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, THURSDAY, JULY 17, 2014 No. 112 Senate The Senate met at 9:30 a.m. and was SCHEDULE Vegas, here in Washington, DC, some called to order by the President pro Mr. REID. Mr. President, following Senate Republicans are playing a high- tempore (Mr. LEAHY). my remarks and those of the Repub- stakes game of their own with a hu- lican leader, the Senate will proceed to manitarian crisis. But instead of poker PRAYER the consideration of S. 2244—an ex- chips, they are using kids, children. The Chaplain, Dr. Barry C. Black, of- tremely important piece of legislation. Last night the junior Senator from fered the following prayer: There will be 30 minutes for debate on Texas upped the ante and announced Let us pray. the Coburn amendment, 20 minutes on that any legislation to address the hu- Eternal Father, hear and answer our the Vitter amendment, 10 minutes on manitarian crisis in the Rio Grande prayers from Your holy hills. We sleep the Flake amendment, and 30 minutes Valley must also include a termination each night in peace, sustained by Your on the Tester amendment. Any remain- of President Obama’s 2012 Deferred Ac- grace and mercy. Arise, O Lord, and ing time until 12 noon will be for gen- tion for Childhood Arrivals program. In use our lawmakers to fulfill Your pur- eral debate on this legislation. other words, before Republicans help poses. Empower them to make the At 12 noon the Senate will proceed to our Border Patrol agents and all the rough places smooth and the crooked a series of up to five rollcall votes. other personnel who are trying to do places straight. Give them the wisdom Rollcall votes are expected in relation something to handle this humanitarian to commune with You throughout the to the Coburn and Flake amendments; crisis, they want President Obama to day, leaning confidently upon You for however, we expect voice votes on the deport the DREAMers who are already wisdom and striving to be responsible Vitter and Tester amendments. Upon here. They are legitimately here. These stewards of their calling. Keep them disposition of the amendments, the are children. But instead of considering from becoming impatient when any- Senate will proceed to a rollcall vote a thoughtful, compassionate solution thing or anyone causes them to wait. on passage of S. 2244, as amended. to a real-life crisis on our border, rad- Lift the light of Your countenance We expect to reach an agreement to ical Republicans are trying to hold upon us all. vote at 2 p.m. on the motion to invoke these kids ransom. We pray in Your Holy Name. Amen. URBIN speak cloture on Executive Calendar No. 849, I have heard Senator D here on the floor. He visited one of f the nomination of Julie Carnes, of these centers in Chicago on Monday. PLEDGE OF ALLEGIANCE Georgia, to be United States circuit There are mothers with little babies judge for the Eleventh Circuit. Sen- The President pro tempore led the there who have been brought, as the ators will be notified when an agree- Pledge of Allegiance, as follows: law requires, to Chicago to try to unite ment is reached. I pledge allegiance to the Flag of the them with their families. United States of America, and to the Repub- (Mr. WALSH assumed the Chair.) We have, as we learned last night in lic for which it stands, one nation under God, BORDER CRISIS a Senators briefing, more than 50,000 of indivisible, with liberty and justice for all. Mr. President, the distinguished these children who have arrived at the f President pro tempore of the Senate, border, and we have to do something to RECOGNITION OF THE MAJORITY who just opened the Senate, has been address that. The people who are re- LEADER for many, many years the chair of the quired by law to take care of these foreign operations subcommittee on children—some of whom are babies—do The PRESIDENT pro tempore. The appropriations. He is the chairman of majority leader is recognized. not have the resources to do it. the Judiciary Committee. I wanted to These are not children sneaking over f note that while he is on the floor. the border. They come to the people in BRING JOBS HOME ACT—MOTION Over the past 2 weeks poker players uniform and say: Here we are. We have TO PROCEED have flocked to Las Vegas because an obligation by law to do something Mr. REID. Mr. President, I now move there is an annual World Series of about it. But it takes a lot of money to to proceed to Calendar No. 453, S. 2569, Poker there. It is on ESPN. I do not take care of this. We cannot do it un- the Bring Jobs Home Act. know how athletic it is, but it is on less we get added resources, and what The PRESIDENT pro tempore. The ESPN, and it draws a lot of attention. the junior Senator from Texas said is clerk will report the motion. Poker is a very important and popular that we are not going to do this unless The assistant legislative clerk read game now—a game of chance, and this we deport all these children who came as follows: tournament—the World Series of here before—the so-called DREAMers. Motion to proceed to Calendar No. 453, S. Poker—is the most prestigious high- Once again, we see there are no sub- 2569, a bill to provide an incentive for busi- stakes tournament in the world, and stantive solutions being offered by to- nesses to bring jobs back to America. 2,400 or 2,500 miles away from Las day’s Republican Party. Instead of

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

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We do not have an ambassador do—and, obviously, Republicans want really good grades. You have to pass a in Bosnia. We do not have an ambas- to get rid of it—what this is all about, written examination after having grad- sador in Vietnam—on and on. Can’t we his deferred action plan, is about keep- uated from college and maybe with all agree that it is important that ing families together in America. It graduate work. Some of them are American interests be represented in grants immigration officials discretion Ph.D.s. And then, after you pass a writ- these places? The answer: We cannot in considering the cases of children ten test, you have to pass an oral test. agree. The Republicans do not want who have lived most of their lives as It is very, very difficult. these ambassadorships filled. These are some of the best and Americans, even though they were When can these people who want to brought here illegally. brightest in the world, and their ulti- mate goal—as we had the All-Star play in the ‘‘all-star game’’ be able to Let me give you an example of a play in the ‘‘all-star game’’ and rep- young woman from Las Vegas. Her Game on Tuesday—is to be an all-star, to be able to play—as they did on Tues- resent the interests of this country? name is Astrid Silva. Astrid came to They work in careers that are very dif- the United States as a little, tiny girl day in Major League Baseball—in the ‘‘all-star game.’’ Well, that is what am- ficult. They do not start out as ambas- in a boat across the Rio Grande. Her sadors. Rarely does that happen. mother was with her. She was in her— bassadors are; they are the all stars of I want to get this right—she was in her the diplomatic corps of this country. Each day that goes by more ambas- dress, confirmation dress or whatever Right now, these ambassadors are on sadorships are unfilled. All the ambas- it was. She was just a tiny, little girl. the front lines. They are fighting to de- sador nominees were passed out of She had her rosary beads and a little fend our interests abroad—our security committee unanimously. With rare ex- doll, and she floated across the river. interests, our national interests, and ception they are noncontroversial. I She knows no other country than the our economic interests. Right now am talking about career ambassadors. United States of America. Now, be- there are gaping holes in our Nation’s These are not political appointees. I cause of what happened, because of the front lines. am talking about career ambassadors. Let’s look at who ambassadors really President’s action, she can now fly in What does that mean when I say ca- are. Here in the Senate, I had the good an airplane. She has done that. She is reer ambassadors, career diplomats? fortune to serve with one of the really working on getting her education com- These are good men and women who distinguished ambassadors, Daniel Pat- pleted—a wonderful, wonderful, in- have worked for decades for the U.S. rick Moynihan from New York. Prior volved woman in what is going on in State Department. In most cases these to coming to the Senate, he was our Nevada. And the junior Senator from diplomats started working at the low- Ambassador to India. He left his mark est levels, processing visa applications, Texas wants to send her back to a on that country. He did a remarkably place she does not know—Mexico? Mr. good job as Ambassador from the asylum requests, and then became an President, Astrid Silva is an American. United States to India. economic officer, a political officer. By It is the only country she knows. It The Republican leader and I attended working hard and requiring the nec- would be cruel and unusual to do what a funeral a week or so ago in Ten- essary expertise, these career dip- the junior Senator from Texas wants nessee. The funeral was for Howard lomats have readied themselves to be done. Baker, who had been the majority lead- ambassadors. It is hard. The deferred action plan is a positive er in the Senate—a fine man. He mar- Career diplomats do not represent po- step forward, and we should not go ried another Senator from Kansas, litical parties, they represent our coun- back, especially not as a ransom for Nancy Kassebaum. He became, after re- try. These long-time professionals have helping our border personnel to care tiring from the Senate, our Ambas- worked for both Democrats and Repub- for desperate children. sador to Japan. He distinguished him- licans. They worked for several dif- I would hope my friend, the Repub- self there again with the remarkably ferent administrations. It does not lican leader, can rein in these extreme good job he did. matter, if someone is a Foreign Service elements of his caucus so we can We can go back and look at the be- officer, whether the President is a achieve a real solution, one worthy of ginning of the history of this country. Democrat or Republican, they do their the ideals upon which this Nation was What do we always learn about Thomas job for the country. founded. Jefferson? We know how smart he was, These children are real—they are lit- Now these professionals are needed to how he wrote brilliantly. But we also fill vital ambassadorial posts in some tle kids—real human beings. They learned in every history lesson about should not be used as pawns in the Re- of the most volatile regions in the Thomas Jefferson, that he was our Am- world. Republicans have slammed the publicans’ high-stakes game of chicken bassador to France. John Adams was with President Obama. brakes on these nominations. At the our Ambassador to England. They have very least the Senate should confirm AMBASSADORIAL NOMINATIONS set the standard for how important am- Mr. President, when I first came to these noncontroversial career dip- bassadors are. lomats. If they want to play games the House of Representatives, I had the Here in the Senate Republicans are with the political appointees, they can good fortune of serving on the Foreign stalling ambassadors. Twenty-five per- do that, but these career diplomats are Affairs Committee. It was wonderful. I cent of all the ambassadorships to the not political appointees. They are served under Chairman Zablocki from continent of Africa—unfilled. There are qualified diplomats who have per- Wisconsin, Chairman Fascell from gaping holes in our Nation’s front formed admirably for the State Depart- Florida. It was a wonderful experience lines. Approximately 30 ambassadors to get a view of what was going on in are waiting to be confirmed—and wait- ment for a long time. We need their ex- the world, and I enjoyed it very, very ing and waiting and waiting. perience, we need their expertise at much. Senate Republicans, who have been embassies all over the world. But I learned there—and I think we so quick to accuse this administration Some Senate observers say Repub- all know; maybe I should have learned of poor leadership on world issues, are licans are stalling these nominations it sooner—our national security de- obstructing the confirmation of ambas- as a payback for rules changes insti- pends on the qualified men and women sadors who are desperately needed at tuted by the Senate. Let’s see if I can who serve as our ambassadors through- embassies all around the world. Repub- try to figure this one out. Republicans out the world. licans are abdicating the Senate’s con- are stalling Executive nominees vital When I travel overseas, I always stitutional role to confirm ambas- to our national interests to get back at make sure I get the staff at these em- sadors. Democrats, to get back at me. How is

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE July 17, 2014 CONGRESSIONAL RECORD — SENATE S4573 that? Stalling these nominees is jeop- They think about it a lot and do noth- ered an increase in the minimum wage, ardizing America’s interests abroad. It ing. equal pay for women, student loan refi- is damaging our Nation’s role in global Thirty hours on a lot of nominations nancing, extension of tax cuts, cost- affairs. It is damaging our national se- postcloture, 8 hours on others, judges cutting energy legislation, and a num- curity. Is this conjured-up political ret- only 2 hours. We have been able to go ber of other items. These are all impor- ribution worth harming the United through a lot of judges because of that tant bills to give working Americans a States? Of course not. rule change that we made. I thought it fair shot at a measure of prosperity. There was a New York Times article was an urgent need 4 months ago when Republican filibusters blocked every within the last 48 hours where Sec- I came to the Senate floor to talk one of them. retary of State John Kerry said: I have about the growing logjam of our am- Another issue I have with the Sen- 52 important State Department offi- bassadorial corps around the country. ator from Tennessee is that undoubt- cials who are waiting to be confirmed But Senator CORKER’s reasoning that edly he knows the Senate traditionally in the Senate—52. I was stunned to these ambassadorial confirmations does much of its business through read in that same article a quote from were delayed unnecessarily by legisla- unanimous consent—in fact most of the ranking member of the Foreign Re- tion and judicial confirmations is a lit- our business. If Republicans agree lations Committee over here, the jun- tle weird, a little strange. It is strange there is an urgent need to get these ior Senator from Tennessee. and weird for a number of reasons. nominations done and give their con- Here is what he said: ‘‘Rather than I take issue with the notion that the sent, we could confirm all of these am- filling vacant embassies to alleviate Senate somehow wasted time by legis- bassadors in a single afternoon. It the national security concerns raised lating and confirming judicial nomi- would only take a few hours in the by Secretary Kerry and others, the ma- nees. These are our constitutional du- afternoon. We could do it today. jority leader— Listen to this one. ties. We are going to confirm, in the But it is clearly not a priority for Re- —who controls the Senate floor—has cho- next few days, a post in Georgia. We publicans; otherwise, they would expe- sen to spend this week on a sportsman’s bill have two to be filled there. One of them dite these confirmations. Their behav- and previous weeks confirming judges. has been waiting for more than 1,000 ior on these ambassadorial nomina- Why criticize me for bringing up the days. So I think it is important we do tions reminds me of a quote by Gandhi: sportsmen’s bill? This bill was spon- this. Why? Because it is our constitu- ‘‘Action expresses priorities.’’ Repub- sored by a majority of the Republicans. tional duty. licans’ lack of action on this matter il- Twenty-six Republicans cosponsored We only have so much time to con- lustrates that they have no priorities that legislation. The junior Senator firm judges, because as I indicated, fili- in this regard. from Tennessee is complaining that I bustering nominees, they do it to ev- So enough with the stalling and brought that up. I guess he is also com- erybody. We are working through the enough with retribution. The Senate plaining that I brought up raising the judges quickly because we changed the standoff is not good for this body, and minimum wage, which the Republicans rules. Thank goodness we did. The Sen- it is hurting American interests filibustered. Maybe he is also com- ate did consider Senator HAGAN’s abroad. Let’s get these ambassador plaining that we have student debt in sportsmen’s legislation last week. I re- posts filled. Our national security de- this country—about $1.3 trillion—and peat. That important bill affects—the pends on it. we brought that up to alleviate the one that the junior Senator from Ten- pain to families in America with stu- nessee said we should not have brought f dent debt. up—affects 40 million Americans who UNANIMOUS CONSENT AGREE- Maybe he is complaining because we hunt and fish. MENT—EXECUTIVE CALENDAR brought up on the Senate floor some- Somebody I used to practice law with thing extremely important; that is, has a place in Montana. He took his Mr. REID. Mr. President, I ask unan- that if a woman does the same work as grandson there and had a wonderful imous consent that notwithstanding a man, she should get paid the same time fishing—no hunting but fishing. rule XXII, at 2 p.m. today the Senate amount of money—not different work, This place he has, a little stream goes vote on cloture on Executive Calendar the same work. She should get the by there. He said it was the best time No. 849, Carnes; further, that if cloture same money. I guess he is complaining he ever had with his grandchild. That is invoked, at 5:30 p.m. on Monday, because we brought up something that is what 40 million people do. That is July 21, 2014, the Senate resume execu- addresses the needs that Americans what we brought up. That is what the tive session and all postcloture time be have; that is, the Hobby Lobby decision junior Senator from Tennessee said expired and the Senate proceed to vote from the Supreme Court. We think was such a bad idea. Twenty-six Repub- on confirmation of the nomination; that is wrong. Women in America, fam- licans cosponsored that legislation. It further, that following the 2 p.m. clo- ilies in America, with some exception, contributes $200 billion annually to our ture vote, the Senate proceed to the believe that is wrong. Nation’s economy. consideration and vote on Executive So I agree with the junior Senator My friend from Tennessee thinks it is Calendar Nos. 709, Shear, and 834, from Tennessee. There is an urgent a waste of time; we should not have Mader; further, that if confirmed, the need to fill these diplomatic posts as done that. The junior Senator from motions to reconsider be considered soon as possible, but for heaven’s sake, Tennessee was a cosponsor of the legis- made and laid upon the table, with no how could he complain about the sub- lation. He is going to go back and tell intervening action or debate; that no stantive legislation which is so impor- the people in Tennessee that he made a further motions be in order to the tant to America that I have just run mistake, he should not have been a co- nominations; that any statements re- through? sponsor. lated to the nominations be printed in Then he complains about judges, we Earlier, he voted to proceed so we the RECORD; that the President be im- are confirming judges. I have been here could work on the legislation. Then he mediately notified of the Senate’s ac- a while in the Senate. Until Obama be- voted to filibuster it. This is the same tion and the Senate then resume legis- came President, with some exception, tactic we have seen so much over the lative session. these nominations went through on past 6 years. Republicans obstruct. The PRESIDING OFFICER. Without unanimous consent. We were not hold- When asked why they are not accom- objection, it is so ordered. ing up ambassadors. There would be a plishing anything, they blame Demo- Mr. REID. Mr. President, with this spat on a judge here and there but not crats. They blame me. The truth is agreement, we expect one rollcall vote holding up all of the judges. The reason Senate Democrats have continued to beginning at 2 p.m. and two additional it is taking so long is we have, under press for more and more ambassadorial voice votes as I have mentioned. I the rules of the Senate, what we call confirmations while also introducing apologize to the Republican leader for postcloture time. That time was origi- legislation that helps working families. taking so much time. nally set up so after we got on a piece As I came to the floor in March to RECOGNITION OF THE MINORITY LEADER of legislation or on a nomination, we highlight the backlog of ambassadorial The PRESIDING OFFICER. The Re- could think about it for a little bit. confirmations, the Senate has consid- publican leader is recognized.

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S4574 CONGRESSIONAL RECORD — SENATE July 17, 2014 CITIZEN VICTORIES ties they leave behind in the process. I RESERVATION OF LEADER TIME Mr. MCCONNELL. Mr. President, yes- have tried to get some of these bureau- The PRESIDING OFFICER. Under terday the American people actually cratic foot soldiers down to Kentucky the previous order, the leadership time scored a victory in the ongoing battle to see the impact of their efforts first- is reserved. against government overreach. They hand, but of course they are not inter- f literally rose, spoke out, and they ested. They are not interested in people forced the Obama administration to such as the 32-year-old unemployed TERRORISM RISK INSURANCE withdraw the latest gem from the ‘‘de- miner who walked into a Pikeville PROGRAM REAUTHORIZATION ACT partment of terrible ideas’’ over at the pregnancy center to ask for baby The PRESIDING OFFICER. Under Environmental Protection Agency. clothes. An employee at the center the previous order, the Senate will pro- They showed two things in the proc- wrote to tell me what this miner had ceed to consideration of S. 2244, which ess; first, the need for constant vigi- to say. the clerk will report. lance when it comes to protecting our Here is what he said: The assistant legislative clerk read liberties, especially with the current I don’t come from a family that has ever as follows: crowd down at the White House; and, had to ask for help. I feel humiliated, but my A bill (S. 2244) to extend the termination second, the impact ordinary citizens baby is suffering. date of the Terrorism Insurance Program es- can actually have. That pregnancy center employee tablished under the Terrorism Risk Insur- The proposal in question was a wrote that the look on his face broke ance Act of 2002, and for other purposes. uniquely awful idea. The goal was for her heart. She wrote: ‘‘[But] this is the There being no objection, the Senate the EPA to grant itself the authority plight of many of our families in East- proceeded to consider the bill (S. 2244) to garnish the wages of private citizens ern Kentucky, their livelihood is being to extend the termination date of the without even giving them a day in taken away by the War on Coal.’’ Terrorism Insurance Program estab- court. Imagine. You received a letter These are the people whom distant lished under the Terrorism Risk Insur- from the government accusing you of bureaucrats in Washington should be ance Act of 2002, and for other pur- violating some obscure regulation, a forced to meet before they draft their poses, which had been reported from regulation most likely you never heard rules. This guy just wants to put food the Committee on Banking, Housing, of and did not even know you were vio- on the table, to keep the lights on, and and Urban Affairs, with amendments, lating. The government then hits you to give his kids a better life. But the as follows: with massive fines, sometimes on the war on coal jobs is taking away more (The parts of the bill intended to be order of tens of thousands of dollars a than just his livelihood and that of so stricken are shown in boldface brack- day, as you weigh your legal options many others. It is taking away his dig- ets and the parts of the bill intended to and whether to fight it in court. nity as well. Maybe that is why the ad- be inserted are shown in italic.) If you cannot or will not pay these ministration doesn’t want to meet S. 2244 fines in the meantime, too bad. Bu- Kentuckians like him. Maybe that is Be it enacted by the Senate and House of Rep- reaucrats in Washington will take why they don’t want to look my con- resentatives of the United States of America in them out of your paycheck anyway— stituents in the eye. It is a big prob- Congress assembled, out of our paycheck anyway—without lem, and that is why I am so proud of SECTION 1. SHORT TITLE. even the option of contesting the gov- the people who stood up to this latest This Act may be cited as the ‘‘Terrorism ernment’s actions in court for it. This ominous regulation. Risk Insurance Program Reauthorization is certainly government overreach at Yesterday the EPA confirmed that it Act of 2014’’. its very worst. That is why I joined won’t hold a single hearing within SEC. 2. EXTENSION OF TERRORISM INSURANCE Senators THUNE, VITTER, and BARRASSO hours of my State as it works to final- PROGRAM. in speaking out against it. That is why ize national energy tax regulations Section 108(a) of the Terrorism Risk Insur- we developed a resolution of dis- that could devastate the lives of tens of ance Act of 2002 (15 U.S.C. 6701 note) is amended by striking ‘‘December 31, 2014’’ and approval to block it. thousands of Kentuckians. They don’t inserting ‘‘December 31, 2021’’. But the real key to our success was care, and they are not listening. Well, I care. I see these folks when I SEC. 3. FEDERAL SHARE. the action of the American people Section 103(e)(1)(A) of the Terrorism Risk themselves. They got our help, but go home. I hear their stories. My heart Insurance Act of 2002 (15 U.S.C. 6701 note) is they did not sit back and wait. They breaks for them. I am going to keep amended by inserting ‘‘and beginning øin the let their outrage be known. They fighting. I am going to keep fighting calendar year that follows the date of enact- fought back against this brazen power against the Obama administration’s ment of the Terrorism Risk Insurance Pro- grab. Thanks to all of those efforts, the various power grabs and its regulatory gram Reauthorization Act of 2014¿ on Janu- administration finally literally threw overreach. I am going to keep fighting ary 1, 2016, shall decrease by ø1 percent¿ 1 in the towel yesterday. Certainly we against the national energy tax. I am percentage point per calendar year until equal to 80 percent’’ after ‘‘85 percent’’. were glad to see it. going to keep fighting for practical But look, the fact that the Obama ideas that aim to help struggling fami- SEC. 4. RECOUPMENT OF FEDERAL SHARE OF COMPENSATION UNDER THE PRO- administration’s EPA even introduced lies for once—a marked departure from GRAM. this rule in the first place should con- the administration’s constant attacks Section 103(e) of the Terrorism Risk Insur- cern all of us. It was truly outrageous, against them—ideas such as the Coal ance Act of 2002 (15 U.S.C. 6701 note) is but it is also not surprising because Country Protection Act and the Saving amended— this is the same administration that Coal Jobs Act. (1) in paragraph (6), in the matter pre- just proposed a so-called waters of the These proposals are common sense. If ceding subparagraph (A), by striking ‘‘shall the majority leader would stop block- be’’ and all that follows through subpara- U.S. regulation that would expand the ø ing them, we could deliver some relief graph (E) and inserting ‘‘shall be government’s authority so broadly $27,500,000,000 and beginning in the calendar that the Agency could regulate and to middle-class families for once. So he year that follows the date of enactment of fine almost every pothole and ditch in should know I am not going to let up the Terrorism Risk Insurance Program Re- our backyards. and neither are the American people authorization Act of 2014 shall increase by This is the same administration that who won this important victory yester- $2,000,000,000 per calendar year until equal to has been waging a costly war on coal day on another subject over the EPA’s $37,500,000,000.’’; and¿ ‘‘shall be the lesser of— jobs in my State through similarly on- latest power grab because, as we also ‘‘(A) $27,500,000,000, as such amount is ad- erous and arbitrary regulations aimed saw with the administration’s recent justed pursuant to this paragraph; and withdrawal of an IRS regulation aimed ‘‘(B) the aggregate amount, for all insurers, of at pleasing hard-core activists in Wash- insured losses during such calendar year, ington without any regard for real- at restricting free speech, the people can still win with enough determina- provided that beginning in the calendar year world consequences. that follows the date of enactment of the Ter- It is as though these distant elites in tion. Civic involvement works—and rorism Risk Insurance Program Reauthorization Washington view their mission as ideo- given the pattern of abuse we keep see- Act of 2014, the amount set forth under subpara- logical warfare. They do not seem the ing with this administration, it is abso- graph (A) shall increase by $2,000,000,000 per least bit concerned about the casual- lutely critical. calendar year until equal to $37,500,000,000.’’;

