agencies, and for other pur- and the Honorable Martha N. Johnson, Act- Whereas, The 17th Amendment thereafter poses. ing Administrator of General Services of the was ratified to become part of the United S. 2651. A bill to repeal certain mandates of United States, 1800 F Street NW., Wash- States Constitution when on April 8, 1913, the Department of Homeland Security Office ington, DC 20405. Connecticut became the 36th state to ratify of Inspector General. its adoption, thereby satisfying the require- f POM–336. A Senate joint resolution adopt- ment of the United States Constitution that ed by the General Assembly of the State of any proposed constitutional amendment be EXECUTIVE REPORTS OF Maryland rescinding Maryland’s ratification approved by at least three-fourths of the COMMITTEE states; and of the Corwin Amendment to the United The following executive reports of States Constitution; to the Committee on Whereas, Following its formal ratification, the Judiciary. the 17th Amendment subsequently also was nominations were submitted: ratified by Louisiana on June 11, 1913, and SENATE JOINT RESOLUTION 1 By Mr. LEVIN for the Committee on Delaware on June 25, 2010; and Armed Services. Whereas, On February 27, 1861, in an at- Whereas, By its vote on February 26, 1913, Army nomination of Maj. Gen. Gustave F. tempt to avert the secession of Southern Utah was the only state to reject the 17th Perna, to be Lieutenant General. states, United States Representative Thomas Amendment (although the Florida legisla- Navy nomination of Capt. Kathleen M. Corwin of Ohio proposed an amendment to ture, which also took up the amendment, Creighton, to be Rear Admiral (lower half). the United States Constitution that would failed to complete action as the amendment Navy nomination of Capt. Todd J. Squire, prohibit the United States Constitution from never reached the Florida Senate); and to be Rear Admiral (lower half). being amended in a manner that authorizes Whereas, The General Assembly of Mary- Navy nominations beginning with Rear Congress to abolish or interfere with the land has not taken action to either ratify or Adm. (lh) Brian B. Brown and ending with states’ domestic institutions, including slav- reject the 17th Amendment to be part of the Rear Adm. (lh) Brett C. Heimbigner, which ery; and United States Constitution, the State of nominations were received by the Senate and Whereas, On March 2, 1861, the Corwin Maryland now wishes formally to record its appeared in the Congressional Record on Amendment passed the United States Con- support for and also ratify the amendment, April 10, 2014. gress and was submitted to the states for viz: Air Force nomination of Maj. Gen. Steven ratification; and Whereas, With the enactment of Chapter 21 ‘‘ARTICLE L. Kwast, to be Lieutenant General. Air Force nomination of Maj. Gen. Ter- of the Acts of 1862, the General Assembly of The Senate of the United States shall be rence J. O’Shaughnessy, to be Lieutenant Maryland ratified the Corwin Amendment; composed of two Senators from each State, General. and elected by the people thereof, for six years; Army nomination of Col. Scott G. Perry, Whereas, The Corwin Amendment has not and each Senator shall have one vote. The to be Brigadier General. been ratified by three-fourths of the states electors in each State shall have the quali- Army nomination of Col. Joseph J. Heck, and, therefore, is not part of the United fications requisite for electors of the most to be Brigadier General. States Constitution; and numerous branch of the State legislatures. Whereas, With the end of the Civil War and Army nomination of Brig. Gen. Mark S. When vacancies happen in the representa- Inch, to be Major General. the ratification of the 13th Amendment to tion of any State in the Senate, the execu- the United States Constitution, the purposes Navy nomination of Vice Adm. Philip S. tive authority of each State shall issue writs Davidson, to be Admiral. of the Corwin Amendment have become of election to fill such vacancies: Provided, moot: Now, therefore, be it Navy nomination of Rear Adm. Dixon R. That the legislature of any State may em- Smith, to be Vice Admiral. Resolved by the General Assembly of Mary- power the executive thereof to make tem- land, That the State of Maryland rescinds its Air Force nomination of Lt. Gen. Tod D. porary appointments until the people fill the Wolters, to be Lieutenant General. ratification of the Corwin Amendment to the vacancies by election as the legislature may United States Constitution, viz: Air Force nomination of Brig. Gen. direct. Veralinn Jamieson, to be Major General. ‘‘ARTICLE This amendment shall not be so construed Army nomination of Maj. Gen. John W. No amendment shall be made to the Con- as to affect the election or term of any Sen- Nicholson, Jr., to be Lieutenant General. stitution which will authorize or give to ator chosen before it becomes valid as part of Army nomination of Brig. Gen. Paul M. Congress the power to abolish or interfere, the Constitution.’’ Now, therefore, be it Benenati, to be Major General. within any State, with the domestic institu- Resolved by the General Assembly of Mary- Army nomination of Brig. Gen. Michael A. tions thereof, including that of persons held land, That the foregoing amendment to the Calhoun, to be Major General. to labor or service by the laws of said United States Constitution is ratified by the Army nomination of Brig. Gen. Bret D. State.’’, and be it further State of Maryland to all intents and pur- Daugherty, to be Major General. Resolved, That the Governor of the State of poses as a part of the United States Con- Army nominations beginning with Colonel Maryland is requested to forward authentic stitution; and be it further Raul E. Escribano and ending with Colonel copies of this Resolution, under the Great Resolved, That the Governor of the State of Jeffrey L. Milhorn, which nominations were Seal of the State of Maryland, to: the Honor- Maryland is requested to forward authentic received by the Senate and appeared in the able Joseph R. Biden, Jr., Vice President of copies of this Resolution, under the Great Congressional Record on September 8, 2014. the United States, President of the United Seal of the State of Maryland, to: the Honor- States Senate, Suite S–212, United States able Hillary Rodham Clinton, Secretary of Mr. LEVIN. Mr. President, for the Capitol Building, Washington, DC 20510; the State of the United States, 2201 C Street, Committee on Armed Services I report Honorable Harry Reid, Majority Leader, N.W., Washington, D.C. 20520; the Honorable favorably the following nomination United States Senate, 528 Hart Senate Office Harry Reid, Majority Leader, United States lists which were printed in the Building, Washington, DC 20510; the Honor- Senate, 528 Hart Senate Office Building, RECORDS on the dates indicated, and able John Boehner, Speaker of the House of Washington, D.C., 20510; the Honorable John ask unanimous consent, to save the ex- Representatives of the United States, 1011 Boehner, Speaker of the House of Represent- pense of reprinting on the Executive Longworth House Office Building, Wash- atives of the United States, 1011 Longworth Calendar that these nominations lie at ington, DC 20515; and the Honorable David S. House Office Building, Washington, D.C. Ferriero, Archivist of the United States, Na- 20515; and the Honorable Martha N. Johnson, the Secretary’s desk for the informa- tional Archives and Records Administration, Acting Administrator of General Services of tion of Senators. 709 Pennsylvania Avenue NW., Washington, the United States, 1800 F Street, N.W., Wash- The PRESIDING OFFICER. Without DC 20408. ington, D.C. 20405. objection, it is so ordered.

VerDate Sep 11 2014 03:24 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A16SE6.019 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE S5628 CONGRESSIONAL RECORD — SENATE September 16, 2014 Air Force nomination of Lisa L. Adams, to Stampfli, which nominations were received and to provide a special rule for other profes- be Lieutenant Colonel. by the Senate and appeared in the Congres- sional sports leagues, and to provide an addi- Air Force nomination of Richard D. Mink, sional Record on July 31, 2014. tional authorization of appropriations for to be Colonel. Navy nominations beginning with Jon A. the Family Violence Prevention and Serv- Air Force nominations beginning with Angle and ending with Khalid J. Woods, ices Act; to the Committee on Finance. David L. Allison and ending with Kwani D. which nominations were received by the Sen- By Mrs. FISCHER: Williams, which nominations were received ate and appeared in the Congressional S. 2817. A bill to assign the Office of Stra- by the Senate and appeared in the Congres- Record on July 31, 2014. tegic Planning and Policy Analysis of the sional Record on July 31, 2014. Navy nominations beginning with Todd A. Federal Communications Commission the re- Army nominations beginning with Stephen Anderson and ending with Shevonne K. sponsibility of bringing institutional focus R. Abrams and ending with G010257, which Wells, which nominations were received by to the important function of approving new nominations were received by the Senate and the Senate and appeared in the Congres- technologies and improving regulatory cer- appeared in the Congressional Record on sional Record on July 31, 2014. tainty at the Commission; to the Committee April 10, 2014. Navy nominations beginning with Austin on Commerce, Science, and Transportation. Army nominations beginning with Isaiah G. Aldridge and ending with Nathan T. By Mr. GRASSLEY (for himself, Mr. C. Abbott and ending with D012187, which Woodward, which nominations were received CASEY, and Mr. MORAN): nominations were received by the Senate and by the Senate and appeared in the Congres- S. 2818. A bill to amend title XVIII of the appeared in the Congressional Record on sional Record on July 31, 2014. Social Security Act to add physical thera- April 10, 2014. Navy nominations beginning with Alwin L. pists to the list of providers allowed to uti- Army nominations beginning with Jason Albert and ending with Jack M. Zuckerman, lize locum tenens arrangements under Medi- K. Abbott and ending with D012084, which which nominations were received by the Sen- care; to the Committee on Finance. nominations were received by the Senate and ate and appeared in the Congressional By Mr. SCHUMER (for himself, Mrs. appeared in the Congressional Record on Record on July 31, 2014. BOXER, Mrs. MCCASKILL, Mr. April 10, 2014. Navy nomination of Gregory E. Oxford, to BLUMENTHAL, Mrs. FEINSTEIN, Mrs. Army nomination of Claudia D. Henderson, be Lieutenant Commander. GILLIBRAND, Mr. CASEY, and Mr. MAR- to be Lieutenant Colonel. Navy nomination of Benjamin I. Abney, to KEY): Army nominations beginning with Jesse be Lieutenant Commander. S. 2819. A bill to amend chapter 301 of title Abreu and ending with D011533, which nomi- Navy nomination of Joel N. Peterson, to be 49, United States Code, to prohibit the rental nations were received by the Senate and ap- Commander. of motor vehicles that contain a defect re- peared in the Congressional Record on July Navy nominations beginning with Gregory lated to motor vehicle safety, and for other 31, 2014. C. Cathcart and ending with Michael D. Wil- purposes; to the Committee on Commerce, Army nomination of Sun S. Macupa, to be liams, which nominations were received by Science, and Transportation. Lieutenant Colonel. the Senate and appeared in the Congres- By Mr. REID: Army nominations beginning with Brian S. sional Record on September 8, 2014. S. 2820. A bill to provide for the withdrawal Adams and ending with G010266, which nomi- of certain Federal land in Garden Valley, Ne- (Nominations without an asterisk vada; to the Committee on Energy and Nat- nations were received by the Senate and ap- were reported with the recommenda- peared in the Congressional Record on July ural Resources. 31, 2014. tion that they be confirmed.) By Mr. MENENDEZ: Army nominations beginning with Clark C. f S. 2821. A bill to authorize the Attorney General to provide a grant to assist Federal, K. Adams II and ending with G010269, which INTRODUCTION OF BILLS AND State, tribal, and local law enforcement nominations were received by the Senate and agencies in the rapid recovery of missing in- appeared in the Congressional Record on JOINT RESOLUTIONS dividuals; to the Committee on the Judici- July 31, 2014. The following bills and joint resolu- ary. Army nominations beginning with Herbert tions were introduced, read the first By Mr. TOOMEY: J. Brock IV and ending with Gregory S. and second times by unanimous con- S. 2822. A bill to require the Secretary of Phipps, which nominations were received by sent, and referred as indicated: Veterans Affairs to conduct a study on mat- the Senate and appeared in the Congres- By Mr. KING (for himself and Mr. ters relating to the burial of unclaimed re- sional Record on September 8, 2014. mains of veterans in national cemeteries, Army nominations beginning with Syed BURR): S. 2812. A bill to amend the Higher Edu- and for other purposes; to the Committee on Ahmed and ending with Amy Zingalis, which Veterans’ Affairs. nominations were received by the Senate and cation Act of 1965 to establish a simplified By Mr. HOEVEN (for himself, Mr. DON- appeared in the Congressional Record on income-driven repayment plan, and for other NELLY, Ms. MURKOWSKI, and Mr. September 8, 2014. purposes; to the Committee on Finance. By Mrs. BOXER (for herself and Mr. MANCHIN): Army nominations beginning with Bradley S. 2823. A bill to require approval for the SESSIONS): Aebi and ending with Kevyn Wetzel, which construction, connection, operation, or S. 2813. A bill to establish the National nominations were received by the Senate and maintenance of oil or natural gas pipelines Prostate Cancer Council for improved appeared in the Congressional Record on or electric transmission facilities at the na- screening, early detection, assessment, and September 8, 2014. tional boundary of the United States for the monitoring of prostate cancer, and to direct Navy nomination of Edward J. Eder, to be import or export of oil, natural gas, or elec- the development and implementation of a Captain. tricity to or from Canada or Mexico, and for national strategic plan to expedite advance- Navy nomination of William A. Burns, to other purposes; to the Committee on Energy ment of diagnostic tools and the transfer of be Lieutenant Commander. and Natural Resources. such tools to patients; to the Committee on Navy nomination of Kevin L. Bell, to be By Mr. RUBIO: Lieutenant Commander. Health, Education, Labor, and Pensions. S. 2824. A bill to amend the Magnuson-Ste- Navy nomination of Clayton M. By Mr. ALEXANDER (for himself and vens Fishery Conservation and Management Pendergrass, to be Commander. Mr. MCCONNELL): Act to promote sustainable conservation and Navy nominations beginning with Casey D. S. 2814. A bill to amend the National Labor management for the Gulf of Mexico and Ferguson and ending with Anthony K. Relations Act to reform the National Labor South Atlantic fisheries and the commu- Tobias, which nominations were received by Relations Board, the Office of the General nities that rely on them, and for other pur- the Senate and appeared in the Congres- Counsel, and the process for appellate re- poses; to the Committee on Commerce, sional Record on July 31, 2014. view, and for other purposes; to the Com- Science, and Transportation. Navy nominations beginning with Crystal mittee on Health, Education, Labor, and By Mr. BROWN (for himself and Mr. R. Aandahl and ending with Lina M. Yecpot, Pensions. CORNYN): which nominations were received by the Sen- By Mr. PRYOR (for himself and Mr. S. 2825. A bill to amend the Controlled Sub- ate and appeared in the Congressional BOOZMAN): stances Act to treat as dispensing the deliv- Record on July 31, 2014. S. 2815. A bill to amend the Agricultural ery of a controlled substance by a pharmacy Navy nominations beginning with Cynthia Act of 2014 to require the Secretary of Agri- to a practitioner, pursuant to a patient-spe- N. Abella and ending with Yu Zheng, which culture to extend the term of marketing as- cific prescription of the practitioner, under nominations were received by the Senate and sistance loans in cases in which a purchaser certain circumstances; to the Committee on appeared in the Congressional Record on has bought the loan commodity subject to the Judiciary. July 31, 2014. the loan and declared bankruptcy prior to By Mr. BLUMENTHAL (for himself and Navy nominations beginning with Chris- paying for the loan commodity; to the Com- Ms. WARREN): topher A. Adams and ending with Marlin mittee on Agriculture, Nutrition, and For- S. 2826. A bill to amend the Higher Edu- Williams, which nominations were received estry. cation Act of 1965 to provide for a percentage by the Senate and appeared in the Congres- By Mr. BOOKER: of student loan forgiveness for public service sional Record on July 31, 2014. S. 2816. A bill to amend the Internal Rev- employment, and for other purposes; to the Navy nominations beginning with Jesse D. enue Code of 1986 to eliminate the specific Committee on Health, Education, Labor, and Adams and ending with Nicholas B. exemption for professional football leagues Pensions.

VerDate Sep 11 2014 03:24 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A16SE6.023 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE September 16, 2014 CONGRESSIONAL RECORD — SENATE S5629 By Mr. BLUMENTHAL (for himself and of Wisconsin, Mr. HOEVEN, Ms. LAN- (Ms. CANTWELL) was added as a cospon- Mr. MURPHY): DRIEU, Mr. HATCH, Mr. ISAKSON, Ms. sor of S. 1507, a bill to amend the Inter- S. 2827. A bill to amend section 117 of the KLOBUCHAR, Mr. DONNELLY, Mr. nal Revenue Code of 1986 to clarify the Internal Revenue Code of 1986 to exclude CHAMBLISS, Mrs. FISCHER, Mr. SCOTT, treatment of general welfare benefits Federal student aid from taxable gross in- Mr. THUNE, Ms. HEITKAMP, and Mr. come; to the Committee on Finance. CARDIN): provided by Indian tribes. By Mr. MENENDEZ (for himself, Mr. S. Res. 548. A resolution designating No- S. 1647 CORKER, Mr. CARDIN, and Mr. MAR- vember 29, 2014, as ‘‘Small Business Satur- At the request of Mr. ROBERTS, the KEY): day’’ and supporting efforts to increase name of the Senator from North Caro- S. 2828. A bill to impose sanctions with re- awareness of the value of locally owned lina (Mr. BURR) was added as a cospon- spect to the Russian Federation, to provide small businesses; considered and agreed to. sor of S. 1647, a bill to amend the Pa- additional assistance to Ukraine, and for By Mr. HOEVEN (for himself, Mr. ROB- tient Protection and Affordable Care other purposes; to the Committee on Foreign ERTS, Ms. HEITKAMP, Mr. MCCONNELL, Act to repeal distributions for medi- Relations. and Mr. BLUNT): By Mr. WICKER: S. Res. 549. A resolution designating Octo- cine qualified only if for prescribed S. 2829. A bill to require certain financial ber 26, 2014, as Day of the Deployed; consid- drug or insulin. regulators to determine whether new regula- ered and agreed to. S. 1690 tions or orders are duplicative or incon- By Mr. CARDIN (for himself and Ms. At the request of Mr. LEAHY, the sistent with existing Federal regulations, MIKULSKI): name of the Senator from New York S. Res. 550. A resolution commemorating and for other purposes; to the Committee on (Mr. SCHUMER) was added as a cospon- the 200th anniversary of ‘‘The Star-Spangled Banking, Housing, and Urban Affairs. sor of S. 1690, a bill to reauthorize the By Mr. TESTER (for himself, Mr. JOHN- Banner’’; considered and agreed to. Second Chance Act of 2007. SON of South Dakota, Mr. UDALL of f New Mexico, Mr. BEGICH, and Mr. S. 2174 FRANKEN): ADDITIONAL COSPONSORS At the request of Mr. WARNER, the S. 2830. A bill to permanently reauthorize S. 809 name of the Senator from New Hamp- the special diabetes programs for Indians; to At the request of Mrs. BOXER, the shire (Mrs. SHAHEEN) was added as a co- the Committee on Health, Education, Labor, name of the Senator from Rhode Island sponsor of S. 2174, a bill to amend the and Pensions. Patient Protection and Affordable Care By Mr. ISAKSON (for himself and Mr. (Mr. REED) was added as a cosponsor of Act to provide greater flexibility in of- RUBIO): S. 809, a bill to amend the Federal S. 2831. A bill to direct the President to es- Food, Drug, and Cosmetic Act to re- fering health insurance coverage across tablish an interagency mechanism to coordi- quire that genetically engineered food State lines. nate United States development programs and foods that contain genetically en- S. 2188 and private sector investment activities, and gineered ingredients be labeled accord- At the request of Mr. TESTER, the for other purposes; to the Committee on For- ingly. name of the Senator from New Jersey eign Relations. (Mr. BOOKER) was added as a cosponsor By Mr. SANDERS (for himself and Ms. S. 865 of S. 2188, a bill to amend the Act of STABENOW): At the request of Mr. WHITEHOUSE, S. 2832. A bill to provide for youth jobs, and the name of the Senator from South June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take for other purposes; to the Committee on Dakota (Mr. JOHNSON) was added as a Health, Education, Labor, and Pensions. cosponsor of S. 865, a bill to provide for land into trust for Indian tribes. f the establishment of a Commission to S. 2210 Accelerate the End of Breast Cancer. At the request of Ms. COLLINS, the SUBMISSION OF CONCURRENT AND name of the Senator from Rhode Island S. 942 SENATE RESOLUTIONS (Mr. REED) was added as a cosponsor of At the request of Mr. CASEY, the The following concurrent resolutions S. 2210, a bill to amend the Richard B. name of the Senator from Rhode Island and Senate resolutions were read, and Russell National School Lunch Act to (Mr. REED) was added as a cosponsor of referred (or acted upon), as indicated: require the Secretary of Agriculture to S. 942, a bill to eliminate discrimina- make loan guarantees and grants to fi- By Mr. WHITEHOUSE (for himself and tion and promote women’s health and nance certain improvements to school Mr. MCCAIN): economic security by ensuring reason- S. Res. 546. A resolution congratulating In- lunch facilities, to train school food able workplace accommodations for donesia’s President-elect Joko Widodo on his service personnel, and for other pur- workers whose ability to perform the electoral victory and commending the people poses. of Indonesia on their commitment to democ- functions of a job are limited by preg- S. 2348 racy and free and fair elections; to the Com- nancy, childbirth, or a related medical At the request of Mr. BROWN, the mittee on Foreign Relations. condition. By Mr. MENENDEZ (for himself, Mr. name of the Senator from Colorado S. 952 REID, Mr. CORNYN, Mr. RUBIO, Mr. (Mr. BENNET) was added as a cosponsor ARDIN BEGICH, Mr. BENNET, Mr. BOOKER, At the request of Mr. C , the of S. 2348, a bill to amend title XVIII of Mrs. BOXER, Mr. CASEY, Mr. COONS, name of the Senator from Minnesota the Social Security Act to waive coin- Mr. DURBIN, Mrs. FEINSTEIN, Mrs. (Ms. KLOBUCHAR) was added as a co- surance under Medicare for colorectal GILLIBRAND, Mr. HEINRICH, Mr. LEVIN, sponsor of S. 952, a bill to amend the cancer screening tests, regardless of Mr. MARKEY, Mrs. MURRAY, Mr. NEL- Internal Revenue Code of 1986 to clarify whether therapeutic intervention is re- SON, Mr. REED, Mr. SCHUMER, Mr. the treatment of church pension plans, quired during the screening. UDALL of Colorado, Mr. UDALL of New and for other purposes. Mexico, Mr. WARNER, and Mr. HELL- S. 2481 S. 1463 ER): At the request of Mrs. SHAHEEN, the S. Res. 547. A resolution designating the At the request of Mrs. BOXER, the name of the Senator from Maine (Mr. week beginning September 14, 2014, as Na- names of the Senator from Oregon (Mr. KING) was added as a cosponsor of S. tional Hispanic-Serving Institutions Week; WYDEN) and the Senator from Vermont 2481, a bill to amend the Small Busi- considered and agreed to. (Mr. LEAHY) were added as cosponsors ness Act to provide authority for sole By Ms. CANTWELL (for herself, Mr. of S. 1463, a bill to amend the Lacey source contracts for certain small busi- RISCH, Mr. WHITEHOUSE, Mr. RUBIO, Act Amendments of 1981 to prohibit Mrs. HAGAN, Mrs. SHAHEEN, Mr. ness concerns owned and controlled by LEVIN, Mr. PORTMAN, Mr. PRYOR, Mr. importation, exportation, transpor- women, and for other purposes. KING, Ms. HIRONO, Mr. UDALL of New tation, sale, receipt, acquisition, and S. 2501 Mexico, Mr. CARPER, Mr. BARRASSO, purchase in interstate or foreign com- At the request of Mr. MANCHIN, the Mr. MURPHY, Mr. BENNET, Mr. WAR- merce, or in a manner substantially af- name of the Senator from New York NER, Mr. KIRK, Mr. BEGICH, Mr. fecting interstate or foreign commerce, (Mrs. GILLIBRAND) was added as a co- CRAPO, Mrs. MURRAY, Mr. COONS, Mr. of any live animal of any prohibited sponsor of S. 2501, a bill to amend title MENENDEZ, Mr. SCHATZ, Mr. JOHNSON wildlife species. of South Dakota, Mr. ROBERTS, Mr. XVIII of the Social Security Act to S. 1507 TESTER, Ms. AYOTTE, Mr. UDALL of make improvements to the Medicare Colorado, Mr. ENZI, Mr. MANCHIN, Mr. At the request of Mr. MORAN, the Hospital Readmissions Reduction Pro- BOOZMAN, Mrs. BOXER, Mr. JOHNSON name of the Senator from Washington gram.