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE July 17, 2014 CONGRESSIONAL RECORD — SENATE S4575 (2) in paragraph (7)— (øB¿C) by striking paragraph (11); and (5) the ability of the Secretary to provide guid- (A) in subparagraph (A)— (øC¿D) by redesignating paragraphs (12) ance and updates to the public regarding any (i) in the matter preceding clause (i), by through (16) as paragraphs (11) through (15), act that may reasonably be certified as an act of striking ‘‘for each of the periods referred to respectively; and terrorism. in subparagraphs (A) through (E) of para- (2) in section 103— (d) REPORT.—Upon completion of the study graph 6 (6)’’; and (A) in subsection (c), by striking ‘‘Program required under subsection (a), the Secretary (ii) in clause (i), by striking ‘‘for such pe- Year’’ and inserting ‘‘calendar year’’; shall submit a report on the results of such riod’’; (B) in subsection (e)— study to the Committee on Banking, Housing, ø(B) in subparagraph (B)— (i) in paragraph (1)— and Urban Affairs of the Senate and the Com- (i) by striking ‘‘for any period referred to (I) in subparagraph (A), as previously mittee on Financial Services of the House of in any of subparagraphs (A) through (E) of amended by section 3— Representatives. paragraph (6)’’; and (aa) by striking ‘‘the Transition Period and (e) RULEMAKING.—Section 102(1) of the Ter- (ii) by striking ‘‘for such period’’;¿ each Program Year through Program Year 4 rorism Risk Insurance Act of 2002 (15 U.S.C. (B) by striking subparagraph (B) and insert- shall be equal to 90 percent, and during Pro- 6701 note) is amended— ing the following: gram Year 5 and each Program Year there- (1) by redesignating subparagraph (D) as sub- ‘‘(B) [Reserved.]’’; after’’ and inserting ‘‘each calendar year’’; paragraph (E); and ø(C) in subparagraph (C), by striking ‘‘oc- (bb) by striking the comma after ‘‘80 per- (2) by inserting after subparagraph (C) the curring during any of the periods referred to cent’’; and following: in any of subparagraphs (A) through (E) of (cc) by striking ‘‘such Transition Period or ‘‘(D) TIMING OF CERTIFICATION.—Not later paragraph (6)’’; and¿ such Program Year’’ and inserting ‘‘such cal- than 9 months after the report required under (C) in subparagraph (C)— endar year’’; and section 6 of the Terrorism Risk Insurance Pro- (i) by striking ‘‘occurring during any of the (II) in subparagraph (B), by striking ‘‘ex- gram Reauthorization Act of 2014 is submitted to periods referred to in any of subparagraphs (A) ceed’’ and all that follows through clause (ii) the appropriate committees of Congress, the Sec- through (E) of paragraph (6), terrorism loss and inserting ‘‘exceed $100,000,000 with re- retary shall issue final rules governing the cer- risk-spreading premiums in an amount equal to spect to such insured losses occurring in the tification process, including any timeline appli- 133 percent’’ and inserting ‘‘, terrorism loss risk- calendar year.’’; cable to any certification by the Secretary on spreading premiums in an amount equal to 135.5 (ii) in paragraph (2)(A), by striking ‘‘the whether an act is an act of terrorism under this percent’’; and period beginning on the first day of the paragraph.’’. (ii) by inserting ‘‘as calculated under sub- Transition Period and ending on the last day SEC. 7. GAO STUDY ON UPFRONT PREMIUMS. paragraph (A)’’ after ‘‘mandatory recoupment of Program Year 1, or during any Program (a) STUDY.—Not later than 2 years after the amount’’; and Year thereafter’’ and inserting ‘‘a calendar date of enactment of this Act, the Comptroller (D) in subparagraph (E)(i)— year’’; and General of the United States shall complete a (i) in subclause (I)— (iii) in paragraph (3), by striking ‘‘the pe- study on the viability and effects of the Federal (I) by striking ‘‘2010’’ and inserting ‘‘2017’’; riod beginning on the first day of the Transi- Government assessing and collecting upfront and tion Period and ending on the last day of premiums on insurers that participate in the (II) by striking ‘‘2012’’ and inserting ‘‘2019’’; Program Year 1, or during any other Pro- Terrorism Insurance Program established under (ii) in subclause (II)— gram Year’’ and inserting ‘‘any calendar the Terrorism Risk Insurance Act of 2002 (15 (I) by striking ‘‘2011’’ and inserting ‘‘2018’’; year’’; and U.S.C. 6701 note) (hereafter in this section re- (II) by striking ‘‘2012’’ and inserting ‘‘2019’’; (C) in subsection (g)(2)— ferred to as the ‘‘Program’’). and (i) by striking ‘‘the Transition Period or a (b) REQUIRED CONTENT.—The study required (III) by striking ‘‘2017’’ and inserting Program Year’’ each place that term appears under subsection (a) shall examine, but shall ‘‘2024’’; and and inserting ‘‘the calendar year’’; not be limited to, the following issues: (iii) in subclause (III)— (ii) by striking ‘‘such period’’ and inserting (1) How the Federal Government could deter- (I) by striking ‘‘2012’’ and inserting ‘‘2019’’; ‘‘the calendar year’’; and mine the price of such upfront premiums on in- and (iii) by striking ‘‘that period’’ and insert- surers that participate in the Program. (2) How the Federal Government could collect (II) by striking ‘‘2017’’ and inserting ‘‘2024’’. ing ‘‘the calendar year’’. SEC. 5. TECHNICAL AMENDMENTS. and manage such upfront premiums. SEC. 6. IMPROVING THE CERTIFICATION PROC- (3) How the Federal Government could ensure The Terrorism Risk Insurance Act of 2002 ESS. that such upfront premiums are not spent for (15 U.S.C. 6701 note) is amended— (a) DEFINITIONS.—As used in this section— (1) in section 102— (1) the term ‘‘act of terrorism’’ has the same purposes other than claims through the Pro- (A) in paragraph (3)— meaning as in section 102(1) of the Terrorism gram. (i) by redesignating subparagraphs (A), (B), Risk Insurance Act of 2002 (15 U.S.C. 6701 note); (4) How the assessment and collection of such and (C) as clauses (i), (ii), and (iii), respectively; (2) the term ‘‘certification process’’ means the upfront premiums could affect take-up rates for (ii) in the matter preceding clause (i) (as so re- process by which the Secretary determines terrorism risk coverage in different regions and designated), by striking ‘‘An entity has’’ and in- whether to certify an act as an act of terrorism industries and how it could impact small busi- serting the following: under section 102(1) of the Terrorism Risk Insur- nesses and consumers in both metropolitan and ‘‘(A) IN GENERAL.—An entity has’’; and ance Act of 2002 (15 U.S.C. 6701 note); and non-metropolitan areas. (iii) by adding at the end the following new (3) the term ‘‘Secretary’’ means the Secretary (5) The effect of collecting such upfront pre- subparagraph: of the Treasury. miums on insurers both large and small. ULE OF CONSTRUCTION ‘‘(B) R .—An entity, in- (b) STUDY.—Not later than 9 months after the (6) The effect of collecting such upfront pre- cluding any affiliate thereof, does not have date of enactment of this Act, the Secretary miums on the private market for terrorism risk ‘control’ over another entity, if, as of the date shall conduct and complete a study on the cer- reinsurance. of enactment of the Terrorism Risk Insurance tification process. (7) The size of any Federal Government sub- Program Reauthorization Act of 2014, the entity (c) REQUIRED CONTENT.—The study required sidy insurers may receive through their partici- is acting as an attorney-in-fact, as defined by under subsection (a) shall include an examina- pation in the Program, taking into account the the Secretary, for the other entity and such tion and analysis of— Program’s current post-event recoupment struc- other entity is a reciprocal insurer, provided (1) the establishment of a reasonable timeline ture. that the entity is not, for reasons other than the by which the Secretary must make an accurate (c) REPORT.—Upon completion of the study re- attorney-in-fact relationship, defined as having determination on whether to certify an act as quired under subsection (a), the Comptroller ‘control’ under subparagraph (A).’’; an act of terrorism; General shall submit a report on the results of (øA¿B) in paragraph (7)— (2) the impact that the length of any timeline such study to the Committee on Banking, Hous- (i) by striking subparagraphs (A) through proposed to be established under paragraph (1) ing, and Urban Affairs of the Senate and the (F) and inserting the following: may have on the insurance industry, policy- Committee on Financial Services of the House of ‘‘(A) the value of an insurer’s direct earned holders, consumers, and taxpayers as a whole; Representatives. premiums during the immediately preceding (3) the factors the Secretary would evaluate (d) PUBLIC AVAILABILITY.—The study and re- calendar year, multiplied by 20 percent; and monitor during the certification process, in- port required under this section shall be made and’’; cluding the ability of the Secretary to obtain the available to the public in electronic form and (ii) by redesignating subparagraph (G) as required information regarding the amount of shall be published on the website of the Govern- subparagraph (B); and projected and incurred losses resulting from an ment Accountability Office. (iii) in subparagraph (B), as so redesignated act which the Secretary would need in deter- The PRESIDING OFFICER. Under by clause (ii)— mining whether to certify the act as an act of the previous order, the committee-re- (I) by striking ‘‘notwithstanding subpara- terrorism; ported amendments are agreed to, and graphs (A) through (F), for the Transition (4) the appropriateness, efficiency, and effec- Period or any Program Year’’ and inserting tiveness of the consultation process required the bill, as amended, is considered as ‘‘notwithstanding subparagraph (A), for any under section 102(1)(A) of the Terrorism Risk In- original text for purposes of further calendar year’’; and surance Act of 2002 (15 U.S.C. 6701 note) and amendment. (II) by striking ‘‘Period or Program Year’’ any recommendations on changes to the con- The PRESIDING OFFICER. The Sen- and inserting ‘‘calendar year’’; sultation process; and ator from Florida.

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S4576 CONGRESSIONAL RECORD — SENATE July 17, 2014 Mr. NELSON. I ask to speak for 3 cific licensing requirements and seek reason membership should not be minutes as in morning business. approval from each State’s insurance granted to the producer. The PRESIDING OFFICER. Without commissioner. This process is time States will also have significant con- objection, it is so ordered. consuming, it is costly, it is redundant, trol over NARAB. The nonprofit asso- (The remarks of Mr. NELSON are and it is sometimes contradictory— ciation would be governed by a board of printed in today’s RECORD under without providing any greater con- directors dominated by State insurance ‘‘Morning Business.’’) sumer protection. That is a big dis- regulators and chaired by a State in- The PRESIDING OFFICER. The Sen- incentive for smaller agents and bro- surance regulator. Most importantly, ator from New York. kers to grow their businesses. NARAB deals only with marketplace Mr. SCHUMER. First, I thank my This is not a new issue for the insur- entry and would not impact the day-to- good friend from Florida for his heart- ance industry. Congress recognized the day regulation of insurance. States will felt and his always articulate words. need for a forum to reform the insur- maintain exclusive control of the regu- We are now going to debate, finally, ance licensing system in 1999 when it lation of marketplace activities, con- the reauthorization of the Terrorism incorporated the National Association sumer protection requirements, unfair Risk Insurance Program. of Registered Agents and Brokers Act trade practices, and other important Senator CRAPO and I have opening subtitle into the Gramm-Leach-Bliley areas. statements, but Senator TESTER, who Act. Unfortunately, at that time Con- Under this bill, under this amend- has added an extremely important gress did not immediately establish ment, we will preserve the authority of amendment to this legislation, has a NARAB. As a result, Gramm-Leach- States to supervise insurance pro- markup shortly, so we are going to ac- Bliley did not achieve the level of reci- ducers. Any agent or broker who ob- cede and let him speak about his procity and uniformity Congress ex- tains the authority to operate in a ju- amendment first, and then we will get pected and these efforts to streamline risdiction through NARAB is still sub- on with our opening statements. I cross-state insurance licensing never ject to the full regulatory authority of thank Senator TESTER for his hard took hold. That is why this important that State and must comply with all work on this issue as well as his ability amendment is before the Senate today. marketplace requirements. Under our to compromise to get something done. Senator JOHANNS’ and my amend- amendment, States will continue to re- The PRESIDING OFFICER. The Sen- ment would provide insurance agents ceive insurance licensing fees, which ator from Montana. and brokers with the option of becom- will be collected by NARAB and remit- AMENDMENT NO. 3552 ing a member of NARAB provided that ted to the States. Mr. TESTER. I call up amendment they meet the professional standards This legislation is supported by the No. 3552, ask for its immediate consid- set by the association and undergo a National Association of Insurance and eration, and I ask that Senator KLO- criminal background check. Financial Advisers, the Council of In- BUCHAR and Senator PRYOR be added as NARAB will streamline the licensing surance Agents and Brokers, and the cosponsors. process for agents and brokers, ena- Independent Insurance Agents and Bro- The PRESIDING OFFICER. Without bling them to be licensed under one kers of America. It is also supported by objection, it is so ordered. single, strong national licensing stand- the National Association of Insurance The clerk will report the amendment. ard rather than following different Commissioners, which has expressed its The assistant legislative clerk read State standards, thereby saving time full support for this bill and the final as follows: and money. TRIA bill. The Senator from Montana [Mr. TESTER] In addition to setting rigorous pro- I urge my colleagues to support the for himself, Ms. KLOBUCHAR and Mr. PRYOR, fessional standards, the association Tester-Johanns amendment. It is truly proposes an amendment numbered 3552. will let agents and brokers renew their a commonsense amendment that helps (The amendment is printed in today’s licenses all at once and fully preserve not only the industry but also the con- RECORD under ‘‘Text of Amendments.’’) the abilities of regulators to protect sumers. Mr. TESTER. I thank Chairman consumers and supervise and discipline I yield the floor. JOHNSON and Ranking Member CRAPO agents and brokers. The PRESIDING OFFICER. The Sen- and Senators SCHUMER and HELLER for Currently, on average, insurance ator from Nebraska. their hard work on helping me on the agents sell their products in eight Mr. JOHANNS. Mr. President, I will TRIA bill and for helping me on this States, with many serving even more. begin today by acknowledging the good amendment, as well as Senator SCHU- A one-stop licensing compliance mech- work of the good Senator from Mon- MER and Senator HELLER for their hard anism will benefit all agents and bro- tana. This bill has been around for a work not only on the TRIA legislation kers but particularly the smaller folks long time, and it is our hope that we but also on the NARAB amendment, who must spend time and money deal- will get to a point today where we can which I am going to talk about in a ing with different standards in dif- say that finally we have solved the moment. I also wish to give a special ferent States. problems. thank-you to Senator JOHANNS, who is A one-stop shop for insurance licens- The Senator from Montana has done a cosponsor on this amendment and ing will help smaller players compete an excellent job of laying out what this somebody with whom I have worked against the bigger competitors. That is bill is all about and what it is not very closely to get this amendment to good for business, and it is good for about, and I don’t feel a need today to the point it is today. consumers. repeat what he has said, but let me just The Tester-Johanns amendment is NARAB represents a decade of effort, make a couple of points. the National Association of Registered and I am pleased we will finally First, the partnership we had in Agents and Brokers Act, otherwise achieve the goals laid out in Gramm- working on this bill was excellent, and known as NARAB. NARAB is a bill Leach-Bliley. Some feared NARAB that is why it is this far along. It was Senator JOHANNS and I introduced last would diminish States rights. As a a bipartisan effort. year. It was reported out of the Bank- former State legislator, when folks This legislation is long overdue, and ing, Housing, and Urban Affairs Com- start talking about States rights it does benefit consumers and busi- mittee on a voice vote. issues, I pay attention, but in this case nesses all across this great country. It Our amendment creates a nonprofit I believe they are wrong. is exactly what we look for. It reduces association to provide one-stop licens- I wish to take a minute and talk redtape, it encourages competition and ing for insurance agents and brokers about how this amendment protects protects State law, and it promotes operating outside of their home State. States rights. Under this amendment, consumer choice. For these reasons, it This arrangement would fully preserve States would retain all authority to li- is my hope the entire Senate unani- the authority of State insurance regu- cense their own resident agents and mously supports the amendment. lators to supervise these markets. brokers. The association would be re- I might mention that we passed this Currently, an insurance agent or quired to notify States when agents legislation out of the banking com- broker seeking to operate in multiple and brokers apply for membership, let- mittee about a year ago. That was States must meet different State-spe- ting the States notify NARAB of any after working on this for about 10

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE July 17, 2014 CONGRESSIONAL RECORD — SENATE S4577 years. The House passed this bill last or. Well, we have history. The private need to stimulate job growth and eco- year by an overwhelming bipartisan sector was unable, because of the po- nomic growth, and this bill does just vote, 397 to 6. So I am pleased we can tential economic losses if, God forbid, that. That is why it was passed out of advance this legislation today as part there was another terrorist attack, the banking committee unanimously. of the terrorism risk insurance bill, whether it be conventional, nuclear, or Again, I thank my colleagues, par- which I also support and will vote yes chemical, to provide terrorism insur- ticularly on the other side of the aisle. on. ance. When that occurs, banks would As Senator JOHANNS said—and we say Frankly, it is refreshing to finally be not finance buildings, knowing there it on each bill where there is some bi- allowed to vote on amendments on the was no insurance backup, and we would partisan support—this one has over- Senate floor. I hope this is a sign of have been in huge trouble. That is why whelming support. Maybe this bill can things to come. I thank Senator SCHU- we devised the terrorism insurance bill. be a model that at least on many issues MER and Senator CRAPO for their work For those who say let the private sec- we can work together. in bringing us to this point. Without tor do it, we have an experiment. We Time is of the essence. Insurance their work, TRIA would not be where it have what the scientists would call a policies for 2015 are already being writ- is today. controlled experiment. When there was ten. Each day that goes by without a I urge the adoption of the amend- no terrorism insurance after 9/11, the TRIA Program causes great uncer- ment. I hope we can move the legisla- private sector would not offer insur- tainty in the market and holds back tion to the President’s desk as soon as ance. We even find to this day, as the the potential for more development, possible. existing bill expires, fewer people un- more construction, more jobs, and Mr. President, I yield the floor. derwrite terrorism insurance and fewer more economic growth. The PRESIDING OFFICER. The Sen- buildings are financed. I will talk about the amendments ator from New York. So we can do one of two things: We later, but I urge my colleagues, both Mr. SCHUMER. Mr. President, I can sit back and let the market handle here in the Senate and in the House, to thank my colleagues from Montana this on its own and lose millions—lit- move as quickly as possible because and Nebraska for their hard work on erally millions—of jobs, lose economic our economy is greatly affected by it. not only this legislation but their very stability, safety, prosperity, and It is one of those that ‘‘runs quiet, runs important amendment—long overdue. I growth or we can renew this legisla- deep.’’ It is a quiet policy but a policy certainly thank Senators JOHNSON and tion. We can come up with a smart, re- that greatly affects lots of things that CRAPO, without whose leadership we sponsible, risk-sharing system where go on. couldn’t be here to pass this bill. I Again, I thank my colleagues, Sen- the private sector is paying upfront. thank my original cosponsors, Senator ator CRAPO for his good and hard work, But if, God forbid, there is another se- KIRK from Illinois who is here, Senator as well as Senator JOHNSON and my co- rious incident beyond the capability of JACK REED, Senator HELLER, Senator sponsors. the private sector to shoulder, the Fed- MURPHY, Senator JOHANNS, Senator I yield the floor. WARNER, Senator BLUNT, and Senator eral Government can step in and pro- The PRESIDING OFFICER. The Sen- MENENDEZ, all of whom recognized the vide a backstop. That is what we have ator from Idaho. importance of having this incredibly done. Mr. CRAPO. Mr. President, I am ap- important program reauthorized. The TRIA Program is a shining ex- preciative of Senator SCHUMER and the As author of the original TRIA legis- ample of the government partnering work we have been able to do together lation, I have watched this evolution with the private sector to solve prob- to move this legislation forward. closely. I could not be more convinced lems that neither can solve on its own. I rise today to speak in favor of S. of the necessity to reauthorize the pro- Let me underline, first, the impor- 2244, the Terrorism Risk Insurance Act, gram for the long haul. tance to my city of New York. The re- or TRIA, program. As a cosponsor of I remember the dark days right after development of downtown Manhattan this bill, I recognize Senator SCHUMER, 9/11. I was there. The worst thing was is booming there. People are flocking Senator KIRK, Senator HELLER, Sen- the loss of life—people we had all to live there and work there. It is the ator REED, and others for helping to known. I know people who were lost— hot area of New York again—not just put this bipartisan piece of legislation a guy I played basketball with in high with financial services but with law together. school, a businessman who helped me and advertising and high-tech. It serves Chairman JOHNSON and his staff also on the way up, a firefighter with whom as a reminder of the role the Federal deserve a great amount of thanks for I did blood drives. But there was also Government can and should play in their strong efforts in moving this bill the economic worry. People thought helping facilitate the stability and forward. southern Manhattan would not come growth of cities across the country. Working together, we developed a back. People thought businesses would This bill will not lessen the impact of balanced bipartisan product that was flee New York—that New York’s great- a terrorist attack but will help ensure literally unanimously supported in the est days were behind us. And of course that our cities throughout the country banking committee 22 to 0. This bill we the people of New York, with their re- are less vulnerable to the economic have put together allows the private siliency, backed up by everyone in this devastation that would follow such a insurance industry to absorb and cover country—including President Bush, horrific event. the losses of all but the largest acts of very strongly—did come back. But the But this bill is hardly just focused on terror—ones in which the Federal Gov- uncertainty we faced in the immediate New York City. It not only affects ernment would likely be forced to step aftermath was that there would be no every large city—my good friend from in, in any event, if the program were building in southern Manhattan or Nebraska spoke—it affects the football not there. Taxpayer protections have Manhattan at all. And we have some stadium and any renovations that been increased in this reauthorization history. might occur there in Lincoln. I have by moving more of the responsibility One of the things that greatly stood been there for a Nebraska-Oklahoma for losses on to private insurers. in the way was the private sector did game. It was an amazing experience. It For those who are not familiar with not offer any sufficient coverage to affects any city that has large gath- the program, TRIA was initially passed protect against the threat of terrorism. erings of people and buildings—shop- as a response to the unavailability of No one knew when there might be an- ping centers, athletic facilities, col- terrorism insurance in the wake of 9/11. other terrorist incident. Insurance leges. So it affects almost every State. The private market had already re- companies, knowing how large the That is one of the reasons we have treated in response to those terrorist losses were, figured it was better not to come together and gotten such broad attacks. It was then thought that a underwrite insurance than write it for bipartisan support. temporary program would allow the such an astronomical sum that the We must make sure that every reau- market time to develop products that building would not be even economi- thorization of the program provides the would allow policyholders to protect cally feasible. certainty lenders and developers need themselves from terrorism losses. We have some colleagues who said to make the kind of long-term invest- More than a decade after the tragic this should be a private sector endeav- ment our country and large projects events of 9/11, the temporary inability

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S4578 CONGRESSIONAL RECORD — SENATE July 17, 2014 to insure against terrorism has abated, groups across the country strongly sup- ABC and its members fully support the ex- and private capital is better positioned porting and encouraging that we adopt tension of TRIA, and urges all Senators to to take on more exposure to terrorism. this legislation. support S. 2244. When the banking committee held its Sincerely, The U.S. Chamber of Commerce has GEOFFREY BURR, first hearing on TRIA’s reauthorization listed this as a key vote. The Coalition Vice President, Government Affairs. last year, we discussed the ability of to Insure Against Terrorism, which the private insurance market to step in represents dozens and dozens of the fi- NATIONAL MULTIFAMILY HOUSING to provide terrorism insurance if the nancial sector interests across this COUNCIL, NATIONAL APARTMENT TRIA Program expired. In that hear- country, recommends and encourages ASSOCIATION, Washington, DC, July 16, 2014. ing, and in subsequent meetings with that we support this legislation, and providers, policyholders, and stake- DEAR SENATOR: This week the U.S. Senate the Mortgage Bankers Association, the is scheduled to consider a bill to reauthorize holders, we recognized on a bipartisan National Association of Insurance the Terrorism Risk Insurance Act (TRIA). basis the continued difficulties associ- Companies, the Property Casualty In- We commend Chairman Johnson and Rank- ated with providing terrorism insur- surers, the National Apartment Asso- ing Member Crapo for their good work on S. ance required that we look again at ex- ciation, the National Multifamily 2244, the Terrorism Risk Insurance Reau- tending the act. Housing Council, and the American thorization Act of 2014. It represents a bipar- tisan, balanced approach to maintaining the Terrorism is difficult to predict. Builders Conference. Therefore, the ability to develop prod- necessary program elements of TRIA while These are just a sampling of letters enhancing taxpayer protections. TRIA was ucts to insure against terrorism is very we have received from interests across first enacted after the events of 9–11 creating difficult to do. The size, severity, and the Nation that support this legisla- a federal backstop so that affordable ter- frequency of attacks are hard to model. tion. I ask unanimous consent that rorism coverage would be available and af- Also, attacks may be highly correlated, fordable for commercial policyholders across these letters be printed in the RECORD. making it difficult for private insurers the country, including apartment property to diversify their risks. There being no objection, the mate- owners, developers and managers. The pro- Having TRIA in place was deter- rial was ordered to be printed in the gram has been a successful public/private mined to be important. But if the mar- RECORD, as follows: partnership and is fiscally sound. On behalf of the National Multifamily ASSOCIATED BUILDERS ket is too heavily reliant on Federal Housing Council (NMHC) and the National support, we may deter private compa- AND CONTRACTORS, INC., Washington, DC, July 17, 2014. Apartment Association (NAA), we urge your nies from coming up with cost-effective support of S. 2244. As policyholders, our U.S. SENATE, solutions. That is why, instead of a Washington, DC. members are anxious to advance legislation straight reauthorization, I and others in a swift manner to eliminate the uncer- DEAR SENATOR: on behalf of Associated tainty associated with the year-end program pushed for reforms to maintain the Builders and Contractors (ABC), a national program and increase protections for expiration. construction industry association with 70 NMHC/NAA represent the nation’s leading taxpayers. chapters representing nearly 21,000 members, firms participating in the multifamily rental In order to do that, we examined I am writing to express our support for S. housing industry. Our combined member- each of the policy levers in the pro- 2244, the Terrorism Risk Insurance Program ships engage in all aspects of the apartment gram. The bill marked up by the bank- Reauthorization Act of 2014. The bill, intro- industry, including ownership, development, ing committee would increase the in- duced by Sen. Chuck Schumer (D–N.Y.), management and finance. NMHC represents would extend the Terrorism Risk Insurance surance industry’s aggregate retention the principal officers of the apartment indus- Act (TRIA) for seven years beyond the cur- level and the company coinsurance lev- try’s largest and most prominent firms. NAA rent expiration date of December 14, 2014, en- is a federation of 170 state and local apart- els. As the program stands today, the suring the construction industry will be able ment associations comprised of approxi- Federal Government would recoup any to secure sufficient terrorism insurance. mately 64,000 multifamily housing compa- TRIA payments it makes up to $27.5 Following the tragic attacks on our coun- nies representing nearly 7.5 million apart- billion through post-event payments. try on September 11, 2001, terrorism insur- ment homes throughout the United States This industry retention level allows ance rates skyrocketed and many contrac- and Canada. the taxpayer to recover TRIA pay- tors were unable to secure insurance, forcing TRIA and subsequent extensions of the ments through an industrywide assess- projects to be put on hold, costing jobs and program have been the mechanism that pro- ment on property-casualty policies. hindering economic development. The at- vides ready access to affordable insurance coverage. Terrorism risk does not resemble This aspect of the bill was last changed tacks had a particularly devastating impact on the construction industry: more than one other commercial risks. Unlike natural dis- in the 2005 reauthorization. The bill be- million jobs were lost and $15 billion in real asters in which insurers have had significant fore us today increases that estate transactions were canceled. experiences and data to project the risk of recoupment level by $2 billion a year, In 2002, President Bush signed TRIA into damage, terrorism remains unpredictable to an overall level of $37.5 billion—an law, immediately providing much needed as- and therefore largely uninsurable. The im- additional $10 billion. This is a signifi- surance to builders and lenders. TRIA acted pact of an event can be enormous, and insur- cant reduction in the potential expo- as a spark to help our economy recover in ance modeling for such risks is still not reli- sure and cost to taxpayers. the face of continued terrorist threats by al- able, thus underscoring the importance of In addition, the bill increases the lowing contractors across the country to se- continued federal involvement. cure this commercially necessary product. In 2012 data collected from our members company coinsurance level from 15 per- relative to their cost of insurance, take up cent to 20 percent over 5 years. This Since 2002, TRIA has been reauthorized rates for terrorism coverage was 91%. This is means that before the backstop is twice in overwhelmingly bipartisan fashion not insignificant and demonstrates that cer- reached, each company will take on a and has continued to act as a public-private tainty offered by TRIA in costs and coverage partnership to ensure the stability of the greater portion of the losses above limits are critical components in a multi- terrorism insurance marketplace. The seven family property owner’s continued ability to their deductible. year extension contained in S. 2244 would In order to get more private capital offer safe and affordable housing. provide a long term backstop that is nec- We thank you for your support of this in the marketplace, Senator FLAKE has essary to ensure the construction industry’s measure and appreciate your taking steps to an amendment to create an advisory future success. Without the extension, banks move this important legislation one step committee to promote the creation and will be less inclined to lend necessary funds closer to enactment before the December development of private sector risk- to new construction projects and companies 2014 expiration. sharing mechanisms. I support the ad- may be forced out of the industry because of Sincerely, financial risks, costing jobs and putting a dition of the Flake amendment and be- DOUGLAS M. BIBBY, roadblock in our nation’s drive to economic PRESIDENT, lieve the advisory committee will find recovery. private sector solutions that will allow National Multi Hous- In the wake of a recession in which our in- ing Council. us to further decrease the program in dustry faced a 27.2 percent unemployment DOUGLAS S. CULKIN, CAE, future reauthorizations. rate, the construction economy cannot sus- PRESIDENT, Before I conclude, I have a handful of tain the uncertainty and disruption that the National Apartment letters in my possession here from expiration of TRIA would trigger. Association.

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE July 17, 2014 CONGRESSIONAL RECORD — SENATE S4579

PROPERTY CASUALTY INSURERS As it is, we are encouraging you to pass company co-pay will be increased by one per- ASSOCIATION OF AMERICA, this compromise legislation to reauthorize a cent a year for five years until the co-pay in- July 16, 2014. program that has protected the economic se- creases from 15 percent to 20 percent. This Contact: Eileen Gilligan curity of the United States since its creation also represents an incremental change to an- Phone: 202–639–0497 following the September 11, 2001 terrorist at- other important element of the program. Email: [email protected] tacks. TRIA reauthorization should take into con- PCI URGES THE SENATE TO SUPPORT THE TER- Sincerely, sideration the potential impacts on small RORISM RISK INSURANCE PROGRAM REAU- JAMES D. GRANDE, property insurance companies. THORIZATION ACT OF 2014 SVP—Federal and Po- MBA urges all members of the Senate to Washington—Nat Wienecke, senior vice litical Affairs, Na- vote in favor of S. 2244 and to oppose amend- president, federal government relations of tional Association of ments that would weaken the TRIA pro- the Property Casualty Insurers Association Mutual Insurance gram. We look forward to working with Con- of America (PCI) issued the following state- Companies. gress, other policymakers, and engaged ment in regards to the Senate’s upcoming stakeholders to ensure the long-term reau- consideration of S. 2244, the Terrorism Risk MORTGAGE BANKERS ASSOCIATION, thorization of the TRIA program as quickly Insurance Program Reauthorization Act of July 14, 2014. as possible. 2014. Hon. HARRY REID, Sincerely, ‘‘PCI strongly supports passage of S. 2244, Majority Leader, U.S. Senate, DAVID H. STEVENS, the Terrorism Risk Insurance Program Re- Washington, DC. President and Chief Executive Officer. authorization Act of 2014, and commends the Hon. MITCH MCCONNELL, Senate Committee on Banking, Housing, and Minority Leader, U.S. Senate, COALITION TO INSURE Urban Affairs for unanimously passing this Washington, DC. AGAINST TERRORISM, legislation and sending it to the full Senate DEAR LEADER REID AND LEADER MCCON- Washington, DC, July 16, 2014. for a vote,’’ said Wienecke. ‘‘TRIA is a crit- NELL: On behalf of the Mortgage Bankers As- DEAR SENATOR: The Coalition to Insure ical part of the fabric of our national re- sociation (MBA), I am writing to urge the Against Terrorism (CIAT) strongly urges you sponse plan for terrorist attacks. Ensuring Senate to pass S. 2244, the Terrorism Risk to support S. 2244, the Terrorism Risk Insur- America’s economic resiliency to terrorist Insurance Program Reauthorization Act of ance Program Reauthorization Act of 2014. S. attacks is a solemn responsibility and we 2014, which was unanimously approved by the 2244 would extend the Terrorism Risk Insur- call on the members of the Senate to vote Senate Banking Committee last month. ance Act (TRIA) for seven years. aye and move this legislation one step closer With the year-end expiration of the Ter- CIAT represents a wide range of businesses to the president’s desk.’’ rorism Risk Insurance Act (TRIA) looming and organizations throughout the transpor- PCI is composed of more than 1,000 member closer, it is critical that Congress take ac- tation, real estate, manufacturing, construc- companies, representing the broadest cross- tion to pass a long-term extension of the ter- tion, energy, education, entertainment and section of insurers of any national trade as- rorism risk insurance program. retail sectors that regularly must obtain in- sociation. PCI members write over $195 bil- MBA’s paramount objective for TRIA reau- surance against terrorism. We know first- lion in annual premium, 39 percent of the na- thorization is for terrorism risk insurance to hand that, as part of its economic national tion’s property casualty insurance. Member remain both available and affordable, in the security, America needs a stable, reliable companies write 46 percent of the U.S. auto- long-term, for commercial real estate and terrorism competitive insurance market so mobile insurance market, 32 percent of the multifamily properties. The clearest path to employers can invest in assets and create homeowners market, 37 percent of the com- this objective is a long-term TRIA extension jobs without assuming the risk and liabil- mercial property and liability market, and 41 without modifications. If changes to the pro- ities of a terrorist attack. percent of the private workers compensation gram are inevitable, our perspective on TRIA Again, we urge you to support S. 2244 and market. reauthorization legislation is then guided by we thank you for your consideration of its potential impact on the availability and CIAT’s concerns on this vital issue. NATIONAL ASSOCIATION affordability of terrorism risk insurance. By Sincerely, OF MUTUAL INSURANCE COMPANIES, introducing a limited number of incremental THE COALITION TO INSURE AGAINST July 16, 2014. programmatic modifications, S. 2244 is con- TERRORISM. DEAR SENATOR: as the Senate completes sistent with past reauthorization efforts that floor consideration of S. 2244, the Terrorism MBA has supported. NATIONAL ASSOCIATION OF REALTORS, Risk Insurance Program Reauthorization A long-term extension of TRIA is essential July 16, 2014. Act of 2014, the National Association of Mu- to the health and vitality of the $2.5 trillion DEAR SENATOR: On behalf of the over one- tual Insurance Companies respectfully urges commercial and multifamily real estate fi- million members of the National Association you to vote ‘‘yes’’ on this critical piece of nance sector and the nation as a whole. The of REALTORS (NAR), I urge you to support legislation. A long-term reauthorization of absence of available and affordable terrorism S. 2244, the ‘‘Terrorism Risk Insurance Pro- the TRIA program ensures a vital piece of risk insurance would not only impact the gram Reauthorization Act of 2014,’’ when the the nation’s economic national security in- commercial real estate finance center, but Senate votes on it on Thursday, July 17th. frastructure will continue to encourage pri- would ripple through the economy as build- This bipartisan legislation, unanimously ap- vate sector involvement in the terrorism in- ings became more difficult and costly to fi- proved by the Senate Banking Committee in surance marketplace—thereby protecting nance and purchase. June, extends the Terrorism Risk Insurance and promoting our nation’s finances, secu- Any changes to TRIA should be incre- Act (TRIA) for seven years and makes mini- rity, and economic strength. mental, at most, and implemented over the mal changes to a program that has worked NAMIC is the largest and most diverse course of a long-term reauthorization period since its inception in 2002 at virtually no property/casualty trade association in the in order to avoid unintended consequences. cost to taxpayers. country, with 1,400 regional and local mutual Past reauthorization efforts for the program NAR’s membership includes commercial insurance member companies on main have introduced gradual changes that did practitioners and brokers who work with cli- streets across America joining many of the not negatively impact the availability and ents that would be adversely affected if country’s largest national insurers who also affordability of terrorism risk insurance. A TRIA is allowed to expire at the end of 2014, call NAMIC their home. Member companies departure from this approach could result in or if it is renewed in a manner that con- serve more than 135 million auto, home and price and availability shocks for terrorism stricts the ability of private insurers to business policyholders, writing in excess of risk insurance. We are pleased the Senate is make terrorism coverage available and af- $196 billion in annual premiums that account placing a high priority on TRIA reauthoriza- fordable throughout the country. The cur- for 50 percent of the automobile/ homeowners tion. rent TRIA program continues to be a suc- market and 31 percent of the business insur- Regarding S. 2244, MBA offers the fol- cess, keeping private terrorism insurance ance market. More than 200,000 people are lowing observations: coverage available and affordable while pro- employed by NAMIC member companies. Long-Term Extension—MBA strongly sup- tecting taxpayers and limiting the federal NAMIC appreciates the bipartisan leader- ports the seven-year extension period be- government’s exposure to only the most ex- ship of the Senate Banking Committee in re- cause it will allow for extended market cer- treme events. Though we do have concerns porting legislation by a unanimous vote tainty that a terrorism risk insurance pro- that provisions in S. 2244 to increase the which both increases taxpayer protections gram will be in place. mandatory recoupment amount (from $27.5 and which will maintain a robust terrorism Increased Recoupment—The federal gov- billion to $37.5 billion) could adversely im- insurance market for consumers and compa- ernment’s potential recoupment is increased pact the economy in the wake of a terrorist nies of all sizes. In particular, we applaud from $27.5 billion to $37.5 billion over a five- attack, overall we are pleased that the bill the crafters of S. 2244 for recognizing that year period. The five-year adjustment period received unanimous bipartisan support from raising the ‘‘trigger level’’ could make it im- ($2 billion per year) represents an incre- the Banking Committee. NAR urges the full possible for many small to medium-sized in- mental approach to an important element of Senate to approve it today. surers to continue to write terrorism and the program. Please give your support to S. 2244 when it other business coverages without ultimately Increased Insurance Company Co-Pay— reaches the Senate floor. TRIA provides a doing anything to reduce taxpayer exposure. After the initial deductible, the insurance crucial framework for economic recovery in

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S4580 CONGRESSIONAL RECORD — SENATE July 17, 2014 the wake of a catastrophic terrorist attack, surers represent almost 98 percent of all in- standard of stability for financial markets and allows the United States to maintain a surers writing TRIA coverage and almost and recovery after such an attack. stable terrorism insurance market so em- half of all TRIA-related premiums. Small The Chamber strongly urges you to sup- ployers can invest in properties and create and medium-sized insurers are a critical port S. 2244, the ‘‘Terrorism Risk Insurance jobs without assuming the risk and liabil- source of terrorism coverage as well as other Program Reauthorization Act of 2014,’’ and ities of a terrorist attack. Your support of lines of insurance meeting all of needs of may consider votes on, or in relation to, this this extension bill will aid in preventing American businesses large and small. The bill in our annual How They Voted score- market uncertainty for years to come. primary impact of raising the trigger would card. Sincerely, be on smaller, regional, and niche insurers Sincerely, STEVE BROWN, whose deductible—and even total exposure— R. BRUCE JOSTEN. 2014 President, is less than the amount of an elevated trig- National Association of REALTORS®. ger level that has been set too high. We ap- Mr. CRAPO. Getting terrorism risk plaud the crafters of S. 2244 for recognizing insurance right is important in order NATIONAL ASSOCIATION OF MUTUAL this important fact. to protect taxpayers and to limit eco- INSURANCE COMPANIES, PROPERTY We urge the Senate to take up S. 2244 as nomic and physical impacts of any fu- CASUALTY INSURERS ASSOCIATION quickly as possible. Consumers are already ture terrorist attacks on the United OF AMERICA, U.S. CHAMBER OF having to purchase terrorism insurance cov- erage that extends beyond TRIA’s current States. This bill will help us maintain COMMERCE, COMMERCIAL REAL ES- a properly balanced terrorism risk in- TATE FINANCE COUNCIL, December 31, 2014 expiration without any July 8, 2014. certainty regarding the levels of protection surance program that increases the Na- Hon. HARRY REID, TRIA will provide. Many newly issued poli- tion’s economic resilience to terrorism. Majority Leader, U.S. Senate, cies contain conditional terrorism exclu- Again, I thank Chairman JOHNSON and Washington, DC sions, which could result in no protection for Senators SCHUMER, KIRK, REED, and Hon. MITCH MCCONNELL, consumers if Congress fails to act in a timely HELLER for their partnership in bring- Minority Leader, U.S. Senate, manner. While most stakeholders prefer a ing this bill forward and encourage its straight extension of TRIA with no changes, Washington, DC. adoption. DEAR MAJORITY LEADER REID AND MINOR- we recognize and appreciate the bipartisan ITY LEADER MCCONNELL: The undersigned or- leadership of the committee in moving S.2224 The PRESIDING OFFICER. The Sen- ganizations respectfully request quick action forward and hope that you can reach agree- ator from Illinois. on S. 2244, the Terrorism Risk Insurance Pro- ment to bring this legislation to the Senate Mr. KIRK. Mr. President, I haven’t gram Reauthorization Act of 2014. This bi- floor as soon as possible where we believe it spoken that much in this Chamber partisan legislation was reported last month will have overwhelming support. since I suffered that stroke. I so with a unanimous vote by the Senate Com- Given the broad support this bill has al- mittee on Banking, Housing, and Urban Af- ready attracted, we would encourage the full strongly believe in this legislation to fairs and is essential to retain the Terrorism Senate to consider this legislation as soon as make it happen. Risk Insurance Program that has protected possible with minimal revisions, and in par- Behind me is a representation of the U.S. national and economic security since its ticular, no amendments to raise the trigger world’s tallest buildings, the 10 tallest creation following the September 11, 2001 ter- from its current $100 million level. We be- buildings in the world. Only one is in rorist attacks. To date, a quarter of the Sen- lieve that the current version of the legisla- the U.S.A. Look over at that tallest ators have cosponsored S. 2244. tion will help maintain a vital program that one. That still distresses me, the Burj The TRIA program is a vital piece of the has succeeded in fostering a robust terrorism nation’s economic national security infra- insurance market for consumers and compa- Khalifa, which is right now the tallest structure. The federal government plays an nies of all sizes, at virtually no cost to the building in the world. I believe as the important and appropriate role in encour- federal government. Senator representing Chicagoland, the aging private sector involvement in the ter- Sincerely, city that invented the skyscraper, that rorism insurance marketplace—thereby pro- National Association of Mutual Insur- Chicagoland citizens have a right to tecting and promoting our nation’s finances, ance Companies, Property Casualty In- grow up in the shadow of the world’s security, and economic strength. The Ter- surers Association of America, U.S. rorism Risk Insurance Program has been a tallest buildings. Unless we quantify Chamber of Commerce, Commercial the risk for building one of these build- remarkable success in achieving its primary Real Estate Finance Council. mission to ‘‘protect consumers by addressing ings through the TRIA legislation, we market disruptions and ensure the continued U.S. CHAMBER OF COMMERCE, will not return skyscrapers to the widespread availability and affordability of Washington, DC, July 16, 2014. country that invented skyscrapers. property and casualty insurance for ter- TO THE MEMBERS OF THE UNITED STATES With that I yield back the remainder rorism risk.’’ SENATE: The U.S. Chamber of Commerce, the of my time. The undersigned parties are very appre- world’s largest business federation rep- ciative of the bipartisan leadership of the resenting the interests of more than three Thank you. Senate Banking Committee in reporting leg- million businesses of all sizes, sectors, and The PRESIDING OFFICER. The Sen- islation that increases taxpayer protections regions, as well as state and local chambers ator from New York. while retaining broad support of consumer and industry associations, and dedicated to Mr. SCHUMER. Senator CRAPO listed groups and the marketplace. Working to- promoting, protecting, and defending Amer- some letters and asked that they be gether, Sens. Johnson and Crapo and mem- ica’s free enterprise system, strongly sup- bers of the Committee achieved consensus ports S. 2244, the ‘‘Terrorism Risk Insurance put in the RECORD for some groups sup- agreement on a bipartisan piece of legisla- Program Reauthorization Act of 2014,’’ and porting our legislation. tion. The bill reauthorizes the TRIA program applauds the Senate Committee on Banking, We have a very long list, and I ask for seven years, a period of time that will Housing, and Urban Affairs for reporting out unanimous consent that list be added bring longer-term certainty to the market this important bill with unanimous support. to the RECORD, the supporters of the and facilitate economic development, and in- In the months following the 9/11 terrorist legislation. creases the ultimate private sector share of attacks, the inability for insurance policy- the responsibility for insured losses, thereby holders to secure terrorism risk insurance There being no objection, the mate- reducing any potential burden on the tax- contributed to a paralysis in the economy, rial was ordered to be printed in the payer. especially in the construction, travel and RECORD, as follows: We are particularly appreciative that the tourism, and real estate finance sectors. SUPPORT S. 2244, THE BIPARTISAN TERRORISM Senate consensus bill largely maintains the Since its initial enactment in 2002, the Ter- RISK INSURANCE PROGRAM REAUTHORIZA- current thresholds that facilitate broad pri- rorism Risk Insurance Act (TRIA) has served TION ACT OF 2014 vate participation in the terrorism insurance as a vital public-private risk sharing mecha- market. For example, the bill maintains the nism, ensuring that private terrorism risk On April 10th, following two Banking Com- current $100 million ‘‘trigger’’—the min- insurance coverage remains commercially mittee hearings on the need for Congress to imum size of a terrorist event required to available and that the U.S. economy could reauthorize TRIA, Senators Schumer (D- trigger any Federal involvement. An exces- more swiftly recover in the event of a ter- NY), Kirk (R-IL), Reed (D-RI), Heller (R-NV), sive trigger could make it impossible for rorist attack. Murphy (D-CT), Johanns (R-NE), Warner (D- many small to medium-sized insurers to con- Catastrophic terrorism remains an unin- VA), Blunt (R-MO) and Menendez (D-NJ) in- tinue to write terrorism and other business surable risk because its frequency and loca- troduced the Terrorism Risk Insurance Pro- coverages. If insurers are forced out of the tion cannot be accurately predicted, and its gram Reauthorization Act of 2014. The spon- market, the result is expected to be less potential scale could be economically dev- sors, working with Banking Committee availability of coverage and less competi- astating. TRIA continues to promote long- Chairman Johnson and Crapo, crafted a bi- tion. That would be antithetical to TRIA’s term availability of terrorism risk insurance partisan compromise with the following key stated purposes. Small and medium-sized in- for catastrophic terror events and provides a features:

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE July 17, 2014 CONGRESSIONAL RECORD — SENATE S4581 Long-term extension that will promote national TORS, National Association of Real Estate issues that naturally divide the par- security, economic growth and market cer- Investment Trusts, National Association for ties. tainty Stock Car Auto Racing (NASCAR), National Then we had to do some negotiating, 7 year extension of TRIA until December Association of Waterfront Employers, Na- but we allowed—Senator CRAPO and tional Basketball Association, National Col- 31, 2021. Senator JOHNSON allowed every amend- Improve existing taxpayer protections legiate Athletic Association, National Coun- cil of Chain Restaurants, National Football ment, that any author who wanted to Gradually raise the insurer co-payment League, National Hockey League, National offer an amendment could. We worked from 15% to 20% over 5 years. Multifamily Housing Council, National Res- out some compromises on the Tester Gradually raise the mandatory recoupment taurant Association, National Retail Federa- amendment. Senator COBURN had ob- threshold from $27.5 billion to $37.5 billion tion, National Roofing Contractors Associa- jections, and a compromise was worked over 5 years. tion, National Rural Electric Cooperative When considering S. 2244, the Banking out there. Some were withdrawn, but Association, New England Council. Committee made several improvements to at the end of the day anyone who want- Partnership for NYC, Property Casualty ed an amendment got it. Both sides the bill offered by both Republican and Insurers Association of America (PCI), Pub- Democratic Committee Members, including lic Sector Alliance, Public Utilities Risk showed restraint, and I think that is requiring a study and rulemaking by the Management Association, Office of the Com- what brought us to this position. Treasury Department to improve the TRIA missioner of Baseball, The Real Estate Board So the good news for my colleagues, certification process to provide better guid- of New York, The Real Estate Roundtable, we have a very limited number of ance and certainty following events that Securities Industry and Financial Markets amendments, and we intend to dispose may qualify to be certified as ‘‘acts of ter- Association, Self-Insurance Institute of of the entire bill before lunch this ror’’ under the program. America, Inc., Starwood Hotels and Resorts, morning. Broad support for S. 2244 and extending TRIA Tenaska, Taxicab, Limousine & Paratransit Let me briefly go over the amend- Unanimous, Bipartisan Support in Committee: Association, UJA-Federation of New York, ments. By a unanimous and bipartisan vote of 22-0, United Airlines, Union Pacific, University Senator COBURN will offer an amend- the Banking Committee voted on June 3, Risk Management and Insurance Associa- ment on recoupment timing. The tion, U.S. Chamber of Commerce, U.S. Travel 2014, to report S. 2244 to the Senate floor. Coburn amendment would give the Quarter of the Senate are Cosponsors: A Association. Treasury Secretary the ability to ex- quarter of the Senate is now cosponsors of S. Mr. SCHUMER. Now I would like to 2244, including the original sponsors and Sen- tend the recoupment period of up to 10 discuss the amendment process to pre- years following an attack. The problem ators Blumenthal (D-CT), Booker (D-NJ), view it for my colleagues a little bit. Cardin (D-MD), Chambliss (R-GA), Crapo (R- is the way Senator COBURN had drafted I would also ask unanimous consent ID), Donnelly (D-IN), Durbin (D-IL), Franken his amendment, it would create a sig- that quorum calls be counted equally (D-MN), Gillibrand (D-NY), Isakson (R-GA), nificant score. He offered in it the against both sides. Johnson (D-SD), Klobuchar (D-MN), Markey Banking Committee and it failed on a The PRESIDING OFFICER. Without (D-MA), Merkley (D-OR), Mikulski (D-MD), bipartisan vote, the majority of both and Tester (D-MT). objection, it is so ordered. parties, I believe, voting against it. But Strong Support from a Wide Range of Stake- Mr. SCHUMER. As was mentioned, I holders Across the Country: A large number of believe by some of my colleagues, the he wanted to offer it on the floor, and so he will. businesses and organizations have called on give-and-take on this bill was ideally There is a point of order, a pay-go Congress to extend TRIA and support S. 2244, how things should work. First, a bipar- including the U.S. Chamber of Commerce, point of order that will be raised tisan group of Senators got together American Hotel and Lodging Association, against the Coburn amendment, and I Real Estate Roundtable, Realtors, Mortgage and crafted the legislation. As Senator will raise that because it does break Bankers Association, MLB’s Office of the CRAPO noted, there was some push and the budget. It doesn’t have a pay-for in pull, what should be the balance be- Commissioner, NBA, NCAA, NFL and NHL. exchange for it. So Chairman JOHNSON S. 2244 is strongly supported by a wide range of tween government and the private sec- and I believe the sponsors of the legis- organizations, including: tor, and we did move a little bit more lation recommend a ‘‘no’’ vote on American Association of Port Authorities, in giving greater responsibility to the waiving pay-go against the Coburn American Bankers Association, American private sector. People should note that amendment. Bankers Insurance Association, American at the end of the day the private sector The Tester amendment, as modified Bankers Securities Association, American will pay back all the money the gov- Council of Engineering Companies, American by Senator COBURN, I believe will be ernment would lay out if, God forbid, voice-voted. Senator TESTER and Sen- Gaming Association, American Hotel and there is a terrorist incident, but it Lodging Association, American Insurance ator JOHANNS described that ade- Association, American Land Title Associa- would be over a period of time of quately, but it is something long over- tion, American Public Gas Association, course. due that would create a National Asso- American Public Power Association, Amer- But we had Democrats and Repub- ciation of Registered Agents and Bro- ican Resort Development Association, Amer- licans come together and we came up kers and make the whole brokerage ican Society of Association Executives, As- with a bill. The chairman and ranking business work more smoothly. It has sociated Builders and Contractors, Associ- member agreed that the bill was a good very broad support in this body. ated General Contractors of America, Asso- idea, held hearings, and then we moved Senator VITTER will offer an amend- ciation of American Railroads, Association forward with the legislation. ment that would require the President of Art Museum Directors, Building Owners Then always comes the even greater and Managers Association International, to nominate at least one individual Boston Properties, Campbell Soup Company. morass. We do get some bills passed with primary experience working in or Coalition to Insure Against Terrorism, out of this place with bipartisan sup- supervising community banks on the Cornerstone Real Estate Advisers, LLC, CRE port and many of them are significant Federal Reserve Board of Governors. I Finance Council, CSX Corporation, Emerson, bills, but then we go to the floor and am sure he will come to the floor to ex- Financial Services Roundtable, Food Mar- we wonder what is going to happen plain his amendment. We expect this keting Institute, Helicopter Association now. We have the age-old dispute about amendment, which we will all agree to, International, Hilton Worldwide, Host Hotels how many amendments, what type of will be approved by voice vote, and & Resorts, Inc., Institute of Real Estate amendments, should they be relevant. Management, InterContinental Hotel Group, Chairman JOHNSON has recommended a International Council of Shopping Centers, In this case we asked colleagues on voice vote to the Members on our side. International Franchise Association, Inter- both sides of the aisle who would want Finally, there is a Flake amendment national Safety Equipment Association, amendments. that would create an advisory com- International Speedway Corporation, Long The amendments that came back mittee on risk-sharing mechanisms. Island Import Export Association, Marriott were reasonable. Most—not all—were Again, I think Senator FLAKE will International, Mortgage Bankers Associa- related to terrorism insurance. Those come down at some point and explain tion, NAIOP. that weren’t, such as by Senator his amendment. There will be a re- National Apartment Association, National TESTER and Senator VITTER, were in corded vote on this at least as planned Association of Chain Drug Stores, National Association of Home Builders, National As- the jurisdiction of the Banking Com- now, and I will be supportive and I sociation of Manufacturers, National Asso- mittee, so they at least had some rela- know Chairman JOHNSON again has rec- ciation of Mutual Insurance Companies tionship. We did not get a flurry of ommended a ‘‘yes’’ vote on the Flake (NAMIC), National Association of REAL- amendments from all over the place on amendment.