VerDate Sep 11 2014 03:24 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A16SE6.035 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE S5630 CONGRESSIONAL RECORD — SENATE September 16, 2014 S. 2527 S. 2782 STATEMENTS ON INTRODUCED At the request of Mrs. GILLIBRAND, At the request of Mr. SANDERS, the BILLS AND JOINT RESOLUTIONS the names of the Senator from Con- names of the Senator from Nevada (Mr. By Mrs. BOXER (for herself and necticut (Mr. MURPHY), the Senator HELLER) and the Senator from Okla- Mr. SESSIONS): from Maryland (Ms. MIKULSKI), the homa (Mr. INHOFE) were added as co- S. 2813. A bill to establish the Na- Senator from Montana (Mr. TESTER), sponsors of S. 2782, a bill to amend title tional Prostate Cancer Council for im- the Senator from New York (Mr. SCHU- 36, United States Code, to improve the proved screening, early detection, as- MER), the Senator from Illinois (Mr. Federal charter for the Veterans of sessment, and monitoring of prostate DURBIN), the Senator from Vermont Foreign Wars of the United States, and cancer, and to direct the development (Mr. SANDERS), the Senator from Cali- for other purposes. and implementation of a national stra- fornia (Mrs. FEINSTEIN) and the Sen- S. 2793 tegic plan to expedite advancement of ator from Washington (Mrs. MURRAY) At the request of Mr. SCHUMER, the diagnostic tools and the transfer of were added as cosponsors of S. 2527, a names of the Senator from New York such tools to patients; to the Com- bill to amend the Richard B. Russell (Mrs. GILLIBRAND) and the Senator mittee on Health, Education, Labor, National School Lunch Act to improve from South Carolina (Mr. SCOTT) were and Pensions. the efficiency of summer meals. added as cosponsors of S. 2793, a bill to Mrs. BOXER. Mr. President, today I S. 2543 authorize the award of the Medal of am proud to introduce the National At the request of Mrs. SHAHEEN, the Honor to Henry Johnson. Prostate Cancer Council Act with my name of the Senator from California S. 2796 colleague, Senator SESSIONS. This bi- (Mrs. BOXER) was added as a cosponsor At the request of Ms. BALDWIN, the partisan legislation addresses the ur- of S. 2543, a bill to support afterschool name of the Senator from Vermont gent need for a national strategy for and out-of-school-time science, tech- (Mr. SANDERS) was added as a cospon- the accelerated creation, advancement, nology, engineering, and mathematics sor of S. 2796, a bill to amend the High- and testing of diagnostic tools to be programs, and for other purposes. er Education Act of 1965 to increase the used in the fight against prostate can- S. 2599 income protection allowances. cer. At the request of Ms. KLOBUCHAR, the S. 2802 Prostate cancer is the second most name of the Senator from Arkansas At the request of Mr. REED, the name common cancer in the United States, (Mr. PRYOR) was added as a cosponsor of the Senator from Wisconsin (Ms. and the second-leading cause of cancer- of S. 2599, a bill to stop exploitation BALDWIN) was added as a cosponsor of related death in men. The American through trafficking. S. 2802, a bill to amend the Education Cancer Society estimates that in 2014, S. 2621 Sciences Reform Act of 2002 and the 233,000 new cases of prostate cancer At the request of Mr. VITTER, the Educational Technical Assistance Act will be diagnosed and almost 30,000 men name of the Senator from Arkansas of 2002 to strengthen research in adult will die from the disease. (Mr. PRYOR) was added as a cosponsor education. Early detection of prostate cancer of S. 2621, a bill to amend the Migra- S. 2809 saves lives. Unfortunately, current tory Bird Hunting and Conservation At the request of Mr. JOHANNS, the screening techniques result in numer- Stamp Act to increase the price of Mi- name of the Senator from Idaho (Mr. ous false-negatives, leaving men at gratory Bird Hunting and Conservation CRAPO) was added as a cosponsor of S. risk to wrongly believe they are can- Stamps to fund the acquisition of con- 2809, a bill to require the Environ- cer-free, and false-positive alarms, servation easements for migratory mental Protection Agency to obtain a which often lead to painful, costly, and birds, and for other purposes. court order to garnish wages to pay a unnecessary procedures. In addition, S. 2646 nontax debt. the prostate is one of the few organs in At the request of Mr. LEAHY, the S. RES. 541 the human body where biopsies are per- names of the Senator from California At the request of Mr. COONS, the formed blindly, which can miss cancer (Mrs. BOXER), the Senator from Dela- names of the Senator from Massachu- even when multiple samples are taken. ware (Mr. COONS) and the Senator from setts (Mr. MARKEY), the Senator from The National Prostate Cancer Coun- Rhode Island (Mr. WHITEHOUSE) were New Mexico (Mr. HEINRICH), the Sen- cil Act mirrors the commitment the added as cosponsors of S. 2646, a bill to ator from California (Mrs. BOXER), the Federal government has made to fight reauthorize the Runaway and Homeless Senator from Rhode Island (Mr. REED), Alzheimer’s disease under the National Youth Act, and for other purposes. the Senator from New Jersey (Mr. Alzheimer’s Project Act, which was S. 2714 BOOKER), the Senator from Vermont signed into law in 2011. Similarly, this At the request of Mr. BLUNT, the (Mr. LEAHY), the Senator from New bill will bring together federal agen- names of the Senator from New Hamp- Hampshire (Mrs. SHAHEEN), the Sen- cies, medical and scientific experts, ad- shire (Ms. AYOTTE), the Senator from ator from Virginia (Mr. KAINE), the vocacy organizations, and patient sur- Wyoming (Mr. BARRASSO), the Senator Senator from Pennsylvania (Mr. vivors to create a clear national plan from Arkansas (Mr. BOOZMAN), the Sen- CASEY), the Senator from Maryland for achieving the ultimate goal devel- ator from Wyoming (Mr. ENZI), the (Mr. CARDIN), the Senator from Dela- oping reliable tests that can detect Senator from Alaska (Ms. MURKOWSKI), ware (Mr. CARPER), the Senator from prostate cancer and diagnose its sever- the Senator from Kansas (Mr. ROB- Washington (Ms. CANTWELL), the Sen- ity. ERTS), the Senator from Ohio (Mr. ator from Minnesota (Ms. KLOBUCHAR) The National Prostate Cancer Coun- PORTMAN) and the Senator from Mis- and the Senator from Louisiana (Ms. cil will evaluate our current efforts sissippi (Mr. WICKER) were added as co- LANDRIEU) were added as cosponsors of across all Federal agencies, and it will sponsors of S. 2714, a bill to require the S. Res. 541, a resolution recognizing the coordinate those efforts to be more ef- Secretary of the Treasury to mint severe threat that the Ebola outbreak fective. Congress and the Department coins in commemoration of the centen- in West Africa poses to populations, of Health and Human Services will re- nial of World War I. governments, and economies across Af- ceive a report from the Council each S. 2746 rica and, if not properly contained, to year detailing the progress made to- At the request of Mr. BROWN, the regions across the globe, and express- ward fulfilling the national plan. names of the Senator from New Jersey ing support for those affected by this A national strategy and commitment (Mr. MENENDEZ), the Senator from Min- epidemic. can be the key to diagnosing prostate nesota (Mr. FRANKEN) and the Senator S. RES. 543 cancer earlier and more accurately. It from Minnesota (Ms. KLOBUCHAR) were At the request of Mr. ENZI, the names will help us identify the best use of our added as cosponsors of S. 2746, a bill to of the Senator from North Dakota (Mr. resources and focus on the most press- amend the Public Health Service Act HOEVEN) and the Senator from South ing needs, ultimately saving lives and to improve the health of children and Dakota (Mr. THUNE) were added as co- reducing unnecessary procedures. I help better understand and enhance sponsors of S. Res. 543, a resolution urge my colleagues to join me in sup- awareness about unexpected sudden designating November 1, 2014, as Na- porting this effort, and to cosponsor death in early life. tional Bison Day. this legislation.

VerDate Sep 11 2014 03:24 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A16SE6.038 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE September 16, 2014 CONGRESSIONAL RECORD — SENATE S5631 By Mr. ALEXANDER (for himself No. 3, our legislation would encour- just cosmetic and fragrance. Imagine if and Mr. MCCONNELL): age timely decisions. First, either every department of Macy’s decided to S. 2814. A bill to amend the National party in a case before the Board may form a union. The employer would have Labor Relations Act to reform the Na- appeal to a Federal court of appeals if dozens of different groups to negotiate tional Labor Relations Board, the Of- the Board fails to reach a decision in 1 with, and the different unions would be fice of the General Counsel, and the year. Second, funding for the entire fighting each other over who got the process for appellate review, and for NLRB would be reduced by 20 percent if better raises and break rooms in terms other purposes; to the Committee on the Board is not able to decide 90 per- of employment. Health, Education, Labor, and Pen- cent of its cases within 1 year over the During this administration the sions. first 2-year period following reform. NLRB has ruled that common employ- Mr. ALEXANDER. Mr. President, Our bill would offer these solutions ment policies are unfair labor prac- today I am introducing the NLRB Re- without taking away one single right, tices, such as—and Senator SCOTT form Act with Senator MCCONNELL. one single remedy from any employee, brought this up at a hearing the other Our legislation is very simple. It will business, or union. day—the NLRB has said that an em- change the NLRB from an advocate to With each new administration, the ployer may not have a policy that re- an umpire. That is the role the Na- pendulum at the NLRB has swung fur- quires employees to be courteous to tional Labor Relations Board was al- ther from the middle, further away customers and fellow employees, or ways supposed to have. The Board was from being an umpire. The result is prohibiting employees from making created 79 years ago to act as an impar- that labor policy whipsaws back and negative comments about the business tial umpire in labor disputes that forth, taking employees and employers that employs them on social media or threaten the free flow of commerce. for a wild ride. This has happened selecting arbitration for employment The Board’s decisions affect millions of under most administrations, but it has disputes. Our solution: Senator MCCONNELL private sector workers. But over time been worse under the current adminis- and I would solve this by requiring a the Board has become an advocate for tration. The minority leader men- six-member board of three Republicans one interest group or the other, chang- tioned several of those examples. ing positions with each new adminis- Under the partisan advocacy of to- and three Democrats. Like the Federal tration. day’s National Labor Relations Board, Election Commission, a majority of four will require both sides to find a There are three significant problems workers are losing their right to pri- middle ground. the Board faces today: vacy. The Board is embarking on a reg- Here is the second problem. The No. 1, the biggest problem is partisan ulatory effort to expand requirements advocacy. Today the majority of the Board’s general counsel is acting like a that employers give employees’ names freewheeling advocate, stretching labor five-member Board is made up of ap- and addresses to union organizers. The pointees who follow President Obama’s law to its limits and sometimes beyond Board wants more personal informa- its limits. For example, in 2011 the gen- political leanings. President Obama tion about these employees to be given has appointed three labor union leaders eral counsel moved to stop Boeing from to the organizing union, including tele- to the Board. building new airplanes at a nonunion phone numbers, email addresses, the No. 2, the Board also has a free- plant in South Carolina. The general wheeling advocate for its general coun- employee’s work location, the employ- counsel to the NLRB jeopardized a $1 sel. The Board’s most recent general ee’s shift, the job classifications. They billion factory and hundreds of jobs counsels have been exceeding their propose doing everything but attaching with this move, but even worse, he statutory authority and bringing ques- a GPS to the lapel of each employee. tried to make the case that a unionized In my State of Tennessee, for exam- tionable cases that threaten American American company can’t expand its op- ple, we have had an ongoing organizing jobs and threaten sending overseas erations into one of the 24 States, such effort in the Volkswagen plant in Chat- manufacturing jobs that we need to as Tennessee, with right-to-work laws keep here. tanooga. In a secret ballot election last which protect a worker’s right to join No. 3, the National Labor Relations February, employees at the Volks- or not to join a union. The general Board has been slow to resolve dis- wagen plant said: We don’t want a counsel eventually withdrew this out- putes. Last year 109 cases—that is 30 union; we don’t need a union. So 712 to rageous complaint against Boeing, but percent of the Board’s caseload—were 626 they rejected the United Auto if it had set a precedent, jobs would pending for more than a year. Workers’ bid to unionize the plant. have fled overseas as manufacturers Occasionally someone will say to me: Imagine if you were one of those 712 look to find a competitive environment If Republicans were to win the Senate, employees who voted against union- in which to make and sell cars around what would Republicans do? izing. Now organizers can get your pri- the world. What we would do is try to come up vate email address and all of this other We want to make sure manufacturers with sensible proposals that lead us in personal information. such as Boeing, Nissan, and General the right direction, proposals that have Here is another example. Factions of Motors can have a competitive envi- so much commonsense that they at- employees within single stores now ronment in the United States in which tract the support of enough Democrats have a path to forming their own they can make airplanes and cars and and the House of Representatives and unions. In 2011 the Board suddenly other goods and sell them around the the President to become law. This is adopted a new way to define what world. We do not want them making one such proposal. makes a local union bargaining unit. them in Mexico or Japan or Europe or Our bill provides three solutions to The Board changed the law so that any somewhere else because we have under- the problems I identified: group of employees with an over- mined right-to-work laws. Our solution No. 1, it would end partisan advocacy whelming community of interest could would allow employers and unions to on the National Labor Relations Board. become a bargaining unit and therefore challenge complaints filed against The Board would become a six-member a union. At the same time, the Board is them by the general counsel in Federal board of three Republicans and three moving a regulation to limit the em- court and give employers and unions Democrats, and a required majority of ployer’s ability to question which em- new rights to learn the basis and legal four will force both sides to find a mid- ployees should be in a bargaining unit. reasoning of charges filed against them dle ground. This allows a union to cherry-pick em- by the general counsel. No. 2, it reins in the general counsel. ployees who will be most likely to sup- Finally, the NLRB is taking too long Businesses and unions would be able to port forming a union. to resolve cases. For example, one case challenge complaints filed by the gen- How has this worked in the real has been pending at the Board for more eral counsel by taking them to the world? Here is an example. The Board than 7 years. The case involves the Federal district court, and they will just approved a bargaining unit for cos- question of whether an employer has to have greater transparency about the metic and fragrance employees in a allow labor union organizers access to basis and legal reasoning for the Macy’s department store—not the shoe private property. charges brought by the general coun- salespeople, not the lady’s fashion em- Our solution—Senator MCCONNELL sel. ployees, not the junior’s department, and I encourage a timely resolution of

VerDate Sep 11 2014 03:24 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A16SE6.041 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE S5632 CONGRESSIONAL RECORD — SENATE September 16, 2014 cases, first, by allowing either party to Right now when the FCC misses its 1 By Mr. HOEVEN (for himself, Mr. appeal to a Federal court of appeals for year deadline nothing happens. The no- DONNELLY, Ms. MURKOWSKI, and a de novo, or fresh, review if the Board tification clause in this bill would pro- Mr. MANCHIN): fails to reach a decision on the case vide a backstop for the FCC to enhance S. 2823. A bill to require approval for within 1 year. To further incentivize regulatory certainty for innovators the construction, connection, oper- timely resolution, we include the and consumers alike. ation, or maintenance of oil or natural threat of a 20-percent budget cut with Specifically, the HIRE Act would gas pipelines or electric transmission the Board if 90 percent of the cases are bring institutional focus to the impor- facilities at the national boundary of not decided within a year. tant function of approving new tech- the United States for the import or ex- In conclusion, while the increasing nologies. FCC delays stall new opportu- port of oil, natural gas, or electricity partisanship of the Board has appeared nities for investment and job creation to or from Canada or Mexico, and for in Republican administrations as well that are critical at this time in our Na- other purposes; to the Committee on as Democratic administrations, it has tion’s history. FCC delays also deprive Energy and Natural Resources. reached a climax in this administra- consumers from the benefits of access- Mr. HOEVEN. Mr. President, I rise tion. Three of this President’s recent ing new technologies at lower prices. today to present the North American Energy Infrastructure Act. It is a bi- nominees came from major labor The senior Republican Commissioner partisan piece of legislation that I unions’ leadership. One law professor at the FCC, Ajit Pai, has identified as- think is very important to helping our at a major university said she can’t use sisting new technology applications as country build the infrastructure we the most recent labor law textbook. a high priority. In a July 18, 2012, The decisions changing the law are need to truly become energy inde- speech at Carnegie Mellon University, pendent or energy self-sufficient—en- coming out so rapidly and the NLRB is he said, ‘‘Bureaucratic inertia should venturing into new territory with ergy secure, if you will. not be a barrier to the deployment of This is bipartisan legislation. It is these efforts at rulemaking. This is no new services or capital investment. way to maintain a national labor law legislation that has already passed the Rather, the Commission should facili- House. It was sponsored in the House policy. tate economic growth and job creation Our plan, the NLRB Reform Act, by Representative FRED UPTON, who is by making decisions in a timely man- will, first, end partisan advocacy; sec- the chairman of the Energy and Com- ner . . . Entrepreneurs need an advo- ond, rein in the general counsel; third, merce Committee. It was cosponsored cate at the FCC—one that will hold us it will encourage timely decisions. Our on the Democratic side by GENE GREEN, accountable if we delay, rather than bill would offer these solutions without a Congressman from Texas. I have bi- decide.’’ Additionally, the Institute of taking away one right or one remedy partisan sponsors for this legislation in Electrical and Electronics Engineers, from one employee, one business, or the Senate as well—on the Republican IEEE, has encouraged the FCC improve one union. I hope my colleagues will side, Senator LISA MURKOWSKI, who is its decision-making process for spec- carefully review this proposal and con- the ranking member on the energy sider cosponsoring the NLRB Reform trum management. committee; and then I have two other Act. The HIRE Act is about improving the members of the energy committee who FCC’s decision-making process and are Democrats cosponsoring this legis- By Mrs. FISCHER: supporting job creation. It is a small, lation as well, Senator JOE DONNELLY S. 2817. A bill to assign the Office of common-sense reform that increases from Indiana and Senator JOE MANCHIN Strategic Planning and Policy Analysis government efficiency without increas- from West Virginia. Certainly Senator of the Federal Communications Com- ing spending. I look forward to working MANCHIN is recognized as one of the mission the responsibility of bringing with consumers, businesses, and those leaders in the Senate on important en- institutional focus to the important in the Federal Government who want ergy issues. I am very appreciative of function of approving new technologies to make our government more effec- having him join me on this legislation and improving regulatory certainty at tive, efficient, and responsive. The as well. I am introducing this legisla- the Commission; to the Committee on HIRE Act is one proposal that would do tion now. Commerce, Science, and Transpor- that, and I welcome a conversation This is the sixth anniversary of the tation. with others about this important issue. application by TransCanada for a per- Mrs. FISCHER. Mr. President, today mit to approve the Keystone XL Pipe- I introduced the Helping Innovation By Mr. REID: line. They applied for approval of a and Revitalizing Innovation Act. It is a S. 2820. A bill to provide for the with- pipeline project—the Keystone XL Federal Communications Commission, drawal of certain Federal land in Gar- Pipeline project—6 years ago as of Fri- FCC, process reform idea called the den Valley, Nevada; to the Committee day of this week. Can you imagine HIRE Act. This measure seeks to make on Energy and Natural Resources. that? Americans fought and won World the FCC more efficient and account- Mr. REID. Mr. President, I ask unan- War II in less time than this applica- able in processing new technology ap- imous consent that the text of the bill tion has been pending before the Presi- plications. be printed in the RECORD. dent of the United States, yet still no Section 7 of the Communications Act There being no objection, the text of decision from this administration after requires the FCC to review new tech- the bill was ordered to be printed in 6 years. nologies and determine whether or not the RECORD, as follows: This is vital infrastructure we need approval is in the public interest with- S. 2820 to truly make this country energy se- in one year of application—a deadline Be it enacted by the Senate and House of cure. Working with Canada, we can Congress imposed on the FCC in 1982. Representatives of the United States of America truly produce more energy than we Part of Section 7 reads, ‘‘The Commis- in Congress assembled, consume and make our country energy sion shall determine whether any new SECTION 1. SHORT TITLE. secure, but we cannot do it without the technology or service proposed in a pe- This Act may be cited as the ‘‘Garden necessary infrastructure—the roads, tition or application is in the public in- Valley Withdrawl Act’’. the pipelines, the rail, the transmission terest within one year after such peti- SEC. 2. GARDEN VALLEY, NEVADA, WITHDRAWAL. lines—the energy infrastructure we tion or application is filed.’’ Subject to valid existing rights in exist- need to get energy from where it is pro- The HIRE Act would complement ence on the date of enactment of this Act, duced, places such as my State of Section 7. Specifically, it would: re- the approximately 805,100 acres of Federal North Dakota, which is now the second quire the FCC Office of Strategic Plan- land generally depicted on the map entitled largest producer of oil in this country, ning and Policy Analysis to help facili- ‘‘Garden Valley Withdrawal Area’’ and dated second only to Texas. We produce more tate attention and response to pending July 11, 2014, is withdrawn from— than 1 million barrels a day of oil, but technology applications and licenses (1) entry, appropriation, and disposal under the public land laws; we have to get it to market. It is get- and it would require the FCC to report (2) location, entry, and patent under the ting loaded and overloaded on rail. We to Congress any time it fails to comply mining laws; and have tremendous congestion on rail. with the 1-year deadline for review of (3) operation of the mineral leasing, min- Our farmers cannot get their ag prod- such applications. eral materials, and geothermal leasing laws. ucts to market anymore because we

VerDate Sep 11 2014 07:36 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G16SE6.012 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE September 16, 2014 CONGRESSIONAL RECORD — SENATE S5633 have so much congestion on the rail. process. You will still have to do an en- that is so important to the energy fu- Yet here we have an application that vironmental impact statement. But the ture of our country? has been held for 6 years by the Presi- focus of that EIS—environmental im- What about gas pipelines? Gas pipe- dent of the United States without a de- pact statement—or the NEPA process, lines will be covered by FERC, the Fed- cision. That is after last year when he will be on the border section, not on eral Energy Regulatory Commission. came to the Republican caucus and the entire length of the project What we say is: Look, they will go told us point blank that he would have throughout all the States that pipeline through the NEPA process too. Just as a decision before the end of 2013. No de- may cross. It will focus on the border we describe with the Department of cision. Here we are in 2014, the sixth section. And the State Department has State on an oil pipeline, they will take anniversary. to come up with reasonable rules to de- that cross-border piece and do the same Well, look, we cannot continue to termine what that distance is that con- thing, do a NEPA process so you have have that problem. stitutes crossing the border with Can- an environmental impact statement We have to find a way to build this ada. and cover all the bases. But then 30 infrastructure. Even though we are Then the rest of the NEPA process days after, they have to make a deci- working on Keystone on a separate will continue just as it does today for sion. They can’t just sit on it, and the track—and I believe we will have the any other project that does not come rest of the NEPA process continues as votes next year to pass it. We will have across the border. Right now States we described on an oil pipeline. Again, the 60 votes in the Senate we need to have their jurisdiction in some cases very simple, very straightforward, and pass it. We are at 57 right now. We are and the Federal Government has its ju- it comports with the free trade agree- very close. I think by next year we will risdiction in some cases, depending on ments we have with Canada and with have those 60 votes to pass Keystone, whether it is private land or it is public Mexico. and we will work to do that and attach land or Federal land. Maybe it is a On the third piece, electric trans- it to legislation the President will not body of water. Whatever. So the NEPA mission lines, that process will be over- veto. So we will continue to work on process continues as before, driven by seen by the Department of Energy. We Keystone on that track, but at the the States or the Federal Government simply streamline the process. Right same time we have to avoid this prob- depending on what particular part of now there are two permits required, lem in the future with oil pipelines, the country or the type of land or the one that is driven by the administra- with gas pipelines, and with trans- body of water you are crossing. tion, one that is congressionally driv- mission lines. I think that is why it garnered such en. We combine those and make it one We have to be able to build that in- strong bipartisan support. We continue process; again, cover all the bases, as I frastructure not only in this country, that process and those protections, but have described, with an oil pipeline or but we have to be able to cross the bor- we do not allow the determination on a gas pipeline, but we make it one der with Canada. Canada is a huge pro- the cross-border process or the cross- process instead of a duplicative proc- ducer of energy. So working together, border piece to be held up by all of the ess. we have this incredible opportunity if NEPA process and all of the sitings When we look at what is going on in we can build the infrastructure to do that may be covered in all the respec- the world today, we see why this legis- it. It is not just for fossil fuels. It is tive States that pipeline crosses. Those lation is so important. Look at ISIL. not just for oil. It is not just for gas. It processes are already in place. Do not Look at ISIL in the Middle East and is for renewables as well. Canada pro- use crossing the border as an excuse to what is happening there. We are right duces an incredible amount of hydro, tie up all these other processes and ba- now confronting how we need to ad- which, of course, is electricity. We sically usurp the authority of the dress this very significant challenge, need transmission lines to bring that States that are affected by that how we need to work with allies in the renewable hydro across the border. project. region to take out ISIL. Do we really So this is about all forms of energy, I think it is a very reasonable proc- want to continue to be dependent on and this is about working with our ess, and it is one that I think we should oil from the Middle East? I think we closest friend and ally to truly address be able to come together on in a bipar- could ask every single American that that energy issue. It is a job-creation tisan way to say: It is open. It is fair. question and the answer would be a re- issue. It is a national security issue. That is why we have bipartisan support sounding no. There is no way we want What does this legislation do, the in the sponsorship—Senator DONNELLY, to have to get oil from the Middle East. North American Energy Infrastructure Senator MANCHIN, Senator MURKOWSKI, But we still are today. Yet we can Act? What it does is it expedites, myself, all people who work on en- produce more oil and gas in this coun- streamlines the approval process for ergy—because we have struck that bal- try, particularly with Canada, than we cross-border construction of oil pipe- ance. It is about creating a good busi- can consume. lines, gas pipelines, and electric trans- ness climate that will encourage that Why would we continue to want to be mission lines. investment to create the infrastructure dependent on the Middle East or Ven- How does it work? First, oil pipe- we need to move the energy from where ezuela or any other place that is an- lines. Right now, a Presidential na- it is produced to where it is consumed tagonistic or hostile toward our inter- tional interest determination is needed in the safest way possible—in the ests? We don’t. This is a national secu- for approval or authority to build an safest way possible—in the most eco- rity issue. It is an energy issue. It is a oil pipeline across the Canadian border. nomic way possible. job creation issue. It is an economic Of course, that is the problem we see That is what it is about, the best en- growth issue. And it is for darned sure with Keystone. That has been held up vironmental stewardship. Isn’t that a national security issue. Which is why now for 6 years. So this changes that what we all want? Obviously it is. But every time we ask the public about it, process for future projects. As I said, it if we don’t do this, where are we? Well, more than two-thirds say: Yes, build has already passed the House over- right now we are waiting 6 years for a that infrastructure. Build that Key- whelmingly—overwhelmingly. I think determination on the Keystone XL stone Pipeline. Let’s work with Can- it had pretty much all of the Repub- Pipeline. ada, our closest friend and ally in the lican votes and I think more than 50 Here is another example I will give, world, to get our energy. votes on the Democratic side. They had the Bakken North pipeline, a pipeline Look what is going on in Europe. very strong bipartisan support in the that goes from North Dakota to Cush- Look what is going on with Russia and House. ing, and they have been waiting for 11⁄2 Ukraine. Look at the situation a coun- What it does is it changes that ap- years on an ownership name change try such as Ukraine or the European proval process for crossing the border from the Department of State, 11⁄2 Union is in because of Russian aggres- with an oil pipeline, moving it to the years to change the name. Really? sion. Where do they get their energy? State Department. So the State De- Does that make sense to anybody? If it Where does Ukraine get its energy? partment will make that determina- takes that long for something that Where does the European Union get tion approving a cross-border transfer. simple, what do we do when we actu- their energy? They get a third or It will still be subject to the NEPA ally need to build this infrastructure more—from? Russia. Russia, the same