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S4582 CONGRESSIONAL RECORD — SENATE July 17, 2014 With that, I note the absence of a tends for 7 years the Federal loss shar- backstop a catastrophic terrorist at- quorum. ing program developed in response to tack. This legislation will increase The PRESIDING OFFICER. The the market destructions that were that amount by another $10 billion— clerk will call the roll. caused by 9/11. Created in 2002, the Ter- from $27.5 billion to $37.5 billion. We The legislative clerk proceeded to rorism Risk Insurance Program was in- are also increasing the amount of call the roll. tended to be just a 3-year program. money which the private sector insur- The PRESIDING OFFICER. The Sen- This program has since been extended ance industry must put up upfront be- ator from Arizona. twice, and the bill before us would ex- fore the government steps in and pro- Mr. FLAKE. Mr. President, I ask tend its life through December 31, 2021. vides a backstop. We are increasing unanimous consent that the order for Given the longevity of the program, I that from a 15-percent copay to 20-per- the quorum call be rescinded. 59/b think it would be prudent for us to cent copay. The PRESIDING OFFICER. Without focus some attention on the growing We are taking significant steps in objection, it is so ordered. private market reinsurance capability this legislation to get to the ultimate AMENDMENT NO. 3551 and capacity. objective of having the private sector Mr. FLAKE. I ask unanimous consent My amendment simply establishes an fully handle the insurance risk due to a to temporarily set aside the pending advisory committee composed of mem- catastrophic terrorist attack. amendment so I may call up my bers of the insurance industry to pro- Senator FLAKE has provided an amendment 3551, which is at the desk. vide recommendations to accelerate amendment, which I support, that The PRESIDING OFFICER. Without the creation and development of pri- would help us create an advisory com- objection, it is so ordered. vate nongovernmental risk-sharing mittee that will focus on this specific The clerk will report the amendment. mechanisms for terrorism losses. I urge issue and help us to find private sector The legislative clerk read as follows: my colleagues to join me in taking this solutions to allow us to further de- The Senator from Arizona [Mr. FLAKE] pro- modest step toward developing a func- crease the program in the future reau- poses an amendment numbered 3551. tioning private-run market for ter- thorizations. I think this is an incred- The amendment is as follows: rorism risk insurance, thereby reduc- ibly important amendment, and I be- ing dependency on the Federal Govern- (Purpose: To establish the Advisory lieve there is strong bipartisan support Committee on Risk-Sharing Mechanisms) ment in this regard. for it. It allows us to have advice and I yield the floor and I note the ab- On page 13, after line 22, insert the fol- support from this advisory committee lowing: sence of a quorum. that would be created under his amend- The PRESIDING OFFICER. The SEC. 8. ADVISORY COMMITTEE ON RISK-SHARING ment to take further and more impor- MECHANISMS. clerk will call the roll. tant steps toward achieving the ulti- (a) FINDING; RULE OF CONSTRUCTION.— The legislative clerk proceeded to mate objective of having to be able to (1) FINDING.—Congress finds that it is de- call the roll. eliminate the need for taxpayer in- Mr. CRAPO. Mr. President, I ask sirable to encourage the growth of non- volvement in dealing with catastrophic governmental, private market reinsurance unanimous consent that the order for events such as a terrorist attack. capacity for protection against losses arising the quorum call be rescinded. from acts of terrorism. The PRESIDING OFFICER (Mr. I strongly support the addition of the (2) RULE OF CONSTRUCTION.—Nothing in this Flake amendment. I believe the advi- BOOKER). Without objection, it is so or- Act, any amendment made by this Act, or dered. sory committee he proposes will find the Terrorism Risk Insurance Act of 2002 (15 private sector solutions which will U.S.C. 6701 note) shall prohibit insurers from Mr. CRAPO. Mr. President, I wish to take this opportunity to make com- allow us to further decrease and ulti- developing risk-sharing mechanisms to vol- mately eliminate the program in fu- untarily reinsure terrorism losses between ments on a couple of the amendments and among themselves. that have been or will be presented to ture reauthorizations. (b) ADVISORY COMMITTEE ON RISK-SHARING the bill. Another amendment that has been MECHANISMS.— First, with regard to the amendment discussed on the floor today by Senator (1) ESTABLISHMENT.—The Secretary of the presented by Senator FLAKE. As I men- TESTER of Montana and Senator Treasury shall establish and appoint an advi- tioned in my opening remarks, I sup- JOHANNS of Nebraska is the NARAB sory committee to be known as the ‘‘Advi- port this amendment. One of the issues amendment, which is an amendment sory Committee on Risk-Sharing Mecha- that will be added to this legislation. nisms’’ (referred to in this subsection as the we deal with in the reauthorization of ‘‘Advisory Committee’’). TRIA each time we face it is the cor- This is also an important piece of legis- (2) DUTIES.—The Advisory Committee shall rect balance and the level of govern- lation from the banking committee provide advice, recommendations, and en- ment protection and support that and it is called the National Associa- couragement with respect to the creation needs to be in place to help the market tion of Registered Agents and Brokers, and development of the nongovernmental deal with major catastrophic events in or NARAB. Again, it is a bipartisan risk-sharing mechanisms described under the United States and the level of re- piece of legislation that has strong sup- subsection (a). quirement we insist there be from the port across the United States in var- (3) MEMBERSHIP.—The Advisory Committee ious industries to try to allow our reg- shall be composed of 9 members who are di- private sector and how they will step rectors, officers, or other employees of insur- in and deal with these risks on an in- istered agents and brokers to have a ers, reinsurers, or capital market partici- surance basis rather than requiring the more efficient and effective system in pants that are participating or that desire to taxpayers to be the ultimate backstop. which to obtain necessary authoriza- participate in the nongovernmental risk- Ultimately our objective should be tion to conduct their business nation- sharing mechanisms described under sub- and must be that the taxpayer be re- wide. section (a), and who are representative of the lieved of this kind of burden and that I am an original cosponsor of this affected sectors of the insurance industry, language because it simplifies the proc- including commercial property insurance, the private sector step in and cover the commercial casualty insurance, reinsurance, risks through our private sector insur- ess of agent licensing across State lines and alternative risk transfer industries. ance markets. I think we have a pretty while preserving the authority of State (c) EFFECTIVE DATE.—The provisions of broad consensus that we are not at the insurance regulators. This bill has this section shall take effect on January 1, level yet where we can get there, but broad support from the insurance com- 2015. each time we have reauthorized TRIA, munity, including the National Asso- Mr. FLAKE. Mr. President, I am we have moved it closer to that objec- ciation of Insurance Commissioners, pleased to have the opportunity to tive, and this legislation itself moves it the Independent Insurance Agents and offer this amendment. I thank my col- closer. Brokers of America, the National Asso- leagues, the ranking member of the As I said in my introductory re- ciation of Insurance and Financial Ad- Banking Committee, and the senior marks, we have increased the retention visers, and the Council of Insurance Senator from New York for working level—in other words, the amount of Agents and Brokers. with my office to make this possible. money the private sector must pay The creation of NARAB will allow The Terrorism Risk Insurance Pro- back to the Treasury if the taxpayer is agents and brokers to focus on their re- gram Reauthorization Act before us ex- ultimately required to step in and sponsibilities to their clients and spend

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE July 17, 2014 CONGRESSIONAL RECORD — SENATE S4583 less time dealing with redtape. By re- done. I was one of the original cointro- Now, as time has gone on, we have ducing costs and increasing competi- ducers of this bill, along with Senator had a conversation about how to best tion among insurance producers, we SCHUMER and Senator REID, as well as share this responsibility between the will generate lower costs and better Senators MENENDEZ, WARNER, KIRK, public sector and the private sector, service for consumers. Importantly, HELLER, JOHANNS, and BLUNT. because we expect that private insurers NARAB II deals specifically with mar- Ultimately, we were educated by still should, as is their business, pick ketplace entry and would not impact what happened in the weeks and up some of this cost. So this version of the States’ jurisdiction over day-to-day months following September 11. In that the bill continues along the line of authority in the insurance market- period of time, the real estate market transferring some of this responsibility place. This is a very critical point be- in large parts of this country—cer- from the Federal Government and the cause I believe one of the biggest issues tainly in my part of the country sur- Federal taxpayers to private insurers. relating to this legislation is pre- rounding New York City—collapsed. As For instance, the underlying legisla- serving and protecting States rights a result, $15 billion worth of projects tion continues to have a 20-percent de- and State jurisdiction with regard to stalled overnight, and we lost about ductible. But after that 20-percent de- regulation of the insurance market- 300,000 construction jobs that were ductible is met, under the previous place. planned to come online—all because version of the bill the insurer was re- Insurance commissioners of the the insurance industry decided, with sponsible for picking up 15 percent of States will be able to better catch bad justification, that they could no longer the cost. Under this bill they are going actors who, after losing a license in one insure for the risk of terrorism. Prior to pick up 20 percent of the cost. So State, move quickly to enter into an- to September 11 we got coverage for there is a little bit more responsibility other State. State regulators will serve terrorism essentially at no cost. But built in for the cost of paying out after September 11, again, for good rea- on the board of NARAB with the same claims after a terrorist attack is son, for good cause, insurers, without objectives they have as insurance com- picked up by insurers. knowing what their exposure was going There is a provision in the bill which missioners—to protect the public inter- to be should there be another attack, says the Federal Treasury will recoup est by promoting the fair and equitable decided they could no longer insure for the costs from insurers of any claims it treatment of insurance consumers. that risk. So, in this sense, it logically pays out. It can do that over a long pe- The idea for NARAB is now 14 years fell to the Federal Government to pro- riod of time. Previously, it was manda- old. We have literally been working on vide that assurance that no matter tory to recoup all of that money for it for that long, and I am hoping we where one is—whether in Idaho or Ne- claims under $27 billion. Now that can get this legislation across the fin- braska or Connecticut or New Jersey— number is $37 billion. So we now have ish line today. if a person is building a project and a mandatory return to the Treasury of These are two important amend- they were the subject of terrorism, any claims under $37 billion, which is ments that will come forward today they would get a backstop of protec- an additional protection for taxpayers with regard to the TRIA legislation, tion for those losses. as well as an additional responsibility and there are several more. As we move Some said at the time: Why don’t we for insurers now because we will collect forward today I am hopeful we will treat insurance, when it comes to pro- from the insurers for losses up to a make the kind of progress on these im- tecting for terrorism, the same as we higher amount than the previous law. I portant and critical issues that will en- protect against other disasters? Of think all of this is pretty reasonable. able us to not only pass this legislation course, we see these threats as fun- I wish there were more days such as but to do so with a strong vote here in damentally different. We can make a this and weeks such as this—although the Senate and then get us into a con- decision as to whether we want to live maybe TRIA isn’t infused with the ference with the House so we can put in a part of the country that may be same kind of politics that other issues this important legislation, which has subject to greater risk from floods or such as immigration reform and energy been developed on a bipartisan basis, hurricanes. So we have grown to accept reform and criminal justice reform can on the President’s desk. the fact that we are going to pay a lit- be—but this was made possible by some Far too often we are seeing gridlock tle bit more if we are going to have a really hard work by a number of people in this Chamber. We have two pieces of house or a business right on the water. who knew this was right to do for the legislation today where we have a bi- And we have a program here by which country. Speaking as a Senator from a partisan agreement and bipartisan sup- we mitigate that risk so that it is not State that has a big stake in the reau- port, and I think it is a good day for extraordinarily different, under- thorization of TRIA, I say thank you to the Senate to see this kind of legisla- standing there is still good reason why all of the people who made this possible tion moving forward. people have to congregate in those and give an advanced shout-out to the I yield the floor. spaces. But a terrorist attack, frankly, House of Representatives which we The PRESIDING OFFICER. The Sen- whether it happens in New York City hope will pass this bipartisan bill in an ator from Connecticut. right on the precipice of Connecticut, expeditious manner. Connecticut cares Mr. MURPHY. Thank you, Mr. Presi- or in Los Angeles or in a rural environ- about this because we were, as I said, dent. Let me join my friend Senator ment in the Midwest, is an attack on on the edge of the attack of September CRAPO in congratulating the leadership the United States of America. That is 11. We lost dozens and dozens of Con- on both the Republican and Demo- an attack on all of us, no matter what necticut residents in that attack. Our cratic side and the leadership on the specific geography in which it happens economy was effectively shut down be- banking committee for bringing this to be located. So that is why we made cause of the inability to assess this bill before us this morning. It is, unfor- the decision as a Nation to help back- risk throughout the real estate sector tunately, all too rare when we can stop those localities that may feel the surrounding New York City. But we bring a piece of legislation to the floor initial burden of having to reconstruct also are home to some of the biggest that has been worked on by both sides after a terrorism attack, because we and, frankly, most responsible property of the aisle and has broad agreement believe it is a national responsibility. and casualty insurers. The Hartford on both sides of the aisle. Of course, as So for the practical reason that there and Travelers, in particular, have been the Senator from Idaho knows, there is was no longer an ability for the insur- a big part of trying to figure out a pub- nothing partisan about the effects of ance industry to calculate how on lic-private partnership to solve this not reauthorizing TRIA. This is going Earth they would assess a premium problem, and this certainly helps them to affect every part of the country. Re- based on the enormous potential loss of to be able to provide more of a very im- publicans and Democrats, people of lib- a terrorist event, and because of the portant product to the rest of the coun- eral and conservative persuasions, will fact that as Americans we felt as try. ultimately be paying a lot more and though we should come together and So, again, my thanks to all of those losing a lot more because of our failure insure against this risk, we passed who made this piece of legislation pos- to get this bill done. So let me again TRIA initially. Over time we have sible. My hope is we get a big vote later thank Senator CRAPO and Senator come together as Republicans and today across the aisle, sending a mes- JOHNSON for all the work they have Democrats to reauthorize it. sage to the House of Representatives

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S4584 CONGRESSIONAL RECORD — SENATE July 17, 2014 that they can take this bipartisan tions—were and are an important part This is very important in the context piece of legislation, pass it, and then of our financial system. In fact, these of the too-big-to-fail debate. Too big to get it to the President’s desk. Then we days it is one part of our financial sys- fail helped lead to the crisis several can, once again, give some sense of sur- tem that sets us apart from many oth- years ago in the banking industry. It ety to our insurance markets and our ers, such as Canada and Europe, which helped lead to the massive bailouts of real estate market that the United are far more dominated by mega-insti- mega-institutions, and unfortunately I States of America is, once again, going tutions. Of course, the United States am one who believes—and there are to step up and decide that terrorism, has some very big institutions, and many others—that too big to fail is no matter where it happens—whether they serve an important role and they alive and well today, and in some ways it is in New York City or in Topeka— have an important place, but smaller Dodd-Frank institutionalized too big is not going to get this country back. institutions, so-called community to fail. It did not end too big to fail in I yield the floor, and I note the ab- banks, serve a vital role as well and any way. sence of a quorum. particularly in smaller communities We need to do a number of things to The PRESIDING OFFICER. The and in more rural areas they serve even the playing field, to make it fair- clerk will call the roll. The assistant those communities in a way er for smaller institutions, community legislative clerk proceeded to call the megabanks simply do not. banks that serve our smaller commu- roll. I have been looking at this trend on nities in rural areas, particularly on Mr. VITTER. Mr. President, I ask the Federal Reserve, and unfortunately the Federal Reserve Board, which is unanimous consent that the order for there is an unmistakable trend away such a significant governing and super- the quorum call be rescinded. from having adequate representation visory board in our banking industry. The PRESIDING OFFICER. Without from folks with community bank expe- I specifically thank the ranking objection, it is so ordered. rience; that same trend has been to- member of the committee, Senator AMENDMENT NO. 3550 ward having the Federal Reserve Board CRAPO, for his support of this concept, Mr. VITTER. Mr. President, I ask completely dominated by academics his support in negotiations of this unanimous consent to temporarily set and folks with megabank and academic amendment, and his very active in- aside the pending amendment so that I economist experience. volvement in getting this amendment may call up my amendment No. 3550, This chart I have in the Chamber accepted on to the TRIA bill. which is at the desk. shows that trend. From 1936 until the I think the ranking member may The PRESIDING OFFICER. Without present, it goes decade by decade. The have a few words about this and other objection, it is so ordered. chart is a little busy, and we have this matters. I will relinquish the floor. The clerk will report. color coding here, but basically we can The PRESIDING OFFICER. The Sen- The assistant legislative clerk read see this huge growth in the domination ator from Idaho. as follows: of this red category: folks with pure Mr. CRAPO. Mr. President, I will just The Senator from Louisiana [Mr. VITTER] take a moment to speak about Senator proposes an amendment numbered 3550. academic economic experience. Folks with community bank experience, VITTER’s amendment, which I strongly Mr. VITTER. Mr. President, I ask which used to actually dominate the support. unanimous consent that reading of the Federal Reserve Board several decades During Dr. Yellen’s nomination hear- amendment be dispensed with. ing, I noted the need to fill additional The PRESIDING OFFICER. Without ago, are now very limited. Look, there is nothing wrong with vacancies at the Federal Reserve Board objection, it is so ordered. with individuals bringing balanced The amendment is as follows: folks with academic experience, but it should not be so dominant on the Fed- viewpoints. The President should nomi- (Purpose: To reaffirm the importance of eral Reserve and we should have reg- nate someone with community bank community banking and community bank- ular representation from community experience to the Board to fill at least ing regulatory experience on the Federal banks or community bank supervisors one of the remaining vacancies. Reserve Board of Governors, to ensure the Community banks play an important Federal Reserve Board of Governors has a because that is a vital part of our member who has previous experience in banking system. role in their local economies and face a community banking or community bank- My amendment is therefore very sim- disproportionate burden from our ex- ing supervision) ple. It would mandate that at least one isting regulations. We should ensure On page 13, after line 22, add the following: member of the Federal Reserve Board that the perspective of these banks is SEC. 8. MEMBERSHIP OF BOARD OF GOVERNORS have that experience, have direct com- represented in policymaking. That is OF THE FEDERAL RESERVE SYSTEM. munity bank experience or have direct what this amendment does, and I en- (a) IN GENERAL.—The first undesignated experience as a community bank super- courage my colleagues to support it. paragraph of section 10 of the Federal Re- The PRESIDING OFFICER. The Sen- serve Act (12 U.S.C. 241) is amended by in- visor. Specifically, we are talking about institutions with less than $10 ator from Louisiana. serting after the second sentence the fol- Mr. VITTER. Mr. President, just one lowing: ‘‘In selecting members of the Board, billion in total assets. the President shall appoint at least 1 mem- This bill follows a letter several of final wrapup issue. I ask unanimous ber with demonstrated primary experience my colleagues joined me in sending to consent to have printed in the RECORD working in or supervising community banks President Obama. We were asking him a letter of support for this amendment having less than $10,000,000,000 in total as- to nominate an individual with that from ICBA, the Independent Commu- sets.’’. sort of experience, and I thank the co- nity Bankers of America. (b) EFFECTIVE DATE.—The amendment signers on that letter: Senators There being no objection, the mate- made by this section shall take effect on the rial was ordered to be printed in the date of enactment of this Act and apply to TESTER, MORAN, MERKLEY, COBURN, and RECORD, as follows: appointments made on and after that effec- JOHANNS on the committee; and non- tive date, excluding any nomination pending committee Members Senators HIRONO, INDEPENDENT COMMUNITY in the Senate on that date. KING, FRANKEN, BALDWIN, BEGICH, LAN- BANKERS OF AMERICA, Washington, DC, July 17, 2014. Mr. VITTER. Mr. President, I rise to DRIEU, HEINRICH, and UDALL. U.S. SENATE, talk about this amendment which I We seem to be making progress in Washington, DC. look forward to being adopted on this that regard. There is widespread re- DEAR SENATOR: On behalf of the Inde- important terrorism risk insurance re- porting that the White House is consid- pendent Community Bankers of America and authorization bill. It is a commonsense ering a list of candidates for the Fed- the more than 6,500 community banks na- amendment. It is about the Federal Re- eral Reserve with community banking tionwide, I write to urge you to vote YES on serve Board, and it says at least one experience. But this specific mandate— Amendment 3550, offered by Senator David member of that important Board just one member, a very modest man- Vitter, to the Terrorism Risk Insurance Pro- date—would help ensure that happens gram Reauthorization Act of 2014 (S. 2244). should have significant experience as a This amendment would ensure at least one community banker or a community and would help ensure that regularly member of the Board of Governors of the bank supervisor. happens into the future to reverse this Federal Reserve (the Board) has experience This used to be commonplace because trend, to get more balance on the Fed- as a community banker or as a supervisor of community banks—smaller institu- eral Reserve Board. community banks. The Board not only plays

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE July 17, 2014 CONGRESSIONAL RECORD — SENATE S4585 a key role in our economy by promoting em- On page 5, line 10, strike ‘‘(iii)’’ and insert not just where we had the problem—ev- ployment and stable prices, but is also an ‘‘(III)’’ and move such subclause 2 ems to the erybody in the country—because we important regulatory body for the U.S. and right. have designed a bill that will in fact On page 5, line 11, strike ‘‘(I)’’ and insert global financial system. A broad range of mandate that or at least could man- representation on the Board is critical to its ‘‘(aa)’’ and move such item 2 ems to the effectiveness. right. date that. Community banks are vitally important to On page 5, line 13, strike ‘‘(II)’’ and insert I have been around this place for 10 the nation’s economy, particularly with re- ‘‘(bb)’’ and move such item 2 ems to the years. I know exactly what is going to spect to small business lending and providing right. happen if that comes about through banking services in small and rural commu- On page 5, line 14, strike the period at the this TRIA bill. The first thing that will nities. These banks and the communities end and insert ‘‘; and’’. happen is the Senate and the House they serve have vital interests at stake in On page 5, between lines 14 and 15, insert the following: will pass an elimination of this require- the economic, banking, and payment system ment. So what will happen is the issues that come before the Board. The (ii) by adding at the end the following: Board must consider how best to tier regula- ‘‘(iii) DEADLINE EXTENSIONS.— American taxpayer will get stuck with tion to meet regulatory objectives without ‘‘(I) IN GENERAL.—If the mandatory all this. They all know that. Everybody disproportionately impacting community recoupment amount under subparagraph (A) agrees they designed the bill to meet banks. Expertise is also required to ensure is more than $1,000,000,000 in any given cal- CBO. So what I put in was an amend- that regulations intended for the largest endar year, the Secretary may extend the ment that would give flexibility to the applicable deadline for collecting terrorism banks do not unintentionally sweep in com- Treasury so we do not, after one trag- munity banks. The unexpected compliance loss risk-spreading premiums under clause (i) for a period not to exceed more than 10 edy, create another tragedy with mark- problems associated with the December 2013 edly elevated casualty and property Volcker Rule vividly illustrate this risk. years after the date on which such act of ter- By requiring community bank representa- rorism occurred. rates. We still recoup the money, but tion on the Board, Senator Vitter’s amend- ‘‘(II) DETERMINATION.—Any determination we do it over a longer period of time, if ment will help secure the future of the com- by the Secretary to grant an extension under it is necessary, and we give the Sec- munity banking industry and the customers subclause (I) shall be based on— retary of the Treasury the ability to do and communities that depend on it. Again, ‘‘(aa) the economic conditions in the com- that. ICBA urges you to vote YES on this impor- mercial marketplace, including the capital- ization, profitability, and investment re- My friend from New York says there tant amendment. is a budget point of order that lies Thank you for your consideration. turns of the insurance industry and the cur- Sincerely, rent cycle of the insurance markets; against it. It does according to CBO. I CAMDEN R. FINE, ‘‘(bb) the affordability of commercial in- agree, it does. But the difference be- President and CEO. surance for small- and medium-sized busi- tween this and most budget points of Mr. VITTER. Thank you, Mr. Presi- nesses; and order is my amendment will not in- ‘‘(cc) such other factors as the Secretary crease the deficit one penny—not one dent. considers appropriate. The PRESIDING OFFICER. The Sen- penny. ‘‘(III) REPORT.—If the Secretary grants an I would also note that my colleague ator from Oklahoma. extension under subclause (I), the Secretary from New York has voted to override AMENDMENT NO. 3549 shall promptly submit to Congress a report— Mr. COBURN. Mr. President, I ask ‘‘(aa) justifying the reason for such exten- budget points of order every time they unanimous consent that the pending sion; and have been offered this year. So it is amendment be set aside and my ‘‘(bb) detailing a plan for the collection of going to be curious to me to all of a the required terrorism loss risk-spreading sudden have a budget point of order amendment No. 3549 be called up. premiums.’’. The PRESIDING OFFICER. Without raised by someone who has voted to objection, it is so ordered. Mr. COBURN. Mr. President, we have override the budget point of order The clerk will report. before us a bill where unfortunately we every time it has been offered in the The assistant legislative clerk read do not believe in markets. We are told Senate this session, and it goes to why as follows: markets will not work, so we have a we should not pass this bill without The Senator from Oklahoma [Mr. terrorism risk insurance bill. That common sense in terms of how we col- COBURN] proposes an amendment num- means the Federal Government is lect the recoupment. bered 3549. going to be the insurer of last resort. I understand the constraints of CBO, Mr. COBURN. Mr. President, I ask There have been some improvements but I also understand common sense. unanimous consent that reading of the over what we have put forward in the So we are going to play the game on amendment be dispensed with. past, and I agree with those improve- the constraints, and we are ultimately The PRESIDING OFFICER. Without ments if in fact we have to do this. I going to pass on—rather than recoup— objection, it is so ordered. am not convinced we have to do it, but we are ultimately going to pass it on to The amendment is as follows: we are going to do it, and I understand the American taxpayer, which hollows (Purpose: To allow the Secretary to extend that. I think the work of the com- out the whole purpose of the bill. the deadline for collecting terrorism loss mittee, of which I am a member, has So this has a billion-dollar score, on risk-spreading premiums if the mandatory been very good. which we are going to have a point of recoupment is morethan $1,000,000,000) But there is one real problem with order, which I am sure I will lose. But On page 4, line 21, strike ‘‘(i)’’. this bill, and it is about smoke and when you vote for this bill, know you On page 4, between lines 21 and 22, insert mirrors, it is about not being honest are not voting for what the bill says it the following: with the American people. This bill is going to do because it is going to do (i) in clause (i)— On page 4, line 22, strike ‘‘(i)’’ and insert was designed so it would have no score. something completely different than ‘‘(I)’’ and move such subclause 2 ems to the It was not designed to do the best we what it says, if we were to have one of right. can for America should we have a trag- these catastrophies. On page 4, line 23, strike ‘‘(I)’’ and insert edy, and it was not designed to create The political pressure to not have ‘‘(aa)’’and move such item 2 ems to the right. the flexibility that would be necessary these massive increases in property On page 5, line 1, strike ‘‘(II)’’ and insert if we do have a tragedy. and casualty insurance—this place will ‘‘(bb)’’ and move such item 2 ems to the Let me outline this for you. The way fall, and so will the House, and we will right. On page 5, line 3, strike ‘‘(ii)’’ and insert this bill is set up is that we could have change this, and we will have the score ‘‘(II)’’ and move such subclause 2 ems to the a significant tragedy, God forbid, in then. We will have the score then, and right. this country from a terrorist attack, ultimately your children will pay for On page 5, line 4, strike ‘‘(I)’’ and insert and the bill will mandate spikes in cas- the cost of this terrorism risk insur- ‘‘(aa)’’ and move such item 2 ems to the ualty and property insurance far above ance, not the people who are owning right. what will need to happen because we the property today, not the insurance On page 5, line 6, strike ‘‘(II)’’ and insert passed the bill to pass a CBO score. So company. We will just kick the can ‘‘(bb)’’ and move such item 2 ems to the right. what could happen is we would have to down the road, just as we have on ev- On page 5, line 8, strike ‘‘(III)’’ and insert collect billions of dollars over an 18- erything else. ‘‘(cc)’’ and move such item 2 ems to the month period through premium in- It would seem to me that we would right. creases on everybody in the country, want to do something that works along

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S4586 CONGRESSIONAL RECORD — SENATE July 17, 2014 the parameters of this bill, and we the Terrorism Risk Insurance Program ticularly important for continued de- ought to build in flexibility to this bill Reauthorization Act of 2014, TRIA, velopment in the tourism sector— so that—it may be 10 years that we get which I have cosponsored. which is a critical part of the economy. on one of these because the bill is di- First, I commend Banking Com- The passage of S. 2244 today illus- vided up to meet the score so it does mittee Chairman JOHNSON and Ranking trates the widespread, continued sup- not score in any one period. So over an Member CRAPO for their leadership on port for TRIA and the need for a back- 18-month period we could have to re- this important issue. Their efforts, stop to guarantee sufficient capacity coup it all and people could not tol- along with those of the sponsors and for businesses to insure against cata- erate those kinds of rate increases in cosponsors of the bill, led to a unani- strophic terrorist events, including their businesses or their homes. They mous committee vote of 22 to 0 to re- coverage for events involving a nu- would not be able to tolerate it and we port the legislation favorably to the clear, biological, chemical or radio- would change it. Just as I am asking full Senate. It is heartening to see leg- logical element. At the same time, S. for us to change it now and be honest islation like this come together on 2244 also ensures that taxpayers are a with the American people, we are going such a strong bipartisan basis. top priority and includes a recoupment to change it if that happens. Reauthorizing TRIA is vital and not mechanism to guarantee that tax- We will change this, and we will just from a Banking Committee per- payers are made whole if the backstop delay the onset of the collection of this spective. I also have the privilege of is triggered. recoupment. Everybody knows that serving on the Armed Services Com- I now hope that the House of Rep- will happen. So why not be honest mittee. It is through this dual lens, and resentatives will take quick action on about it and put it in the bill now and from what we know of the significant S. 2244 so that the President can sign waive the budget point of order because terrorist threats our Nation still faces, this legislation and assure continued it does not change the deficit one that compels me to believe that we stability in the commercial property penny. It changes when we collect it, need to reauthorize TRIA as soon as and insurance market. but we still collect it against the risk possible. The PRESIDING OFFICER. The Sen- of not collecting it at all. We must keep markets effectively ator from South Dakota. Mr. JOHNSON of South Dakota. Mr. That is what I ask my colleagues. I and efficiently operating in light of President, I rise today to support S. do not expect to win the amendment, these threats. We must continue to 2244, the Terrorism Risk Insurance but it is another confirmation to the have policies in place to make sure our Program Reauthorization Act. Con- American people that we are not about economy stays on track in the event of gress first enacted TRIA into law in truth, we are not about doing common- another attack on our Nation. 2002 after the commercial property sec- sense things; we are about playing In short, reauthorizing TRIA is not tor saw major disruptions in the abil- games and we are about satisfying the only a matter of economic security; it ity to obtain financing and terrorism demands of the industry over which is also a matter of national security. risk insurance following the September this applies. And so, I again thank the chairman for Nobody knows what could happen in 11 terrorist attacks. his leadership on this vital issue. TRIA stabilized the markets and pro- this country in terms of terrorism, but Mr. JOHNSON of South Dakota. I everybody knows I am right about this vided a government backstop to these thank Senator REED for his valuable unique markets, allowing commercial issue. contributions to the work of the Bank- All I am saying is: Fess up. Be hon- property development and real estate ing Committee. I also thank him for est, colleagues. Let’s build the flexi- lending to continue for everything working with me on this matter and bility in this so we do not have to ad- from hotels, stadiums, malls, to tourist dress it, and the Treasury Secretary, for his continued efforts to bolster our attractions across the country. Experts no matter whether it is a Democrat or national security. and stakeholders testified at several Mr. REED. I thank the chairman. I Republican administration, can use banking committee hearings that there would like to clarify one point. While common sense to guide about how fast remains a clear and longstanding need this recoupment will come; otherwise, TRIA is silent on whether a nuclear, for the kind of government backstop you have not done anything to improve chemical, biological, or radiological re- TRIA provides. this bill if, in fact, this is not accepted. lated terrorist attack or any kind of We also learned the private insurance I will be leaving here at the end of cyber-related attack are covered, I be- market for terrorism risk exists be- the year. Hopefully, we never see an- lieve our intent with S. 2244 is that cause of TRIA, not in spite of it. other terrorism event in this country. these attacks would continue to fall The long-term 7-year extension this But if we do, it will be a sweet irony within the scope of TRIA’s covered bipartisan bill provides will promote when you all say: Oops, time out. We lines, as they do today, provided that national security, economic growth, are not going to do what we said we statutory prerequisites are met. Does and market certainty. While many were going to do in that bill because the chairman agree with this assess- Members in this Chamber would be fine the country cannot take it. What you ment? with extending TRIA in its current will do is put one tragic event on top of Mr. JOHNSON of South Dakota. Yes. form, this tough compromise has two another. You will not do that. So what The Committee makes this point clear additional changes that will further will happen? You will change this bill. in the Committee Report for S. 2244, protect taxpayers: gradually raising You will get that score. You will call it and I thank the Senator again for his both the insurer copayment from 15 an emergency. You will do it anyway. work on this issue. percent to 20 percent, and the manda- All I am asking is, be honest about Mr. REED. I thank the chairman tory recoupment threshold from $27.5 what is going to ultimately happen on again, and I look forward to swift pas- billion to $37.5 billion. this should we have an event and it fall sage of this legislation here in the Sen- We were careful, however, in reach- within one of these close parameters, ate, and hopefully in the House as well. ing this compromise not to raise the based on what we said in the bill, be- Mr. NELSON. Mr. President, today I trigger, which would drive small insur- cause we are running the bill according commend my colleagues for a strong ers out of the market and reduce the to what CBO says, not as to what com- bipartisan vote in favor of S. 2244, the availability and affordability of cov- mon sense is. Terrorism Risk Insurance Program Re- erage for businesses nationwide. This I look forward to having a vote on authorization Act. bipartisan bill also does not pick what this amendment. I understand my like- After the attacks of September 11, modes of terrorist attacks should get lihood of being successful. But I also 2001, the Terrorism Risk Insurance Act, preferential treatment over other understand the lack of honesty in deal- or TRIA, helped stabilize the commer- forms of attacks. ing with the American people if we do cial property market. This has allowed The entire Senate banking com- not accept this amendment. for continued commercial property de- mittee voted to report the bill to the I yield the floor. velopment and real estate lending for floor by a unanimous and bipartisan 22- TERRORIST ATTACKS office buildings, hotels, malls, and to-0 vote. Stakeholders across the Mr. REED. Mr. President, I join with tourist attractions across the United board strongly support the Senate’s bi- my colleagues to speak about S. 2244, States. In Florida, TRIA has been par- partisan approach to extending TRIA,

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE July 17, 2014 CONGRESSIONAL RECORD — SENATE S4587 including the U.S. Chamber of Com- areas, north, south, east, and west. Mr. CRAPO. Mr. President, as we merce, the American Hotel and Lodg- That is why I have been so involved in near the votes on this bill, I wish to ing Association, the National Associa- trying to get TRIA extended. take one more opportunity to speak in tion of Mutual Insurance Companies, In my home State, Las Vegas is con- favor of the TRIA reauthorization leg- and the Real Estate Roundtable, to sidered one of the leading international islation. name just a few. business and tourism destination cities Again, I thank Senators SCHUMER, Let me commend Senators SCHUMER, in the world. Southern Nevada wel- HELLER, and KIRK and their staffs and CRAPO, KIRK, REED, HELLER, and others comes almost 40 million tourists annu- Senator REED for all their hard work in from both sides of the aisle for their ally and has a population of nearly 2 bringing forward this legislation. leadership on this issue. I thank them million people. We have 35 major hotels I also thank Chairman JOHNSON and as well as their staffs for working with along the Las Vegas strip. Many of his staff for moving forward so quickly Ranking Member CRAPO and me and them could have up to 15,000 occupants and aggressively on this legislation. our staffs to craft this bipartisan com- at any given time. According to the Together, we were able to put together promise to extend TRIA for another 7 Las Vegas Metro Chamber of Com- a bill that allows the program to con- years. We would not be here today merce, in 2013, the total economic im- tinue to function while increasing the without all of their efforts. pact of tourism was $45.2 billion, sup- movement toward ultimate taxpayer TRIA must be renewed soon, given porting 47 percent of the region’s gross protection. the program expires at the end of the product, and 383,000 jobs, nearly half of As I mentioned before, we were able year, and policyholders have increas- the total workforce in southern Ne- to approve this bill out of committee ingly reported challenges in renewing vada. with a 22-to-0 unanimous vote. The contracts for 2015. To that end, I urge My point in citing these statistics is agreement of all the members of the my colleagues to support S. 2244. if a terrorist attack were to occur in banking committee that we should I yield the floor and I suggest the ab- Las Vegas, our entire State economy move this bill forward speaks to the sence of a quorum. would be devastated without TRIA. importance of this critical legislation The PRESIDING OFFICER. The It is not just about Las Vegas. In and to the level of the added taxpayer clerk will call the roll. northern Nevada, our tourism and protections we were able to build into The assistant legislative clerk pro- gaming industry is the largest private it. ceeded to call the roll. employer in Washoe County, which Our bill increases the level of losses Mr. HELLER. Mr. President, I ask also includes Reno. They know that that the private sector will absorb be- unanimous consent that the order for unless they have access to affordable fore reaching the Federal backstop. We the quorum call be rescinded. terrorism coverage, they will have dif- do that by increasing the coinsurance The PRESIDING OFFICER. Without ficulty starting new capital projects level of any company participating in objection, it is so ordered. and creating new jobs. TRIA so that each company will shoul- Mr. HELLER. Mr. President, I rise to You will find similar stories across der a greater percentage of the losses. speak on S. 2244, the Terrorism Risk our Nation in every State. Currently, We also increase by $10 billion the level Insurance Program Reauthorization there is no evidence that the terrorism of mandatory post-event recoupments Act. This is a bill I have worked on risk insurance market is prepared to to $37.5 billion, which means that the closely with my colleagues Senators provide coverage without TRIA. With- taxpayer will ultimately recover all TRIA losses except in the most ex- SCHUMER, KIRK, and REED from Rhode out TRIA, most developments would Island. I also want to thank Chairman halt because businesses would not be treme events. This bill will continue a program JOHNSON and Ranking Member CRAPO, able to access and afford the necessary that reduces our economic vulnerabil- who have been instrumental in getting insurance that is often required to se- ity to terrorism, and I encourage my this bill to this point. Without their cure a loan. colleagues to support it. leadership, we would not be here today. TRIA has helped many hotels, hos- One last time, I thank Senator JOHN- The terrorist attacks on September pitals, office complexes, shopping cen- ters, colleges, and universities have ac- SON and Senator SCHUMER for their 11 caused a sudden and dramatic shock strong support and for our ability to in the domestic market for terrorism cess to terrorism insurance coverage. The bill before us today is truly a bi- work together and break the mold, if insurance. After the attack there was a partisan bill. It received a unanimous you will, by having a bipartisan move- tremendous amount of uncertainty 22-to-0 vote in the banking committee. ment forward on this important and about the frequency and potential size Such a strong vote only reinforces the critical legislation. of future attacks. Insurers quickly bipartisan work that went into With that, I yield the floor. withdrew from the terrorist coverage crafting this legislation. The PRESIDING OFFICER. The Sen- market, and a new threat to our econ- I, along with my colleagues on the ator from New York. omy emerged. Banking, Housing, and Urban Affairs Mr. SCHUMER. Once again I thank In response, Congress passed TRIA, Committee, agreed to several key re- the chair and the ranking member of to provide a Federal insurance back- forms that would increase the insur- the banking committee, TIM JOHNSON stop for terrorism coverage. Since the ance industry’s aggregate retention and MIKE CRAPO, for their great work. passage in 2002, TRIA has helped ensure level and coinsurance levels, which will I say to my colleagues, this is a very the widespread availability of afford- significantly reduce the potential cost good example of much cooperation—bi- able insurance against terrorism. This to taxpayers. partisan cooperation, Democrat and helped spur new development and pro- It is my hope that we can easily pass Republican—a 22-to-0 unanimous vote tected existing real estate throughout this important legislation with a out of the committee. It is also co- our country. strong bipartisan vote and send this operation between private industry and TRIA was reauthorized in 2005 and re- bill to the House as soon as possible. I the government. Industry, insurance, authorized again in 2007. It is currently urge my colleagues to support this bill, and others knew they had to shoulder a set to expire at the end of this year un- and let’s not wait until the end of the greater share of the load as we move on less Congress acts. Unfortunately, the year to extend this critical program. after 9/11 but that only government tragic bombing in Boston last year has With that, I yield the floor, and I could be the backstop at the end of the shown that even years after September suggest the absence of a quorum. day. 11, the threat of terrorism still exists The PRESIDING OFFICER. The Again, this is an economic develop- and we must continue our efforts to clerk will call the roll. ment issue above anything else. It is prevent, respond, and recover from any The assistant legislative clerk pro- not out of whose pocket what money possible attacks in the future. ceeded to call the roll. comes. If the greatest problem America I wish to remind my colleagues that Mr. CRAPO. I ask unanimous consent faces is good-paying jobs—well, if we terrorism is not only an issue for big that the order for the quorum call be were not to renew terrorism insurance, cities in New Jersey, on the east coast, rescinded. we would lose many good-paying jobs. in the Midwest, Chicago, terrorism is a The PRESIDING OFFICER. Without This amendment will allow those real threat in both rural and urban objection, it is so ordered. jobs to continue and grow. People will

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S4588 CONGRESSIONAL RECORD — SENATE July 17, 2014 not build major edifices, major com- It is also important to note that if Brown Johnson (SD) Pryor plexes—whether they be skyscrapers in recoupment by the government poses Cantwell Kaine Reed Cardin King Reid Chicago or New York, whether they be any unforeseen challenge after a future Carper Klobuchar Rockefeller football stadiums in Idaho or South attack, nothing would stop the Treas- Casey Landrieu Sanders Carolina or major shopping centers in ury Secretary from asking the Con- Donnelly Leahy Schumer Durbin Levin South Dakota—unless they know there gress then to provide that flexibility. Stabenow Feinstein Markey Tester Franken McCaskill is a backstop, because insurers will not The bottom line is that TRIA is too Udall (NM) Gillibrand Menendez insure if they think terrorism could important to allow this amendment Walsh Hagan Merkley Warren just totally wipe them out. And that and nonreauthorization of the program Harkin Mikulski means we wouldn’t get financing for because it is not budget neutral. We Heinrich Murphy Whitehouse these projects. don’t want to give anybody an excuse. Heitkamp Murray Wyden It is an outstanding piece of legisla- I am hopeful Senator COBURN will Hirono Nelson tion. My hope, in conclusion, is that support TRIA’s final passage, even if NOT VOTING—3 the House would pass our bill. We know his amendment isn’t agreed to, as he Alexander Coons Schatz there are some concerns in the House, did in committee. But for those of us The PRESIDING OFFICER. On this but there is a bipartisan coalition of whose priority is to reauthorize this vote, the yeas are 48 and the nays are Democrats and Republicans who really program, I urge my colleagues to vote 49. Three-fifths of the Senators duly favor the approach we have taken. I to sustain the budget point of order chosen and sworn not having voted in know there are some in the House who and oppose the amendment. the affirmative, the motion is rejected don’t believe government should be in- Mr. President, I raise a point of order and the amendment falls. volved here, but that is, with all due that the pending amendment violates CHANGE OF VOTE respect, a purist view. section 201 of S. Con. Res. 21, the con- Mr. WARNER. Mr. President, on roll- We have cut back on some of the gov- current resolution on the budget for call vote No. 229, I was present and ernment’s obligations. MIKE CRAPO and the fiscal year 2008. voted aye. The official record has me many of our colleagues from the other The PRESIDING OFFICER. The Sen- listed as absent. Therefore, I ask unan- side of the aisle made that happen. But ator from Iowa. imous consent that the official record at the same time, without the govern- Mr. CRAPO. Mr. President, pursuant be corrected to accurately reflect my ment backstop, we would do real harm to section 904 of the Congressional vote. This will in no way change the to our economy. Budget Act of 1974 and the waiver pro- outcome of the vote. I hope we can get a very large vote in visions of applicable budget resolu- the Senate—bipartisan—because if we The PRESIDING OFFICER. Without tions, I move to waive all applicable objection, it is so ordered. do, it should importune the House to sections of that act and applicable perhaps pass our legislation. (The foregoing tally has been budget resolutions for purposes of the changed to reflect the above order.) I suggest the absence of a quorum. pending amendment, and I ask for the The PRESIDING OFFICER. The yeas and nays. VOTE ON AMENDMENT NO. 3550 clerk will call the roll. The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Under the previous order, there will be 2 min- The bill clerk proceeded to call the KING). Is there a sufficient second? roll. There appears to be a sufficient sec- utes of debate prior to a vote in rela- Mr. SCHUMER. Mr. President, I ask ond. tion to Vitter amendment No. 3550. Mr. SCHUMER. Mr. President, I yield unanimous consent that the order for All debate time is expired. back all time. the quorum call be rescinded. The question is on agreeing to the The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without motion. objection, it is so ordered. objection, it is so ordered. The clerk will call the roll. Mr. SCHUMER. Mr. President, I wish Mr. SCHUMER. I ask for a voice The bill clerk called the roll. to make a couple points on the Coburn vote. amendment, and then I will raise a Mr. DURBIN. I announce that the The PRESIDING OFFICER. The point of order. Senator from Delaware (Mr. COONS) question is on agreeing to the amend- The current bill, S. 2244, is budget and the Senator from Hawaii (Mr. ment. neutral, as the past TRIA bills have SCHATZ) are necessarily absent. The amendment (No. 3550) was agreed been. On the other hand, CBO has said Mr. CORNYN. The following Senator to. is necessarily absent: the Senator from Senator COBURN’s amendment is not The PRESIDING OFFICER. Under fully paid for, violating the Senate’s Tennessee (Mr. ALEXANDER). the previous order, there will be 2 min- PAYGO rule. Further, if present and voting, the utes of debate prior to a vote in rela- Basically, the amendment—even Senator from Tennessee (Mr. ALEX- tion to Flake amendment No. 3551. though I know the sponsor does not in- ANDER) would have voted ‘‘yea.’’ The PRESIDING OFFICER. The Sen- tend it that way—is a killer amend- The PRESIDING OFFICER. Are there ator from New York. ment. CBO has said the amendment any other Senators in the Chamber de- Mr. SCHUMER. This is a good would cause S. 2244 to increase the Fed- siring to vote? amendment and will be supported by eral deficit in both the 5-year and 10- The yeas and nays resulted—yeas 48, Chairman JOHNSON and myself. year budget windows. nays 49, as follows: I yield back all time. Senator COBURN offered this amend- [Rollcall Vote No. 229 Leg.] Mr. MCCAIN. Mr. President, I ask for ment in committee. It was roundly de- YEAS—48 the yeas and nays. feated by a bipartisan vote of 16 to 6 Ayotte Flake Murkowski The PRESIDING OFFICER. Is there a against it. Barrasso Graham Paul sufficient second? I appreciate Senator COBURN’s effort Blunt Grassley Portman There appears to be a sufficient sec- Boozman Hatch Risch to provide more flexibility to the time- Burr Heller Roberts ond. frame for recoupment by the govern- Chambliss Hoeven Rubio The question is on agreeing to the ment in case of a terrorist attack, but Coats Inhofe Scott amendment. Coburn Isakson Sessions in fact the banking committee, led by Cochran Johanns Shaheen The clerk will call the roll. Senator JOHNSON, and my office have Collins Johnson (WI) Shelby The assistant bill clerk called the worked with CBO for a number of Corker Kirk Thune roll. months to determine whether there Cornyn Lee Toomey Mr. DURBIN. I announce that the Crapo Manchin Udall (CO) could be more flexibility in the Cruz McCain Vitter Senator from Delaware (Mr. COONS) recoupment process. Unfortunately, Enzi McConnell Warner and the Senator from Hawaii (Mr. CBO has yet to identify a way to pro- Fischer Moran Wicker SCHATZ) are necessarily absent. vide more flexibility in the recoupment NAYS—49 Mr. CORNYN. The following Senator period while still ensuring the program Baldwin Bennet Booker is necessarily absent: the Senator from remains budget neutral as it is now. Begich Blumenthal Boxer Tennessee (Mr. ALEXANDER).

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE July 17, 2014 CONGRESSIONAL RECORD — SENATE S4589 Further, if present and voting, the Further, if present and voting, the $2,000,000,000 per calendar year until equal to Senator from Tennessee (Mr. ALEX- Senator from Tennessee (Mr. ALEX- $37,500,000,000.’’; ANDER) would have voted ‘‘yea.’’ ANDER) would have voted ‘‘yea.’’ (2) in paragraph (7)— The PRESIDING OFFICER. Are there The result was announced—yeas 93, (A) in subparagraph (A)— any other Senators in the Chamber de- (i) in the matter preceding clause (i), by nays 4, as follows: striking ‘‘for each of the periods referred to siring to vote? [Rollcall Vote No. 231 Leg.] in subparagraphs (A) through (E) of para- The result was announced—yeas 97, YEAS—93 graph (6)’’; and nays 0, as follows: Ayotte Gillibrand Mikulski (ii) in clause (i), by striking ‘‘for such pe- [Rollcall Vote No. 230 Leg.] Baldwin Graham Moran riod’’; YEAS—97 Barrasso Grassley Murkowski (B) by striking subparagraph (B) and in- Ayotte Graham Murphy Begich Hagan Murphy serting the following: Bennet Harkin Murray Baldwin Grassley Murray ‘‘(B) [Reserved.]’’; Blumenthal Hatch Nelson Barrasso Hagan Nelson (C) in subparagraph (C)— Blunt Heinrich Paul Begich Harkin Paul (i) by striking ‘‘occurring during any of the Bennet Hatch Booker Heitkamp Portman Portman Boozman Heller Pryor periods referred to in any of subparagraphs Blumenthal Heinrich Pryor (A) through (E) of paragraph (6), terrorism Blunt Heitkamp Boxer Hirono Reed Reed Brown Hoeven Reid loss risk-spreading premiums in an amount Booker Heller Reid Boozman Hirono Burr Inhofe Risch equal to 133 percent’’ and inserting ‘‘, ter- Risch Boxer Hoeven Cantwell Isakson Rockefeller rorism loss risk-spreading premiums in an Roberts Brown Inhofe Cardin Johanns Sanders amount equal to 135.5 percent’’; and Rockefeller Carper Johnson (SD) Schumer Burr Isakson (ii) by inserting ‘‘as calculated under sub- Cantwell Johanns Rubio Casey Johnson (WI) Scott Sanders Chambliss Kaine Shaheen paragraph (A)’’ after ‘‘mandatory Cardin Johnson (SD) recoupment amount’’; and Carper Johnson (WI) Schumer Coats King Shelby Casey Kaine Scott Cochran Kirk Stabenow (D) in subparagraph (E)(i)— Chambliss King Sessions Collins Klobuchar Tester (i) in subclause (I)— Coats Kirk Shaheen Corker Landrieu Thune (I) by striking ‘‘2010’’ and inserting ‘‘2017’’; Coburn Klobuchar Shelby Cornyn Leahy Toomey and Cochran Landrieu Stabenow Crapo Lee Udall (CO) Cruz Levin Udall (NM) (II) by striking ‘‘2012’’ and inserting ‘‘2019’’; Collins Leahy Tester Donnelly Manchin Vitter (ii) in subclause (II)— Corker Lee Thune Durbin Markey Walsh (I) by striking ‘‘2011’’ and inserting ‘‘2018’’; Cornyn Levin Toomey Crapo Manchin Enzi McCain Warner (II) by striking ‘‘2012’’ and inserting ‘‘2019’’; Udall (CO) Feinstein McCaskill Warren and Cruz Markey Udall (NM) Fischer McConnell Whitehouse (III) by striking ‘‘2017’’ and inserting Donnelly McCain Vitter Durbin Flake Menendez Wicker McCaskill Walsh ‘‘2024’’; and Enzi McConnell Franken Merkley Wyden Warner (iii) in subclause (III)— Feinstein Menendez Warren NAYS—4 (I) by striking ‘‘2012’’ and inserting ‘‘2019’’; Fischer Merkley and Flake Mikulski Whitehouse Coburn Rubio Franken Moran Wicker Roberts Sessions (II) by striking ‘‘2017’’ and inserting ‘‘2024’’. Wyden Gillibrand Murkowski NOT VOTING—3 SEC. 5. TECHNICAL AMENDMENTS. NOT VOTING—3 The Terrorism Risk Insurance Act of 2002 Alexander Coons Schatz (15 U.S.C. 6701 note) is amended— Alexander Coons Schatz The bill (S. 2244), as amended, was (1) in section 102— The amendment (No. 3551) was agreed passed, as follows: (A) in paragraph (3)— to. S. 2244 (i) by redesignating subparagraphs (A), (B), VOTE ON AMENDMENT NO. 3552 and (C) as clauses (i), (ii), and (iii), respec- Be it enacted by the Senate and House of Rep- tively; The PRESIDING OFFICER. Under resentatives of the United States of America in the previous order, there will be 2 min- (ii) in the matter preceding clause (i) (as so Congress assembled, redesignated), by striking ‘‘An entity has’’ utes of debate prior to a vote in rela- SECTION 1. SHORT TITLE. and inserting the following: tion to the Tester amendment No. 3552. This Act may be cited as the ‘‘Terrorism ‘‘(A) IN GENERAL.—An entity has’’; and The Senator from New York. Risk Insurance Program Reauthorization (iii) by adding at the end the following new Mr. SCHUMER. I yield back all time. Act of 2014’’. subparagraph: The PRESIDING OFFICER. All time SEC. 2. EXTENSION OF TERRORISM INSURANCE ‘‘(B) RULE OF CONSTRUCTION.—An entity, is yielded back. PROGRAM. including any affiliate thereof, does not have The question is on agreeing to Tester Section 108(a) of the Terrorism Risk Insur- ‘control’ over another entity, if, as of the amendment No. 3552. ance Act of 2002 (15 U.S.C. 6701 note) is date of enactment of the Terrorism Risk In- The amendment was agreed to. amended by striking ‘‘December 31, 2014’’ and surance Program Reauthorization Act of The bill was ordered to be engrossed inserting ‘‘December 31, 2021’’. 2014, the entity is acting as an attorney-in- for a third reading and was read the SEC. 3. FEDERAL SHARE. fact, as defined by the Secretary, for the third time. Section 103(e)(1)(A) of the Terrorism Risk other entity and such other entity is a recip- The PRESIDING OFFICER. Under Insurance Act of 2002 (15 U.S.C. 6701 note) is rocal insurer, provided that the entity is not, the previous order, there will be 2 min- amended by inserting ‘‘and beginning on for reasons other than the attorney-in-fact utes of debate equally divided prior to January 1, 2016, shall decrease by 1 percent- relationship, defined as having ‘control’ age point per calendar year until equal to 80 under subparagraph (A).’’; a vote on the passage of the bill. percent’’ after ‘‘85 percent’’. (B) in paragraph (7)— Mr. SCHUMER. Mr. President, I yield SEC. 4. RECOUPMENT OF FEDERAL SHARE OF (i) by striking subparagraphs (A) through back all time and ask for the yeas and COMPENSATION UNDER THE PRO- (F) and inserting the following: nays. GRAM. ‘‘(A) the value of an insurer’s direct earned The PRESIDING OFFICER. Is there a Section 103(e) of the Terrorism Risk Insur- premiums during the immediately preceding sufficient second? ance Act of 2002 (15 U.S.C. 6701 note) is calendar year, multiplied by 20 percent; Thre is a sufficient second. amended— and’’; The bill having been read the third (1) in paragraph (6), in the matter pre- (ii) by redesignating subparagraph (G) as time, the question is, Shall it pass? ceding subparagraph (A), by striking ‘‘shall subparagraph (B); and The clerk will call the roll. be’’ and all that follows through subpara- (iii) in subparagraph (B), as so redesignated The legislative clerk called the roll. graph (E) and inserting ‘‘shall be the lesser by clause (ii)— The PRESIDING OFFICER (Ms. of— (I) by striking ‘‘notwithstanding subpara- HIRONO). Are there any other Senators ‘‘(A) $27,500,000,000, as such amount is ad- graphs (A) through (F), for the Transition in the Chamber desiring to vote? justed pursuant to this paragraph; and Period or any Program Year’’ and inserting Mr. DURBIN. I announce that the ‘‘(B) the aggregate amount, for all insur- ‘‘notwithstanding subparagraph (A), for any ers, of insured losses during such calendar calendar year’’; and Senator from Delaware (Mr. COONS) year, (II) by striking ‘‘Period or Program Year’’ and the Senator from Hawaii (Mr. provided that beginning in the calendar year and inserting ‘‘calendar year’’; SCHATZ) are necessarily absent. that follows the date of enactment of the (C) by striking paragraph (11); and Mr. CORNYN. The following Senator Terrorism Risk Insurance Program Reau- (D) by redesignating paragraphs (12) is necessarily absent: the Senator from thorization Act of 2014, the amount set forth through (16) as paragraphs (11) through (15), Tennessee (Mr. ALEXANDER). under subparagraph (A) shall increase by respectively; and