VerDate Sep 11 2014 03:24 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G16SE6.057 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE S5634 CONGRESSIONAL RECORD — SENATE September 16, 2014 country that is invading Ukraine, the Yes, we are better off today than we of our economy, part of the middle same country occupying Crimea and were 6 years ago when we were hem- class, and not end up in jail or dead the eastern part of Ukraine. orrhaging 700,000 jobs a month and the from overdoses of drugs. The situation Then when we try to get the Euro- Nation’s financial system was on the is so dire that there are studies out pean Union to join with us to push verge of collapse, but the truth is that there that tell us now that one out of back, what do they say? Geez, I don’t the economy for working families and every three African-American males know. We can’t, because Russia is lower income families today remains in born today, if we do not change this, going to cut off the gas and it is fall very difficult straits. The middle class will go to prison in his lifetime—one and it is getting colder. of this country—the backbone of this out of three. This is a crisis situation, Does that make sense to anybody? Is country—continues to disappear and and it is one that cannot be ignored. that the situation we want to be in? I more and more people are living in The legislation I have introduced think it is pretty compelling. Do we poverty. In fact, we have almost more today, along with Congressman JOHN want to be in a situation where we people living in poverty today than at CONYERS of Michigan, is called the Em- have to try to get oil out of the Middle any time in the history of this country, ploy Young Americans Now Act. This East with ISIL over there operating and all the while we are seeing more legislation will provide $5.5 billion in the way they are? I don’t think so. wealth and income inequality, such immediate funding to States and local- These issues are all interrelated, and that 95 percent of all new income gen- ities throughout the country to employ they are not short-term issues. We erated in America since the Wall 1 million young Americans between the can’t start building that infrastructure Street crash is going to the top 1 per- ages of 16 and 24 and provide job train- today and have it done tomorrow. cent. ing to hundreds of thousands of other These are billion-dollar investments. The fact is that real unemployment young Americans. Under our bill the They don’t cost the government a sin- in this country is not the ‘‘official’’ 6.1 U.S. Department of Labor would pro- gle penny, but they are billion-dollar percent we see on the front pages of vide $4 billion in grants to States and investments that private enterprise is newspapers. The truth is that if you local governments to provide summer willing to make and put people to count those people who have given up jobs and year-round employment op- work, provide that energy more safely, looking for work because they live in portunities for economically disadvan- more securely, with better environ- high-unemployment areas or the peo- taged youth, with direct links to aca- mental stewardship, and address our ple—and there are many of these—who demic and occupational learning. national security challenges. That type are working part time when they want There is another $1.5 billion in there to of energy plan is a long-term plan for to work full time, real unemployment provide such services as transportation this country, and it is one we need to is 12 percent. That is a crisis situation. or childcare, which would be necessary start now. As bad as that is, the unemployment to enable young Americans to partici- For six years we have been waiting rate is far worse for young Americans. pate in job opportunities. for a decision from the President on a Today the youth unemployment rate is I am very grateful this legislation multibillion dollar pipeline project 20 percent—20 percent. We all paid a lot has already been endorsed by the AFL– that will not only bring oil from Can- of attention to the tragedy in Fer- CIO, which is the largest labor union in ada to the United States but will move guson, MO, a few weeks ago, but what the country, representing some 13 mil- 100,000 barrels a day of oil from my was not discussed is that African- lion workers; the American Federation home State to refineries in this coun- American youth unemployment is 33 of State, County and Municipal Em- try, that by the State Department’s percent, and in many areas of the coun- ployees; the United Auto Workers; the own admission will create more than try it is even higher than that. Today United Steel Workers of America; the 40,000 jobs, that will create hundreds of over 5.5 million young people have ei- Campaign for America’s Future; and millions in tax revenue, that will help ther dropped out of high school or have the National Employment Law Project. us create energy security for our coun- graduated high school. And do you I thank Senator DEBBIE STABENOW of try, that will allow us to work with our know what they are doing? Nothing. Michigan for her support on this legis- closest friend and ally, Canada, rather They have no jobs. Many of them in lation as well. than telling them: No, we are not going Vermont and throughout this country We cannot continue to ignore the cri- to work with you. Send that oil to are hanging out on street corners and sis of youth unemployment in America. China. It is something the American many of them are getting into trouble. We are talking about the future of an people overwhelmingly want by about Maybe they are doing drugs, maybe entire generation. We are talking 70 percent in most of the polls that I they are involved in crime, but this I about the future of the United States guess is being held up by special inter- will tell you, and the statistics are of America. Let’s start focusing on this est groups. very clear on this: If you leave school— issue. Let’s give millions of young peo- This is about how we run this coun- either you drop out or you graduate ple the opportunity to earn a paycheck try. This is about who we work for. high school—and you don’t get a job in and to make it into the middle class. This is about having a long-term plan your first year, you don’t get a job in f to build the kind of energy future for your second year, you don’t get a job in SUBMITTED RESOLUTIONS America that I believe the American your third year, there is a strong like- people very much want. lihood you will never get a job, never Let’s go to work and pass this bipar- get a career, never make it to the mid- SENATE RESOLUTION 546—CON- tisan legislation. dle class, never be part of mainstream GRATULATING INDONESIA’S America. PRESIDENT-ELECT JOKO WIDODO By Mr. SANDERS (for himself Youth unemployment at 20 percent is ON HIS ELECTORAL VICTORY and Ms. STABENOW): clearly one of the reasons why in the AND COMMENDING THE PEOPLE S. 2832. A bill to provide for youth United States of America we have more OF INDONESIA ON THEIR COM- jobs, and for other purposes; to the people in jail today than any other MITMENT TO DEMOCRACY AND Committee on Health, Education, country on Earth. A lot of people don’t FREE AND FAIR ELECTIONS Labor, and Pensions. know that. China’s a great big country, Mr. WHITEHOUSE (for himself and Mr. SANDERS. Mr. President, if you a Communist authoritarian country. Mr. MCCAIN) submitted the following talk to the people in Vermont, and I Doesn’t China have more people in jail resolution; which was referred to the suspect in any other State in America, than we do? No. We have more people Committee on Foreign Relations: they will say the most serious crisis in jail than China. S. RES. 546 facing this country is the lack of de- I think the time is long overdue for cent-paying jobs, particularly when it us to start investing in our young peo- Whereas the United States and Indonesia are the world’s second and third largest de- comes to young Americans. This is an ple, helping them get the jobs they mocracies, respectively; issue we do not talk enough about, and need, helping them get the education Whereas the United States and Indonesia this is an issue on which we have to they need, helping them get the job share many common values, including re- focus. training they need so they can be part spect for human rights and the rule of law;

VerDate Sep 11 2014 04:32 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G16SE6.058 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE September 16, 2014 CONGRESSIONAL RECORD — SENATE S5635 Whereas in November 2010, the United tutions that do not yet meet the threshold of contribute positively to local communities States and Indonesia launched the U.S.-Indo- 25 percent Hispanic enrollment but serve a by supplying jobs and generating tax rev- nesia Comprehensive Partnership, which so- Hispanic student population of between 15 enue; lidified a long-term commitment to coopera- and 24 percent, grew to 270 colleges and uni- Whereas 93 percent of consumers in the tion on key bilateral, regional and global versities in 2012; United States agree that it is important to issues; Whereas Hispanic-Serving Institutions are support the small businesses in their com- Whereas the U.S.-Indonesia Comprehensive actively involved in stabilizing and improv- munities; and Partnership’s Democracy and Civil Society ing the communities in which the institu- Whereas November 29, 2014, is an appro- tions are located; Working Group promotes enhanced coopera- priate day to designate as ‘‘Small Business tion on parliamentary and electoral proc- Whereas celebrating the vast contributions Saturday’’: Now, therefore, be it esses and political empowerment for women; of Hispanic-Serving Institutions to the Whereas Indonesia, a regional and global United States strengthens the culture of the Resolved, That the Senate— leader, has undergone a remarkable demo- United States; and (1) designates November 29, 2014, as ‘‘Small cratic transformation over the last 2 dec- Whereas the achievements and goals of Business Saturday’’; and ades; Hispanic-Serving Institutions deserve na- (2) supports efforts— Whereas on July 9, 2014, approximately tional recognition: Now, therefore, be it (A) to encourage consumers to shop lo- 135,000,000 votes were cast in Indonesia’s Resolved, That the Senate— cally; and presidential election, which was the largest (1) recognizes the achievements and goals (B) to increase awareness of the value of single day election in the world to date; of Hispanic-Serving Institutions across the locally owned small businesses and the im- Whereas on July 22, 2014, Joko Widodo was United States; pact of locally owned small businesses on the (2) designates the week beginning Sep- declared the winner in Indonesia’s presi- economy of the United States. dential election; and tember 14, 2014, as ‘‘National Hispanic-Serv- Whereas Indonesia, with its vast geog- ing Institutions Week’’; and raphy, large multi-ethnic population, and (3) calls on the people of the United States f largest Muslim majority population in the and interested groups to observe the week world, is a powerful model for a peaceful, with appropriate ceremonies, activities, and SENATE RESOLUTION 549—DESIG- democratic transition of power: Now, there- programs to demonstrate support for His- NATING OCTOBER 26, 2014, AS panic-Serving Institutions. fore, be it DAY OF THE DEPLOYED Resolved, That the Senate— f (1) congratulates Indonesia’s President- Mr. HOEVEN (for himself, Mr. ROB- elect Joko Widodo on his electoral victory; SENATE RESOLUTION 548—DESIG- (2) commends the people of Indonesia on NATING NOVEMBER 29, 2014, AS ERTS, Ms. HEITKAMP, Mr. MCCONNELL, their commitment to democracy and free ‘‘SMALL BUSINESS SATURDAY’’ and Mr. BLUNT) submitted the fol- and fair elections; AND SUPPORTING EFFORTS TO lowing resolution; which was consid- (3) affirms the commitment of the United INCREASE AWARENESS OF THE ered and agreed to: States to strengthening our bilateral rela- VALUE OF LOCALLY OWNED tionship with Indonesia; SMALL BUSINESSES S. RES. 549 (4) supports the advancement of an inclu- Whereas more than 2,500,000 individuals sive democracy and an active role for civil Ms. CANTWELL (for herself, Mr. serve as members of the United States society in Indonesia; and RISCH, Mr. WHITEHOUSE, Mr. RUBIO, Armed Forces; (5) recognizes Indonesia’s 2014 presidential Mrs. HAGAN, Mrs. SHAHEEN, Mr. LEVIN, Whereas several hundred thousand mem- election as an example of a peaceful, demo- Mr. PORTMAN, Mr. PRYOR, Mr. KING, bers of the Armed Forces rotate each year cratic transition of power for other trans- Ms. HIRONO, Mr. UDALL of New Mexico, through deployments to 150 countries in formational democracies throughout the Mr. CARPER, Mr. BARRASSO, Mr. MUR- every region of the world; world to follow. PHY, Mr. BENNET, Mr. WARNER, Mr. Whereas more than 2,500,000 members of f KIRK, Mr. BEGICH, Mr. CRAPO, Mrs. the Armed Forces have deployed to the area MURRAY, Mr. COONS, Mr. MENENDEZ, of operations of the United States Central SENATE RESOLUTION 547—DESIG- Mr. SCHATZ, Mr. JOHNSON of South Da- Command since the September 11, 2001, ter- NATING THE WEEK BEGINNING kota, Mr. ROBERTS, Mr. TESTER, Ms. rorist attacks; SEPTEMBER 14, 2014, AS NA- AYOTTE, Mr. UDALL of Colorado, Mr. Whereas the United States is kept strong TIONAL HISPANIC-SERVING IN- ENZI, Mr. MANCHIN, Mr. BOOZMAN, Mrs. and free by the loyal military personnel from STITUTIONS WEEK BOXER, Mr. JOHNSON of Wisconsin, Mr. the total force (the regular components and Mr. MENENDEZ (for himself, Mr. HOEVEN, Ms. LANDRIEU, Mr. HATCH, Mr. the National Guard and the Reserves), who REID of Nevada, Mr. CORNYN, Mr. ISAKSON, Ms. KLOBUCHAR, Mr. DON- protect the precious heritage of the country RUBIO, Mr. BEGICH, Mr. BENNET, Mr. NELLY, Mr. CHAMBLISS, Mrs. FISCHER, through their positive declaration and ac- tions; BOOKER, Mrs. BOXER, Mr. CASEY, Mr. Mr. SCOTT, Mr. THUNE, Ms. HEITKAMP, Whereas members of the Armed Forces COONS, Mr. DURBIN, Mrs. FEINSTEIN, and Mr. CARDIN) submitted the fol- lowing resolution; which was consid- serving at home and abroad have coura- Mrs. GILLIBRAND, Mr. HEINRICH, Mr. geously answered the call to duty to defend ered and agreed to: LEVIN, Mr. MARKEY, Mrs. MURRAY, Mr. the ideals of the United States and to pre- NELSON, Mr. REED of Rhode Island, Mr. S. RES. 548 serve peace and freedom around the world; SCHUMER, Mr. UDALL of Colorado, Mr. Whereas there are 28,200,000 small busi- Whereas members of the Armed Forces per- UDALL of New Mexico, Mr. WARNER, nesses in the United States; sonify the virtues of patriotism, service, and Mr. HELLER) submitted the fol- Whereas small businesses represent 99.7 duty, courage, and sacrifice; lowing resolution; which was consid- percent of all businesses with employees in Whereas the families of members of the ered and agreed to: the United States; Armed Forces make important and signifi- Whereas small businesses employ over 48 cant sacrifices for the United States; and S. RES. 547 percent of the employees in the private sec- Whereas the Senate designated October 26 Whereas Hispanic-Serving Institutions are tor in the United States; as ‘‘Day of the Deployed’’ in 2011, 2012, and degree-granting institutions that have a full- Whereas small businesses pay over 42 per- time equivalent undergraduate enrollment of cent of the total payroll of the employees in 2013: Now, therefore, be it at least 25 percent Hispanic students; the private sector in the United States; Resolved, That the Senate— Whereas Hispanic-Serving Institutions Whereas small businesses constitute 98 per- (1) designates October 26, 2014, as ‘‘Day of play an important role in educating many cent of firms exporting goods; the Deployed’’; underprivileged students and helping those Whereas small businesses are responsible (2) honors the deployed members of the students attain their full potential through for more than 46 percent of private sector United States Armed Forces and their fami- higher education; output; lies; Whereas 370 Hispanic-Serving Institutions Whereas small businesses generated 63 per- (3) calls on the people of the United States operate in the United States; cent of net new jobs created from 1993 to reflect on the service of those members of Whereas Hispanic-Serving Institutions rep- through 2013; the Armed Forces, wherever they serve, past, resent just 11 percent of all institutions of Whereas 87 percent of consumers in the present, and future; and higher learning, yet serve nearly 60 percent United States agree that the success of small (4) encourages the people of the United of all Hispanic students, enrolling more than businesses is critical to the overall economic States to observe Day of the Deployed with 1,500,000 Hispanic students in 2012; health of the United States; Whereas the number of ‘‘emerging His- Whereas 89 percent of consumers in the appropriate ceremonies and activities. panic-Serving Institutions,’’ defined as insti- United States agree that small businesses

VerDate Sep 11 2014 04:32 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A16SE6.049 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE S5636 CONGRESSIONAL RECORD — SENATE September 16, 2014 SENATE RESOLUTION 550—COM- AMENDMENTS SUBMITTED AND President may award the Medal of Honor MEMORATING THE 200TH ANNI- PROPOSED under section 3741 of such title to William VERSARY OF ‘‘THE STAR-SPAN- Shemin for the acts of valor during World SA 3812. Mr. BLUNT submitted an amend- War I described in subsection (b). GLED BANNER’’ ment intended to be proposed by him to the (b) ACTS OF VALOR DESCRIBED.—The acts of bill S. 2410, to authorize appropriations for valor referred to in subsection (a) are the ac- Mr. CARDIN (for himself and Ms. MI- fiscal year 2015 for military activities of the tions of William Shemin while serving as a KULSKI) submitted the following resolu- Department of Defense, for military con- Rifleman with G Company, 2d Battalion, tion; which was considered and agreed struction, and for defense activities of the 47th Infantry Regiment, 4th Division, Amer- to: Department of Energy, to prescribe military ican Expeditionary Forces, in connection personnel strengths for such fiscal year, and with combat operations against an armed S. RES. 550 for other purposes; which was ordered to lie enemy on the Vesle River, near Bazoches, Whereas during the War of 1812, Great Brit- on the table. France, from August 7 to August 9, 1918, dur- ain turned its full attention to the war effort SA 3813. Mr. WICKER submitted an amend- ing World War I for which he was originally in North America following its defeat of Na- ment intended to be proposed by him to the awarded the Distinguished Service Cross. poleon’s armies on the European continent bill S. 2410, supra; which was ordered to lie in April 1814; on the table. SA 3813. Mr. WICKER submitted an Whereas British forces dealt a devastating SA 3814. Mr. TOOMEY submitted an amendment intended to be proposed by blow to the forces of the United States at the amendment intended to be proposed by him him to the bill S. 2410, to authorize ap- Battle of Bladensburg and were, as a con- to the bill S. 2410, supra; which was ordered propriations for fiscal year 2015 for sequence, able to march into Washington, to lie on the table. military activities of the Department D.C. unopposed and, on August 24, 1814, burn SA 3815. Mr. BOOZMAN submitted an of Defense, for military construction, the United States Capitol Building, the Ex- amendment intended to be proposed by him and for defense activities of the De- ecutive Mansion, now known as the White to the bill S. 2410, supra; which was ordered partment of Energy, to prescribe mili- House, and other government buildings; to lie on the table. SA 3816. Mr. BOOZMAN submitted an tary personnel strengths for such fiscal Whereas on September 13, 1814, with the year, and for other purposes; which was fate of the Nation uncertain, Fort McHenry amendment intended to be proposed by him in Baltimore, Maryland, withstood 25 hours to the bill S. 2410, supra; which was ordered ordered to lie on the table; as follows: of bombardment by the British Royal Navy; to lie on the table. At the end of title XXXV, add the fol- Whereas on the following morning, the sol- SA 3817. Mr. RISCH submitted an amend- lowing: diers of Fort McHenry hoisted an enormous ment intended to be proposed by him to the SEC. 3502. AUTHORITY TO ACCEPT A GIFT FROM American flag, the sight of which inspired bill S. 2410, supra; which was ordered to lie THE USMMA ALUMNI ASSOCIATION AND FOUNDATION. Francis Scott Key to write a poem he titled on the table. (a) IN GENERAL.—Pursuant to section 51315 ‘‘The Star-Spangled Banner’’; SA 3818. Mr. TOOMEY submitted an of title 46, United States Code, the Maritime Whereas on December 24, 1814, American amendment intended to be proposed by him to the bill S. 2410, supra; which was ordered Administrator may accept a gift of money and British commissioners signed the Treaty from the United States Merchant Marine of Ghent, which would be ratified the fol- to lie on the table. SA 3819. Mr. HATCH submitted an amend- Academy Alumni Foundation, Inc. (also lowing February, bringing the War of 1812 to known as the USMMA Alumni Association an end and firmly establishing the United ment intended to be proposed by him to the bill S. 2410, supra; which was ordered to lie and Foundation) for the purpose of ren- States of America as a sovereign nation ovating Melville Hall on the campus of the on the table. within the family of nations; United States Merchant Marine Academy. SA 3820. Ms. HEITKAMP (for Mr. CARPER Whereas on March 3, 1931, President Her- (b) CONTRACT.—If the Maritime Adminis- bert Hoover signed Public Law 71–823, desig- (for himself, Mr. COBURN, Mrs. MCCASKILL, trator accepts a gift authorized by sub- nating ‘‘The Star-Spangled Banner’’ as the and Mr. WARNER)) proposed an amendment section (a), the Administrator shall enter national anthem of the United States; to the bill H.R. 4194, to provide for the elimi- into a contract with the United States Mer- Whereas ‘‘The Star-Spangled Banner’’ was nation or modification of Federal reporting chant Marine Alumni Foundation, Inc. for written to celebrate American courage at a requirements. the operation of Melville Hall and for the time when the torch of liberty looked as if it SA 3821. Ms. HEITKAMP (for Ms. WARREN purpose of official academy functions, third were about to be extinguished; (for herself, Mr. PORTMAN, Mr. BEGICH, Mr. party catering functions, industry events, Whereas singing the national anthem at ENZI, and Mr. TESTER)) proposed an amend- and conferences. large public gatherings, such as sporting ment to the bill S. 2117, to amend title 5, events, brings patriotic unity to the great United States Code, to change the default in- SA 3814. Mr. TOOMEY submitted an melting pot known as the United States of vestment fund under the Thrift Savings amendment intended to be proposed by America; Plan, and for other purposes. him to the bill S. 2410, to authorize ap- Whereas our national anthem has become SA 3822. Ms. HEITKAMP (for Mr. UDALL of propriations for fiscal year 2015 for an enduring symbol of ‘‘the land of the free New Mexico) proposed an amendment to the military activities of the Department and the home of the brave’’; bill S. 2440, to expand and extend the pro- gram to improve permit coordination by the of Defense, for military construction, Whereas the people of the United States and for defense activities of the De- are celebrating the bicentennial of ‘‘The Bureau of Land Management, and for other Star-Spangled Banner’’ with a variety of purposes. partment of Energy, to prescribe mili- commemorative events nationwide during f tary personnel strengths for such fiscal the week of September 10 through 16, 2014, year, and for other purposes; which was including the ‘‘O Say Can You See! Star- TEXT OF AMENDMENTS ordered to lie on the table; as follows: Spangled Spectacular’’ festival in Baltimore SA 3812. Mr. BLUNT submitted an At the end of subtitle H of title X, add the on September 13, 2014, which included con- amendment intended to be proposed by following: certs and an extraordinary fireworks display him to the bill S. 2410, to authorize ap- SEC. 1087. INTEGRATED PLAN ON SPACE LAUNCH over Fort McHenry and the Baltimore har- propriations for fiscal year 2015 for ACTIVITIES OF THE FEDERAL GOV- bor; and ERNMENT. Whereas it is especially important to edu- military activities of the Department (a) PLAN REQUIRED.—The Secretary of De- cate young people and new citizens of the of Defense, for military construction, fense and the Administrator of the National United States about the history and meaning and for defense activities of the De- Aeronautics and Space Administration shall of the national anthem: Now, therefore, be it partment of Energy, to prescribe mili- jointly, in coordination with the National Security Council, the Director of the Office Resolved, That— tary personnel strengths for such fiscal year, and for other purposes; which was of Science and Technology Policy, and the (1) the Senate designates the period from heads of other appropriate agencies of the September 2014 through September 2015 as ordered to lie on the table; as follows: Federal Government, develop a plan (to be the ‘‘Year of National Thanksgiving for ‘The At the end of subtitle F of title V, add the known as the ‘‘Integrated Federal Space Star-Spangled Banner’ ’’; following: Launch Plan’’) to achieve the effective plan- (2) the Senate encourages all State and SEC. 562. AUTHORIZATION FOR AWARD OF THE ning, coordination, and execution of the ci- local governments and the people of the MEDAL OF HONOR TO WILLIAM vilian and national security space launch ac- United States to observe this period of SHEMIN FOR ACTS OF VALOR DUR- tivities of the Federal Government in order thanksgiving with appropriate ceremonies, ING WORLD WAR I. to ensure that the mission needs of the Fed- activities, educational outreach, and reflec- (a) WAIVER OF TIME LIMITATIONS.—Not- eral Government for reliable, timely, and af- tion; and withstanding the time limitations specified fordable access to space are met in a cost-ef- (3) it is the sense of the Senate that ‘‘The in section 3744 of title 10, United States fective manner. Star-Spangled Banner’’ shall retain all cur- Code, or any other time limitation with re- (b) ELEMENTS OF PLAN.—The plan devel- rent verses and remain our national anthem spect to the awarding of certain medals to oped under subsection (a) shall include, at a in perpetuity. persons who served in the Armed Forces, the minimum, the following:

VerDate Sep 11 2014 04:32 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A16SE6.053 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE September 16, 2014 CONGRESSIONAL RECORD — SENATE S5637 (1) An estimate of the anticipated annual ‘‘(3) the recipient firefighting agency ac- each appropriate combatant command, shall space launch demand of the Federal Govern- cepts full responsibility for compliance of submit to the appropriate committees of ment during the 10 fiscal years beginning the property after transfer with all applica- Congress an assessment of all potential in- with the fiscal year beginning in the year in ble emission requirements and regulations;’’; telligence collection implications of any new which the plan is developed. (2) in subsection (c), by striking ‘‘sub- aircraft or sensor proposed to be deployed by (2) A description of the capabilities re- section (b)(4)’’ and inserting ‘‘subsection the Russian Federation under the Open Skies quired to meet the demand estimated for (b)(5)’’; Treaty not later than 30 days prior to the purposes of paragraph (1). (3) by redesignating subsection (d) as sub- date of the intended approval of such aircraft (3) A description of the acquisition plans of section (e); and or sensor by the United States. each Federal agency covered by the plan for (4) by inserting after subsection (c) the fol- (b) DEFINITIONS.—In this section: purposes of meeting the demand estimated lowing new subsection (d): (1) APPROPRIATE COMMITTEES OF CON- for purposes of paragraph (1). ‘‘(d) NO PROHIBITION OR DELAY IN TRANSFER GRESS.—The term ‘‘appropriate committees (4) An identification and assessment of op- FOR NONCOMPLIANCE WITH EMISSION REQUIRE- of Congress’’ means— portunities for coordination among Federal MENTS.—The transfer of personal property (A) the congressional defense committees; agencies in space launch acquisition efforts, under this section shall not be prohibited or (B) the Select Committee on Intelligence and a summary of the lessons learned by the delayed by reason of the failure of such prop- and the Committee on Foreign Relations of Department of Defense and the National Aer- erty to comply with applicable emission re- the Senate; and onautics and Space Administration regard- quirements or regulations at the time of (C) the Permanent Select Committee on ing their launch service programs. transfer.’’. Intelligence and the Committee on Foreign (5) An assessment whether the Department (b) TREATMENT OF CERTAIN AIRPORTS AS Affairs of the House of Representatives. of Defense is currently achieving assured ac- FIREFIGHTING AGENCIES.—Paragraph (2) of (2) OPEN SKIES TREATY.—The term ‘‘Open cess to space with its space launch in a man- subsection (e) of such section, as redesig- Skies Treaty’’ means the Treaty on Open ner consistent with the provisions of section nated by subsection (a)(3) of this section, is Skies, done at Helsinki March 24, 1992, and 2273 of title 10, United States Code. amended by inserting before the period at entered into force January 1, 2002. (c) SUBMITTAL OF PLAN TO CONGRESS.— the end the following: ‘‘, including an airport (1) IN GENERAL.—Not later than 180 days or airport authority that is required by law SA 3818. Mr. TOOMEY submitted an after the date of the enactment of this Act, to maintain firefighting assets on site’’. amendment intended to be proposed by the Secretary and the Administrator shall him to the bill S. 2410, to authorize ap- jointly submit the plan developed under sub- SA 3816. Mr. BOOZMAN submitted an propriations for fiscal year 2015 for section (a) to the appropriate committees of amendment intended to be proposed by military activities of the Department Congress. him to the bill S. 2410, to authorize ap- (2) FORM.—The plan shall be submitted in of Defense, for military construction, propriations for fiscal year 2015 for and for defense activities of the De- unclassified form, but may include a classi- military activities of the Department fied annex. partment of Energy, to prescribe mili- of Defense, for military construction, (d) COMPTROLLER GENERAL OF THE UNITED tary personnel strengths for such fiscal STATES ASSESSMENT.—The Comptroller Gen- and for defense activities of the De- year, and for other purposes; which was eral of the United States shall submit to the partment of Energy, to prescribe mili- ordered to lie on the table; as follows: appropriate committees of Congress a report tary personnel strengths for such fiscal At the end of subtitle H of title X, add the setting forth an assessment of the adequacy year, and for other purposes; which was following: of the plan developed under subsection (a), ordered to lie on the table; as follows: including the extent to which the plan in- SEC. 1087. DEPARTMENT OF VETERANS AFFAIRS At the end of subtitle A of title I, add the cludes the launch needs and capabilities of STUDY ON MATTERS RELATING TO following: BURIAL OF UNCLAIMED REMAINS OF the civilian agencies and the national secu- Subtitle B—Army Programs VETERANS IN NATIONAL CEME- rity agencies of the Federal Government. TERIES. (e) APPROPRIATE COMMITTEES OF CONGRESS SEC. 111. ARMY NATIONAL GUARD UH–60A MOD- (a) STUDY AND REPORT REQUIRED.—Not DEFINED.—In this section, the term ‘‘appro- ERNIZATION. later than one year after the date of the en- priate committees of Congress’’ means— (a) PLAN FOR MODERNIZATION.—Not later actment of this Act, the Secretary of Vet- (1) the Committee on Armed Services, the than 180 days after the date of the enactment erans Affairs shall— Committee on Commerce, Science, and of this Act, the Secretary of the Army shall (1) complete a study on matters relating to Transportation, the Committee on Appro- submit to the congressional defense commit- the interring of unclaimed remains of vet- priations, the Committee on the Budget, and tees a prioritized plan for modernizing the erans in national cemeteries under the con- the Select Committee on Intelligence of the Army National Guard’s entire fleet of UH– trol of the National Cemetery Administra- Senate; and 60A Black Hawk helicopters. tion; and (2) the Committee on Armed Services, the (b) ELEMENTS.—The report required under (2) submit to Congress a report on the find- Committee on Science, Space, and Tech- subsection (a) shall include the following ele- ings of the Secretary with respect to the nology, the Committee on Appropriations, ments: study required under paragraph (1). the Committee on the Budget, and the Per- (1) A detailed timeline for the moderniza- (b) MATTERS STUDIED.—The matters stud- manent Select Committee on Intelligence of tion of the Army National Guard’s entire ied under subsection (a)(1) shall include the the House of Representatives. fleet of UH–60A helicopters. following: (2) A description of the number of UH–60L, (1) Determining the scope of issues relating SA 3815. Mr. BOOZMAN submitted an UH–60L Digital, and UH–60M aircraft that to unclaimed remains of veterans, including amendment intended to be proposed by the Army National Guard will possess upon an estimate of the number of unclaimed re- him to the bill S. 2410, to authorize ap- completion of the modernization plan. mains of veterans. propriations for fiscal year 2015 for (3) A description of the cost, by year, asso- (2) Assessing the effectiveness of the proce- ciated with the modernization plan. military activities of the Department dures of the Department of Veterans Affairs for working with persons or entities having of Defense, for military construction, SA 3817. Mr. RISCH submitted an and for defense activities of the De- custody of unclaimed remains to facilitate amendment intended to be proposed by interment of unclaimed remains of veterans partment of Energy, to prescribe mili- him to the bill S. 2410, to authorize ap- in national cemeteries under the control of tary personnel strengths for such fiscal propriations for fiscal year 2015 for the National Cemetery Administration. year, and for other purposes; which was military activities of the Department (3) Assessing State and local laws that af- ordered to lie on the table; as follows: of Defense, for military construction, fect the ability of the Secretary to inter un- At the end of subtitle E of title III, add the and for defense activities of the De- claimed remains of veterans in national following: partment of Energy, to prescribe mili- cemeteries under the control of the National Cemetery Administration. SEC. 343. ENHANCEMENT OF AUTHORITIES RE- tary personnel strengths for such fiscal LATING TO TRANSFER OF DEPART- (4) Developing recommendations for such MENT OF DEFENSE FIREFIGHTING year, and for other purposes; which was legislative or administrative action as the PROPERTY TO FIREFIGHTING AGEN- ordered to lie on the table; as follows: Secretary considers appropriate. CIES. At the end of subtitle D of title XII, add (c) METHODOLOGY.— (a) COMPLIANCE OF PROPERTY WITH EMIS- the following: (1) NUMBER OF UNCLAIMED REMAINS.—In es- SION REQUIREMENTS.—Section 2576b of title SEC. 1268. ASSESSMENT OF THE DEPLOYMENT OF timating the number of unclaimed remains 10, United States Code, is amended— A NEW AIRCRAFT OR SENSOR BY of veterans under subsection (b)(1), the Sec- (1) in subsection (b)— THE RUSSIAN FEDERATION UNDER retary may review such subset of applicable (A) by redesignating paragraphs (3) and (4) THE TREATY ON OPEN SKIES. entities as the Secretary considers appro- as paragraphs (4) and (5), respectively; and (a) NOTIFICATION.—The Director of Na- priate, including a subset of funeral homes (B) by inserting after paragraph (2) the fol- tional Intelligence, in conjunction with the and coroner offices that posses unclaimed lowing new paragraph (3): Joint Chiefs of Staff and the commander of veterans remains.

VerDate Sep 11 2014 04:32 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A16SE6.057 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE S5638 CONGRESSIONAL RECORD — SENATE September 16, 2014

(2) ASSESSMENT OF STATE AND LOCAL commenced before the date of enactment of (c) EMERGENCY ACCESS AND RESPONSE.— LAWS.—In assessing State and local laws this Act shall be allowed to continue, subject Nothing in this section precludes the con- under subsection (b)(3), the Secretary may to such reasonable regulations, policies, and tinuation of the memorandum of under- assess such sample of applicable State and practices as the Secretary considers to be standing that is between the Department of local laws as the Secretary considers appro- necessary. the Interior and the Department of the Air priate in lieu of reviewing all applicable (B) LEVEL.—As the Secretary determines Force with respect to emergency access and State and local laws. to be necessary to allow the appropriate use response, as in existence as of the date of en- of resources, the Secretary may adjust the actment of this Act. SA 3819. Mr. HATCH submitted an level of grazing authorized under subpara- (d) EFFECT ON LIMITATION ON AMENDMENTS amendment intended to be proposed by graph (A), as measured in animal unit TO CERTAIN INDIVIDUAL RESOURCE MANAGE- him to the bill S. 2410, to authorize ap- months. MENT PLANS.—Nothing in this subtitle af- (3) MITIGATION.—To mitigate the loss of fects the limitation established under sec- propriations for fiscal year 2015 for tion 2815(d) of the National Defense Author- military activities of the Department new grazing leases or permits on the land withdrawn by subsection (a), the Secretary ization Act for Fiscal Year 2000 (Public Law of Defense, for military construction, may issue new grazing leases or permits on 106–65; 113 Stat. 852). and for defense activities of the De- other Federal land not withdrawn by that SEC. 1713. ANALYSIS OF MILITARY READINESS partment of Energy, to prescribe mili- subsection. AND OPERATIONAL IMPACTS IN LAND USE PLANS FOR FEDERAL tary personnel strengths for such fiscal (e) PAYMENTS IN LIEU OF TAXES.—The land withdrawn by subsection (a) shall remain eli- LAND IN UTAH TEST AND TRAINING year, and for other purposes; which was RANGE. gible as entitlement land under section 6901 ordered to lie on the table; as follows: (a) IN GENERAL.—The Secretary, in con- of title 31, United States Code. sultation with the Secretary of Defense, At the end of division A, add the following: (f) TEMPORARY CLOSURE TO PUBLIC.— shall develop, maintain, and revise land use TITLE XVII—UTAH TEST AND TRAINING (1) IN GENERAL.—If the Secretary of the Air plans under section 202 of the Federal Land RANGE Force determines that military operations, Policy and Management Act of 1976 (43 U.S. public safety, or national security require SEC. 1701. DEFINITIONS. C. 1712) with respect to Federal land located the temporary closure to public use of any In this title: in the Utah Test and Training Range. (1) SECRETARY.—The term ‘‘Secretary’’ road, trail, or other portion of the land with- (b) REQUIREMENTS.—Not later 180 days means the Secretary of the Interior. drawn by subsection (a), the Secretary of the after receiving a request from the Secretary (2) STATE.—The term ‘‘State’’ means the Air Force may take such action as the Sec- of the Interior relating to a revision to a State of Utah. retary of the Air Force determines necessary land use plan under subsection (a), the Sec- (3) UTAH TEST AND TRAINING RANGE.— to carry out the temporary closure. retary of Defense, as part of the required (A) IN GENERAL.—The term ‘‘Utah Test and (2) LIMITATIONS.—Any temporary closure consultation with respect to land use plans, Training Range’’ means the portions of the under paragraph (1) shall be limited to the shall submit to the Secretary an analysis of military operating area of the Utah Test and minimum areas and periods during which the the military readiness and operational im- Training Area that are located in the State. Secretary of the Air Force determines are re- pacts of the proposed revision to the applica- (B) INCLUSION.—The term ‘‘Utah Test and quired to carry out a closure under this sub- ble land use plan. Training Range’’ includes the Dugway Prov- section. Subtitle B—Land Exchange ing Ground. (3) NOTICE.—Before and during any tem- porary closure under this subsection, the SEC. 1721. FINDINGS AND PURPOSE. Subtitle A—Withdrawal and Overflights (a) FINDINGS.—Congress finds that— Secretary of the Air Force shall— (1) the State owns approximately 68,057 SEC. 1711. WITHDRAWAL AND RESERVATION OF (A) keep appropriate warning notices post- acres of land and approximately ø ¿ CERTAIN LAND FOR THE SEC- ed; and lllll RETARY OF THE AIR FORCE. acres of mineral interests located within the (B) take appropriate steps to notify the (a) WITHDRAWAL.—Subject to valid existing Utah Test and Training Range in Box Elder, public concerning the temporary closure. rights, the Federal land (including the inter- (g) BOUNDARY ADJUSTMENT.—The boundary Tooele, and Juab Counties, Utah; ests in Federal land) described in subsection of the land withdrawn by subsection (a) shall (2) the State owns approximately 68,057 (b) is withdrawn from all forms of appropria- be adjusted as necessary to ensure access to acres of land and approximately 4,520 acres tion under the public land laws, including the Secretary for the purposes described in of mineral interests located wholly or par- the mining laws, the mineral leasing laws, subsection (c)(2). tially within the Cedar Mountains Wilder- and the geothermal leasing laws. (h) WITHDRAWAL AND RESERVATION.—The ness in Tooele County, Utah; (b) DESCRIPTION OF LAND.—The Federal withdrawal and reservation made by this (3) the parcels of State land described in land (including the interests in land) re- section shall not terminate— paragraphs (1) and (2)— ferred to in subsection (a) is the Bureau of (1) other than by an election and deter- (A) were granted by Congress to the State Land Management land comprising approxi- mination of the Secretary of the Air Force; pursuant to the Act of July 16, 1894 (28 Stat. mately 625,643 acres in the State, as gen- or 107, chapter 138), to be held in trust for the erally depicted on the map entitled (2) until such time as the Secretary can benefit of the public school system and other ølllll¿, numbered øllll¿, and dated permanently transfer administrative juris- public institutions of the State; and øllllll¿. diction of the land withdrawn and reserved (B) are largely scattered in checkerboard (c) RESERVATION FOR SECRETARY OF THE by this section to the Secretary of the Air fashion among Federal land; AIR FORCE; SECRETARY OF THE INTERIOR.— Force. (4) continued State ownership and develop- The land withdrawn by subsection (a) is re- SEC. 1712. MILITARY OPERATIONS AND OVER- ment of State trust land within the Utah served— FLIGHTS IN UTAH TEST AND TRAIN- Test and Training Range and the Cedar (1) for use by the Secretary of the Air ING RANGE. Mountains Wilderness is incompatible with— Force for— (a) FINDINGS.—Congress finds that— (A) the critical national defense uses of the (A) the enhancement of the Utah Test and (1) the testing and development of military Utah Test and Training Range; and Training Range; weapons systems and the training of mili- (B) the Federal management of the Cedar (B) the testing of— tary forces are critical to ensuring the na- Mountains Wilderness; and (i) 5th generation weapon systems; and tional security of the United States; (5) it is in the public interest of the United (ii) the standoff distance for weapons; (2) the Utah Test and Training Range is a States to acquire in a timely manner all (C) the testing and evaluation of unique and irreplaceable national asset at State trust land within the Utah Test and hypersonic weapons; the core of the test and training mission of Training Range and the Cedar Mountains (D) other purposes related to meeting na- the Department of Defense; and Wilderness, in exchange for the conveyance tional security needs; and (3) continued access to the special use air- of the Federal land to the State, in accord- (2) for use by the Secretary for— space and land that comprise the Utah Test ance with the terms and conditions described (A) public recreation— and Training Range, under the terms and in this subtitle. (i) during any period in which the land is conditions described in this section— (b) PURPOSE.—It is the purpose of this sub- not being used for military training; and (A) is a national security priority; and title to direct, facilitate, and expedite the (ii) as determined to be suitable for public (B) is compatible with the protection and exchange of certain Federal land and non- use; and proper management of the natural, environ- Federal land between the United States and (B) the conservation of natural resources. mental, cultural, and other resources of the the State. (d) GRAZING.— land. SEC. 1722. DEFINITIONS. (1) NO NEW GRAZING LEASES OR PERMITS.— (b) SPECIAL USE AIRSPACE AND TRAINING In this subtitle: The Secretary shall not issue any new graz- ROUTES.—Nothing in this subtitle pre- (1) EXCHANGE MAP.—The term ‘‘Exchange ing lease or permit on the land withdrawn by cludes— Map’’ means the map prepared by the Bureau subsection (a). (1) the designation of new units of special of Land Management entitled ‘‘Utah Test (2) EXISTING GRAZING LEASES OR PERMITS.— use airspace; or and Training Range Enhancement/Cedar (A) IN GENERAL.—Any grazing of livestock (2) the expansion of existing units of spe- Mountains Wilderness Land Exchange’’ and on the land withdrawn by subsection (a) that cial use airspace. dated øllllllll, 2014¿.

VerDate Sep 11 2014 04:32 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A16SE6.056 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE September 16, 2014 CONGRESSIONAL RECORD — SENATE S5639

(2) FEDERAL LAND.—The term ‘‘Federal (2) the date that is 180 days after the date SEC. 1725. HAZARDOUS MATERIALS. land’’ means the Bureau of Land Manage- of completion of the dispute resolution proc- (a) COSTS.—Except as provided in sub- ment land located in Millard, Juab, Tooele, ess authorized under subsection (d)(5). section (b), the costs of remedial actions re- and Beaver Counties, Utah, that is identified (f) PUBLIC INSPECTION AND NOTICE.— lating to hazardous materials on land ac- on the Exchange Map as ‘‘BLM Lands Pro- (1) PUBLIC INSPECTION.—At least 30 days be- quired under this subtitle shall be paid by posed for Transfer to State Trust Lands’’. fore the date of conveyance of the Federal those entities responsible for the costs under (3) NON-FEDERAL LAND.—The term ‘‘non- land and non-Federal land, all final apprais- applicable law. Federal land’’ means the land owned by the als and appraisal reviews for land to be ex- (b) REMEDIATION OF PRIOR TESTING AND State in Box Elder, Tooele, and Juab Coun- changed under this section shall be available TRAINING ACTIVITY.—The United States shall ties, Utah, that is identified on the Exchange for public review at the office of the State bear all costs of evaluation, management, Map as— Director of the Bureau of Land Management and remediation caused by the previous test- (A) ‘‘State Trust Land Proposed for Trans- in the State of Utah. ing of military weapons systems and the fer to BLM’’; and (2) NOTICE.—The Secretary or the State, as training of military forces on non-Federal (B) ‘‘State Trust Minerals Proposed for applicable, shall publish in a newspaper of land to be conveyed to the United States Transfer to BLM’’. general circulation in Salt Lake County, under this subtitle. (4) STATE.—The term ‘‘State’’ means the Utah, a notice that the appraisals conducted Subtitle C—Amendments to the Military State of Utah, acting through the School and under subsection (d) are available for public Lands Withdrawal Act of 1999 Institutional Trust Lands Administration. inspection. SEC. 1731. AMENDMENTS. SEC. 1723. EXCHANGE OF FEDERAL LAND AND (g) EQUAL VALUE EXCHANGE.— (a) TERMINATION.—Section 3015 of the Mili- NON-FEDERAL LAND. (1) IN GENERAL.—The value of the Federal tary Lands Withdrawal Act of 1999 (Public (a) IN GENERAL.—If the State offers to con- land and non-Federal land to be exchanged Law 106–65; 113 Stat. 892) is amended by vey to the United States title to the non- under this section— striking subsection (a) and inserting the fol- Federal land, the Secretary shall— (A) shall be equal; or lowing: (1) accept the offer; and (B) shall be made equal in accordance with ‘‘(a) TERMINATION.—The withdrawal and (2) on receipt of all right, title, and inter- paragraph (2). reservation of land by section 3011 shall not est in and to the non-Federal land, convey to (2) EQUALIZATION.— terminate other than by an election and de- the State all right, title, and interest of the (A) SURPLUS OF FEDERAL LAND.— termination of the Secretary of the military United States in and to the Federal land. (i) IN GENERAL.—If the value of the Federal department concerned or until such time as (b) VALID EXISTING RIGHTS.—The exchange land exceeds the value of the non-Federal the Secretary of the Interior may perma- authorized under subsection (a) shall be sub- land, the value of the Federal land and non- nently transfer administrative jurisdiction ject to valid existing rights. Federal land shall be equalized by the State of the land withdrawn and reserved by that (c) TITLE APPROVAL.—Title to the Federal conveying to the United States State trust land and non-Federal land to be exchanged section to the Secretary of the military de- land located within any of the wilderness under this section shall be in a format ac- partment concerned.’’. areas or national conservation areas in (b) REPEAL.—Section 3016 of the Military ceptable to the Secretary and the State. (d) APPRAISALS.— Washington County, Utah, established under Lands Withdrawal Act of 1999 (Public Law (1) IN GENERAL.—The value of the Federal subtitle O of title I of the Omnibus Public 106–65; 113 Stat. 893) is repealed land and the non-Federal land to be ex- Land Management Act of 2009 (Public Law changed under this section shall be deter- 111–11; 123 Stat. 1075) that has an appraised SA 3820. Ms. HEITKAMP (for Mr. mined by appraisals conducted by 1 or more value equal to the difference between— CARPER (for himself, Mr. COBURN, Mrs. independent appraisers retained by the (I) the value of the Federal land; and MCCASKILL, and Mr. WARNER)) proposed State, with the consent of the Secretary. (II) the value of the non-Federal land. an amendment to the bill H.R. 4194, to (ii) ORDER OF CONVEYANCES.—Any non-Fed- (2) APPLICABLE LAW.—The appraisals under provide for the elimination or modi- paragraph (1) shall be conducted in accord- eral land required to be conveyed to the fication of Federal reporting require- United States under clause (i) shall be con- ance with nationally recognized appraisal ments; as follows: standards, including, as appropriate, the veyed until the value of the Federal land and In lieu of the matter proposed to be in- Uniform Appraisal Standards for Federal non-Federal land is equalized, in the fol- serted, insert the following: Land Acquisitions. lowing order: SECTION 1. SHORT TITLE. (3) MINERAL LAND.— (I) State trust land parcels located in the This Act may be cited as the ‘‘Government (A) MINERAL REPORTS.—The appraisals Docs Pass Wilderness. under paragraph (1) shall take into account (II) State trust land parcels located in the Reports Elimination Act of 2014’’. mineral and technical reports provided by Beaver Dam Wash National Conservation SEC. 2. TABLE OF CONTENTS. the Secretary and the State in the evalua- Area. The table of contents for this Act is as fol- tion of mineral deposits in the Federal land (III) State trust land parcels located in the lows: and non-Federal land. Red Cliffs National Conservation Area. Sec. 1. Short title. (B) MINING CLAIMS.—An appraisal of any (B) SURPLUS OF NON-FEDERAL LAND.—If the Sec. 2. Table of contents. parcel of Federal land that is encumbered by value of the non-Federal land exceeds the TITLE I—DEPARTMENT OF a mining or millsite claim located under sec- value of the Federal land, the value of the AGRICULTURE Federal land and the non-Federal land shall tions 2318 through 2352 of the Revised Stat- Sec. 101. Reports eliminated. be equalized by the Secretary making a cash utes (commonly known as the ‘‘Mining Law TITLE II—DEPARTMENT OF COMMERCE of 1872’’) (30 U.S.C. 21 et seq.) shall take into equalization payment to the State, in ac- Sec. 201. Reports eliminated. account the encumbrance created by the cordance with section 206(b) of the Federal claim for purposes of determining the value Land Policy Management (43 U.S.C. 1716(b)). TITLE III—CORPORATION FOR NATIONAL of the parcel of the Federal land. (h) WITHDRAWAL OF FEDERAL LAND FROM AND COMMUNITY SERVICE (4) APPROVAL.—The appraisals conducted MINERAL ENTRY PRIOR TO EXCHANGE.—Sub- Sec. 301. Reports eliminated. under paragraph (1) shall be submitted to the ject to valid existing rights, the Federal land TITLE IV—DEPARTMENT OF DEFENSE to be conveyed to the State under this sec- Secretary and the State for approval. Sec. 401. Reports eliminated. tion is withdrawn from mineral location, (5) DISPUTE RESOLUTION.—If, by the date TITLE V—DEPARTMENT OF EDUCATION that is 90 days after the date of submission of entry, and patent under the mining laws Sec. 501. Report on Impact Aid construction an appraisal for review and approval under pending conveyance of the Federal land to justifying discretionary grant this subsection, the Secretary or State do the State. awards eliminated. not agree to accept the findings of the ap- SEC. 1724. STATUS AND MANAGEMENT OF NON- praisals with respect to 1 or more parcels of FEDERAL LAND AFTER EXCHANGE. TITLE VI—DEPARTMENT OF ENERGY Federal land or non-Federal land, the dispute (a) NON-FEDERAL LAND WITHIN THE UTAH Sec. 601. Reports eliminated. shall be resolved in accordance with section TEST AND TRAINING RANGE.—On conveyance TITLE VII—ENVIRONMENTAL 206(d)(2) of the Federal Land Policy and Man- to the United States under this subtitle, the PROTECTION AGENCY agement Act of 1976 (43 U.S.C. 1716(d)(2)). non-Federal land located within the Utah Sec. 701. Great Lakes management com- (6) DURATION.—The appraisals conducted Test and Training Range shall be withdrawn prehensive report eliminated. in accordance with section 1711. under paragraph (1) shall remain valid until TITLE VIII—EXECUTIVE OFFICE OF THE (b) NON-FEDERAL LAND WITHIN THE CEDAR the date of the completion of the exchange PRESIDENT authorized under this subtitle. MOUNTAINS WILDERNESS.—On conveyance to (e) CONVEYANCE OF TITLE.—The land ex- the United States under this subtitle, the Sec. 801. Report relating to waiver of certain change authorized under this subtitle shall non-Federal land located within the Cedar sanctions against North Korea be completed by the later of— Mountains Wilderness shall, in accordance eliminated. (1) the date that is 180 days after the date with section 206(c) of the Federal Land Pol- TITLE IX—GOVERNMENT of final approval by the Secretary and the icy Act of 1976 (43 U.S.C. 1716(c)), be added to, ACCOUNTABILITY OFFICE State of the appraisals conducted under sub- and administered as part of, the Cedar Moun- Sec. 901. Reports eliminated. section (d); or tains Wilderness. Sec. 902. Reports modified.