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S4590 CONGRESSIONAL RECORD — SENATE July 17, 2014 (2) in section 103— (5) the ability of the Secretary to provide serting after the second sentence the fol- (A) in subsection (c), by striking ‘‘Program guidance and updates to the public regarding lowing: ‘‘In selecting members of the Board, Year’’ and inserting ‘‘calendar year’’; any act that may reasonably be certified as the President shall appoint at least 1 mem- (B) in subsection (e)— an act of terrorism. ber with demonstrated primary experience (i) in paragraph (1)— (d) REPORT.—Upon completion of the study working in or supervising community banks (I) in subparagraph (A), as previously required under subsection (a), the Secretary having less than $10,000,000,000 in total as- amended by section 3— shall submit a report on the results of such sets.’’. (aa) by striking ‘‘the Transition Period and study to the Committee on Banking, Hous- (b) EFFECTIVE DATE.—The amendment each Program Year through Program Year 4 ing, and Urban Affairs of the Senate and the made by this section shall take effect on the shall be equal to 90 percent, and during Pro- Committee on Financial Services of the date of enactment of this Act and apply to gram Year 5 and each Program Year there- House of Representatives. appointments made on and after that effec- after’’ and inserting ‘‘each calendar year’’; (e) RULEMAKING.—Section 102(1) of the Ter- tive date, excluding any nomination pending (bb) by striking the comma after ‘‘80 per- rorism Risk Insurance Act of 2002 (15 U.S.C. in the Senate on that date. cent’’; and 6701 note) is amended— SEC. 9. ADVISORY COMMITTEE ON RISK-SHARING (cc) by striking ‘‘such Transition Period or (1) by redesignating subparagraph (D) as MECHANISMS. such Program Year’’ and inserting ‘‘such cal- subparagraph (E); and (a) FINDING; RULE OF CONSTRUCTION.— endar year’’; and (2) by inserting after subparagraph (C) the (1) FINDING.—Congress finds that it is de- (II) in subparagraph (B), by striking ‘‘ex- following: sirable to encourage the growth of non- ceed’’ and all that follows through clause (ii) ‘‘(D) TIMING OF CERTIFICATION.—Not later governmental, private market reinsurance and inserting ‘‘exceed $100,000,000 with re- than 9 months after the report required capacity for protection against losses arising spect to such insured losses occurring in the under section 6 of the Terrorism Risk Insur- from acts of terrorism. calendar year.’’; ance Program Reauthorization Act of 2014 is (2) RULE OF CONSTRUCTION.—Nothing in this (ii) in paragraph (2)(A), by striking ‘‘the submitted to the appropriate committees of Act, any amendment made by this Act, or period beginning on the first day of the Congress, the Secretary shall issue final the Terrorism Risk Insurance Act of 2002 (15 Transition Period and ending on the last day rules governing the certification process, in- U.S.C. 6701 note) shall prohibit insurers from of Program Year 1, or during any Program cluding any timeline applicable to any cer- developing risk-sharing mechanisms to vol- Year thereafter’’ and inserting ‘‘a calendar tification by the Secretary on whether an untarily reinsure terrorism losses between year’’; and act is an act of terrorism under this para- and among themselves. (iii) in paragraph (3), by striking ‘‘the pe- graph.’’. (b) ADVISORY COMMITTEE ON RISK-SHARING riod beginning on the first day of the Transi- SEC. 7. GAO STUDY ON UPFRONT PREMIUMS. MECHANISMS.— STABLISHMENT tion Period and ending on the last day of (a) STUDY.—Not later than 2 years after the (1) E .—The Secretary of the Program Year 1, or during any other Pro- date of enactment of this Act, the Comp- Treasury shall establish and appoint an advi- gram Year’’ and inserting ‘‘any calendar troller General of the United States shall sory committee to be known as the ‘‘Advi- year’’; and complete a study on the viability and effects sory Committee on Risk-Sharing Mecha- (C) in subsection (g)(2)— of the Federal Government assessing and col- nisms’’ (referred to in this subsection as the (i) by striking ‘‘the Transition Period or a lecting upfront premiums on insurers that ‘‘Advisory Committee’’). Program Year’’ each place that term appears participate in the Terrorism Insurance Pro- (2) DUTIES.—The Advisory Committee shall and inserting ‘‘the calendar year’’; gram established under the Terrorism Risk provide advice, recommendations, and en- (ii) by striking ‘‘such period’’ and inserting Insurance Act of 2002 (15 U.S.C. 6701 note) couragement with respect to the creation ‘‘the calendar year’’; and (hereafter in this section referred to as the and development of the nongovernmental (iii) by striking ‘‘that period’’ and insert- ‘‘Program’’). risk-sharing mechanisms described under ing ‘‘the calendar year’’. (b) REQUIRED CONTENT.—The study re- subsection (a). SEC. 6. IMPROVING THE CERTIFICATION PROC- quired under subsection (a) shall examine, (3) MEMBERSHIP.—The Advisory Committee ESS. but shall not be limited to, the following shall be composed of 9 members who are di- rectors, officers, or other employees of insur- (a) DEFINITIONS.—As used in this section— issues: (1) the term ‘‘act of terrorism’’ has the (1) How the Federal Government could de- ers, reinsurers, or capital market partici- same meaning as in section 102(1) of the Ter- termine the price of such upfront premiums pants that are participating or that desire to rorism Risk Insurance Act of 2002 (15 U.S.C. on insurers that participate in the Program. participate in the nongovernmental risk- 6701 note); (2) How the Federal Government could col- sharing mechanisms described under sub- (2) the term ‘‘certification process’’ means lect and manage such upfront premiums. section (a), and who are representative of the the process by which the Secretary deter- (3) How the Federal Government could en- affected sectors of the insurance industry, mines whether to certify an act as an act of sure that such upfront premiums are not including commercial property insurance, terrorism under section 102(1) of the Ter- spent for purposes other than claims through commercial casualty insurance, reinsurance, rorism Risk Insurance Act of 2002 (15 U.S.C. the Program. and alternative risk transfer industries. (c) EFFECTIVE DATE.—The provisions of 6701 note); and (4) How the assessment and collection of this section shall take effect on January 1, (3) the term ‘‘Secretary’’ means the Sec- such upfront premiums could affect take-up 2015. retary of the Treasury. rates for terrorism risk coverage in different (b) STUDY.—Not later than 9 months after regions and industries and how it could im- TITLE II—NATIONAL ASSOCIATION OF the date of enactment of this Act, the Sec- pact small businesses and consumers in both REGISTERED AGENTS AND BROKERS retary shall conduct and complete a study on metropolitan and non-metropolitan areas. SEC. 201. SHORT TITLE. the certification process. (5) The effect of collecting such upfront This title may be cited as the ‘‘National (c) REQUIRED CONTENT.—The study required premiums on insurers both large and small. Association of Registered Agents and Bro- under subsection (a) shall include an exam- (6) The effect of collecting such upfront kers Reform Act of 2014’’. ination and analysis of— premiums on the private market for ter- SEC. 202. REESTABLISHMENT OF THE NATIONAL (1) the establishment of a reasonable rorism risk reinsurance. ASSOCIATION OF REGISTERED timeline by which the Secretary must make (7) The size of any Federal Government AGENTS AND BROKERS. an accurate determination on whether to subsidy insurers may receive through their (a) IN GENERAL.—Subtitle C of title III of certify an act as an act of terrorism; participation in the Program, taking into ac- the Gramm-Leach-Bliley Act (15 U.S.C. 6751 (2) the impact that the length of any count the Program’s current post-event et seq.) is amended to read as follows: timeline proposed to be established under recoupment structure. ‘‘Subtitle C—National Association of paragraph (1) may have on the insurance in- (c) REPORT.—Upon completion of the study Registered Agents and Brokers dustry, policyholders, consumers, and tax- required under subsection (a), the Comp- ‘‘SEC. 321. NATIONAL ASSOCIATION OF REG- payers as a whole; troller General shall submit a report on the ISTERED AGENTS AND BROKERS. (3) the factors the Secretary would evalu- results of such study to the Committee on ‘‘(a) ESTABLISHMENT.—There is established ate and monitor during the certification Banking, Housing, and Urban Affairs of the the National Association of Registered process, including the ability of the Sec- Senate and the Committee on Financial Agents and Brokers (referred to in this sub- retary to obtain the required information re- Services of the House of Representatives. title as the ‘Association’). garding the amount of projected and in- (d) PUBLIC AVAILABILITY.—The study and ‘‘(b) STATUS.—The Association shall— curred losses resulting from an act which the report required under this section shall be ‘‘(1) be a nonprofit corporation; Secretary would need in determining wheth- made available to the public in electronic ‘‘(2) not be an agent or instrumentality of er to certify the act as an act of terrorism; form and shall be published on the website of the Federal Government; (4) the appropriateness, efficiency, and ef- the Government Accountability Office. ‘‘(3) be an independent organization that fectiveness of the consultation process re- SEC. 8. MEMBERSHIP OF BOARD OF GOVERNORS may not be merged with or into any other quired under section 102(1)(A) of the Ter- OF THE FEDERAL RESERVE SYSTEM. private or public entity; and rorism Risk Insurance Act of 2002 (15 U.S.C. (a) IN GENERAL.—The first undesignated ‘‘(4) except as otherwise provided in this 6701 note) and any recommendations on paragraph of section 10 of the Federal Re- subtitle, be subject to, and have all the pow- changes to the consultation process; and serve Act (12 U.S.C. 241) is amended by in- ers conferred upon, a nonprofit corporation

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE July 17, 2014 CONGRESSIONAL RECORD — SENATE S4591 by the District of Columbia Nonprofit Cor- title as the ‘Board’) shall prescribe proce- ‘‘(ii) procedures providing a reasonable op- poration Act (D.C. Code, sec. 29–301.01 et seq.) dures for obtaining and utilizing fingerprints portunity for an insurance producer to con- or any successor thereto. or other identification information and test the accuracy of information regarding ‘‘SEC. 322. PURPOSE. criminal history record information, includ- the insurance producer provided under sub- ‘‘The purpose of the Association shall be to ing the establishment of reasonable fees to paragraph (E). provide a mechanism through which licens- defray the expenses of the Association in ‘‘(L) INELIGIBILITY FOR MEMBERSHIP.— ing, continuing education, and other non- connection with the performance of a crimi- ‘‘(i) IN GENERAL.—The Association may, resident insurance producer qualification re- nal history record check and appropriate under reasonably consistently applied stand- quirements and conditions may be adopted safeguards for maintaining confidentiality ards, deny membership to an insurance pro- and applied on a multi-state basis without and security of the information. Any fees ducer on the basis of criminal history record affecting the laws, rules, and regulations, charged pursuant to this clause shall be sep- information provided under subparagraph and preserving the rights of a State, per- arate and distinct from those charged by the (E), or where the insurance producer has taining to— Attorney General pursuant to subparagraph been subject to disciplinary action, as de- ‘‘(1) licensing, continuing education, and (I). scribed in paragraph (2). other qualification requirements of insur- ‘‘(D) FORM OF REQUEST.—A submission ‘‘(ii) RIGHTS OF APPLICANTS DENIED MEM- ance producers that are not members of the under subparagraph (C)(i) shall include such BERSHIP.—The Association shall notify any Association; fingerprints or other identification informa- insurance producer who is denied member- ‘‘(2) resident or nonresident insurance pro- tion as is required by the Attorney General ship on the basis of criminal history record ducer appointment requirements; concerning the person about whom the information provided under subparagraph (E) ‘‘(3) supervising and disciplining resident criminal history record check is requested, of the right of the insurance producer to— and nonresident insurance producers; and a statement signed by the person au- ‘‘(I) obtain a copy of all criminal history ‘‘(4) establishing licensing fees for resident thorizing the Attorney General to provide record information provided to the Associa- and nonresident insurance producers so that the information to the Association and for tion under subparagraph (E) with respect to there is no loss of insurance producer licens- the Association to receive the information. the insurance producer; and ing revenue to the State; and ‘‘(E) PROVISION OF INFORMATION BY ATTOR- ‘‘(II) challenge the denial of membership NEY GENERAL.—Upon receiving a submission based on the accuracy and completeness of ‘‘(5) prescribing and enforcing laws and under subparagraph (C)(i) from the Associa- the information. regulations regulating the conduct of resi- tion, the Attorney General shall search all ‘‘(M) DEFINITION.—For purposes of this dent and nonresident insurance producers. criminal history records of the Federal Bu- paragraph, the term ‘criminal history record ‘‘SEC. 323. MEMBERSHIP. reau of Investigation, including records of check’ means a national background check ‘‘(a) ELIGIBILITY.— the Criminal Justice Information Services of criminal history records of the Federal ‘‘(1) IN GENERAL.—Any insurance producer Division of the Federal Bureau of Investiga- Bureau of Investigation. licensed in its home State shall, subject to tion, that the Attorney General determines ‘‘(b) AUTHORITY TO ESTABLISH MEMBERSHIP paragraphs (2) and (4), be eligible to become appropriate for criminal history records cor- CRITERIA.—The Association may establish a member of the Association. responding to the fingerprints or other iden- membership criteria that bear a reasonable ‘‘(2) INELIGIBILITY FOR SUSPENSION OR REV- tification information provided under sub- relationship to the purposes for which the OCATION OF LICENSE.—Subject to paragraph paragraph (D) and provide all criminal his- Association was established. (3), an insurance producer is not eligible to tory record information included in the re- ‘‘(c) ESTABLISHMENT OF CLASSES AND CAT- become a member of the Association if a quest to the Association. EGORIES OF MEMBERSHIP.— State insurance regulator has suspended or ‘‘(F) LIMITATION ON PERMISSIBLE USES OF IN- ‘‘(1) CLASSES OF MEMBERSHIP.—The Asso- revoked the insurance license of the insur- FORMATION.—Any information provided to ciation may establish separate classes of ance producer in that State. the Association under subparagraph (E) may membership, with separate criteria, if the ‘‘(3) RESUMPTION OF ELIGIBILITY.—Para- only— Association reasonably determines that per- graph (2) shall cease to apply to any insur- ‘‘(i) be used for purposes of determining formance of different duties requires dif- ance producer if— compliance with membership criteria estab- ferent levels of education, training, experi- ‘‘(A) the State insurance regulator reissues lished by the Association; ence, or other qualifications. or renews the license of the insurance pro- ‘‘(ii) be disclosed to State insurance regu- ‘‘(2) BUSINESS ENTITIES.—The Association ducer in the State in which the license was lators, or Federal or State law enforcement shall establish a class of membership and suspended or revoked, or otherwise termi- agencies, in conformance with applicable membership criteria for business entities. A nates or vacates the suspension or revoca- law; or business entity that applies for membership tion; or ‘‘(iii) be disclosed, upon request, to the in- shall be required to designate an individual ‘‘(B) the suspension or revocation expires surance producer to whom the criminal his- Association member responsible for the com- or is subsequently overturned by a court of tory record information relates. pliance of the business entity with Associa- competent jurisdiction. ‘‘(G) PENALTY FOR IMPROPER USE OR DISCLO- tion standards and the insurance laws, rules, ‘‘(4) CRIMINAL HISTORY RECORD CHECK RE- SURE.—Whoever knowingly uses any infor- and regulations of any State in which the QUIRED.— mation provided under subparagraph (E) for business entity seeks to do business on the ‘‘(A) IN GENERAL.—An insurance producer a purpose not authorized in subparagraph basis of Association membership. who is an individual shall not be eligible to (F), or discloses any such information to ‘‘(3) CATEGORIES.— become a member of the Association unless anyone not authorized to receive it, shall be ‘‘(A) SEPARATE CATEGORIES FOR INSURANCE the insurance producer has undergone a fined not more than $50,000 per violation as PRODUCERS PERMITTED.—The Association criminal history record check that complies determined by a court of competent jurisdic- may establish separate categories of mem- with regulations prescribed by the Attorney tion. bership for insurance producers and for other General of the United States under subpara- ‘‘(H) RELIANCE ON INFORMATION.—Neither persons or entities within each class, based graph (K). the Association nor any of its Board mem- on the types of licensing categories that ‘‘(B) CRIMINAL HISTORY RECORD CHECK RE- bers, officers, or employees shall be liable in exist under State laws. QUESTED BY HOME STATE.—An insurance pro- any action for using information provided ‘‘(B) SEPARATE TREATMENT FOR DEPOSITORY ducer who is licensed in a State and who has under subparagraph (E) as permitted under INSTITUTIONS PROHIBITED.—No special cat- undergone a criminal history record check subparagraph (F) in good faith and in reason- egories of membership, and no distinct mem- during the 2-year period preceding the date able reliance on its accuracy. bership criteria, shall be established for of submission of an application to become a ‘‘(I) FEES.—The Attorney General may members that are depository institutions or member of the Association, in compliance charge a reasonable fee for conducting the for employees, agents, or affiliates of deposi- with a requirement to undergo such criminal search and providing the information under tory institutions. history record check as a condition for such subparagraph (E), and any such fee shall be ‘‘(d) MEMBERSHIP CRITERIA.— licensure in the State, shall be deemed to collected and remitted by the Association to ‘‘(1) IN GENERAL.—The Association may es- have undergone a criminal history record the Attorney General. tablish criteria for membership which shall check for purposes of subparagraph (A). ‘‘(J) RULE OF CONSTRUCTION.—Nothing in include standards for personal qualifications, ‘‘(C) CRIMINAL HISTORY RECORD CHECK RE- this paragraph shall be construed as— education, training, and experience. The As- QUESTED BY ASSOCIATION.— ‘‘(i) requiring a State insurance regulator sociation shall not establish criteria that un- ‘‘(i) IN GENERAL.—The Association shall, to perform criminal history record checks fairly limit the ability of a small insurance upon request by an insurance producer li- under this section; or producer to become a member of the Asso- censed in a State, submit fingerprints or ‘‘(ii) limiting any other authority that al- ciation, including imposing discriminatory other identification information obtained lows access to criminal history records. membership fees. from the insurance producer, and a request ‘‘(K) REGULATIONS.—The Attorney General ‘‘(2) QUALIFICATIONS.—In establishing cri- for a criminal history record check of the in- shall prescribe regulations to carry out this teria under paragraph (1), the Association surance producer, to the Federal Bureau of paragraph, which shall include— shall not adopt any qualification less protec- Investigation. ‘‘(i) appropriate protections for ensuring tive to the public than that contained in the ‘‘(ii) PROCEDURES.—The board of directors the confidentiality of information provided National Association of Insurance Commis- of the Association (referred to in this sub- under subparagraph (E); and sioners (referred to in this subtitle as the

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‘NAIC’) Producer Licensing Model Act in ef- ‘‘(B) ONGOING DISCLOSURES REQUIRED.—On the final disposition from a court of com- fect as of the date of enactment of the Na- an ongoing basis, the Association shall dis- petent jurisdiction. tional Association of Registered Agents and close to the States (including State insur- ‘‘(2) VIOLATIONS OF ASSOCIATION STAND- Brokers Reform Act of 2014, and shall con- ance regulators) and the NAIC a list of the ARDS.—The Association shall have the power sider the highest levels of insurance producer States in which each member is authorized to investigate alleged violations of Associa- qualifications established under the licens- to operate. The Association shall imme- tion standards. ing laws of the States. diately notify the States (including State in- ‘‘(3) REPORTING.—The Association shall im- ‘‘(3) ASSISTANCE FROM STATES.— surance regulators) and the NAIC when a mediately notify the States (including State ‘‘(A) IN GENERAL.—The Association may re- member is newly authorized to operate in insurance regulators) and the NAIC when the quest a State to provide assistance in inves- one or more States, or is no longer author- membership of an insurance producer has tigating and evaluating the eligibility of a ized to operate in one or more States on the been placed on probation or has been sus- prospective member for membership in the basis of Association membership. pended, revoked, or otherwise terminated, or Association. ‘‘(5) PRESERVATION OF CONSUMER PROTEC- when the Association has assessed monetary ‘‘(B) AUTHORIZATION OF INFORMATION SHAR- TION AND MARKET CONDUCT REGULATION.— fines or penalties. ING.—A submission under subsection ‘‘(A) IN GENERAL.—No provision of this sec- ‘‘(i) CONSUMER COMPLAINTS.— (a)(4)(C)(i) made by an insurance producer li- tion shall be construed as altering or affect- ‘‘(1) IN GENERAL.—The Association shall— censed in a State shall include a statement ing the applicability or continuing effective- ‘‘(A) refer any complaint against a member signed by the person about whom the assist- ness of any law, regulation, provision, or of the Association from a consumer relating ance is requested authorizing— other action of any State, including those to alleged misconduct or violations of State ‘‘(i) the State to share information with described in subparagraph (B), to the extent insurance laws to the State insurance regu- the Association; and that the State law, regulation, provision, or lator where the consumer resides and, when ‘‘(ii) the Association to receive the infor- other action is not inconsistent with the pro- appropriate, to any additional State insur- mation. visions of this subtitle related to market ance regulator, as determined by standards ‘‘(C) RULE OF CONSTRUCTION.—Subpara- entry for nonresident insurance producers, adopted by the Association; and graph (A) shall not be construed as requiring and then only to the extent of the inconsist- ‘‘(B) make any related records and infor- or authorizing any State to adopt new or ad- ency. mation available to each State insurance ditional requirements concerning the licens- ‘‘(B) PRESERVED REGULATIONS.—The laws, regulator to whom the complaint is for- ing or evaluation of insurance producers. regulations, provisions, or other actions of warded. ‘‘(4) DENIAL OF MEMBERSHIP.—The Associa- any State referred to in subparagraph (A) in- ‘‘(2) TELEPHONE AND OTHER ACCESS.—The tion may, based on reasonably consistently clude laws, regulations, provisions, or other Association shall maintain a toll-free num- applied standards, deny membership to any actions that— ber for purposes of this subsection and, as State-licensed insurance producer for failure ‘‘(i) regulate market conduct, insurance practicable, other alternative means of com- to meet the membership criteria established producer conduct, or unfair trade practices; munication with consumers, such as an by the Association. ‘‘(ii) establish consumer protections; or Internet webpage. ‘‘(e) EFFECT OF MEMBERSHIP.— ‘‘(iii) require insurance producers to be ap- ‘‘(3) FINAL DISPOSITION OF INVESTIGATION.— ‘‘(1) AUTHORITY OF ASSOCIATION MEMBERS.— pointed by a licensed or authorized insurer. Membership in the Association shall— State insurance regulators shall provide the ‘‘(A) authorize an insurance producer to ‘‘(f) BIENNIAL RENEWAL.—Membership in Association with information regarding the sell, solicit, or negotiate insurance in any the Association shall be renewed on a bien- final disposition of a complaint referred pur- State for which the member pays the licens- nial basis. suant to paragraph (1)(A), but nothing shall ing fee set by the State for any line or lines ‘‘(g) CONTINUING EDUCATION.— be construed to compel a State to release of insurance specified in the home State li- ‘‘(1) IN GENERAL.—The Association shall es- confidential investigation reports or other cense of the insurance producer, and exercise tablish, as a condition of membership, con- information protected by State law to the all such incidental powers as shall be nec- tinuing education requirements which shall Association. essary to carry out such activities, including be comparable to the continuing education ‘‘(j) INFORMATION SHARING.—The Associa- claims adjustments and settlement to the requirements under the licensing laws of a tion may— extent permissible under the laws of the majority of the States. ‘‘(1) share documents, materials, or other State, risk management, employee benefits ‘‘(2) STATE CONTINUING EDUCATION REQUIRE- information, including confidential and priv- advice, retirement planning, and any other MENTS.—A member may not be required to ileged documents, with a State, Federal, or insurance-related consulting activities; satisfy continuing education requirements international governmental entity or with ‘‘(B) be the equivalent of a nonresident in- imposed under the laws, regulations, provi- the NAIC or other appropriate entity ref- surance producer license for purposes of au- sions, or actions of any State other than the erenced in paragraphs (3) and (4), provided thorizing the insurance producer to engage home State of the member. that the recipient has the authority and in the activities described in subparagraph ‘‘(3) RECIPROCITY.—The Association shall agrees to maintain the confidentiality or (A) in any State where the member pays the not require a member to satisfy continuing privileged status of the document, material, licensing fee; and education requirements that are equivalent or other information; ‘‘(C) be the equivalent of a nonresident in- to any continuing education requirements of ‘‘(2) limit the sharing of information as re- surance producer license for the purpose of the home State of the member that have quired under this subtitle with the NAIC or subjecting an insurance producer to all laws, been satisfied by the member during the ap- any other non-governmental entity, in cir- regulations, provisions or other action of plicable licensing period. cumstances under which the Association de- any State concerning revocation, suspension, ‘‘(4) LIMITATION ON THE ASSOCIATION.—The termines that the sharing of such informa- or other enforcement action related to the Association shall not directly or indirectly tion is unnecessary to further the purposes ability of a member to engage in any activ- offer any continuing education courses for of this subtitle; ity within the scope of authority granted insurance producers. ‘‘(3) establish a central clearinghouse, or under this subsection and to all State laws, ‘‘(h) PROBATION, SUSPENSION AND REVOCA- utilize the NAIC or another appropriate enti- regulations, provisions, and actions pre- TION.— ty, as determined by the Association, as a served under paragraph (5). ‘‘(1) DISCIPLINARY ACTION.—The Association central clearinghouse, for use by the Asso- ‘‘(2) VIOLENT CRIME CONTROL AND LAW EN- may place an insurance producer that is a ciation and the States (including State in- FORCEMENT ACT OF 1994.—Nothing in this sub- member of the Association on probation or surance regulators), through which members title shall be construed to alter, modify, or suspend or revoke the membership of the in- of the Association may disclose their intent supercede any requirement established by surance producer in the Association, or as- to operate in 1 or more States and pay the li- section 1033 of title 18, United States Code. sess monetary fines or penalties, as the Asso- censing fees to the appropriate States; and ‘‘(3) AGENT FOR REMITTING FEES.—The Asso- ciation determines to be appropriate, if— ‘‘(4) establish a database, or utilize the ciation shall act as an agent for any member ‘‘(A) the insurance producer fails to meet NAIC or another appropriate entity, as de- for purposes of remitting licensing fees to the applicable membership criteria or other termined by the Association, as a database, any State pursuant to paragraph (1). standards established by the Association; for use by the Association and the States (in- ‘‘(4) NOTIFICATION OF ACTION.— ‘‘(B) the insurance producer has been sub- cluding State insurance regulators) for the ‘‘(A) IN GENERAL.—The Association shall ject to disciplinary action pursuant to a collection of regulatory information con- notify the States (including State insurance final adjudicatory proceeding under the ju- cerning the activities of insurance producers. regulators) and the NAIC when an insurance risdiction of a State insurance regulator; ‘‘(k) EFFECTIVE DATE.—The provisions of producer has satisfied the membership cri- ‘‘(C) an insurance license held by the insur- this section shall take effect on the later teria of this section. The States (including ance producer has been suspended or revoked of— State insurance regulators) shall have 10 by a State insurance regulator; or ‘‘(1) the expiration of the 2-year period be- business days after the date of the notifica- ‘‘(D) the insurance producer has been con- ginning on the date of enactment of the Na- tion in order to provide the Association with victed of a crime that would have resulted in tional Association of Registered Agents and evidence that the insurance producer does the denial of membership pursuant to sub- Brokers Reform Act of 2014; and not satisfy the criteria for membership in section (a)(4)(L)(i) at the time of application, ‘‘(2) the date of incorporation of the Asso- the Association. and the Association has received a copy of ciation.