VerDate Sep 11 2014 04:32 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0655 E:\CR\FM\A16SE6.058 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE S5640 CONGRESSIONAL RECORD — SENATE September 16, 2014 TITLE X—DEPARTMENT OF HOMELAND TITLE II—DEPARTMENT OF COMMERCE ergy Policy Act of 2005 (42 U.S.C. 15927(i)) is SECURITY SEC. 201. REPORTS ELIMINATED. amended by striking paragraph (3). Sec. 1001. Reports eliminated. (a) EFFORTS AND PROGRESS IN BECOMING (c) ENERGY EFFICIENCY STANDARDS FOR IN- DESIGNATED AS SEA GRANT COLLEGE OR INSTI- DUSTRIAL EQUIPMENT.—Section 342(a)(6)(C) of TITLE XI—DEPARTMENT OF THE Energy Policy and Conservation Act (42 INTERIOR TUTE.—Section 207 of the National Sea Grant Program Act (33 U.S.C. 1126) is amended by U.S.C. 6313(a)(6)(C)) is amended— Sec. 1101. Royalties in-kind report elimi- striking subsection (e). (1) by striking clause (v); and nated. (b) ENTERPRISE INTEGRATION STANDARDIZA- (2) by redesignating clause (vi) (as added by TITLE XII—DEPARTMENT OF LABOR TION AND IMPLEMENTATION.—Section 3 of the section 310(a)(4) of Public Law 112–110; 126 Sec. 1201. Report eliminated. Enterprise Integration Act of 2002 (15 U.S.C. Stat. 1524) as clause (v). TITLE XIII—OFFICE OF THE DIRECTOR 278g-5) is amended— TITLE VII—ENVIRONMENTAL OF NATIONAL INTELLIGENCE (1) by striking subsection (c); and PROTECTION AGENCY (2) by redesignating subsections (d) and (e) Sec. 1301. Report eliminated. SEC. 701. GREAT LAKES MANAGEMENT COM- as subsections (c) and (d), respectively. PREHENSIVE REPORT ELIMINATED. TITLE XIV—DEPARTMENT OF STATE (c) ENSURING EQUAL ACCESS TO SEA GRANT Section 118(c) of the Federal Water Pollu- Sec. 1401. Report eliminated. FELLOWSHIP PROGRAM.—Section 208(a) of the tion Control Act (33 U.S.C. 1268(c)) is amend- TITLE XV—DEPARTMENT OF National Sea Grant Program Act (33 U.S.C. ed— TRANSPORTATION 1127(a)) is amended by striking the fourth (1) by striking paragraph (10); and sentence. (2) by redesignating paragraphs (11) Sec. 1501. Reports eliminated. (d) TECHNOLOGY INNOVATION PROGRAM AC- through (13) as paragraphs (10) through (12), Sec. 1502. Report modified. TIVITIES.—Section 28 of the National Insti- respectively. TITLE XVI—DEPARTMENT OF THE tute of Standards and Technology Act (15 TITLE VIII—EXECUTIVE OFFICE OF THE TREASURY U.S.C. 278n) is amended— PRESIDENT (1) by striking subsection (g); Sec. 1601. Reports eliminated. SEC. 801. REPORT RELATING TO WAIVER OF CER- TITLE XVII—DEPARTMENT OF (2) by redesignating subsections (h) TAIN SANCTIONS AGAINST NORTH VETERANS AFFAIRS through (l) as subsections (g) through (k), re- KOREA ELIMINATED. spectively; and Sec. 1701. Report eliminated. Section 1405 of the Supplemental Appro- (3) in subsection (k)(5), as redesignated, by priations Act, 2008 (22 U.S.C. 2799aa–1 note) is TITLE I—DEPARTMENT OF AGRICULTURE striking ‘‘under subsection (k)’’ and insert- amended— SEC. 101. REPORTS ELIMINATED. ing ‘‘under subsection (j)’’. (1) by striking subsection (c); and (a) PEANUT BASE ACRES DATA COLLECTION (e) TIP ADVISORY BOARD ANNUAL REPORT.— (2) by redesignating subsection (d) as sub- AND PUBLICATION.—Section 1302(d) of the Section 28 of the National Institute of Stand- section (c). ards and Technology Act (15 U.S.C. 278n) is Food, Conservation, and Energy Act of 2008 TITLE IX—GOVERNMENT further amended in subsection (j), as redesig- (7 U.S.C. 8752(d)) is amended— ACCOUNTABILITY OFFICE (1) by striking paragraph (3); nated by subsection (d), by striking para- graph (5). SEC. 901. REPORTS ELIMINATED. (2) in paragraph (4), by striking ‘‘Para- (a) EXPENDITURES OF LOCAL EDUCATIONAL graphs (1) through (3)’’ and inserting ‘‘Para- (f) NORTHWEST ATLANTIC FISHERIES ACTIVI- TIES.—Section 212 of the Northwest Atlantic AGENCIES.—Section 1904 of the Elementary graphs (1) and (2)’’; and and Secondary Education Act of 1965 (20 (3) by redesignating paragraph (4) as para- Fisheries Convention Act of 1995 (16 U.S.C. 5611) is repealed. U.S.C. 6574) is repealed. graph (3). (b) USE OF RECOVERY ACT FUNDS BY STATES (b) REPORT ON EXPORT CREDIT GUARANTEES TITLE III—CORPORATION FOR NATIONAL AND LOCALITIES REPORT.—Section 901 of the TO EMERGING MARKETS.—Section 1542(e) of AND COMMUNITY SERVICE American Recovery and Reinvestment Act of the Food, Agriculture, Conservation, and SEC. 301. REPORTS ELIMINATED. 2009 (Public Law 111–5; 123 Stat. 191) is re- Trade Act of 1990 (Public Law 101–624; 7 (a) SERVICE-LEARNING IMPACT STUDY.—The pealed. U.S.C. 5622 note) is amended— National and Community Service Act of 1990 (c) HELP AMERICA VOTE ACT FUNDS (1) by striking ‘‘(1) EFFECT OF CREDITS.—’’; is amended by repealing part IV of subtitle B AUDIT.— and of title I (42 U.S.C. 12565). (1) ELIMINATION OF AUDIT.—Section 902(b) of (2) by striking paragraph (2). (b) REPORTS BY OTHER FEDERAL AGENCIES the Help America Vote Act of 2002 (42 U.S.C. (c) EVALUATION OF THE RURAL DEVELOP- TO THE CORPORATION.—Section 182 of the Na- 15542(b)) is amended— MENT, BUSINESS AND INDUSTRY GUARANTEED tional and Community Service Act of 1990 (42 (A) in paragraph (1), by striking ‘‘para- LOAN PROGRAM FINANCING OF LOCALLY OR RE- U.S.C. 12642) is amended— graph (5)’’ and inserting ‘‘paragraph (4)’’; GIONALLY PRODUCED FOOD PRODUCTS.—Sec- (1) by striking the following: (B) by striking paragraph (3); and tion 310B(g)(9)(B) of the Consolidated Farm ‘‘(a) DESIGN OF PROGRAMS.—’’; and (C) by redesignating paragraphs (4) and Rural Development Act (7 U.S.C. (2) by striking subsection (b). through (6) as paragraphs (3) through (5). 1932(g)(9)(B)) is amended— TITLE IV—DEPARTMENT OF DEFENSE (2) PRESERVATION OF AUTHORITY TO RECOUP (1) by striking clause (iv); and SEC. 401. REPORTS ELIMINATED. FUNDS RESULTING FROM PRIOR AUDITS.—Sec- (2) by redesignating clause (v) as clause (a) DISPLAY OF ANNUAL BUDGET REQUIRE- tion 902(c) of such Act (42 U.S.C. 15542(c)) is (iv). MENTS FOR AIR SOVEREIGNTY ALERT MIS- amended by inserting after ‘‘subsection (b)’’ (d) QUARTERLY EXPORT ASSISTANCE RE- SION.—Section 354 of the Duncan Hunter Na- the following: ‘‘prior to the date of the en- PORTS.—Section 603 of the Agricultural tional Defense Authorization Act for Fiscal actment of the Government Reports Elimi- Trade Act of 1978 (7 U.S.C. 5713) is repealed. Year 2009 (Public Law 110–417; 10 U.S.C. 221 nation Act of 2014’’. (e) RURAL COLLABORATIVE INVESTMENT note) is hereby repealed. (d) STATE SMALL BUSINESS CREDIT INITIA- PROGRAM.— (b) ANNUAL REPORT ON RELIABILITY OF DE- TIVE AUDIT AND REPORT.—Section 3011 of the (1) SECRETARIAL REPORT ON REGIONAL PARTMENT OF DEFENSE FINANCIAL STATE- Small Business Jobs Act of 2010 (12 U.S.C. RURAL INVESTMENT BOARDS.—Section MENTS.—Section 1008 of the National Defense 5710) is amended— 385C(b)(7) of the Consolidated Farm and Authorization Act for Fiscal Year 2002 (Pub- (1) by striking subsection (b); and Rural Development Act (7 U.S.C. 2009dd– lic Law 107–107; 10 U.S.C. 113 note) is amend- (2) by redesignating subsections (c) and (d) 2(b)(7)) is amended— ed— as subsections (b) and (c), respectively. (A) in subparagraph (B), by adding ‘‘and’’ (1) by striking subsections (a) and (b); and (e) SMALL BUSINESS LENDING FUND PRO- at the end; (2) in subsection (d)(1), by striking ‘‘(b) GRAM AUDIT AND REPORT.—Section 4107 of (B) in subparagraph (C), by striking ‘‘; or’’. the Small Business Jobs Act of 2010 (12 and’’ and inserting a period; and U.S.C. 4741 note) is amended— (C) by striking subparagraph (D). TITLE V—DEPARTMENT OF EDUCATION (1) by striking subsection (c); and (2) REPORT BY REGIONAL RURAL INVESTMENT SEC. 501. REPORT ON IMPACT AID CONSTRUC- (2) by redesignating subsections (d) and (e) BOARD TO NATIONAL RURAL INVESTMENT BOARD TION JUSTIFYING DISCRETIONARY as subsections (c) and (d), respectively. GRANT AWARDS ELIMINATED. AND THE SECRETARY.—Section 385D(a)(7) of (f) HOUSING ASSISTANCE COUNCIL FINANCIAL Section 8007(b) of the Elementary and Sec- Consolidated Farm and Rural Development STATEMENT AUDIT REPORT.—Section 6303(a) Act (7 U.S.C. 2009dd–3(a)(7)) is amended— ondary Education Act of 1965 (20 U.S.C. of the Food, Conservation, and Energy Act of (A) in subparagraph (C), by adding ‘‘and’’ 7707(b)) is amended by striking paragraph (7). 2008 (42 U.S.C. 1490e note) is amended by at the end; TITLE VI—DEPARTMENT OF ENERGY striking paragraph (3). (B) by striking subparagraph (D); and SEC. 601. REPORTS ELIMINATED. SEC. 902. REPORTS MODIFIED. (C) by redesignating subparagraph (E) as (a) SCIENCE AND ENGINEERING EDUCATION (a) NATIONAL PREVENTION, HEALTH PRO- subparagraph (D). PILOT PROGRAM.—Section 983 of the Energy MOTION AND PUBLIC HEALTH COUNCIL.—Sub- (f) STATUS REPORT FOR FOREIGN MARKET Policy Act of 2005 (42 U.S.C. 16323) is amend- section (i) of section 4001 of the Patient Pro- DEVELOPMENT.—Section 702 of the Agricul- ed by striking subsection (d). tection and Affordable Care Act (42 U.S.C. tural Trade Act of 1978 (7 U.S.C. 5722) is (b) STRATEGIC UNCONVENTIONAL FUELS DE- 300u–10) is amended by striking ‘‘The Sec- amended by striking subsection (c). VELOPMENT PROGRAM.—Section 369(i) of En- retary and the Comptroller General of the

VerDate Sep 11 2014 04:32 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A16SE6.059 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE September 16, 2014 CONGRESSIONAL RECORD — SENATE S5641 United States shall jointly conduct periodic (ii) in the second sentence, by striking TITLE XIV—DEPARTMENT OF STATE reviews’’ and inserting ‘‘The Secretary shall ‘‘the Comptroller General’’ and inserting SEC. 1401. REPORT ELIMINATED. conduct periodic reviews’’. ‘‘the independent public accountant’’. Section 620F of the Foreign Assistance Act (b) POSTCARD MANDATE.—Section 719(g)(2) (3) EFFECTIVE DATE.—The amendments of 1961 (22 U.S.C. 2376) is amended by striking of title 31, United States Code is amended— made by this subsection shall take effect on subsection (c). October 1, 2014. (1) by striking the first sentence and in- TITLE XV—DEPARTMENT OF serting the following: ‘‘The Comptroller Gen- (d) ANNUAL GAO REVIEW OF PROPOSED HHS TRANSPORTATION eral shall make each list available through RECOVERY THRESHOLD.—The third sentence SEC. 1501. REPORTS ELIMINATED. the public website of the Government Ac- of section 1862(b)(9)(B)(i) of the Social Secu- (a) REPORTS OF AIR TRAFFIC SERVICES COM- countability Office.’’; and rity Act (42 U.S.C. 1395y(b)(9)(B)(i)) is amend- MITTEE.—Section 106(p)(7) of title 49, United (2) in the second sentence, by inserting ‘‘of ed by striking ‘‘for a year’’ and inserting States Code, is amended— Congress’’ after ‘‘committee or member’’. ‘‘for 2014’’. (1) by striking subparagraph (H); and (c) ANNUAL AUDIT OF THE CONGRESSIONAL TITLE X—DEPARTMENT OF HOMELAND (2) by redesignating subparagraph (I) as AWARD FOUNDATION.— SECURITY subparagraph (H). (1) USE OF PRIVATE INDEPENDENT PUBLIC AC- SEC. 1001. REPORTS ELIMINATED. (b) ANNUAL SUMMARIES OF AIRPORT FINAN- COUNTANT.—Section 107 of the Congressional CIAL REPORTS.— (a) PROHIBITION ON IMPORTATION OF PROD- Award Act (2 U.S.C. 807) is amended to read (1) IN GENERAL.—Section 47107 of title 49, as follows: UCTS MADE WITH DOG OR CAT FUR.—Section United States Code, is amended by striking 308 of the Tariff Act of 1930 (19 U.S.C. 1308) is ‘‘AUDITS subsection (k). amended by striking subsection (e). (2) CONFORMING AMENDMENTS.— ‘‘SEC. 107. (a) CONTRACTS WITH INDE- (b) PORT OF ENTRY INFRASTRUCTURE AS- (A) Section 47107 of title 49, United States PENDENT PUBLIC ACCOUNTANT.—The Board SESSMENT STUDY AND NATIONAL LAND BORDER Code, as amended by paragraph (1), is further shall enter into a contract with an inde- SECURITY PLAN.—The Border Infrastructure amended— pendent public accountant to conduct an an- and Technology Modernization Act of 2007 (i) by redesignating subsections (l) through nual audit in accordance with generally ac- (title VI of division E of Public Law 110–161; (t) as subsections (k) through (s), respec- cepted government auditing standards, of 6 U.S.C. 1401 et seq.) is amended by striking tively; the financial records of the Board and of any sections 603 and 604. (ii) in paragraph (5) of subsection (k), as re- corporation established under section 106(i), (c) FEES FOR CERTAIN CUSTOMS SERVICES.— designated by clause (i)— and shall ensure that the independent public (1) REPEAL.—Section 13031 of the Consoli- (I) in the matter preceding subparagraph accountant has access for the purpose of the dated Omnibus Budget Reconciliation Act of (A), by striking ‘‘subsection (n)(7)’’ and in- audit to any books, documents, papers, and 1985 (Public Law 99–272; 19 U.S.C. 58c) is serting ‘‘subsection (m)(7)’’; and records of the Board or such corporation (or amended— (II) in subparagraph (B), by striking ‘‘sub- any agent of the Board or such corporation) (A) in subsection (a)(9), by striking sub- section (n)’’ and inserting ‘‘subsection (m)’’; which the independent public accountant paragraph (C) and redesignating subpara- (iii) in subsection (m), as so redesignated— reasonably determines to be pertinent to the graph (D) as subparagraph (C); and (I) by striking ‘‘subsections (b) and (l)’’ Congressional Award Program. (B) in subsection (f)— each place it appears and inserting ‘‘sub- ‘‘(b) ANNUAL REPORT TO CONGRESS ON AUDIT (i) in paragraph (3)— sections (b) and (k)’’; and RESULTS.—Not later than May 15 of each cal- (I) by striking subparagraph (D); and (II) by striking ‘‘subsection (o)’’ each place endar year, the Board shall submit to appro- (II) by redesignating subparagraph (E) as it appears and inserting ‘‘subsection (n)’’; priate officers, committees, and subcommit- subparagraph (D); (iv) in subsection (n), as so redesignated, tees of Congress and to the Comptroller Gen- (ii) by striking paragraph (4); and by striking ‘‘subsection (n)’’ each place it ap- eral of the United States a report on the re- (iii) by redesignating paragraphs (5) and (6) pears and inserting ‘‘subsection (m)’’; sults of the most recent audit conducted pur- as paragraphs (4) and (5), respectively. (v) in subsection (o), as so redesignated, by suant to this section, and shall include in (2) CONFORMING AMENDMENTS.—Subsection striking ‘‘subsection (o)’’ and inserting ‘‘sub- the report information on any such addi- (f) of such section is further amended— section (n)’’; tional areas as the independent public ac- (A) in paragraph (1)(B), by striking ‘‘para- (vi) in subsection (p), as so redesignated, countant who conducted the audit deter- graph (5)’’ and inserting ‘‘paragraph (4)’’; and by striking ‘‘subsections (a) through (p)’’ and mines deserve or require evaluation. (B) in paragraph (3)(A), by striking ‘‘para- inserting ‘‘subsections (a) through (o)’’; and ‘‘(c) REVIEW BY THE COMPTROLLER GENERAL graph (5)’’ and inserting ‘‘paragraph (4)’’. (vii) in subsection (q), as so redesignated, OF ANNUAL AUDIT.— (d) MODERNIZATION OF NATIONAL DISTRESS by striking ‘‘subsections (q)(1) through (3)’’ ‘‘(1) The Comptroller General of the United AND RESPONSE SYSTEM.— and inserting ‘‘paragraphs (1) through (3) of States shall review each annual audit con- (1) REPEAL.—Section 346 of the Maritime subsection (p)’’. ducted under subsection (a). Transportation Security Act of 2002 (Public (B) Section 46301(d)(2) of such title is ‘‘(2) For purposes of a review under para- Law 107–295; 14 U.S.C. 88 note) is repealed. amended by striking ‘‘section 47107(l)’’ and graph (1), the Comptroller General, or any (2) CLERICAL AMENDMENT.—The table of inserting ‘‘section 47107(k)’’. duly authorized representative of the Comp- contents in section 1(b) of such Act is (C) Section 47111(e) of such title is amend- troller General, shall have access to any amended by striking the item relating to ed by striking ‘‘section 47107(l)’’ and insert- books, documents, papers, and records of the section 346. ing ‘‘section 47107(k)’’. Board or such corporation, or any agent of (D) Section 9502 of the Internal Revenue the Board or such corporation, including the TITLE XI—DEPARTMENT OF THE INTERIOR Code of 1986 is amended by striking ‘‘section independent external auditor designated 47107(n)’’ each place it appears and inserting under subsection (a), which, in the opinion of SEC. 1101. ROYALTIES IN-KIND REPORT ELIMI- ‘‘section 47107(m)’’. the Comptroller General, may be pertinent. NATED. (c) ANNUAL REPORT ON PIPELINE SAFETY IN- ‘‘(3) Not later than 180 days after the date Section 342 of the Energy Policy Act of FORMATION GRANTS TO COMMUNITIES.—Sec- on which the Comptroller General receives a 2005 (42 U.S.C. 15902) is amended— tion 60130 of title 49, United States Code, is report under subsection (b), the Comptroller (1) by striking subsection (e); and amended— General shall submit to Congress a report (2) by redesignating subsections (f) through (1) by striking subsection (c); and containing the results of the review con- (j) as subsections (e) through (i), respec- (2) by redesignating subsection (d) as sub- ducted under paragraph (1) with respect to tively. section (c). the preceding year.’’. TITLE XII—DEPARTMENT OF LABOR (d) ANNUAL REPORT ON PILOT PROGRAM FOR (2) AMENDMENTS RELATING TO COMPLIANCE INNOVATIVE FINANCING OF AIR TRAFFIC CON- WITH FISCAL CONTROL AND ACCOUNTING POLI- SEC. 1201. REPORT ELIMINATED. TROL EQUIPMENT.—Section 182 of the Vision CIES AND PROCEDURES.—Section 104(c) of the Section 207 of the Andean Trade Preference 100—Century of Aviation Reauthorization Congressional Award Act (2 U.S.C. 804(c)) is Act (19 U.S.C. 3205) is repealed. Act (117 Stat. 2515; 49 U.S.C. 44502 note) is amended— TITLE XIII—OFFICE OF THE DIRECTOR OF amended— (A) in paragraph (1), in the first sentence, NATIONAL INTELLIGENCE (1) by striking subsection (e); and by— (2) by redesignating subsection (f) as sub- (i) inserting ‘‘policies and’’ before ‘‘proce- SEC. 1301. REPORT ELIMINATED. section (e). dures’’; and Section 2(5)(E) of the Senate resolution ad- (e) REPORTS ON JUSTIFICATIONS FOR AIR DE- (ii) striking ‘‘fund’’; and vising and consenting to ratification of the FENSE IDENTIFICATION ZONES.—Section 602 of (B) in paragraph (2)(A)— Document Agreed Among the States Parties the Vision 100—Century of Aviation Reau- (i) in the first sentence, by striking ‘‘The to the Treaty on Conventional Armed Forces thorization Act (117 Stat. 2563), and the item Comptroller General of the United States’’ in Europe (CFE) of November 19, 1990, adopt- relating to that section in the table of con- and inserting ‘‘The independent public ac- ed at Vienna May 31, 1996 (Treaty Doc. 105–5) tents contained in section 1(b) of that Act, countant conducting the annual audit of the (commonly referred to as the ‘‘CFE Flank are repealed. financial records of the Board pursuant to Document’’), 105th Congress, agreed to May (f) ANNUAL REPORT ON STANDARDS FOR AIR- section 107(a)’’; and 14, 1997, is repealed. CRAFT AND AIRCRAFT ENGINES TO REDUCE

VerDate Sep 11 2014 04:32 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A16SE6.059 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE S5642 CONGRESSIONAL RECORD — SENATE September 16, 2014 NOISE LEVELS.—Section 726 of the Wendell H. (1) by inserting ‘‘(1)’’ before ‘‘Each em- mittee on Armed Services be author- Ford Aviation Investment and Reform Act ployee’’; and ized to meet during the session of the for the 21st Century (114 Stat. 167; 49 U.S.C. (2) by adding at the end the following: Senate on September 16, 2014, at 9:30 47508 note) is amended by striking subsection ‘‘(2) Before the date on which an individual a.m. (c). is enrolled to make contributions to the The PRESIDING OFFICER. Without SEC. 1502. REPORT MODIFIED. Thrift Savings Fund, or as soon as practical Section 1138(a) of title 49, United States thereafter, an individual who is automati- objection, it is so ordered. Code, is amended by striking ‘‘at least annu- cally enrolled under section 8432(b)(2) shall COMMITTEE ON BANKING, HOUSING, AND URBAN ally, but may be conducted’’. receive the risk acknowledgment informa- AFFAIRS TITLE XVI—DEPARTMENT OF THE tion described in paragraph (1).’’. Mr. MURPHY. Mr. President, I ask TREASURY (c) TECHNICAL AND CONFORMING AMEND- unanimous consent that the Com- MENT.—Section 8472(g)(2) of title 5, United SEC. 1601. REPORTS ELIMINATED. mittee on Banking, Housing, and States Code, is amended by striking ‘‘re- (a) ANNUAL REPORT ON THE NORTH AMER- Urban Affairs be authorized to meet quired by section 8438 of this title to be in- ICAN DEVELOPMENT BANK.—Section 2 of Pub- during the session of the Senate on lic Law 108–215 (22 U.S.C. 290m–6) is repealed. vested in securities of the Government’’ and inserting ‘‘under section 8438(c)(2)(B)’’. September 16, 2014, at 10 a.m., to con- (b) REPORT ON VOTING ON INTERNATIONAL duct a hearing entitled ‘‘Examining the FINANCIAL INSTITUTIONS LOAN PROPOSALS.— (d) GUIDANCE.—Not later than 9 months Section 701 of the International Financial In- after the date of enactment of this Act, the State of Small Depository Institu- stitutions Act (22 U.S.C. 262d) is amended by Executive Director (as that term is defined tions.’’ striking subsection (c) and redesignating under section 8401(13) of title 5, United The PRESIDING OFFICER. Without subsection (d) through subsection (g) (as States Code) shall develop and issue guid- objection, it is so ordered. added by section 501(g) of Public Law 96–259) ance implementing the amendments made by this section. COMMITTEE ON COMMERCE, SCIENCE, AND as subsections (c) through (f), respectively. TRANSPORTATION (e) EFFECTIVE DATE AND APPLICATION.—The (c) REPORT ON NEW IMF ARRANGEMENTS Mr. MURPHY. Mr. President, I ask REGARDING RATES AND MATURITIES.—Section amendments made by this section shall— 605 of the Foreign Operations, Export Fi- (1) take effect on the date on which the Ex- unanimous consent that the Com- nancing, and Related Programs Appropria- ecutive Director issues guidance under sub- mittee on Commerce, Science, and tions Act, 1999 (112 Stat. 2681–222), as enacted section (d); and Transportation be authorized to meet into law by section 101(d) of division A of the (2) apply to individuals who enroll in the during the session of the Senate on Omnibus Consolidated and Emergency Sup- Thrift Savings Plan on or after such date. September 16, 2014, at 2:30 p.m., in plemental Appropriations Act, 1999 (Public SEC. 3. CLARIFICATION OF FIDUCIARY PROTEC- room SR-253 of the Russell Senate Of- TIONS. Law 105–277), is amended by striking sub- fice Building to conduct a hearing enti- section (d). Section 8477(e)(1)(C)(ii) of title 5, United (d) REPORT ON SIGNIFICANT MODIFICA- States Code, is amended— tled, ‘‘Oversight of and Policy Consid- TIONS.—The Government Securities Act (1) in subclause (II)— erations for the National Highway Amendments of 1993 (Public Law 103–202; 31 (A) by inserting ‘‘or beneficiary’’ after Traffic Safety Administration.’’ U.S.C. 3121 note) is amended— ‘‘participant’’; and The PRESIDING OFFICER. Without (1) by striking section 203; and (B) by inserting ‘‘or option’’ after ‘‘fund’’; objection, it is so ordered. and (2) in the table of contents for such Act, by COMMITTEE ON FINANCE striking the item relating to section 203. (2) in subclause (III)— (A) by inserting ‘‘or beneficiary’’ after Mr. MURPHY. Mr. President, I ask TITLE XVII—DEPARTMENT OF VETERANS unanimous consent that the Com- AFFAIRS ‘‘participant’’; and (B) by inserting ‘‘or beneficiaries’ ’’ after mittee on Finance be authorized to SEC. 1701. REPORT ELIMINATED. Section 8125 of title 38, United States Code, ‘‘participants’ ’’. meet during the session of the Senate is amended— on September 16, 2014, at 10 a.m., in (1) by striking subsection (d); and SA 3822. Ms. HEITKAMP (for Mr. room SD-215 of the Dirksen Senate Of- (2) by redesignating subsection (e) as sub- UDALL of New Mexico) proposed an fice Building, to conduct a hearing en- section (d). amendment to the bill S. 2440, to ex- titled ‘‘Retirement Savings 2.0: Updat- pand and extend the program to im- ing Savings Policy for the Modern SA 3821. Ms. HEITKAMP (for Ms. prove permit coordination by the Bu- Economy.’’ WARREN (for herself, Mr. PORTMAN, Mr. reau of Land Management, and for The PRESIDING OFFICER. Without BEGICH, Mr. ENZI, and Mr. TESTER)) other purposes; as follows: objection, it is so ordered. proposed an amendment to the bill S. On page 5, line 13, insert ‘‘and Indian trust COMMITTEE ON HEALTH, EDUCATION, LABOR, 2117, to amend title 5, United States mineral estate’’ after ‘‘Federal’’. AND PENSIONS Code, to change the default investment On page 6, line 5, insert ‘‘and Indian trust Mr. MURPHY. Mr. President, I ask fund under the Thrift Savings Plan, mineral estate’’ after ‘‘Federal’’. unanimous consent that the Com- and for other purposes; as follows: On page 7, line 11, insert ‘‘and Indian trust mineral estate’’ after ‘‘Federal’’. mittee on Health, Education, Labor Strike all after the enacting clause and in- and Pensions be authorized to meet sert the following: f during the session of the Senate on SECTION 1. SHORT TITLE. NOTICE OF HEARING This Act may be cited as the ‘‘Smart Sav- September 16, 2014, at 2:30 p.m., in ings Act’’. COMMITTEE ON INDIAN AFFAIRS room SH-216 of the Hart Senate Office SEC. 2. THRIFT SAVINGS PLAN DEFAULT INVEST- Mr. TESTER. Mr. President, I would Building, to conduct a hearing entitled MENT FUND. like to announce that the Committee ‘‘Ebola in West Africa: A Global Chal- (a) IN GENERAL.—Section 8438(c)(2) of title lenge and Public Health Threat.’’ 5, United States Code, is amended to read as on Indian Affairs will meet during the session of the Senate on Wednesday, The PRESIDING OFFICER. Without follows: objection, it is so ordered. ‘‘(2)(A) Except as provided in subparagraph September 17, 2014, in room SD–628 of (B), if an election has not been made with re- the Dirksen Senate Office Building, at SELECT COMMITTEE ON INTELLIGENCE spect to any sums available for investment 2:30 p.m., to conduct a legislative hear- Mr. MURPHY. Mr. President, I ask in the Thrift Savings Fund, the Executive ing to consider the following bill: S. unanimous consent that the Select Director shall invest such sums in an age-ap- 2670, a bill to prohibit gaming activi- Committee on Intelligence be author- propriate target date asset allocation port- ties on certain Indian land in Arizona ized to meet during the session of the folio of the funds described in subsection (b), Senate on September 16, 2014, at 2:30 as determined by the Executive Director. until the expiration of certain gaming ‘‘(B) If an election has not been made by a compacts. Those wishing additional in- p.m. member (as defined in section 211 of title 37) formation may contact the Indian Af- The PRESIDING OFFICER. Without contributing to the Thrift Savings Fund fairs Committee at (202) 224–2251. objection, it is so ordered. under section 8440e with respect to any sums f SUBCOMMITTEE ON HEALTH CARE available for investment in such member’s Mr. MURPHY. Mr. President, I ask AUTHORITY FOR COMMITTEES TO Thrift Savings Fund account, the Executive unanimous consent that the Sub- Director shall invest such sums in the Gov- MEET ernment Securities Investment Fund.’’. committee on Health Care of the Com- COMMITTEE ON ARMED SERVICES (b) ACKNOWLEDGMENT OF RISK.—Section mittee on Finance be authorized to 8439(d) of title 5, United States Code, is Mr. MURPHY. Mr. President, I ask meet during the session of the Senate amended— unanimous consent that the Com- on September 16, 2014, at 2:45 p.m., in