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE July 17, 2014 CONGRESSIONAL RECORD — SENATE S4593 ‘‘SEC. 324. BOARD OF DIRECTORS. other body that is the primary insurance ‘‘(4) making political contributions to any ‘‘(a) ESTABLISHMENT.—There is established regulatory authority for the State. person or entity on behalf of the Association; a board of directors of the Association, ‘‘(d) TERMS.— and which shall have authority to govern and su- ‘‘(1) IN GENERAL.—Except as provided under ‘‘(5) lobbying or paying a person to lobby pervise all activities of the Association. paragraph (2), the term of service for each on behalf of the Association. ‘‘(b) POWERS.—The Board shall have such Board member shall be 2 years. ‘‘(i) COMPENSATION.— of the powers and authority of the Associa- ‘‘(2) EXCEPTIONS.— ‘‘(1) IN GENERAL.—Except as provided in tion as may be specified in the bylaws of the ‘‘(A) 1-YEAR TERMS.—The term of service paragraph (2), no Board member may receive Association. shall be 1 year, as designated by the Presi- any compensation from the Association or any other person or entity on account of ‘‘(c) COMPOSITION.— dent at the time of the nomination of the Board membership. ‘‘(1) IN GENERAL.—The Board shall consist subject Board members for— ‘‘(2) TRAVEL EXPENSES AND PER DIEM.— of 13 members who shall be appointed by the ‘‘(i) 4 of the State insurance commissioner Board members may be reimbursed only by President, by and with the advice and con- Board members initially appointed under the Association for travel expenses, includ- sent of the Senate, in accordance with the paragraph (1)(A), of whom not more than 2 ing per diem in lieu of subsistence, at rates procedures established under Senate Resolu- shall belong to the same political party; consistent with rates authorized for employ- tion 116 of the 112th Congress, of whom— ‘‘(ii) 1 of the Board members initially ap- ees of Federal agencies under subchapter I of ‘‘(A) 8 shall be State insurance commis- pointed under paragraph (1)(B); and ‘‘(iii) 1 of the Board members initially ap- chapter 57 of title 5, United States Code, sioners appointed in the manner provided in while away from home or regular places of paragraph (2), 1 of whom shall be designated pointed under paragraph (1)(C). ‘‘(B) EXPIRATION OF TERM.—A Board mem- business in performance of services for the by the President to serve as the chairperson Association. of the Board until the Board elects one such ber may continue to serve after the expira- tion of the term to which the Board member ‘‘SEC. 325. BYLAWS, STANDARDS, AND DISCIPLI- State insurance commissioner Board mem- NARY ACTIONS. ber to serve as the chairperson of the Board; was appointed for the earlier of 2 years or until a successor is appointed. ‘‘(a) ADOPTION AND AMENDMENT OF BYLAWS ‘‘(B) 3 shall have demonstrated expertise AND STANDARDS.— and experience with property and casualty ‘‘(C) MID-TERM APPOINTMENTS.—A Board member appointed to fill a vacancy occur- ‘‘(1) PROCEDURES.—The Association shall insurance producer licensing; and adopt procedures for the adoption of bylaws ‘‘(C) 2 shall have demonstrated expertise ring before the expiration of the term for which the predecessor of the Board member and standards that are similar to procedures and experience with life or health insurance under subchapter II of chapter 5 of title 5, producer licensing. was appointed shall be appointed only for the remainder of that term. United States Code (commonly known as the ‘‘(2) STATE INSURANCE REGULATOR REP- ‘Administrative Procedure Act’). ‘‘(3) SUCCESSIVE TERMS.—Board members RESENTATIVES.— ‘‘(2) COPY REQUIRED TO BE FILED.—The ‘‘(A) RECOMMENDATIONS.—Before making may be reappointed to successive terms. ‘‘(e) INITIAL APPOINTMENTS.—The appoint- Board shall submit to the President, through any appointments pursuant to paragraph ment of initial Board members shall be made the Department of the Treasury, and the (1)(A), the President shall request a list of no later than 90 days after the date of enact- States (including State insurance regu- recommended candidates from the States ment of the National Association of Reg- lators), and shall publish on the website of through the NAIC, which shall not be bind- istered Agents and Brokers Reform Act of the Association, all proposed bylaws and ing on the President. If the NAIC fails to 2014. standards of the Association, or any pro- submit a list of recommendations not later ‘‘(f) MEETINGS.— posed amendment to the bylaws or standards than 15 business days after the date of the re- ‘‘(1) IN GENERAL.—The Board shall meet— of the Association, accompanied by a concise quest, the President may make the requisite ‘‘(A) at the call of the chairperson; general statement of the basis and purpose of appointments without considering the views ‘‘(B) as requested in writing to the chair- such proposal. of the NAIC. person by not fewer than 5 Board members; ‘‘(3) EFFECTIVE DATE.—Any proposed bylaw ‘‘(B) POLITICAL AFFILIATION.—Not more or or standard of the Association, and any pro- than 4 Board members appointed under para- ‘‘(C) as otherwise provided by the bylaws of posed amendment to the bylaws or standards graph (1)(A) shall belong to the same polit- the Association. of the Association, shall take effect, after ical party. ‘‘(2) QUORUM REQUIRED.—A majority of all notice under paragraph (2) and opportunity ‘‘(C) FORMER STATE INSURANCE COMMIS- Board members shall constitute a quorum. for public comment, on such date as the As- SIONERS.— ‘‘(3) VOTING.—Decisions of the Board shall sociation may designate, unless suspended ‘‘(i) IN GENERAL.—If, after offering each require the approval of a majority of all under section 329(c). currently serving State insurance commis- Board members present at a meeting, a ‘‘(4) RULE OF CONSTRUCTION.—Nothing in sioner an appointment to the Board, fewer quorum being present. this section shall be construed to subject the than 8 State insurance commissioners have ‘‘(4) INITIAL MEETING.—The Board shall Board or the Association to the require- accepted appointment to the Board, the hold its first meeting not later than 45 days ments of subchapter II of chapter 5 of title 5, President may appoint the remaining State after the date on which all initial Board United States Code (commonly known as the insurance commissioner Board members, as members have been appointed. ‘Administrative Procedure Act’). required under paragraph (1)(A), of the ap- ‘‘(g) RESTRICTION ON CONFIDENTIAL INFOR- ‘‘(b) DISCIPLINARY ACTION BY THE ASSOCIA- propriate political party as required under MATION.—Board members appointed pursuant TION.— subparagraph (B), from among individuals to subparagraphs (B) and (C) of subsection ‘‘(1) SPECIFICATION OF CHARGES.—In any who are former State insurance commis- (c)(1) shall not have access to confidential proceeding to determine whether member- sioners. information received by the Association in ship shall be denied, suspended, revoked, or ‘‘(ii) LIMITATION.—A former State insur- connection with complaints, investigations, not renewed, or to determine whether a ance commissioner appointed as described in or disciplinary proceedings involving insur- member of the Association should be placed clause (i) may not be employed by or have ance producers. on probation (referred to in this section as a any present direct or indirect financial in- ‘‘(h) ETHICS AND CONFLICTS OF INTEREST.— ‘disciplinary action’) or whether to assess terest in any insurer, insurance producer, or The Board shall issue and enforce an ethical fines or monetary penalties, the Association other entity in the insurance industry, other conduct code to address permissible and pro- shall bring specific charges, notify the mem- than direct or indirect ownership of, or bene- hibited activities of Board members and As- ber of the charges, give the member an op- ficial interest in, an insurance policy or an- sociation officers, employees, agents, or con- portunity to defend against the charges, and nuity contract written or sold by an insurer. sultants. The code shall, at a minimum, in- keep a record. ‘‘(D) SERVICE THROUGH TERM.—If a Board clude provisions that prohibit any Board ‘‘(2) SUPPORTING STATEMENT.—A deter- member appointed under paragraph (1)(A) member or Association officer, employee, mination to take disciplinary action shall be ceases to be a State insurance commissioner agent or consultant from— supported by a statement setting forth— during the term of the Board member, the ‘‘(1) engaging in unethical conduct in the ‘‘(A) any act or practice in which the mem- Board member shall cease to be a Board course of performing Association duties; ber has been found to have been engaged; member. ‘‘(2) participating in the making or influ- ‘‘(B) the specific provision of this subtitle ‘‘(3) PRIVATE SECTOR REPRESENTATIVES.—In encing the making of any Association deci- or standard of the Association that any such making any appointment pursuant to sub- sion, the outcome of which the Board mem- act or practice is deemed to violate; and paragraph (B) or (C) of paragraph (1), the ber, officer, employee, agent, or consultant ‘‘(C) the sanction imposed and the reason President may seek recommendations for knows or had reason to know would have a for the sanction. candidates from groups representing the cat- reasonably foreseeable material financial ef- ‘‘(3) INELIGIBILITY OF PRIVATE SECTOR REP- egory of individuals described, which shall fect, distinguishable from its effect on the RESENTATIVES.—Board members appointed not be binding on the President. public generally, on the person or a member pursuant to section 324(c)(3) may not— ‘‘(4) STATE INSURANCE COMMISSIONER DE- of the immediate family of the person; ‘‘(A) participate in any disciplinary action FINED.—For purposes of this subsection, the ‘‘(3) accepting any gift from any person or or be counted toward establishing a quorum term ‘State insurance commissioner’ means entity other than the Association that is during a disciplinary action; and a person who serves in the position in State given because of the position held by the per- ‘‘(B) have access to confidential informa- government, or on the board, commission, or son in the Association; tion concerning any disciplinary action.

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S4594 CONGRESSIONAL RECORD — SENATE July 17, 2014 ‘‘SEC. 326. POWERS. and with the advice and consent of the Sen- or for any alleged activity, regardless of ‘‘In addition to all the powers conferred ate, in accordance with the procedures estab- whether the activity occurred before or after upon a nonprofit corporation by the District lished under Senate Resolution 116 of the the insurance producer commenced doing of Columbia Nonprofit Corporation Act, the 112th Congress, new Board members to fill business in the State pursuant to Associa- Association shall have the power to— the vacancies on the Board for the remainder tion membership. ‘‘(1) establish and collect such membership of the terms. ‘‘SEC. 331. COORDINATION WITH FINANCIAL IN- fees as the Association finds necessary to im- ‘‘(b) REMOVAL OF BOARD MEMBER.—The DUSTRY REGULATORY AUTHORITY. pose to cover the costs of its operations; President may remove a Board member only ‘‘The Association shall coordinate with the ‘‘(2) adopt, amend, and repeal bylaws, pro- for neglect of duty or malfeasance in office. Financial Industry Regulatory Authority in cedures, or standards governing the conduct ‘‘(c) SUSPENSION OF BYLAWS AND STAND- order to ease any administrative burdens of Association business and performance of ARDS AND PROHIBITION OF ACTIONS.—Fol- that fall on members of the Association that its duties; lowing notice to the Board, the President, or are subject to regulation by the Financial ‘‘(3) establish procedures for providing no- a person designated by the President for Industry Regulatory Authority, consistent tice and opportunity for comment pursuant such purpose, may suspend the effectiveness with the requirements of this subtitle and to section 325(a); of any bylaw or standard, or prohibit any ac- the Federal securities laws. ‘‘(4) enter into and perform such agree- tion, of the Association that the President or ‘‘SEC. 332. RIGHT OF ACTION. ments as necessary to carry out the duties of the designee determines is contrary to the ‘‘(a) RIGHT OF ACTION.—Any person ag- the Association; purposes of this subtitle. grieved by a decision or action of the Asso- ‘‘(5) hire employees, professionals, or spe- ‘‘SEC. 330. RELATIONSHIP TO STATE LAW. ciation may, after reasonably exhausting cialists, and elect or appoint officers, and to ‘‘(a) PREEMPTION OF STATE LAWS.—State available avenues for resolution within the fix their compensation, define their duties laws, regulations, provisions, or other ac- Association, commence a civil action in an and give them appropriate authority to tions purporting to regulate insurance pro- appropriate United States district court, and carry out the purposes of this subtitle, and ducers shall be preempted to the extent pro- obtain all appropriate relief. determine their qualification; vided in subsection (b). ‘‘(b) ASSOCIATION INTERPRETATIONS.—In ‘‘(6) establish personnel policies of the As- ‘‘(b) PROHIBITED ACTIONS.— any action under subsection (a), the court sociation and programs relating to, among ‘‘(1) IN GENERAL.—No State shall— shall give appropriate weight to the interpre- other things, conflicts of interest, rates of ‘‘(A) impede the activities of, take any ac- tation of the Association of its bylaws and compensation, where applicable, and quali- tion against, or apply any provision of law or standards and this subtitle. fications of personnel; regulation arbitrarily or discriminatorily to, ‘‘SEC. 333. FEDERAL FUNDING PROHIBITED. ‘‘(7) borrow money; and any insurance producer because that insur- ‘‘The Association may not receive, accept, ‘‘(8) secure funding for such amounts as the ance producer or any affiliate plans to be- or borrow any amounts from the Federal Association determines to be necessary and come, has applied to become, or is a member Government to pay for, or reimburse, the As- appropriate to organize and begin operations of the Association; sociation for, the costs of establishing or op- of the Association, which shall be treated as ‘‘(B) impose any requirement upon a mem- erating the Association. loans to be repaid by the Association with ber of the Association that it pay fees dif- ‘‘SEC. 334. DEFINITIONS. interest at market rate. ferent from those required to be paid to that ‘‘For purposes of this subtitle, the fol- ‘‘SEC. 327. REPORT BY THE ASSOCIATION. State were it not a member of the Associa- lowing definitions shall apply: ‘‘(a) IN GENERAL.—As soon as practicable tion; or ‘‘(1) BUSINESS ENTITY.—The term ‘business after the close of each fiscal year, the Asso- ‘‘(C) impose any continuing education re- entity’ means a corporation, association, ciation shall submit to the President, quirements on any nonresident insurance partnership, limited liability company, lim- through the Department of the Treasury, producer that is a member of the Associa- ited liability partnership, or other legal enti- and the States (including State insurance tion. ty. regulators), and shall publish on the website ‘‘(2) STATES OTHER THAN A HOME STATE.—No ‘‘(2) DEPOSITORY INSTITUTION.—The term of the Association, a written report regard- State, other than the home State of a mem- ‘depository institution’ has the meaning as ing the conduct of its business, and the exer- ber of the Association, shall— in section 3 of the Federal Deposit Insurance cise of the other rights and powers granted ‘‘(A) impose any licensing, personal or cor- Act (12 U.S.C. 1813). by this subtitle, during such fiscal year. porate qualifications, education, training, ‘‘(3) HOME STATE.—The term ‘home State’ ‘‘(b) FINANCIAL STATEMENTS.—Each report experience, residency, continuing education, means the State in which the insurance pro- submitted under subsection (a) with respect or bonding requirement upon a member of ducer maintains its principal place of resi- to any fiscal year shall include audited fi- the Association that is different from the dence or business and is licensed to act as an nancial statements setting forth the finan- criteria for membership in the Association insurance producer. cial position of the Association at the end of or renewal of such membership; ‘‘(4) INSURANCE.—The term ‘insurance’ such fiscal year and the results of its oper- ‘‘(B) impose any requirement upon a mem- means any product, other than title insur- ations (including the source and application ber of the Association that it be licensed, ance or bail bonds, defined or regulated as of its funds) for such fiscal year. registered, or otherwise qualified to do busi- insurance by the appropriate State insurance ‘‘SEC. 328. LIABILITY OF THE ASSOCIATION AND ness or remain in good standing in the State, regulatory authority. THE BOARD MEMBERS, OFFICERS, including any requirement that the insur- ‘‘(5) INSURANCE PRODUCER.—The term ‘in- AND EMPLOYEES OF THE ASSOCIA- ance producer register as a foreign company surance producer’ means any insurance TION. with the secretary of state or equivalent agent or broker, excess or surplus lines ‘‘(a) IN GENERAL.—The Association shall State official; broker or agent, insurance consultant, lim- not be deemed to be an insurer or insurance ‘‘(C) require that a member of the Associa- ited insurance representative, and any other producer within the meaning of any State tion submit to a criminal history record individual or entity that sells, solicits, or ne- law, rule, regulation, or order regulating or check as a condition of doing business in the gotiates policies of insurance or offers ad- taxing insurers, insurance producers, or State; or vice, counsel, opinions or services related to other entities engaged in the business of in- ‘‘(D) impose any licensing, registration, or insurance. surance, including provisions imposing pre- appointment requirements upon a member of ‘‘(6) INSURER.—The term ‘insurer’ has the mium taxes, regulating insurer solvency or the Association, or require a member of the meaning as in section 313(e)(2)(B) of title 31, financial condition, establishing guaranty Association to be authorized to operate as an United States Code. funds and levying assessments, or requiring insurance producer, in order to sell, solicit, ‘‘(7) PRINCIPAL PLACE OF BUSINESS.—The claims settlement practices. or negotiate insurance for commercial prop- term ‘principal place of business’ means the ‘‘(b) LIABILITY OF BOARD MEMBERS, OFFI- erty and casualty risks to an insured with State in which an insurance producer main- CERS, AND EMPLOYEES.—No Board member, risks located in more than one State, if the tains the headquarters of the insurance pro- officer, or employee of the Association shall member is licensed or otherwise authorized ducer and, in the case of a business entity, be personally liable to any person for any ac- to operate in the State where the insured where high-level officers of the entity direct, tion taken or omitted in good faith in any maintains its principal place of business and control, and coordinate the business activi- matter within the scope of their responsibil- the contract of insurance insures risks lo- ties of the business entity. ities in connection with the Association. cated in that State. ‘‘(8) PRINCIPAL PLACE OF RESIDENCE.—The ‘‘SEC. 329. PRESIDENTIAL OVERSIGHT. ‘‘(3) PRESERVATION OF STATE DISCIPLINARY term ‘principal place of residence’ means the ‘‘(a) REMOVAL OF BOARD.—If the President AUTHORITY.—Nothing in this section may be State in which an insurance producer resides determines that the Association is acting in construed to prohibit a State from inves- for the greatest number of days during a cal- a manner contrary to the interests of the tigating and taking appropriate disciplinary endar year. public or the purposes of this subtitle or has action, including suspension or revocation of ‘‘(9) STATE.—The term ‘State’ includes any failed to perform its duties under this sub- authority of an insurance producer to do State, the District of Columbia, any terri- title, the President may remove the entire business in a State, in accordance with State tory of the United States, and Puerto Rico, existing Board for the remainder of the term law and that is not inconsistent with the Guam, American Samoa, the Trust Territory to which the Board members were appointed provisions of this section, against a member of the Pacific Islands, the Virgin Islands, and and appoint, in accordance with section 324 of the Association as a result of a complaint the Northern Mariana Islands.

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE July 17, 2014 CONGRESSIONAL RECORD — SENATE S4595 ‘‘(10) STATE LAW.— ensure the survival of the State of our civilians and they are using their ‘‘(A) IN GENERAL.—The term ‘State law’ in- Israel. It condemns the unprovoked civilians to protect their missiles. cludes all laws, decisions, rules, regulations, rocket fire at Israel. It calls on Hamas In other words, what Hamas is doing or other State action having the effect of to immediately cease all rocket and is putting its missile locations in popu- law, of any State. lation centers, in schools, in hospitals, ‘‘(B) LAWS APPLICABLE IN THE DISTRICT OF other attacks against Israel. It calls COLUMBIA.—A law of the United States appli- upon the Palestinian Authority of in mosques, in a direct way to use cable only to or within the District of Co- President Abbas to dissolve the unity human shields. What a difference. lumbia shall be treated as a State law rather governing arrangement with Hamas Israel is trying to protect its civilian than a law of the United States. and condemn the attacks on Israel. population. Hamas is putting their ci- ‘‘SEC. 335. SUNSET. We all are very concerned about the vilian population at great risk. ‘‘The provisions of this subtitle, and any tragic consequences of the conflict be- Hamas must end its rocket and mor- program or authorities established or grant- tween Israel and Hamas. Our strongest tar attacks, recognize Israel’s right to ed therein or derived therefrom, shall termi- desire is that we can end the attacks exist, renounce violence, and honor all nate on the date that is 2 years after the and the missiles and that we can get past agreements to peacefully move to- date on which the Association approves its ward a two-state solution. That is what first member pursuant to section 323.’’. Israel and the Palestinians to nego- (b) TECHNICAL AMENDMENT.—The table of tiate a peace agreement, a lasting we want to see. I strongly support contents for the Gramm-Leach-Bliley Act is agreement for two states living side- Israel’s right to defend its citizens amended by striking the items relating to by-side, the Jewish State of Israel and against threats to its security and ex- subtitle C of title III and inserting the fol- a Palestinian State. istence. Hamas must end. It must be lowing new items: But the recent military action taken marginalized. It cannot be allowed to ‘‘Subtitle C—National Association of by the Israel Defense Forces in Gaza is continue its terrorist activities. We Registered Agents and Brokers a direct response to Hamas’s barrage of must find a way to advance a stable ‘‘Sec. 321. National Association of Reg- rockets and mortar attacks against ci- and lasting peace between Israel and istered Agents and Brokers. vilian targets in Israel. Labeled as a the Palestinian people. ‘‘Sec. 322. Purpose. terrorist organization, Hamas is di- I yield the floor. ‘‘Sec. 323. Membership. rectly responsible for the innocent loss The PRESIDING OFFICER. The Sen- ‘‘Sec. 324. Board of directors. ator from Virginia. ‘‘Sec. 325. Bylaws, standards, and discipli- of life of both Israelis and Palestinians. nary actions. It is very tragic what Israel is doing it Mr. WARNER. Madam President, I ‘‘Sec. 326. Powers. is doing so to defend its civilian popu- would like to concur with the com- ‘‘Sec. 327. Report by the Association. lation from the incoming rockets. ments of my friend, the Senator from ‘‘Sec. 328. Liability of the Association and What Hamas is doing is indiscrimi- Maryland, on the tragedy in Israel and the Board members, officers, nately sending missiles into Israel, tar- the Middle East. I also want to say a and employees of the Associa- geting innocent populations. Hamas’s special thanks to my friend, the Sen- tion. actions to extend its reach deeper into ator from Tennessee, for allowing me ‘‘Sec. 329. Presidential oversight. to jump in line for a moment. ‘‘Sec. 330. Relationship to State law. Israel and its failure to end continuing ‘‘Sec. 331. Coordination with Financial In- attacks undermine efforts to attain UNANIMOUS CONSENT REQUEST—S. 2265 dustry Regulatory Authority. peace and security in the region. Mr. PAUL. Madam President, I rise ‘‘Sec. 332. Right of action. The Israel Defense Forces began Op- to say that I think it is abhorrent and ‘‘Sec. 333. Federal funding prohibited. eration Protective Edge Tuesday, July I think most American people would be ‘‘Sec. 334. Definitions. 8, with one goal, one goal in mind; that greatly distressed to know that some ‘‘Sec. 335. Sunset.’’. is, to stop Hamas’s continued rocket of their money could be sent to ter- f attacks against Israel’s civilians. Since rorist organizations, that some of their BRING JOBS HOME ACT—MOTION the start of the operation, there have money could be sent to Hamas. TO PROCEED—Continued been over 1,000 rockets that have been Hamas has now joined a unity gov- launched into Israel. Most of those ernment with the Palestinian Author- The PRESIDING OFFICER. The ma- rockets hit targets. Fortunately, they ity. We give several hundred million jority leader. were not major population centers be- dollars a year to the Palestinian Au- ORDER OF PROCEDURE cause of Iron Dome. I thank the policy thority. I am appalled to think we Mr. REID. Madam President, I ask of this country, the United States, in could be somehow indirectly paying for unanimous consent that the cloture providing Israel the Iron Dome missile missiles that Hamas is launching on vote with respect to the Carnes nomi- defense system, which has been respon- Israel. I support the resolution that nation now occur at 1:45 p.m. today, sible for bringing down approximately will shortly come forward condemning with all other provisions of the pre- 200 of the rockets that otherwise would Hamas’s activities. vious order remaining in effect. have hit population centers in Israel. I want more teeth in this. I would The PRESIDING OFFICER. Is there Earlier this week, Egypt proposed an like to see legislation that says: You objection? immediate cease-fire, followed by a se- know what. If Hamas wants to come Hearing no objection, it is so ordered. ries of meetings in Cairo with high- out of the cold, they want to recognize The Senator from Maryland. level delegations from both sides. Israel and renounce terror, maybe. But Mr. CARDIN. Madam President, I ask Israel accepted that cease-fire imme- if they are going to continue to say, as unanimous consent to speak as in diately. They said: Fine. Let’s do it. We one of their leaders said recently, that morning business. want to stop the attacks of rockets our path is resistance and a rifle, our The PRESIDING OFFICER. Without into our country. We want to have a choice is jihad, if Hamas is going to objection, it is so ordered. discussion for peace. They did it imme- continue to laugh and to cheer with THE MIDDLE EAST diately. For 6 hours the IDF suspended glee with the killing of three teenage Mr. CARDIN. Madam President, it is operations against Hamas, but during Israeli citizens, one of whom was an my understanding later today we are this time Hamas fired 50 rockets into American citizen, Hamas should not— going to have an opportunity to ap- Israel. So the Israel Defense Forces and we should guarantee that Hamas prove a resolution that was voted out were ordered to resume attacks against should not—get any of our money. So I of the Senate Foreign Relations Com- terrorist targets following continued will ask for unanimous consent to pass mittee yesterday that deals with the inbound rockets and Hamas’s official a bill to guarantee that Hamas will not tragic events in the Middle East be- statement that it rejected the cease- receive any of our foreign aid. tween Israel and Hamas. I just want to fire. I ask unanimous consent that the read part of that resolution, the action I think what Israel’s Prime Minister Committee on Foreign Relations be part of the resolution, because I hope it Benjamin Netanyahu said on CBS’s discharged from further consideration expresses the views of each Member of ‘‘Face the Nation’’ on Sunday sums it of S. 2265 and that the Senate proceed the Senate. up best. I am quoting from the Prime to its immediate consideration. I fur- It reaffirms the Senate’s support for Minister: The difference between us is ther ask unanimous consent that the Israel’s right to defend its citizens and that we are using missiles to protect bill be read a third time and passed,