VerDate Sep 11 2014 05:25 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A16SE6.059 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE September 16, 2014 CONGRESSIONAL RECORD — SENATE S5643 room SD-215 of the Dirksen Senate Of- sources and Services Administration (referred to Director of the National Institutes of Health, fice Building, to conduct a hearing en- in this section as the ‘Administrator’),’’; shall conduct a review of the scientific evidence titled ‘‘The Children’s Health Insur- (2) in subsections (c), (d)(1), (e)(1), (e)(4), (g), related to brain injury management in children, (h), and (j)(1), by striking ‘‘Administrator’’ each ance Program: Protecting America’s such as the restriction or prohibition of children place it appears and inserting ‘‘Secretary’’; from attending school or participating in ath- Children and Families’’. (3) in subsection (h)— letic activities following a head injury, and The PRESIDING OFFICER. Without (A) by striking the subsection heading and in- identify ongoing and potential further opportu- objection, it is so ordered. serting ‘‘REPORTING’’; nities for research. Not later than 2 years after (B) by striking ‘‘Each protection and advo- the date of enactment of this Act, the Director f cacy system’’ and inserting the following: of the Centers for Disease Control and Preven- ‘‘(1) REPORTS BY SYSTEMS.—Each protection TRAUMATIC BRAIN INJURY tion shall submit to the Committee on Health, REAUTHORIZATION ACT OF 2014 and advocacy system’’; and (C) by adding at the end the following: Education, Labor, and Pensions of the Senate Ms. HEITKAMP. Mr. President, I ask ‘‘(2) REPORT BY SECRETARY.—Not later than 1 and the Committee on Energy and Commerce of unanimous consent that the Senate year after the date of enactment of the Trau- the House of Representatives the results of such proceed to the immediate consider- matic Brain Injury Reauthorization Act of 2014, review. ation of Calendar No. 483, S. 2539. the Secretary shall prepare and submit to the Ms. HEITKAMP. Mr. President, I fur- The ACTING PRESIDENT pro tem- appropriate committees of Congress a report de- ther ask unanimous consent that the scribing the services and activities carried out pore. The clerk will report the bill by under this section during the period for which committee-reported substitute amend- title. the report is being prepared.’’; ment be agreed to; the bill, as amend- The assistant legislative clerk read (4) in subsection (i), by striking ‘‘The Admin- ed, be read a third time and passed; and as follows: istrator of the Health Resources’’ and all that the motion to reconsider be considered A bill (S. 2539) to amend the Public Health follows through ‘‘regarding’’ and inserting ‘‘The made and laid upon the table, with no Service Act to reauthorize certain programs Secretary shall facilitate agreements to coordi- intervening action or debate. nate the collection of data by agencies within relating to traumatic brain injury and to The ACTING PRESIDENT pro tem- trauma research. the Department of Health and Human Services regarding’’; pore. Without objection, it is so or- There being no objection, the Senate (5) in subsection (k), by striking ‘‘subtitle C of dered. proceeded to consider the bill, which the Developmental Disabilities Assistance and The committee-reported amendment had been reported from the Committee Bill of Rights Act of 2000’’ and inserting ‘‘sub- in the nature of a substitute was on Health, Education, Labor, and Pen- title C of title I of the Developmental Disabilities agreed to. sions, with an amendment to strike all Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.)’’; The bill (S. 2539), as amended, was or- after the enacting clause and insert in (6) in subsection (l), by striking ‘‘$5,000,000 for dered to be engrossed for a third read- lieu thereof the following: fiscal year 2001, and such sums as may be nec- ing, was read the third time, and SECTION 1. SHORT TITLE. essary for each the fiscal years 2009 through passed. This Act may be cited as the ‘‘Traumatic 2012’’ and inserting ‘‘$3,100,000 for each of the Brain Injury Reauthorization Act of 2014’’. fiscal years 2015 through 2019’’; and f SEC. 2. CDC PROGRAMS FOR PREVENTION AND (7) in subsection (m)— SURVEILLANCE OF TRAUMATIC (A) in paragraph (1), by striking ‘‘part C of BRAIN INJURY. the Developmental Disabilities Assistance Bill of ALL-AMERICAN FLAG ACT (a) PREVENTION OF TRAUMATIC BRAIN IN- Rights Act (42 U.S.C. 6042 et seq.)’’ and insert- JURY.—Section 393B(b)(3) of the Public Health ing ‘‘subtitle C of title I of the Developmental Ms. HEITKAMP. Mr. President, I ask Service Act (42 U.S.C. 280b–1c(b)(3)) is amended Disabilities Assistance and Bill of Rights Act of unanimous consent that the Senate by striking ‘‘2010, commonly referred to as 2000 (42 U.S.C. 15041 et seq.)’’; and proceed to the consideration of Cal- Healthy People 2010’’ and inserting ‘‘2020, com- (B) in paragraph (2), by striking ‘‘part C of endar No. 504, S. 1214. the Developmental Disabilities Assistance and monly referred to as Healthy People 2020’’. The ACTING PRESIDENT pro tem- (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- Bill of Rights Act (42 U.S.C. 6042 et seq.)’’ and tion 394A of the Public Health Service Act (42 inserting ‘‘subtitle C of title I of the Develop- pore. The clerk will report the bill by U.S.C. 280b–3) is amended— mental Disabilities Assistance and Bill of Rights title. (1) by striking the section heading and all Act of 2000 (42 U.S.C. 15041 et seq.)’’. The assistant legislative clerk read that follows through ‘‘For the purpose’’ and in- SEC. 5. TRAUMATIC BRAIN INJURY COORDINA- as follows: serting the following: TION PLAN. (a) DEVELOPMENT OF PLAN.—Not later than 18 A bill (S. 1214) to require the purchase of ‘‘SEC. 394A. AUTHORIZATION OF APPROPRIA- domestically made flags of the United States TIONS. months after the date of enactment of this Act, the Secretary of Health and Human Services of America for use by the Federal Govern- ‘‘(a) IN GENERAL.—For the purpose’’; ment. (2) by striking the second period; and shall develop a plan for improved coordination (3) by adding at the end the following: of Federal activities with respect to traumatic There being no objection, the Senate ‘‘(b) TRAUMATIC BRAIN INJURY.—To carry out brain injury. Such plan shall— proceeded to consider the bill. sections 393B and 393C, there are authorized to (1) review existing interagency coordination efforts with respect to Federal activities related Ms. HEITKAMP. Mr. President, I ask be appropriated $6,564,000 for each of fiscal unanimous consent that the bill be years 2015 through 2019.’’. to traumatic brain injury, including services for individuals with traumatic brain injury; read a third time and passed and the SEC. 3. STATE GRANTS FOR PROJECTS REGARD- (2) identify areas for improved coordination ING TRAUMATIC BRAIN INJURY. motion to reconsider be considered between relevant Federal agencies and pro- Section 1252 of the Public Health Service Act made and laid upon the table, with no grams, including agencies and programs with a intervening action or debate. (42 U.S.C. 300d–52) is amended— focus on serving individuals with disabilities; (1) in subsection (a), by striking ‘‘, acting (3) identify each recommendation in the report The ACTING PRESIDENT pro tem- through the Administrator of the Health Re- required by section 393C(b) of the Public Health pore. Without objection, it is so or- sources and Services Administration,’’; Service Act (42 U.S.C. 280b–1d(b)) that has been dered. (2) in paragraphs (1)(A)(i) and (3)(E) of sub- adopted and each such recommendation that The bill (S. 1214) was ordered to be section (f), by striking ‘‘brain injury’’ and in- has not been adopted, and describe any planned serting ‘‘traumatic brain injury’’; engrossed for a third reading, was read activities to address each such recommendation the third time, and passed, as follows: (3) in subsection (h), by striking ‘‘under this that has not been adopted; and section, and section 1253 including’’ and insert- (4) incorporate, as appropriate, stakeholder S. 1214 ing ‘‘under this section and section 1253, includ- feedback, including feedback from individuals Be it enacted by the Senate and House of Rep- ing’’; and with traumatic brain injury and their care- (4) in subsection (j), by striking ‘‘such sums as resentatives of the United States of America in givers. Congress assembled, may be necessary for each of the fiscal years (b) SUBMISSION TO CONGRESS.—The Secretary 2001 through 2005, and such sums as may be of Health and Human Services shall submit the SECTION 1. SHORT TITLE. necessary for each of the fiscal years 2009 plan developed under subsection (a) to the Com- This Act may be cited as the ‘‘All-Amer- through 2012’’ and inserting ‘‘$5,500,000 for each mittee on Health, Education, Labor, and Pen- ican Flag Act’’. of the fiscal years 2015 through 2019’’. sions of the Senate and the Committee on En- SEC. 2. REQUIREMENT FOR PURCHASE OF DO- SEC. 4. STATE GRANTS FOR PROTECTION AND AD- ergy and Commerce of the House of Representa- MESTICALLY MADE UNITED STATES VOCACY SERVICES. tives. FLAGS FOR USE BY FEDERAL GOV- Section 1253 of the Public Health Service Act SEC. 6. REVIEW OF BRAIN INJURY MANAGEMENT ERNMENT. (42 U.S.C. 300d–53) is amended— IN CHILDREN. (a) IN GENERAL.—Except as provided under (1) in subsection (a), by striking ‘‘, acting The Director of the Centers for Disease Con- subsection (b), only such flags of the United through the Administrator of the Health Re- trol and Prevention, in consultation with the States of America, regardless of size, that

VerDate Sep 11 2014 07:36 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A16SE6.063 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE S5644 CONGRESSIONAL RECORD — SENATE September 16, 2014 are 100 percent manufactured in the United TITLE VI—DEPARTMENT OF ENERGY dated Farm and Rural Development Act (7 States, from articles, materials, or supplies Sec. 601. Reports eliminated. U.S.C. 1983b) is amended— 100 percent of which are grown, produced, or (1) by striking subsection (e); and TITLE VII—ENVIRONMENTAL PROTECTION manufactured in the United States, may be (2) by redesignating subsections (f) through AGENCY acquired for use by the Federal Government. (h) as subsections (e) through (g), respectively. (b) WAIVER.—The head of an executive Sec. 701. Great Lakes management comprehen- (g) RURAL BROADBAND ACCESS PROGRAM RE- agency may waive the requirement under sive report eliminated. PORT.—Section 601 of the Rural Electrification subsection (a) on a case-by-case basis upon a TITLE VIII—EXECUTIVE OFFICE OF THE Act of 1936 (7 U.S.C. 950bb) is amended— determination that— PRESIDENT (1) in subsection (d)(1)(B), by striking ‘‘(k)’’ (1) the application of the limitation would Sec. 801. Report relating to waiver of certain and inserting ‘‘(j)’’; cause unreasonable costs or delays to be in- sanctions against North Korea (2) by striking subsection (j); and curred; or eliminated. (3) by redesignating subsections (k) and (l) as (2) application of the limitation would ad- subsections (j) and (k), respectively. TITLE IX—GOVERNMENT versely affect a United States company. (h) REPORT ON EXPORT CREDIT GUARANTEES ACCOUNTABILITY OFFICE (c) AMENDMENT OF FEDERAL ACQUISITION TO EMERGING MARKETS.—Section 1542(e) of the REGULATION.—Not later than 180 days after Sec. 901. Reports eliminated. Food, Agriculture, Conservation, and Trade Act the date of the enactment of this Act, the Sec. 902. Reports modified. of 1990 (Public Law 101–624; 7 U.S.C. 5622 note) Federal Acquisition Regulatory Council es- TITLE X—DEPARTMENT OF HOMELAND is amended— tablished under section 1302 of title 41, SECURITY (1) by striking ‘‘(1) EFFECT OF CREDITS.—’’; United States Code, shall amend the Federal Sec. 1001. Reports eliminated. and Acquisition Regulation to implement this (2) by striking paragraph (2). TITLE XI—DEPARTMENT OF THE section. (i) COMMODITY CREDIT CORPORATION QUAR- INTERIOR (d) DEFINITIONS.—In this section: TERLY REPORT.—Section 13 of the Commodity (1) EXECUTIVE AGENCY.—The term ‘‘execu- Sec. 1101. Royalties in-kind report eliminated. Credit Corporation Charter Act (15 U.S.C. 714k) tive agency’’ has the meaning given the term TITLE XII—DEPARTMENT OF LABOR is amended by striking the second sentence. in section 133 of title 41, United States Code. Sec. 1201. Reports eliminated. (j) EVALUATION OF THE RURAL DEVELOPMENT, (2) FEDERAL ACQUISITION REGULATION.—The BUSINESS AND INDUSTRY GUARANTEED LOAN TITLE XIII—OFFICE OF THE DIRECTOR OF term ‘‘Federal Acquisition Regulation’’ has PROGRAM FINANCING OF LOCALLY OR REGION- NATIONAL INTELLIGENCE the meaning given the term in section 106 of ALLY PRODUCED FOOD PRODUCTS.—Section title 41, United States Code. Sec. 1301. Reports eliminated. 310B(g)(9)(B) of the Consolidated Farm and SEC. 3. EFFECTIVE DATE. TITLE XIV—DEPARTMENT OF STATE Rural Development Act (7 U.S.C. 1932(g)(9)(B)) Section 2 shall apply to purchases of flags Sec. 1401. Report eliminated. is amended— (1) by striking clause (iv); and made on or after 180 days after the date of TITLE XV—DEPARTMENT OF (2) by redesignating clause (v) as clause (iv). the enactment of this Act. TRANSPORTATION SEC. 4. CONSISTENCY WITH INTERNATIONAL (k) UNITED STATES GRAIN STANDARDS ACT RE- AGREEMENTS. Sec. 1501. Reports eliminated. PORTS.—Section 17B of the United States Grain This Act shall be applied in a manner con- Sec. 1502. Reports modified. Standards Act (7 U.S.C. 87f–2) is repealed. sistent with United States obligations under TITLE XVI—DEPARTMENT OF THE (l) NOTIFICATIONS TO CONGRESS ON RELEASE international agreements. TREASURY OF NAMES AND ADDRESSES OF PRODUCERS OPER- ATING UNDER MARKETING AGREEMENTS AND OR- f Sec. 1601. Reports eliminated. DERS.—Section 8d(2) of the Agricultural Adjust- GOVERNMENT REPORTS TITLE XVII—DEPARTMENT OF VETERANS ment Act (7 U.S.C. 608d(2)), reenacted with AFFAIRS ELIMINATION ACT OF 2014 amendments by the Agricultural Marketing Sec. 1701. Reports eliminated. Agreement Act of 1937, is amended by striking Ms. HEITKAMP. Mr. President, I ask TITLE I—DEPARTMENT OF AGRICULTURE the third sentence. unanimous consent that the Senate SEC. 101. REPORTS ELIMINATED. (m) PLANT PEST AND DISEASE MANAGEMENT proceed to the consideration of Cal- AND DISASTER PREVENTION ACTION PLANS RE- (a) INFORMATION ON ADMINISTRATIVE EX- endar No. 505, H.R. 4194. PORTS.—Section 420(c) of the Plant Protect Act PENSES ON COMMODITY PROMOTION PRO- (7 U.S.C. 7721(c)) is amended by striking para- The ACTING PRESIDENT pro tem- GRAMS.—Section 501 of the Federal Agriculture graph (3). pore. The clerk will report the bill by Improvement and Reform Act of 1996 (7 U.S.C. (n) QUARTERLY EXPORT ASSISTANCE RE- title. 7401) is amended— PORTS.—Section 603 of the Agricultural Trade The assistant legislative clerk read (1) by striking subsection (d); Act of 1978 (7 U.S.C. 5713) is repealed. as follows: (2) by redesignating subsections (e) and (f) as (o) RURAL COLLABORATIVE INVESTMENT PRO- subsections (d) and (e), respectively; and A bill (H.R. 4194) to provide for the elimi- GRAM.— (3) in paragraph (4) of subsection (d) (as so re- nation or modification of Federal reporting (1) SECRETARIAL REPORT ON REGIONAL RURAL designated), by striking ‘‘subsection (f)’’ and in- requirements. INVESTMENT BOARDS.—Section 385C(b)(7) of the serting ‘‘subsection (e)’’. Consolidated Farm and Rural Development Act There being no objection, the Senate (b) UNFAIR TRADE PRACTICES REPORT AND RE- (7 U.S.C. 2009dd–2(b)(7)) is amended— proceeded to consider the bill, which LATED MEETING.—Section 108 of the Act of Au- (A) in subparagraph (B), by adding ‘‘and’’ at had been reported from the Committee gust 28, 1954 (commonly known as the ‘‘Agricul- the end; on Homeland Security and Govern- tural Act of 1954’’) (7 U.S.C. 1748), is repealed. (B) in subparagraph (C), by striking ‘‘; and’’ (c) FARMLAND PROTECTION POLICY ACT AN- mental Affairs, with an amendment to and inserting a period; and NUAL REPORT.—Section 1546 of the Agriculture strike all after the enacting clause and (C) by striking subparagraph (D). and Food Act of 1981 (7 U.S.C. 4207) is repealed. insert in lieu thereof the following: (2) REPORT BY REGIONAL RURAL INVESTMENT (d) PEANUT BASE ACRES DATA COLLECTION SECTION 1. SHORT TITLE. BOARD TO NATIONAL RURAL INVESTMENT BOARD AND PUBLICATION.—Section 1302(d) of the Food, This Act may be cited as the ‘‘Government Re- AND THE SECRETARY.—Section 385D(a)(7) of Con- Conservation, and Energy Act of 2008 (7 U.S.C. ports Elimination Act of 2014’’. solidated Farm and Rural Development Act (7 8752(d)) is amended— U.S.C. 2009dd–3(a)(7)) is amended— SEC. 2. TABLE OF CONTENTS. (1) by striking paragraph (3); (A) in subparagraph (C), by adding ‘‘and’’ at The table of contents for this Act is as follows: (2) in paragraph (4), by striking ‘‘Paragraphs the end; Sec. 1. Short title. (1) through (3)’’ and inserting ‘‘Paragraphs (1) Sec. 2. Table of contents. (B) by striking subparagraph (D); and and (2)’’; and (C) by redesignating subparagraph (E) as sub- TITLE I—DEPARTMENT OF AGRICULTURE (3) by redesignating paragraph (4) as para- paragraph (D). graph (3). Sec. 101. Reports eliminated. (p) STATUS REPORT FOR FOREIGN MARKET DE- (e) OTHER BASE ACRES DATA COLLECTION AND TITLE II—DEPARTMENT OF COMMERCE VELOPMENT.—Section 702 of the Agricultural PUBLICATION.—Section 1101(d) of the Food, Sec. 201. Reports eliminated. Trade Act of 1978 (7 U.S.C. 5722) is amended by Conservation, and Energy Act of 2008 (7 U.S.C. striking subsection (c). TITLE III—CORPORATION FOR NATIONAL 8711(d)) is amended— (q) SOUTHEASTERN ALASKA TIMBER RE- AND COMMUNITY SERVICE (1) by striking paragraph (3); PORTS.—Section 706 of the Alaska National In- Sec. 301. Reports eliminated. (2) in paragraph (4), by striking ‘‘Paragraphs terest Lands Conservation Act (16 U.S.C. 539e) is TITLE IV—DEPARTMENT OF DEFENSE (1) through (3)’’ and inserting ‘‘Paragraphs (1) repealed. and (2)’’; and Sec. 401. Reports eliminated. (3) by redesignating paragraph (4) as para- TITLE II—DEPARTMENT OF COMMERCE TITLE V—DEPARTMENT OF EDUCATION graph (3). SEC. 201. REPORTS ELIMINATED. Sec. 501. Report on Impact Aid construction (f) BEGINNING FARMER AND RANCHER INDI- (a) EFFORTS AND PROGRESS IN BECOMING DES- justifying discretionary grant VIDUAL DEVELOPMENT ACCOUNTS PILOT PRO- IGNATED AS SEA GRANT COLLEGE OR INSTI- awards eliminated. GRAM REPORT.—Section 333B of the Consoli- TUTE.—Section 207 of the National Sea Grant

VerDate Sep 11 2014 04:40 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00050 Fmt 4624 Sfmt 6333 E:\CR\FM\A16SE6.027 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE September 16, 2014 CONGRESSIONAL RECORD — SENATE S5645 Program Act (33 U.S.C. 1126) is amended by (2) by redesignating clause (vi) (as added by (2) in the second sentence, by inserting ‘‘of striking subsection (e). section 310(a)(4) of Public Law 112–110; 126 Stat. Congress’’ after ‘‘committee or member’’. (b) ENTERPRISE INTEGRATION STANDARDIZA- 1524) as clause (v). (c) ANNUAL AUDIT OF THE CONGRESSIONAL TION AND IMPLEMENTATION.—Section 3 of the TITLE VII—ENVIRONMENTAL AWARD FOUNDATION.— (1) USE OF PRIVATE INDEPENDENT PUBLIC AC- Enterprise Integration Act of 2002 (15 U.S.C. PROTECTION AGENCY 278g-5) is amended— COUNTANT.—Section 107 of the Congressional SEC. 701. GREAT LAKES MANAGEMENT COM- (1) by striking subsection (c); and Award Act (2 U.S.C. 807) is amended to read as PREHENSIVE REPORT ELIMINATED. follows: (2) by redesignating subsections (d) and (e) as Section 118(c) of the Federal Water Pollution ‘‘AUDITS subsections (c) and (d), respectively. Control Act (33 U.S.C. 1268(c)) is amended— ‘‘SEC. 107. (a) CONTRACTS WITH INDEPENDENT (c) ENSURING EQUAL ACCESS TO SEA GRANT (1) by striking paragraph (10); and PUBLIC ACCOUNTANT.—The Board shall enter FELLOWSHIP PROGRAM.—Section 208(a) of the (2) by redesignating paragraphs (11) through into a contract with an independent public ac- National Sea Grant Program Act (33 U.S.C. (13) as paragraphs (10) through (12), respec- countant to conduct an annual audit in accord- 1127(a)) is amended by striking the fourth sen- tively. tence. ance with generally accepted government audit- TITLE VIII—EXECUTIVE OFFICE OF THE (d) TECHNOLOGY INNOVATION PROGRAM AC- ing standards, of the financial records of the PRESIDENT TIVITIES.—Section 28 of the National Institute of Board and of any corporation established under Standards and Technology Act (15 U.S.C. 278n) SEC. 801. REPORT RELATING TO WAIVER OF CER- section 106(i), and shall ensure that the inde- is amended— TAIN SANCTIONS AGAINST NORTH pendent public accountant has access for the KOREA ELIMINATED. (1) by striking subsection (g); purpose of the audit to any books, documents, Section 1405 of the Supplemental Appropria- (2) by redesignating subsections (h) through papers, and records of the Board or such cor- tions Act, 2008 (22 U.S.C. 2799aa–1 note) is (l) as subsections (g) through (k), respectively; poration (or any agent of the Board or such cor- amended— and poration) which the independent public ac- (1) by striking subsection (c); and countant reasonably determines to be pertinent (3) in subsection (k)(5), as redesignated, by (2) by redesignating subsection (d) as sub- striking ‘‘under subsection (k)’’ and inserting to the Congressional Award Program. section (c). ‘‘(b) ANNUAL REPORT TO CONGRESS ON AUDIT ‘‘under subsection (j)’’. TITLE IX—GOVERNMENT RESULTS.—Not later than May 15 of each cal- (e) TIP ADVISORY BOARD ANNUAL REPORT.— endar year, the Board shall submit to appro- Section 28 of the National Institute of Standards ACCOUNTABILITY OFFICE priate officers, committees, and subcommittees of and Technology Act (15 U.S.C. 278n) is further SEC. 901. REPORTS ELIMINATED. Congress and to the Comptroller General of the amended in subsection (j), as redesignated by (a) EXPENDITURES OF LOCAL EDUCATIONAL United States a report on the results of the most AGENCIES.—Section 1904 of the Elementary and subsection (d), by striking paragraph (5). recent audit conducted pursuant to this section, (f) NORTHWEST ATLANTIC FISHERIES ACTIVI- Secondary Education Act of 1965 (20 U.S.C. 6574) is repealed. and shall include in the report information on TIES.—Section 212 of the Northwest Atlantic any such additional areas as the independent (b) USE OF RECOVERY ACT FUNDS BY STATES Fisheries Convention Act of 1995 (16 U.S.C. 5611) public accountant who conducted the audit de- is repealed. AND LOCALITIES REPORT.—Section 901 of the American Recovery and Reinvestment Act of termines deserve or require evaluation. TITLE III—CORPORATION FOR NATIONAL ‘‘(c) REVIEW BY THE COMPTROLLER GENERAL 2009 (Public Law 111–5; 123 Stat. 191) is re- AND COMMUNITY SERVICE OF ANNUAL AUDIT.— pealed. SEC. 301. REPORTS ELIMINATED. ‘‘(1) The Comptroller General of the United (c) HELP AMERICA VOTE ACT FUNDS AUDIT.— States shall review each annual audit conducted (a) SERVICE-LEARNING IMPACT STUDY.—The (1) ELIMINATION OF AUDIT.—Section 902(b) of under subsection (a). National and Community Service Act of 1990 is the Help America Vote Act of 2002 (42 U.S.C. ‘‘(2) For purposes of a review under para- amended by repealing part IV of subtitle B of 15542(b)) is amended— graph (1), the Comptroller General, or any duly title I (42 U.S.C. 12565). (A) in paragraph (1), by striking ‘‘paragraph authorized representative of the Comptroller (b) REPORTS BY OTHER FEDERAL AGENCIES TO (5)’’ and inserting ‘‘paragraph (4)’’; General, shall have access to any books, docu- THE CORPORATION.—Section 182 of the National (B) by striking paragraph (3); and ments, papers, and records of the Board or such (C) by redesignating paragraphs (4) through and Community Service Act of 1990 (42 U.S.C. corporation, or any agent of the Board or such 12642) is amended— (6) as paragraphs (3) through (5). corporation, including the independent external (2) PRESERVATION OF AUTHORITY TO RECOUP (1) by striking the following: auditor designated under subsection (a), which, FUNDS RESULTING FROM PRIOR AUDITS.—Section ‘‘(a) DESIGN OF PROGRAMS.—’’; and in the opinion of the Comptroller General, may 902(c) of such Act (42 U.S.C. 15542(c)) is amend- (2) by striking subsection (b). be pertinent. TITLE IV—DEPARTMENT OF DEFENSE ed by inserting after ‘‘subsection (b)’’ the fol- ‘‘(3) Not later than 180 days after the date on lowing: ‘‘prior to the date of the enactment of SEC. 401. REPORTS ELIMINATED. which the Comptroller General receives a report the Government Reports Elimination Act of under subsection (b), the Comptroller General (a) DISPLAY OF ANNUAL BUDGET REQUIRE- 2014’’. shall submit to Congress a report containing the MENTS FOR AIR SOVEREIGNTY ALERT MISSION.— (d) STATE SMALL BUSINESS CREDIT INITIATIVE results of the review conducted under para- Section 354 of the Duncan Hunter National De- AUDIT AND REPORT.—Section 3011 of the Small fense Authorization Act for Fiscal Year 2009 graph (1) with respect to the preceding year.’’. Business Jobs Act of 2010 (12 U.S.C. 5710) is (2) AMENDMENTS RELATING TO COMPLIANCE (Public Law 110–417; 10 U.S.C. 221 note) is here- amended— WITH FISCAL CONTROL AND ACCOUNTING POLICIES by repealed. (1) by striking subsection (b); and AND PROCEDURES.—Section 104(c) of the Con- (b) ANNUAL REPORT ON RELIABILITY OF DE- (2) by redesignating subsections (c) and (d) as gressional Award Act (2 U.S.C. 804(c)) is amend- PARTMENT OF DEFENSE FINANCIAL STATE- subsections (b) and (c), respectively. ed— MENTS.—Section 1008 of the National Defense (e) SMALL BUSINESS LENDING FUND PROGRAM (A) in paragraph (1), in the first sentence, Authorization Act for Fiscal Year 2002 (Public AUDIT AND REPORT.—Section 4107 of the Small by— Law 107–107; 10 U.S.C. 113 note) is amended— Business Jobs Act of 2010 (12 U.S.C. 4741 note) (i) inserting ‘‘policies and’’ before ‘‘proce- (1) by striking subsections (a) and (b); and is amended— dures’’; and (2) in subsection (d)(1), by striking ‘‘(b) or’’. (1) by striking subsection (c); and (ii) striking ‘‘fund’’; and TITLE V—DEPARTMENT OF EDUCATION (2) by redesignating subsections (d) and (e) as (B) in paragraph (2)(A)— subsections (c) and (d), respectively. (i) in the first sentence, by striking ‘‘The SEC. 501. REPORT ON IMPACT AID CONSTRUC- (f) HOUSING ASSISTANCE COUNCIL FINANCIAL Comptroller General of the United States’’ and TION JUSTIFYING DISCRETIONARY TATEMENT UDIT EPORT GRANT AWARDS ELIMINATED. S A R .—Section 6303(a) of inserting ‘‘The independent public accountant the Food, Conservation, and Energy Act of 2008 Section 8007(b) of the Elementary and Sec- conducting the annual audit of the financial (42 U.S.C. 1490e note) is amended by striking ondary Education Act of 1965 (20 U.S.C. 7707(b)) records of the Board pursuant to section paragraph (3). is amended by striking paragraph (7). 107(a)’’; and SEC. 902. REPORTS MODIFIED. (ii) in the second sentence, by striking ‘‘the TITLE VI—DEPARTMENT OF ENERGY (a) NATIONAL PREVENTION, HEALTH PRO- Comptroller General’’ and inserting ‘‘the inde- SEC. 601. REPORTS ELIMINATED. MOTION AND PUBLIC HEALTH COUNCIL.—Sub- pendent public accountant’’. (a) SCIENCE AND ENGINEERING EDUCATION section (i) of section 4001 of the Patient Protec- (3) EFFECTIVE DATE.—The amendments made PILOT PROGRAM.—Section 983 of the Energy tion and Affordable Care Act (42 U.S.C. 300u–10) by this subsection shall take effect on October 1, Policy Act of 2005 (42 U.S.C. 16323) is amended is amended by striking ‘‘The Secretary and the 2014. by striking subsection (d). Comptroller General of the United States shall (d) ANNUAL GAO REVIEW OF PROPOSED HHS (b) STRATEGIC UNCONVENTIONAL FUELS DE- jointly conduct periodic reviews’’ and inserting RECOVERY THRESHOLD.—The third sentence of VELOPMENT PROGRAM.—Section 369(i) of Energy ‘‘The Secretary shall conduct periodic reviews’’. section 1862(b)(9)(B)(i) of the Social Security Act Policy Act of 2005 (42 U.S.C. 15927(i)) is amend- (b) POSTCARD MANDATE.—Section 719(g)(2) of (42 U.S.C. 1395y(b)(9)(B)(i)) is amended by strik- ed by striking paragraph (3). title 31, United States Code is amended— ing ‘‘for a year’’ and inserting ‘‘for 2014’’. (c) ENERGY EFFICIENCY STANDARDS FOR IN- (1) by striking the first sentence and inserting TITLE X—DEPARTMENT OF HOMELAND DUSTRIAL EQUIPMENT.—Section 342(a)(6)(C) of the following: ‘‘The Comptroller General shall SECURITY Energy Policy and Conservation Act (42 U.S.C. make each list available through the public SEC. 1001. REPORTS ELIMINATED. 6313(a)(6)(C)) is amended— website of the Government Accountability Of- (a) PROHIBITION ON IMPORTATION OF PROD- (1) by striking clause (v); and fice.’’; and UCTS MADE WITH DOG OR CAT FUR.—Section 308

VerDate Sep 11 2014 04:40 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00051 Fmt 4624 Sfmt 6333 E:\CR\FM\A16SE6.029 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE S5646 CONGRESSIONAL RECORD — SENATE September 16, 2014

of the Tariff Act of 1930 (19 U.S.C. 1308) is (1) by striking subparagraph (H); and (b) REPORT ON VOTING ON INTERNATIONAL FI- amended by striking subsection (e). (2) by redesignating subparagraph (I) as sub- NANCIAL INSTITUTIONS LOAN PROPOSALS.—Sec- (b) PORT OF ENTRY INFRASTRUCTURE ASSESS- paragraph (H). tion 701 of the International Financial Institu- MENT STUDY AND NATIONAL LAND BORDER SECU- (b) ANNUAL SUMMARIES OF AIRPORT FINAN- tions Act (22 U.S.C. 262d) is amended by striking RITY PLAN.—The Border Infrastructure and CIAL REPORTS.— subsection (c) and redesignating subsection (d) Technology Modernization Act of 2007 (title VI (1) IN GENERAL.—Section 47107 of title 49, through subsection (g) (as added by section of division E of Public Law 110–161; 6 U.S.C. United States Code, is amended by striking sub- 501(g) of Public Law 96–259) as subsections (c) 1401 et seq.) is amended by striking sections 603 section (k). through (f), respectively. and 604. (2) CONFORMING AMENDMENTS.— (c) REPORT ON NEW IMF ARRANGEMENTS RE- (c) FEES FOR CERTAIN CUSTOMS SERVICES.— (A) Section 47107 of title 49, United States GARDING RATES AND MATURITIES.—Section 605 (1) REPEAL.—Section 13031 of the Consolidated Code, as amended by paragraph (1), is further of the Foreign Operations, Export Financing, Omnibus Budget Reconciliation Act of 1985 amended— and Related Programs Appropriations Act, 1999 (Public Law 99–272; 19 U.S.C. 58c) is amended— (i) by redesignating subsections (l) through (t) (112 Stat. 2681–222), as enacted into law by sec- (A) in subsection (a)(9), by striking subpara- as subsections (k) through (s), respectively; tion 101(d) of division A of the Omnibus Consoli- graph (C) and redesignating subparagraph (D) (ii) in paragraph (5) of subsection (k), as re- dated and Emergency Supplemental Appropria- as subparagraph (C); and designated by clause (i)— tions Act, 1999 (Public Law 105–277), is amended (B) in subsection (f)— (I) in the matter preceding subparagraph (A), by striking subsection (d). (i) in paragraph (3)— by striking ‘‘subsection (n)(7)’’ and inserting (d) REPORT ON SIGNIFICANT MODIFICATIONS.— (I) by striking subparagraph (D); and ‘‘subsection (m)(7)’’; and The Government Securities Act Amendments of (II) by redesignating subparagraph (E) as (II) in subparagraph (B), by striking ‘‘sub- 1993 (Public Law 103–202; 31 U.S.C. 3121 note) is subparagraph (D); section (n)’’ and inserting ‘‘subsection (m)’’; (ii) by striking paragraph (4); and (iii) in subsection (m), as so redesignated— amended— (iii) by redesignating paragraphs (5) and (6) (I) by striking ‘‘subsections (b) and (l)’’ each (1) by striking section 203; and as paragraphs (4) and (5), respectively. place it appears and inserting ‘‘subsections (b) (2) in the table of contents for such Act, by (2) CONFORMING AMENDMENTS.—Subsection (f) striking the item relating to section 203. of such section is further amended— and (k)’’; and (A) in paragraph (1)(B), by striking ‘‘para- (II) by striking ‘‘subsection (o)’’ each place it TITLE XVII—DEPARTMENT OF VETERANS graph (5)’’ and inserting ‘‘paragraph (4)’’; and appears and inserting ‘‘subsection (n)’’; AFFAIRS (B) in paragraph (3)(A), by striking ‘‘para- (iv) in subsection (n), as so redesignated, by SEC. 1701. REPORT ELIMINATED. striking ‘‘subsection (n)’’ each place it appears graph (5)’’ and inserting ‘‘paragraph (4)’’. Section 8125 of title 38, United States Code, is and inserting ‘‘subsection (m)’’; (d) MODERNIZATION OF NATIONAL DISTRESS amended— (v) in subsection (o), as so redesignated, by AND RESPONSE SYSTEM.— (1) by striking subsection (d); and (1) REPEAL.—Section 346 of the Maritime striking ‘‘subsection (o)’’ and inserting ‘‘sub- section (n)’’; (2) by redesignating subsection (e) as sub- Transportation Security Act of 2002 (Public Law section (d). 107–295; 14 U.S.C. 88 note) is repealed. (vi) in subsection (p), as so redesignated, by (2) CLERICAL AMENDMENT.—The table of con- striking ‘‘subsections (a) through (p)’’ and in- Mr. WARNER. Mr. President, I rise tents in section 1(b) of such Act is amended by serting ‘‘subsections (a) through (o)’’; and today to discuss the passage of the striking the item relating to section 346. (vii) in subsection (q), as so redesignated, by Government Reports Elimination Act— TITLE XI—DEPARTMENT OF THE striking ‘‘subsections (q)(1) through (3)’’ and in- a bill that will eliminate or modify 53 INTERIOR serting ‘‘paragraphs (1) through (3) of sub- section (p)’’. Congressionally mandated reports. SEC. 1101. ROYALTIES IN-KIND REPORT ELIMI- (B) Section 46301(d)(2) of such title is amended In 2010, we passed the Government NATED. Performance and Results Moderniza- Section 342 of the Energy Policy Act of 2005 by striking ‘‘section 47107(l)’’ and inserting (42 U.S.C. 15902) is amended— ‘‘section 47107(k)’’. tion Act, which added several new re- (1) by striking subsection (e); and (C) Section 47111(e) of such title is amended porting requirements for Federal agen- (2) by redesignating subsections (f) through (j) by striking ‘‘section 47107(l)’’ and inserting cies. Too often, we add these new re- as subsections (e) through (i), respectively. ‘‘section 47107(k)’’. porting requirements without looking (D) Section 9502 of the Internal Revenue Code TITLE XII—DEPARTMENT OF LABOR of 1986 is amended by striking ‘‘section back to see if there are any outdated SEC. 1201. REPORTS ELIMINATED. 47107(n)’’ each place it appears and inserting reports that could be eliminated. (a) OLDER AMERICANS ACT OF 1965.—Section ‘‘section 47107(m)’’. So we asked Federal agencies to 515 of the Older Americans Act of 1965 (42 (c) ANNUAL REPORT ON PIPELINE SAFETY IN- identify any duplicative or outdated re- U.S.C. 3056m) is repealed. FORMATION GRANTS TO COMMUNITIES.—Section ports that we could cut. In response, (b) ANDEAN TRADE PREFERENCE ACT.—Section 60130 of title 49, United States Code, is amend- 207 of the Andean Trade Preference Act (19 the administration published its first ed— list of more than 300 reports from U.S.C. 3205) is repealed. (1) by striking subsection (c); and TITLE XIII—OFFICE OF THE DIRECTOR OF (2) by redesignating subsection (d) as sub- about 30 agencies and we turned this NATIONAL INTELLIGENCE section (c). list into the Government Reports SEC. 1301. REPORTS ELIMINATED. (d) ANNUAL REPORT ON PILOT PROGRAM FOR Elimination Act. (a) TREATY ON CONVENTIONAL ARMED FORCES INNOVATIVE FINANCING OF AIR TRAFFIC CON- Senator AYOTTE and I introduced this IN EUROPE.—Section 2(5)(E) of the Senate reso- TROL EQUIPMENT.—Section 182 of the Vision bill in the Senate and Congressmen lution advising and consenting to ratification of 100—Century of Aviation Reauthorization Act DARRELL ISSA and GERRY CONNOLLY in- the Document Agreed Among the States Parties (117 Stat. 2515; 49 U.S.C. 44502 note) is amend- troduced the companion in the House. to the Treaty on Conventional Armed Forces in ed— Europe (CFE) of November 19, 1990, adopted at (1) by striking subsection (e); and The final bill will eliminate or modify Vienna May 31, 1996 (Treaty Doc. 105–5) (com- (2) by redesignating subsection (f) as sub- 53. In doing so, we are removing real monly referred to as the ‘‘CFE Flank Docu- section (e). barriers to productivity across the gov- ment’’), 105th Congress, agreed to May 14, 1997, (e) REPORTS ON JUSTIFICATIONS FOR AIR DE- ernment. This represents a real step, is repealed. FENSE IDENTIFICATION ZONES.—Section 602 of albeit a modest one, toward making (b) REPORTS ON COMMERCE WITH, AND ASSIST- the Vision 100—Century of Aviation Reauthor- our government work better. ization Act (117 Stat. 2563), and the item relat- ANCE TO, CUBA FROM OTHER FOREIGN COUN- If these reports are not being used— TRIES.— ing to that section in the table of contents con- (1) REPEAL.—Section 108 of the Cuban Liberty tained in section 1(b) of that Act, are repealed. and are simply collecting dust on a and Democratic Solidarity (LIBERTAD) Act of (f) ANNUAL REPORT ON STANDARDS FOR AIR- shelf—then they are wasteful, and we 1996 (22 U.S.C. 6038) is repealed. CRAFT AND AIRCRAFT ENGINES TO REDUCE NOISE cannot afford that kind of waste Elimi- (2) CLERICAL AMENDMENT.—The table of con- LEVELS.—Section 726 of the Wendell H. Ford nating a handful of reports won’t solve tents in section 1(b) of such Act is amended by Aviation Investment and Reform Act for the 21st our budget challenges—but every hour striking the item relating to section 108. Century (114 Stat. 167; 49 U.S.C. 47508 note) is and dollar saved helps. This bill helps TITLE XIV—DEPARTMENT OF STATE amended by striking subsection (c). free up time for our Federal employees SEC. 1401. REPORT ELIMINATED. SEC. 1502. REPORT MODIFIED. to focus on priorities. Section 1138(a) of title 49, United States Code, Section 620F of the Foreign Assistance Act of The passage of the Government Re- 1961 (22 U.S.C. 2376) is amended by striking sub- is amended by striking ‘‘at least annually, but section (c). may be conducted’’. ports Elimination Act makes a small down payment on the broader problem, TITLE XV—DEPARTMENT OF TITLE XVI—DEPARTMENT OF THE TRANSPORTATION TREASURY which is why I’m also working on an- SEC. 1501. REPORTS ELIMINATED. SEC. 1601. REPORTS ELIMINATED. other bill to make further reductions (a) REPORTS OF AIR TRAFFIC SERVICES COM- (a) ANNUAL REPORT ON THE NORTH AMERICAN in Congressionally mandated reports. MITTEE.—Section 106(p)(7) of title 49, United DEVELOPMENT BANK.—Section 2 of Public Law In June, the administration sent over States Code, is amended— 108–215 (22 U.S.C. 290m–6) is repealed. the second list of outdated reports for

VerDate Sep 11 2014 05:25 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A16SE6.029 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE September 16, 2014 CONGRESSIONAL RECORD — SENATE S5647 elimination and our new bill will in- SEC. 2. THRIFT SAVINGS PLAN DEFAULT INVEST- A bill (S. 2511) to amend the Employee Re- clude their recommendations and re- MENT FUND. tirement Income Security Act of 1974 to clar- (a) IN GENERAL.—Section 8438(c)(2) of title flects my ongoing commitment to ify the definition of substantial cessation of 5, United States Code, is amended to read as operations. eliminating these outdated reports. follows: I wish to thank Senator AYOTTE for ‘‘(2)(A) Except as provided in subparagraph There being no objection, the Senate being my partner on this work. It has (B), if an election has not been made with re- proceeded to consider the bill, which been an honor to work with her on our spect to any sums available for investment had been reported from the Committee Budget Committee Government Per- in the Thrift Savings Fund, the Executive on Health, Education, Labor, and Pen- formance Task Force. Director shall invest such sums in an age-ap- sions, with an amendment to strike all I also want to thank Senators CAR- propriate target date asset allocation port- after the enacting clause and insert in PER and COBURN for their leadership on folio of the funds described in subsection (b), lieu thereof the following: as determined by the Executive Director. this issue and advancing this bill ‘‘(B) If an election has not been made by a SECTION 1. SUBSTANTIAL CESSATION OF OPER- through their Committee. Addition- member (as defined in section 211 of title 37) ATIONS. ally, I would like to thank our other contributing to the Thrift Savings Fund (a) IN GENERAL.—Subsection (e) of section cosponsors, Senators FEINSTEIN and under section 8440e with respect to any sums 4062 of the Employee Retirement Income Secu- MCCASKILL for their support. available for investment in such member’s rity Act of 1974 (29 U.S.C. 1362) is amended to Ms. HEITKAMP. Mr. President, I ask Thrift Savings Fund account, the Executive read as follows: unanimous consent that the com- Director shall invest such sums in the Gov- ‘‘(e) TREATMENT OF SUBSTANTIAL CESSATION ernment Securities Investment Fund.’’. OF OPERATIONS.— mittee-reported substitute amendment ‘‘(1) GENERAL RULE.—Except as provided in be considered; the Carper amendment (b) ACKNOWLEDGMENT OF RISK.—Section 8439(d) of title 5, United States Code, is paragraphs (3) and (4), if there is a substantial which is at the desk be agreed to; the amended— cessation of operations at a facility in any loca- committee-reported amendment, as (1) by inserting ‘‘(1)’’ before ‘‘Each em- tion, the employer shall be treated with respect amended, be agreed to; the bill, as ployee’’; and to any single employer plan established and amended, be read a third time and (2) by adding at the end the following: maintained by the employer covering partici- passed; and that the motion to recon- ‘‘(2) Before the date on which an individual pants at such facility as if the employer were a sider be considered made and laid upon is enrolled to make contributions to the substantial employer under a plan under which the table, with no intervening action Thrift Savings Fund, or as soon as practical more than one employer makes contributions thereafter, an individual who is automati- and the provisions of sections 4063, 4064, and or debate. 4065 shall apply. The ACTING PRESIDENT pro tem- cally enrolled under section 8432(b)(2) shall receive the risk acknowledgment informa- ‘‘(2) SUBSTANTIAL CESSATION OF OPER- pore. Without objection, it is so or- tion described in paragraph (1).’’. ATIONS.—For purposes of this subsection: dered. (c) TECHNICAL AND CONFORMING AMEND- ‘‘(A) IN GENERAL.—The term ‘substantial ces- The amendment (No. 3820) in the na- MENT.—Section 8472(g)(2) of title 5, United sation of operations’ means a permanent ces- ture of a substitute was agreed to. States Code, is amended by striking ‘‘re- sation of operations at a facility which results (The amendment is printed in today’s quired by section 8438 of this title to be in- in a workforce reduction of a number of eligible RECORD under ‘‘Text of Amendments.’’) vested in securities of the Government’’ and employees at the facility equivalent to more The committee-reported amendment inserting ‘‘under section 8438(c)(2)(B)’’. than 15 percent of the number of all eligible em- in the nature of a substitute, as amend- (d) GUIDANCE.—Not later than 9 months ployees of the employer, determined immediately ed, was agreed to. after the date of enactment of this Act, the before the earlier of— The amendments were ordered to be Executive Director (as that term is defined ‘‘(i) the date of the employer’s decision to im- plement such cessation, or engrossed and the bill to be read a under section 8401(13) of title 5, United States Code) shall develop and issue guid- ‘‘(ii) in the case of a workforce reduction third time. ance implementing the amendments made by which includes 1 or more eligible employees de- The bill was read the third time. this section. scribed in paragraph (6)(B), the earliest date on The bill (H.R. 4194), as amended, was (e) EFFECTIVE DATE AND APPLICATION.—The which any such eligible employee was separated passed. amendments made by this section shall— from employment. f (1) take effect on the date on which the Ex- ‘‘(B) WORKFORCE REDUCTION.—Subject to sub- ecutive Director issues guidance under sub- paragraphs (C) and (D), the term ‘workforce re- SMART SAVINGS ACT section (d); and duction’ means the number of eligible employees Ms. HEITKAMP. Mr. President, I ask (2) apply to individuals who enroll in the at a facility who are separated from employment unanimous consent that the Senate Thrift Savings Plan on or after such date. by reason of the permanent cessation of oper- proceed to the immediate consider- SEC. 3. CLARIFICATION OF FIDUCIARY PROTEC- ations of the employer at the facility. TIONS. ‘‘(C) RELOCATION OF WORKFORCE.—An eligible ation of Calendar No. 522, S. 2117. Section 8477(e)(1)(C)(ii) of title 5, United The ACTING PRESIDENT pro tem- employee separated from employment at a facil- States Code, is amended— ity shall not be taken into account in computing pore. The clerk will report the bill by (1) in subclause (II)— a workforce reduction if, within a reasonable title. (A) by inserting ‘‘or beneficiary’’ after period of time, the employee is replaced by the The assistant legislative clerk read ‘‘participant’’; and employer, at the same or another facility located as follows: (B) by inserting ‘‘or option’’ after ‘‘fund’’; in the United States, by an employee who is a A bill (S. 2117) to amend title 5, United and citizen or resident of the United States. States Code, to change the default invest- (2) in subclause (III)— ‘‘(D) DISPOSITIONS.—If, whether by reason of ment fund under the Thrift Savings Plan, (A) by inserting ‘‘or beneficiary’’ after a sale or other disposition of the assets or stock and for other purposes. ‘‘participant’’; and of a contributing sponsor (or any member of the There being no objection, the Senate (B) by inserting ‘‘or beneficiaries’ ’’ after same controlled group as such a sponsor) of the proceeded to consider the bill. ‘‘participants’ ’’. plan relating to operations at a facility or other- Ms. HEITKAMP. Mr. President, I ask The bill (S. 2117), as amended, was or- wise, an employer (the ‘transferee employer’) other than the employer which experiences the unanimous consent that the Warren dered to be engrossed for a third read- ing, was read the third time, and substantial cessation of operations ( the ‘trans- substitute amendment, which is at the feror employer’) conducts any portion of such desk, be agreed to, the bill, as amend- passed. operations, then— ed, be read a third time and passed, and f ‘‘(i) an eligible employee separated from em- the motion to reconsider be considered AMENDING THE EMPLOYEE RE- ployment with the transferor employer at the fa- made and laid upon the table, with no cility shall not be taken into account in com- TIREMENT INCOME SECURITY puting a workforce reduction if— intervening action or debate. ACT OF 1974 The ACTING PRESIDENT pro tem- ‘‘(I) within a reasonable period of time, the pore. Without objection, it is so or- Ms. HEITKAMP. Mr. President, I ask employee is replaced by the transferee employer unanimous consent that the Senate by an employee who is a citizen or resident of dered. the United States; and The amendment (No. 3821) was agreed proceed to the immediate consider- ation of Calendar No. 552, S. 2511. ‘‘(II) in the case of an eligible employee who to, as follows: is a participant in a single employer plan main- Strike all after the enacting clause and in- The ACTING PRESIDENT pro tem- tained by the transferor employer, the transferee sert the following: pore. The clerk will report the bill by employer, within a reasonable period of time, SECTION 1. SHORT TITLE. title. maintains a single employer plan which in- This Act may be cited as the ‘‘Smart Sav- The assistant legislative clerk read cludes the assets and liabilities attributable to ings Act’’. as follows: the accrued benefit of the eligible employee at

VerDate Sep 11 2014 04:40 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00053 Fmt 4624 Sfmt 6333 E:\CR\FM\A16SE6.030 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE S5648 CONGRESSIONAL RECORD — SENATE September 16, 2014

the time of separation from employment with the FUNDED.—An employer’s obligation to make ad- ‘‘(6) SPECIAL RULES.— transferor employer; and ditional contributions under this paragraph ‘‘(A) CHANGE IN OPERATION OF CERTAIN FA- ‘‘(ii) an eligible employee who continues to be shall not apply to— CILITIES AND PROPERTY.—For purposes of para- employed at the facility by the transferee em- ‘‘(i) the first plan year (beginning on or after graphs (1) and (2), an employer shall not be ployer shall not be taken into account in com- the first day of the plan year in which the ces- treated as ceasing operations at a qualified puting a workforce reduction if— sation occurs) for which the ratio of the market lodging facility (as defined in section ‘‘(I) the eligible employee is not a participant value of the assets of the plan to the funding 856(d)(9)(D) of the Internal Revenue Code of in a single employer plan maintained by the target of the plan for the plan year is 90 percent 1986) if such operations are continued by an eli- transferor employer, or or greater, or gible independent contractor (as defined in sec- ‘‘(II) in any other case, the transferee em- ‘‘(ii) any plan year following such first plan tion 856(d)(9)(A) of such Code) pursuant to an ployer, within a reasonable period of time, year. agreement with the employer. maintains a single employer plan which in- ‘‘(D) COORDINATION WITH FUNDING WAIVERS.— ‘‘(B) AGGREGATION OF PRIOR SEPARATIONS.— cludes the assets and liabilities attributable to ‘‘(i) IN GENERAL.—If the Secretary of the The workforce reduction under paragraph (2) the accrued benefit of the eligible employee at Treasury issues a funding waiver under section with respect to any cessation of operations shall the time of separation from employment with the 302(c) with respect to the plan for a plan year be determined by taking into account any sepa- transferor employer. in the 7-plan-year period under subparagraph ration from employment of any eligible employee ‘‘(3) EXEMPTION FOR PLANS WITH LIMITED (A), the additional contribution with respect to at the facility (other than a separation which is UNDERFUNDING.—Paragraph (1) shall not apply such plan year shall be permanently waived. not taken into account as workforce reduction with respect to a single employer plan if, for the ‘‘(ii) NOTICE.—An employer maintaining a by reason of subparagraph (C) or (D) of para- plan year preceding the plan year in which the plan with respect to which such a funding waiv- graph (2)) which— cessation occurred— er has been issued or a request for such a fund- ‘‘(i) is related to the permanent cessation of ‘‘(A) there were fewer than 100 participants ing waiver is pending shall provide notice to the operations of the employer at the facility, and with accrued benefits under the plan as of the Secretary of the Treasury, in such form and at ‘‘(ii) occurs during the 3-year period preceding valuation date of the plan for the plan year (as such time as the Secretary of the Treasury shall such cessation. determined under section 303(g)(2)); or provide, of a cessation of operations to which ‘‘(C) NO ADDITION TO PREFUNDING BALANCE.— ‘‘(B) the ratio of the market value of the as- paragraph (1) applies. For purposes of section 303(f)(6)(B) and section sets of the plan to the funding target of the plan ‘‘(E) ENFORCEMENT.— 430(f)(6)(B) of the Internal Revenue Code of for the plan year was 90 percent or greater. ‘‘(i) NOTICE.—An employer making the elec- 1986, any additional contribution made under ‘‘(4) ELECTION TO MAKE ADDITIONAL CON- tion under this paragraph shall provide notice paragraph (4) shall be treated in the same man- TRIBUTIONS TO SATISFY LIABILITY.— to the Corporation, in accordance with rules ner as a contribution an employer is required to ‘‘(A) IN GENERAL.—An employer may elect to prescribed by the Corporation, of— make in order to avoid a benefit reduction under satisfy the employer’s liability with respect to a ‘‘(I) such election, not later than 30 days after paragraph (1), (2), or (4) of section 206(g) or sub- plan by reason of paragraph (1) by making ad- the earlier of the date the employer notifies the section (b), (c), or (e) of section 436 of the Inter- ditional contributions to the plan in the amount Corporation of the substantial cessation of oper- nal Revenue Code of 1986 for the plan year.’’. determined under subparagraph (B) for each ations or the date the Corporation determines a (b) EFFECTIVE DATE.— (1) IN GENERAL.—The amendment made by plan year in the 7-plan-year period beginning substantial cessation of operations has occurred; this section shall apply to a cessation of oper- with the plan year in which the cessation oc- ‘‘(II) the payment of each additional contribu- ations or other event at a facility occurring on curred. Any such additional contribution for a tion, not later than 10 days after such payment; or after the date of enactment of this Act. plan year shall be in addition to any minimum ‘‘(III) any failure to pay the additional con- (2) TRANSITION RULE.—An employer that had required contribution under section 303 for such tribution in the full amount for any year in the a cessation of operations before the date of en- plan year and shall be paid not later than the 7-plan-year period, not later than 10 days after actment of this Act (as determined under sub- earlier of— the due date for such payment; section 4062(e) of the Employee Retirement In- ‘‘(i) the due date for the minimum required ‘‘(IV) the waiver under subparagraph (D)(i) of come Security Act of 1974 as in effect before the contribution for such year under section 303(j); the obligation to make an additional contribu- amendment made by this section), but did not or tion for any year, not later than 30 days after enter into an arrangement with the Pension ‘‘(ii) in the case of the first such contribution, the funding waiver described in such subpara- Benefit Guaranty Corporation to satisfy the re- the date that is 1 year after the date on which graph is granted; and quirements of such subsection (as so in effect) the employer notifies the Corporation of the sub- ‘‘(V) the cessation of any obligation to make before such date of enactment, shall be per- stantial cessation of operations or the date the additional contributions under subparagraph mitted to make the election under section Corporation determines a substantial cessation (C), not later than 10 days after the due date for 4062(e)(4) of such Act (as in effect after the of operations has occurred, and in the case of payment of the additional contribution for the amendment made by this section) as if such ces- subsequent contributions, the same date in each first plan year to which such cessation applies. sation had occurred on such date of enactment. succeeding year. ‘‘(ii) ACCELERATION OF LIABILITY TO THE PLAN Such election shall be made not later than 30 ‘‘(B) AMOUNT DETERMINED.— FOR FAILURE TO PAY.—If an employer fails to days after such Corporation issues, on or after ‘‘(i) IN GENERAL.—Except as provided in pay the additional contribution in the full clause (iii), the amount determined under this amount for any year in the 7-plan-year period such date of the enactment, a final administra- subparagraph with respect to each plan year in by the due date for such payment, the employer tive determination that a substantial cessation the 7-plan-year period is the product of— shall, as of such date, be liable to the plan in an of operations has occurred. (c) DIRECTION TO THE CORPORATION.—The ‘‘(I) 1⁄7 of the unfunded vested benefits deter- amount equal to the balance which remains un- Pension Benefit Guaranty Corporation shall not mined under section 4006(a)(3)(E) as of the valu- paid as of such date of the aggregate amount of take any enforcement, administrative, or other ation date of the plan (as determined under sec- additional contributions required to be paid by action pursuant to section 4062(e) of the Em- tion 303(g)(2)) for the plan year preceding the the employer during such 7-year-plan period. ployee Retirement Income Security Act of 1974, plan year in which the cessation occurred; and The Corporation may waive or settle the liabil- ‘‘(II) the reduction fraction. ity described in the preceding sentence, at the or in connection with an agreement settling li- ability arising under such section, that is incon- ‘‘(ii) REDUCTION FRACTION.—For purposes of discretion of the Corporation. clause (i), the reduction fraction of a single em- ‘‘(iii) CIVIL ACTION.—The Corporation may sistent with the amendment made by this sec- ployer plan is equal to— bring a civil action in the district courts of the tion, without regard to whether the action re- ‘‘(I) the number of participants with accrued United States in accordance with section 4003(e) lates to a cessation or other event that occurs benefits in the plan who were included in com- to compel an employer making such election to before, on, or after the date of the enactment of puting the workforce reduction under para- pay the additional contributions required under this Act, unless such action is in connection graph (2)(B) as a result of the cessation of oper- this paragraph. with a settlement agreement that is in place be- ations at the facility; divided by ‘‘(5) DEFINITIONS.—For purposes of this sub- fore June 1, 2014. The Pension Benefit Guaranty ‘‘(II) the number of eligible employees of the section: Corporation shall not initiate a new enforce- employer who are participants with accrued ‘‘(A) ELIGIBLE EMPLOYEE.—The term ‘eligible ment action with respect to section 4062(e) of benefits in the plan, determined as of the same employee’ means an employee who is eligible to such Act that is inconsistent with its enforce- date the determination under paragraph (2)(A) participate in an employee pension benefit plan ment policy in effect on June 1, 2014. is made. (as defined in section 3(2)) established and Ms. HEITKAMP. Mr. President, I fur- ‘‘(iii) LIMITATION.—The additional contribu- maintained by the employer. ther ask unanimous consent that the tion under this subparagraph for any plan year ‘‘(B) FUNDING TARGET.—The term ‘funding committee-reported substitute amend- shall not exceed the excess, if any, of— target’ means, with respect to any plan year, ment be agreed to, the bill, as amend- ‘‘(I) 25 percent of the difference between the the funding target as determined under section ed, be read a third time and passed, and market value of the assets of the plan and the 4006(a)(3)(E)(iii)(I) for purposes of determining the motion to reconsider be considered funding target of the plan for the preceding the premium paid to the Corporation under sec- plan year; over tion 4007 for the plan year. made and laid upon the table, with no ‘‘(II) the minimum required contribution ‘‘(C) MARKET VALUE.—The market value of intervening action or debate. under section 303 for the plan year. the assets of a plan shall be determined in the The ACTING PRESIDENT pro tem- ‘‘(C) PERMITTED CESSATION OF ANNUAL IN- same manner as for purposes of section pore. Without objection, it is so or- STALLMENTS WHEN PLAN BECOMES SUFFICIENTLY 4006(a)(3)(E). dered.

VerDate Sep 11 2014 05:25 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A16SE6.031 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE September 16, 2014 CONGRESSIONAL RECORD — SENATE S5649 The committee-reported amendment ‘‘(e) REPORT TO CONGRESS.—Not later than ‘‘(4) RENTAL ACCOUNT.— in the nature of a substitute was February 1 of the first fiscal year beginning ‘‘(A) IN GENERAL.—The Secretary shall use agreed to. after the date of enactment of the BLM Per- the Rental Account for— The bill (S. 2511), as amended, was or- mit Processing Improvement Act of 2014 and ‘‘(i) the coordination and processing of oil each February 1 thereafter, the Secretary and gas use authorizations on onshore Fed- dered to be engrossed for a third read- shall report to the Chairman and ranking eral and Indian trust mineral estate land ing, was read the third time, and minority Member of the Committee on En- under the jurisdiction of the Project offices passed. ergy and Natural Resources of the Senate identified under section 365(d) of the Energy f and the Committee on Natural Resources of Policy Act of 2005 (42 U.S.C. 15924(d)); and the House of Representatives, which shall in- ‘‘(ii) training programs for development of BLM PERMIT PROCESSING clude— expertise related to coordinating and proc- IMPROVEMENT ACT OF 2014 ‘‘(1) the allocation of funds to each Project essing oil and gas use authorizations. Ms. HEITKAMP. Mr. President, I ask office for the previous fiscal year; and ‘‘(B) ALLOCATION.—In determining the allo- ‘‘(2) the accomplishments of each Project cation of the Rental Account among Project unanimous consent that the Energy offices for a fiscal year, the Secretary shall Committee be discharged from further office relating to the coordination and proc- essing of oil and gas use authorizations dur- consider— consideration of S. 2440 and the Senate ing that fiscal year.’’; ‘‘(i) the number of applications for permit proceed to its immediate consider- (6) in subsection (h), by striking paragraph to drill received in a Project office during ation. (6) and inserting the following: the previous fiscal year; The ACTING PRESIDENT pro tem- ‘‘(6) the States in which Project offices are ‘‘(ii) the backlog of applications described pore. Without objection, it is so or- located.’’; in clause (i) in a Project office; dered. (7) by striking subsection (i); and ‘‘(iii) publicly available industry forecasts The clerk will report the bill by title. (8) by redesignating subsection (j) as sub- for development of oil and gas resources The assistant legislative clerk read section (i). under the jurisdiction of a Project office; and ‘‘(iv) any opportunities for partnership as follows: SEC. 3. BLM OIL AND GAS PERMIT PROCESSING FEE. with local industry organizations and edu- A bill (S. 2440) to expand and extend the Section 35 of the Mineral Leasing Act (30 cational institutions in developing training program to improve permit coordination by U.S.C. 191) is amended by adding at the end programs to facilitate the coordination and the Bureau of Land Management, and for the following: processing of oil and gas use authorizations. other purposes. ‘‘(d) BLM OIL AND GAS PERMIT PROCESSING ‘‘(5) FEE ACCOUNT.— There being no objection, the Senate FEE.— ‘‘(A) IN GENERAL.—The Secretary shall use proceeded to consider the bill. ‘‘(1) IN GENERAL.—Notwithstanding any the Fee Account for the coordination and Ms. HEITKAMP. Mr. President, I ask other provision of law, for each of fiscal processing of oil and gas use authorizations unanimous consent that a Udall of New years 2016 through 2026, the Secretary, acting on onshore Federal and Indian trust mineral through the Director of the Bureau of Land estate land. Mexico amendment, which is at the ‘‘(B) ALLOCATION.—The Secretary shall desk, be agreed to, the bill, as amend- Management, shall collect a fee for each new application for a permit to drill that is sub- transfer not less than 75 percent of the reve- ed, be read a third time and passed, and mitted to the Secretary. nues collected by an office for the processing the motion to reconsider be considered ‘‘(2) AMOUNT.—The amount of the fee shall of applications for permits to the State of- made and laid upon the table. be $9,500 for each new application, as indexed fice of the State in which the fees were col- The ACTING PRESIDENT pro tem- for United States dollar inflation from Octo- lected.’’. pore. Without objection, it is so or- ber 1, 2015 (as measured by the Consumer (b) INTEREST ON OVERPAYMENT ADJUST- Price Index). MENT.—Section 111(h) of the Federal Oil and dered. Gas Royalty Management Act of 1982 (30 ‘‘(3) USE.—Of the fees collected under this The amendment (No. 3822) was agreed U.S.C. 1721(h)) is amended in the first sen- subsection for a fiscal year, the Secretary to, as follows: tence by striking ‘‘the rate’’ and all that fol- shall transfer— lows through the period at the end of the (Purpose: To clarify the uses of the BLM ‘‘(A) for each of fiscal years 2016 through sentence and inserting ‘‘a rate equal to the Permit Processing Improvement Fund) 2019— On page 5, line 13, insert ‘‘and Indian trust sum of the Federal short-term rate deter- ‘‘(i) 15 percent to the field offices that col- mined under section 6621(b) of the Internal mineral estate’’ after ‘‘Federal’’. lected the fees and used to process protests, On page 6, line 5, insert ‘‘and Indian trust Revenue Code of 1986 plus 1 percentage leases, and permits under this Act, subject to point.’’. mineral estate’’ after ‘‘Federal’’. appropriation; and SEC. 5. BUDGETARY EFFECTS. On page 7, line 11, insert ‘‘and Indian trust ‘‘(ii) 85 percent to the BLM Permit Proc- mineral estate’’ after ‘‘Federal’’. The budgetary effects of this Act, for the essing Improvement Fund established under purpose of complying with the Statutory The bill (S. 2440), as amended, was or- subsection (c)(2)(B) (referred to in this sub- Pay-As-You-Go-Act of 2010, shall be deter- dered to be engrossed for a third read- section as the ‘Fund’); and mined by reference to the latest statement ing, was read the third time, and ‘‘(B) for each of fiscal years 2020 through titled ‘‘Budgetary Effects of PAYGO Legisla- passed, as follows: 2026, all of the fees to the Fund. tion’’ for this Act, submitted for printing in ‘‘(4) ADDITIONAL COSTS.—During each of fis- the Congressional Record by the Chairman of S. 2440 cal years of 2016 through 2026, the Secretary the Senate Budget Committee, provided that Be it enacted by the Senate and House of Rep- shall not implement a rulemaking that such statement has been submitted prior to resentatives of the United States of America in would enable an increase in fees to recover the vote on passage. Congress assembled, additional costs related to processing appli- f SECTION 1. SHORT TITLE. cations for permits to drill.’’. This Act may be cited as the ‘‘BLM Permit SEC. 4. BLM PERMIT PROCESSING IMPROVEMENT RECOGNIZING AUXILIARIES OF Processing Improvement Act of 2014’’. FUND. VETERANS SERVICE ORGANIZA- SEC. 2. PROGRAM TO IMPROVE FEDERAL PERMIT (a) IN GENERAL.—Section 35(c) of the Min- TIONS COORDINATION. eral Leasing Act (30 U.S.C. 191(c)) is amended Section 365 of the Energy Policy Act of by striking paragraph (3) and inserting the Ms. HEITKAMP. Mr. President, I ask 2005 (42 U.S.C. 15924) is amended— following: unanimous consent that the Veterans’ (1) in the section heading, by striking ‘‘(3) USE OF FUND.— Affairs Committee be discharged from ‘‘PILOT’’; ‘‘(A) IN GENERAL.—The Fund shall be avail- further consideration of S. Res. 506, (2) by striking ‘‘Pilot Project’’ each place able to the Secretary of the Interior for ex- and the Senate proceed to its consider- it appears and inserting ‘‘Project’’; penditure, without further appropriation and ation. (3) in subsection (b)(2), by striking ‘‘Wyo- without fiscal year limitation, for the co- The ACTING PRESIDENT pro tem- ming, Montana, Colorado, Utah, and New ordination and processing of oil and gas use pore. Without objection, it is so or- Mexico’’ and inserting ‘‘the States in which authorizations on onshore Federal and In- dered. Project offices are located’’; dian trust mineral estate land. The clerk will report the resolution (4) in subsection (d)— ‘‘(B) ACCOUNTS.—The Secretary shall di- by title. (A) in the subsection heading, by striking vide the Fund into— The assistant legislative clerk read ‘‘PILOT’’; and ‘‘(i) a Rental Account (referred to in this as follows: (B) by adding at the end the following: subsection as the ‘Rental Account’) com- ‘‘(8) Any other State, district, or field of- prised of rental receipts collected under this A resolution (S. Res. 506) recognizing the fice of the Bureau of Land Management de- section; and patriotism and contributions of auxiliaries termined by the Secretary.’’; ‘‘(ii) a Fee Account (referred to in this sub- of veterans service organizations. (5) by striking subsection (e) and inserting section as the ‘Fee Account’) comprised of There being no objection, the Senate the following: fees collected under subsection (d). proceeded to consider the resolution.

VerDate Sep 11 2014 04:40 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G16SE6.074 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE S5650 CONGRESSIONAL RECORD — SENATE September 16, 2014 Ms. HEITKAMP. I ask unanimous APPOINTMENT ate, I ask unanimous consent that it consent that the resolution be agreed The PRESIDING OFFICER. The recess under the previous order. to, the preamble be agreed to, and the Chair, on behalf of the President of the There being no objection, the Senate, motions to reconsider be considered Senate, and after consultation with the at 6:04 p.m., recessed until Wednesday, made and laid upon the table, with no majority leader, pursuant to Public September 17, 2014, at 10 a.m. intervening action or debate. Law 106–286, reappoints the following The ACTING PRESIDENT pro tem- Member to serve on the Congressional- f pore. Without objection, it is so or- Executive Commission on the People’s dered. Republic of China: the Honorable KAY CONFIRMATIONS The resolution (S. Res. 506) was R. HAGAN of North Carolina. Executive nominations confirmed by agreed to. f The preamble was agreed to. the Senate September 16, 2014: ORDERS FOR WEDNESDAY, (The resolution, with its preamble, is DEPARTMENT OF STATE SEPTEMBER 17, 2014 printed in the RECORD of July 17, 2014, MATTHEW T. HARRINGTON, OF VIRGINIA, A CAREER Ms. HEITKAMP. Mr. President, I ask MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF under ‘‘Submitted Resolutions.’’) COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND unanimous consent that when the Sen- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE KINGDOM OF LESOTHO. f ate completes its business today, it re- cess until 10 a.m. on Wednesday, Sep- DEPARTMENT OF VETERANS AFFAIRS tember 17, 2014; that following the LINDA A. SCHWARTZ, OF CONNECTICUT, TO BE AN AS- RESOLUTIONS SUBMITTED TODAY prayer and the pledge, the Journal of SISTANT SECRETARY OF VETERANS AFFAIRS (POLICY Ms. HEITKAMP. Mr. President, I ask proceedings be approved to date and AND PLANNING). unanimous consent that the Senate the time for the two leaders be re- DEPARTMENT OF STATE proceed to the immediate consider- served for their use later in the day; NINA HACHIGIAN, OF CALIFORNIA, TO BE REPRESENTA- TIVE OF THE UNITED STATES OF AMERICA TO THE ASSO- ation en bloc of the following resolu- that following any leader remarks, the CIATION OF SOUTHEAST ASIAN NATIONS, WITH THE tions, which were submitted earlier Senate be in a period of morning busi- RANK AND STATUS OF AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY. today: S. Res. 547, S. Res. 548, S. Res. ness until 12 noon, with Senators per- DEPARTMENT OF DEFENSE 549, and S. Res. 550. mitted to speak therein for up to 10 minutes each, with the time equally di- GORDON O. TANNER, OF ALABAMA, TO BE GENERAL There being no objection, the Senate COUNSEL OF THE DEPARTMENT OF THE AIR FORCE. proceeded to consider the resolutions vided and controlled between the two DEPARTMENT OF STATE en bloc. leaders or their designees. The ACTING PRESIDENT pro tem- TODD D. ROBINSON, OF NEW JERSEY, A CAREER MEM- Ms. HEITKAMP. I ask unanimous BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- consent that the resolutions be agreed pore. Without objection, it is so or- ISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- dered. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES to, the preambles be agreed to, and the OF AMERICA TO THE REPUBLIC OF GUATEMALA. motions to reconsider be laid upon the f JANE D. HARTLEY, OF NEW YORK, TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE table en bloc, with no intervening ac- PROGRAM UNITED STATES OF AMERICA TO THE FRENCH REPUBLIC. tion or debate. JANE D. HARTLEY, OF NEW YORK, TO SERVE CONCUR- Ms. HEITKAMP. The next rollcall RENTLY AND WITHOUT ADDITIONAL COMPENSATION AS The ACTING PRESIDENT pro tem- vote will be at 12 noon on the Bass AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY pore. Without objection, it is so or- OF THE UNITED STATES OF AMERICA TO THE PRINCI- nomination, as provided for under the PALITY OF MONACO. dered. previous order. The resolutions were agreed to. NUCLEAR REGULATORY COMMISSION f The preambles were agreed to. JEFFERY MARTIN BARAN, OF VIRGINIA, TO BE A MEM- BER OF THE NUCLEAR REGULATORY COMMISSION FOR (The resolutions, with their pre- RECESS UNTIL 10 A.M. TOMORROW THE REMAINDER OF THE TERM EXPIRING JUNE 30, 2015. ambles, are printed in today’s RECORD STEPHEN G. BURNS, OF MARYLAND, TO BE A MEMBER Ms. HEITKAMP. If there is no fur- OF THE NUCLEAR REGULATORY COMMISSION FOR THE under ‘‘Submitted Resolutions.’’) ther business to come before the Sen- TERM OF FIVE YEARS EXPIRING JUNE 30, 2019.

VerDate Sep 11 2014 04:40 Sep 17, 2014 Jkt 039060 PO 00000 Frm 00056 Fmt 4624 Sfmt 9801 E:\CR\FM\G16SE6.076 S16SEPT1 smartinez on DSK4TPTVN1PROD with SENATE