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S4596 CONGRESSIONAL RECORD — SENATE July 17, 2014 the motion to reconsider be made and What we have is Iran doing every- ping away, the coalition is dissipating. laid upon the table. thing they can to evade sanctions that Some of the parties, as the Senator The PRESIDING OFFICER. Is there have been put in place. We have coun- knows, have differing interests now. objection? tries that see the opportunity possibly We have had some conflicts arise over The Senator from Tennessee. for Iran to come out from under being the course of time where we are at sig- Mr. CORKER. Madam President, I a rogue state. I am worried we are put- nificant odds with some of our partners know the Senator from Kentucky tried ting ourselves in a situation where we in these negotiations. to have this bill heard this week in a are losing all of the leverage Congress, With Russia we have the issue in business meeting. I know the Senator working with the administration, but Ukraine and Crimea. With China we knows I supported that effort to cause Congress led on in putting these sanc- have issues in the South and East this bill to be marked up in the For- tions in place. China Sea. So all of this is making me eign Relations Committee, which is We are coming up on July 20. I was very concerned about our ability to where it should be dealt with. very disappointed that, in essence in reach a diplomatic solution, even I thank him for his concern about March, the administration agreed to though I want more than anything—on foreign aid. I think he has brought a the fact that Iran would be able to this issue, more than anything, I want voice to the Senate which has raised have centrifuges to enrich uranium. It us to have a solid diplomatic solution many concerns about how we are was something that, to me, at the be- that allows us to go forward and know spending taxpayer money. I thank him ginning of a negotiation, to give one of that Iran does not have the ability to for raising some of the issues he has the biggest things one can possibly break out and become a nuclear threat brought forth. As it relates to the bill give to a country such as Iran on the to the region, to the world, and cer- itself, I have spoken to officials from front end, put us in a very bad position. tainly create instability. Israel. I know one of the goals is to do But here is my concern: It is July 17. I yield the floor. something that complements Israel This agreement ends on July 20. I be- Mr. GRAHAM. I thank the Senator and helps Israel. lieve we are losing the leverage that all from Tennessee for his leadership. We I know they have some concerns with of us worked so hard to put in place. I are working together. We hope to make the way it is constructed and actually, am worried the coalition we have is this bipartisan. If there is an agree- in many ways if this bill were to be- ment reached with the Iranians—and I come law, it would create a heightened dissipating. It feels to me as though Iran is rope-a-doping us on this agree- agree, I hope there will be, that Con- security problem for Israel. So we have gress can have a say about that agree- had a constructive conversation I ment. What I hope is going to happen—I ment. think on the floor. I would like to talk President Obama felt as though he know the Senator and I are going to be with the Senator a little bit further needed to come to Congress to get ap- in a briefing later today. I hope the ad- about some potential changes to the proval to enter into Syria. The Senator ministration is going to share with us, legislation. I think that would be more led the effort to pass the resolution in very clearly, what the gaps are be- appropriate than passing it by unani- the Foreign Relations Committee, the tween where they are and where Iran mous consent. I thank him again for Senator and Senator MENENDEZ work- is. his nature, the way he works with all ing together. The Senator from Ten- It is my hope that gap is going to be of us. I object. nessee delivered Republican votes to very narrow. I do not think that is The PRESIDING OFFICER. Objec- try to help the President. He drew a going to be the case. My sense is the tion is heard. red line and nothing happened. The Senator from South Carolina. administration is going to ask for an So if he believes he needs input from Mr. GRAHAM. Madam President, I extension over the next few days. That the Congress about going to Syria, I ask unanimous consent to enter into a concerns me. Here is what I hope Con- hope the President will understand colloquy with the Senator from Ten- gress will do: I hope Congress somehow that the Congress wants input when it nessee. will have the ability, through the ma- comes to the Iranian nuclear program. The PRESIDING OFFICER. Without jority leader’s efforts and all of us on As a matter of fact, I hope we will de- objection, it is so ordered. the floor, to weigh in on any final mand it, because of all the decisions IRAN agreement that is put in place. I think President Obama will make in his two Mr. GRAHAM. I know the Senator is that is very important. I know the Sen- terms as President, on the foreign pol- supposed to be chairing a hearing here ator tried to produce legislation to icy front this is the most consequen- in a moment. But the Senator is the make that happen. I have done the tial. ranking member on Foreign Relations. same thing. Why do I say this? The Iranian re- I wish to compliment the Senator from Secondly, I hope the administration gime with a nuclear capability is a Tennessee and Senator MENENDEZ. The will agree there will be no more exten- nightmare for the world. Senators have been a very effective sions, period. I am pretty sure they are Does Senator CORKER agree with me, team. The subject matter is Iran. July going to be asking for one. It is unfor- based on his travels in the region, that 20 will be here shortly. tunate. When you put in place an if we allowed the Iranians to have a ro- I ask Senator CORKER, what is his agreement on the front end that you bust enrichment capability—and what view of where we stand with the Ira- have that ability, it then creates the am I talking about is taking uranium nian nuclear program and what are his essence that it does not create the and enriching it to the point where concerns? focus, if you will, that is necessary to they can use it for commercial fuel to Mr. CORKER. First of all, no one has bring this to a conclusion. run a nuclear power reactor. The prob- taken a more important role in our for- Again, what I hope will happen is lem with enrichment is you can go be- eign policy and security issues than that Congress will have a final say on yond making commercial grade fuel. the Senator from South Carolina. I any removal of sanctions—any removal You can actually use that process to thank him for that. I know on my last of sanctions. But my hope is that be- make a bomb. Without enrichment ca- trip to Afghanistan, he was there serv- fore any type of sanctions relief takes pability you can’t make the bomb. ing his Reserve duty. I thank the Sen- place, Congress will have the oppor- So they are demanding the right to ator for the many contributions to all tunity to weigh in. I had a long con- enrich and it was given away in March. of these debates. I want to say that I versation yesterday with our lead ne- It was a huge mistake. think, similar to many in this body, gotiator. I shared these same concerns, If you made a list of countries you when the initial agreement was put that I just feel the moment slipping would not trust to enrich uranium— forth and it had a 6-month extension away from us. I think all of us want to based on their behavior and disruptive on it, there was a lot of concern. What see a diplomatic solution. I do not nature—I would put Iran on the top of I am concerned about, and the Senator think there is anybody on this floor the list. My fear is that we are about to from South Carolina I think may share that wants to see anything less than a do with the Iranians what we did with some of this, is that what we are going great result diplomatically. the North Koreans—that you have a to end up with are a series of rolling in- But I think many of us are concerned deal on paper that gives them an en- terim agreements. we are losing our leverage, time is slip- richment capability to be contained by

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE July 17, 2014 CONGRESSIONAL RECORD — SENATE S4597 U.N. inspection. And in North Korea The ayatollah, the Supreme Leader field that just getting to the 30- or 40- the rest is history. of Iran, weighed in a few days ago talk- yard line looks good to us. But we also When it comes to the Iranians, I am ing about centrifuges 10 times greater did the same on the front end of the not going to turn our fate over, as a na- than they have today. I am sure what deal by acknowledging in the preamble tion, to a bunch of U.N. inspectors try- he is trying to do is become the bad or the four-page agreement that en- ing to contain their uranium enrich- guy. When he puts out the number richment certainly could occur. ment program. I know Israel will not. 190,000 and you wind up with 15 or 20, it But here is what is happening, I fear. But this is the ripple effect. Does the is like a good deal. On every other single portion—not just Senator agree with me that any right I can promise you one centrifuge in the centrifuge—the goal posts are to enrich we give to the Shia Persians the hands of the Iranians is a risk. being moved. In other words, the in Iran, the Sunni Arabs are going to Thousands of centrifuges in the hands things that we thought were going to insist on an equivalent right? of Iranians is stupid. We would be crazy take place on the front end—whether it Mr. CORKER. The Senator is exactly to let that happen. was the Arak facility and what was right. I was in the region this year, and If they want a nuclear power pro- going to occur there or what was going there is tremendous concern about, ob- gram for peaceful purposes, sign me up. to happen in other pieces of the deal— viously, Iran breaking out in this re- As a matter of fact, as far as any all of that adds up to very important gard. Candidly, there are many con- deal, I would put in the deal the ability elements or a final deal. I am afraid versations about ways for them to for the international community—Rus- what is happening is the goalpost is compensate for that because they obvi- sia, the United States, and China work- moving on all of those as time goes on. ously want a counter to Iran’s being a ing together or separately—to build a Mr. GRAHAM. I couldn’t agree more. nuclear-armed country. powerplant inside of Iran to give them As a matter of fact, dismantling has As you know, with some of the pro- nuclear power as long as we control the become something new. They have a liferation that takes place, there are fuel cycle. big stockpile of highly enriched ura- ways of buying those capabilities with- Fifteen nations have nuclear power nium. We are talking about diluting it, out even developing them yourself. So, programs that do not enrich. Canada but the U.N. resolution called for its yes, that is a major concern. and Mexico have nuclear power pro- removal, so this deal is to the left of Our friend, Senator MENENDEZ, on grams, but they don’t enrich uranium. the U.N. resolution. As a matter of the other side of the aisle—with whom As a matter of fact, we are telling fact, this whole agreement is getting to you work so closely—I certainly don’t our friends in South Korea: Don’t begin the left of what the United Nations has want to speak for him, but I use a to enrich. We are telling our friends in been. frame of reference that he has used on the United Arab Emirates: You can What about this scenario? It is one so many occasions; that is, it is one have nuclear power, but don’t enrich. thing to have fissile material in the thing to dismantle their ability to en- I would find it incredible for us to hands of the ayatollah and they could rich and produce a nuclear weapon and tell allies that we trust them not to en- make a bomb, but they still have a lot it is a whole different thing to just rich because it could set off unintended of highly enriched uranium still inside mothball. consequences, but we are agreeing to of Iran. What is the possibility of a What I fear is that we are creating a let one of the enemies of mankind have dirty bomb, where they turn that high- situation where, again, we have these that capability because they are de- ly enriched uranium over to a terrorist countries that come together, we have manding it. organization and it makes its way here the sanctions that are in place, and we I hope and I pray a deal can come without their fingerprints being on it? let those sanctions dissipate. Then all about that will neuter the nuclear am- Mr. CORKER. One of the ways that of a sudden—and I think the Senator bitions of the Iranians and give them Iran has destabilized the region has knows already—the economy in Iran is what they claim to want—a peaceful been through proxies that it funds. picking up and inflation has dropped if nuclear power program. But I don’t be- Let’s face it. Until they became in- you allow those to dissipate. lieve that is what they want. I don’t volved in Syria—as the Senator has It took a lot of effort to put these think they would be doing all the talked about on the floor—through sanctions in place. Again, there are a things they have been doing—lying, their proxy, Hezbollah, actually the lot of differing interests today that cheating, and building plants under a moderate in the opposition was gaining didn’t exist when these were put in mountain—if all they wanted was a ground. So their utilization of terrorist place. Then all of a sudden we have a peaceful nuclear power program. groups to achieve their end, obviously, situation where they break out again As a matter of fact, our intelligence is their normal mode of operation. because they have those capabilities. community tells us the program they Mr. GRAHAM. Yes, continue. They have mothballed; they have not have today has been put to military Mr. CORKER. So when you think been dismantled. Not to speak of the use. They denied that, but we can’t get about the possibilities of their being fact that we don’t know what is going to the bottom of it. able to create, as the Senator men- on in Parchin—we don’t know what What is the Senator’s view about the tioned, a dirty bomb—which would cre- may happen with the Arak facility. likelihood of the Iranians lying about ate tremendous terror wherever it Again, I hope the administration will the fact that they have tried to milita- might have been implemented—that is be very clear about the gaps that exist rize their program? something I think is frightening—more today. My sense is they are going to Mr. CORKER. I think, based on past than frightening. extend and, again, I have grave con- behavior, that would be one’s expecta- It would be something that would be cerns about what that is going to mean tion. Again, we know there are facili- not quite as destabilizing as, obviously, relative to getting to a good end. ties that are operating, and we haven’t having a full-blown nuclear weapon, Mr. GRAHAM. Along those lines, been able to get into those facilities. but something that would be very dam- Senator MENENDEZ has been one of the When you look at the facts, one of aging to world security. leading voices in the Senate and in the the things that is not even being ad- Mr. GRAHAM. I know we are going Nation about having a cautious eye to- dressed is the whole delivery system— to have a vote in a second, but we will ward Iran. their ability to deliver the weaponry. end our thoughts. They have an enrichment capability. None of this discussion thus far, to my The reason 3,000 Americans were Over the last decade it has grown mod- knowledge, has anything to do with killed on 9/11 and not 3 million is that erately. their developing capabilities to actu- the terrorist groups that wish us harm This idea of moderate voices in ally deliver a nuclear weapon. could not find capabilities beyond the Iran—the President of Iran was elected What I am concerned about—the Sen- airplanes. They are trying. They are as a moderate. I don’t believe that di- ator focused on the centrifuges and it trying to get weapons of mass destruc- chotomy really exists. This whole is the central issue—no question. I tion, chemical weapons, highly en- game of good cop/bad cop is going on in think the Senator has wisely pointed riched uranium, fissile material. front of our eyes—in this case good out how the Supreme Leader has tried My fear is that if a regime such as president/bad ayatollah. to move the goalpost so far down the Iran is given the capability to enrich,

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The whole real goal for me is to have What I hope will happen is that the What is the source of the violence? a capability that is very small, face- President will agree there will be no Again, overwhelmingly, the testimony saving in nature, that can’t lead to a more extensions if they ask for one in is that the source of the violence is the breakout. Don’t have something robust the next few days, and I am almost cer- drug trade that has corrupted the that can lead to a breakout and expect tain that is what is going to happen. neighborhoods and made them dan- the U.N. to protect us because they No. 2, I hope you will commit to let- gerous. The kids are fleeing violence can’t. They didn’t do it in North Korea. ting Congress weigh in on the final de- driven by the drug trade. At the end of the day I think the de- cision. I actually think that will be Here is the sort of sad punch line: cision we are going to make as a na- useful for them in the negotiation. I Where does the drug trade originate? tion—through our President—hopefully really do think that having a backstop The drug trade is originating because with direction and input, will be the would be useful to them, but if the of the significant demand in the United biggest decision we have made as a na- President doesn’t agree to that, I hope States for illegal drugs, especially co- tion on the foreign policy front in dec- we, on our own, will pass legislation caine. ades, because, if we get this wrong, if which ensures that is the case. So these kids are fleeing to the we allow the Iranian ayatollah to I yield the floor. United States because Americans are achieve a new nuclear capability, every Mr. GRAHAM. I concur, and I yield buying illegal drugs in such numbers Sunni Arab is going to want like capa- back. and the dollars being shipped south are The PRESIDING OFFICER. The Sen- bility, and we are on the road to Arma- creating conditions for gang warfare ator from Virginia. and cartels, turning these nations into geddon. Mr. KAINE. Madam President, I ask Look at the Middle East and ask transit points for drugs. unanimous consent to speak for 5 min- I know these children, and I know yourselves: Is this a good place to give utes as if in morning business. their neighborhoods. I lived in El people nuclear capability? Would they The PRESIDING OFFICER. Without Progreso, Honduras, in 1980 and 1981. use it? objection, it is so ordered. Six hundred kids from El Progreso Hamas is firing every rocket in its have already come to the United States inventory, and they could care less f CARING FOR REFUGEES as unaccompanied refugees this year. where it lands; they hate Israel that Honduras, a beautiful country with much. Mr. KAINE. Madam President, in the beautiful people, a longtime ally of the The Sunni Arabs feel more threat- last year I have been to Jordan, Tur- United States, is now the murder cap- ened by the Shia Persians than they do key, and Lebanon to visit Syrian refu- ital of the world. There are more peo- by the Israelis. gees and the organizations that work ple murdered in Honduras than in any It is commonly believed that Israelis with them. I have seen the effects of other country. El Salvador is No. 4 in have a nuclear capability. Not one refugees fleeing violence on these na- the world, and Guatemala is No. 5 in Sunni nation has tried to procure a tions. Lebanon has 4 million people. the world. weapon of their own to counter that They are having to care for 1 million I recently met with President Her- presumed capability. Every Sunni Arab refugees from Syria—one in four mem- nandez of Honduras to talk about what state has told me, you, and everybody bers of their population. we can do. So what should we do? Let’s else who will listen, that if the Shia These countries, especially Jordan get to the prescription. What should we Persians get a capability they are and Lebanon, are small—much smaller do? going to match that capability because than the United States. They are much First, we have to stop blaming the they see that threat as existential. poorer than the United States. Jordan kids or assuming they are bad people. Israel sees the threat in Iran—with a has very little water for their own citi- They are not. We need to show the nuclear capability in Iranian hands—as zens, much less refugees, but they have same compassion for refugees fleeing existential. shown a real sense of compassion and violence and coming to the United I see it as existential to the United hospitality in treating these Syrian States as nations such as Lebanon, States. We have an opportunity here refugees who are fleeing violence and Turkey, and Jordan show to refugees for negotiations to end this well. But coming over their border. Lebanese fleeing violence and coming to their what I hope we will not do is, through citizens even run double school shifts— nations. negotiations, create a scenario where their own kids in the morning and Syr- Secondly, we need to work on our they break out like the North Koreans. ian refugees in the afternoon. legal process and the resources the If I have the choice between a bad When I have been in the Middle East President asked for. I have some criti- deal through negotiations that will in these countries, I have wondered cisms of exactly how those dollars will lead to a nuclear Iran over time and what would happen if refugees fleeing be spent and the particular protections military force—as distasteful as that violence in other countries came to the these refugees need when they arrive. might be—I am going to pick military United States. I wonder if we would Remember, it is a 2008 law we are deal- force because we have to stop their am- show the same compassion to refugees ing with that was passed unanimously bitions to become a nuclear nation. that is being shown by these poorer na- by Congress and signed by President If we don’t stop them, it would be tions. Bush. similar, in my view, to have let Hitler I wish to say a few words about the We need to do immigration reform. have the bomb when we could have crisis at the border now because we are The fact that we haven’t done it for so done something about it. now faced with that question—refugees long creates a sense of confusion. If we Mr. CORKER. I thank the Senator fleeing violence and coming to the can clearly elaborate what our immi- again for his tremendous contributions United States. gration policy is, it will dispel myths. to this body and every foreign policy Who are the children coming to the More support for security in Central debate that we have. United States? They are overwhelm- America is critical. We need to inter- The President did seek congressional ingly refugees from three Central dict more drugs. General Kelly, the approval on the authorization of the American countries—52,000 just this head of SOUTHCOM, says we let 75 per- use of military force in Syria. It was year. They are not just coming to the cent of the drugs that come into the not something he had to do, but he United States; they are also flooding United States go by us. We know where sought it, and I am pleased that he did. into Costa Rica and Nicaragua. they are, but we haven’t put the mili- I was proud to be a part of writing Senator MENENDEZ held a hearing tary resources in place to interdict that agreement with our chairman and this morning, and we had testimony. them.

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE July 17, 2014 CONGRESSIONAL RECORD — SENATE S4599 Finally, we have to tackle the U.S. Senator from Delaware (Mr. COONS), The PRESIDING OFFICER. If there demand for drugs because that is what the Senator from Vermont (Mr. SAND- is no further debate, the question is, is driving the violence in the neighbor- ERS), and the Senator from Hawaii (Mr. Will the Senate advise and consent to hoods which is causing kids to flee. SCHATZ) are necessarily absent. the nomination of David B. Shear, of In conclusion, this year is the 75th Mr. CORNYN. The following Senators New York, to be an Assistant Secretary anniversary of a very shameful event— are necessarily absent: the Senator of Defense? the voyage of the St. Louis. The St. from Tennessee (Mr. ALEXANDER), the The nomination was confirmed. Louis was a ship that left Germany in Senator from Oklahoma (Mr. COBURN), 1939 with hundreds of Jews onboard. the Senator from Kansas (Mr. MORAN), f These Jews were fleeing violence and the Senator from Kentucky (Mr. PAUL), antisemitism to come to the new and the Senator from Kansas (Mr. ROB- NOMINATION OF DAVID ARTHUR world. They were not allowed to dis- ERTS). MADER TO BE CONTROLLER, OF- embark in Cuba, they were not allowed Further, if present and voting, the FICE OF FEDERAL FINANCIAL to disembark in the United States, and Senator from Tennessee (Mr. ALEX- MANAGEMENT, OFFICE OF MAN- they were not allowed to disembark in ANDER) would have voted ‘‘nay.’’ AGEMENT AND BUDGET Canada. Eventually, the ship had to be The PRESIDING OFFICER. Are there The PRESIDING OFFICER. Under routed back to Europe, where, research any other Senators in the Chamber de- the previous order, the Senate will pro- shows, hundreds of those Jews who had siring to vote? ceed to consider the following nomina- to get back off in Europe died in the The yeas and nays resulted—yeas 68, tion, which the clerk will report. nays 23, as follows: Holocaust. The assistant legislative clerk read The testimony this morning was that [Rollcall Vote No. 232 Ex.] the nomination of David Arthur Mader, if we, without due process, send these YEAS—68 of Virginia, to be Controller, Office of children home, many will die as a re- Ayotte Harkin Murphy Federal Financial Management, Office sult. Baldwin Hatch Murray of Management and Budget. The PRESIDING OFFICER. The Sen- Bennet Heinrich Nelson Blumenthal Heitkamp Portman The PRESIDING OFFICER. If there ator’s time has expired. Booker Hirono Pryor is no further debate, the question is, Mr. KAINE. That lesson of the St. Boxer Inhofe Reed Brown Isakson Will the Senate advise and consent to Louis should stick with us, and there Reid the nomination of David Arthur Mader, Cantwell Johanns Rockefeller are many things we can do to avert Cardin Johnson (SD) Schumer of Virginia, to be Controller, Office of Carper Kaine this crisis and to show our good hearts Sessions Casey King Federal Financial Management, Office as Americans. Shaheen Chambliss Klobuchar of Management and Budget? Shelby f Coats Landrieu The nomination was confirmed. Cochran Leahy Stabenow EXECUTIVE SESSION Collins Levin Tester The PRESIDING OFFICER. Under Donnelly Manchin Udall (CO) the previous order, the motions to re- The PRESIDING OFFICER. Under Durbin Markey Udall (NM) consider are considered made and laid Walsh the previous order, the Senate will pro- Feinstein McCain upon the table. The President will be ceed to executive session. Flake McCaskill Warner Franken Menendez Warren immediately notified of the Senate’s f Gillibrand Merkley Whitehouse action. Graham Mikulski Wicker Hagan Murkowski Wyden CLOTURE MOTION f The PRESIDING OFFICER. Pursuant NAYS—23 to rule XXII, the Chair lays before the Barrasso Enzi McConnell LEGISLATIVE SESSION Senate the pending cloture motion, Blunt Fischer Risch Boozman Grassley Rubio The PRESIDING OFFICER. The Sen- which the clerk will state. Burr Heller Scott ate will resume legislative session. CLOTURE MOTION Corker Hoeven Thune Cornyn Johnson (WI) We, the undersigned Senators, in accord- Toomey f Crapo Kirk Vitter ance with the provisions of rule XXII of the Cruz Lee Standing Rules of the Senate, hereby move BRING JOBS BACK HOME ACT— NOT VOTING—9 to bring to a close debate on the nomination MOTION TO PROCEED—Continued of Julie E. Carnes, of Georgia, to be United Alexander Coons Roberts States Circuit Judge for the Eleventh Cir- Begich Moran Sanders The PRESIDING OFFICER. The Sen- cuit. Coburn Paul Schatz ator from New Hampshire. Harry Reid, Patrick J. Leahy, Sheldon The motion was agreed to. Mrs. SHAHEEN. Madam President, I Whitehouse, Patty Murray, Elizabeth The PRESIDING OFFICER. On this come to the floor today to reiterate my Warren, Charles E. Schumer, Jack vote the yeas are 68, the nays are 23. opposition to legislation that would Reed, Christopher A. Coons, Dianne The motion is agreed to. impose new tax burdens on businesses Feinstein, Angus S. King, Jr., Ben- jamin L. Cardin, Mazie K. Hirono, f in New Hampshire and I believe would Richard Blumenthal, Amy Klobuchar, have a serious impact on our economy. Christopher Murphy, Cory A. Booker, NOMINATION OF JULIE E. CARNES Earlier this week Majority Leader Martin Heinrich. TO BE UNITED STATES CIRCUIT REID started a fast-track process to The PRESIDING OFFICER. By unan- JUDGE FOR THE ELEVENTH CIR- bring a bill to the floor that includes CUIT imous consent, the mandatory quorum the so-called Marketplace Fairness call has been waived. The clerk will report the nomination. Act. This is legislation that would for The question is, Is it the sense of the The assistant legislative clerk read the the first time allow States to collect Senate that debate on the nomination nomination of Julie E. Carnes, of Geor- sales taxes from businesses in New of Julie E. Carnes, of Georgia, to be gia, to be United States Circuit Judge Hampshire. As a result, this bill would United States Circuit Judge for the for the Eleventh Circuit. impose significant new tax compliance Eleventh Circuit, shall be brought to a f burdens on entrepreneurs in New close? Hampshire—the same entrepreneurs The yeas and nays are mandatory NOMINATION OF DAVID B. SHEAR who are trying to grow their businesses under the rule. TO BE AN ASSISTANT SEC- and create jobs on the Internet. The clerk will call the roll. RETARY OF DEFENSE In New Hampshire we don’t have a The assistant legislative clerk called The assistant legislative clerk read sales tax, so our businesses are not the roll. the nomination of David B. Shear, of used to collecting one. That is why Mr. DURBIN. I announce that the New York, to be an Assistant Secretary New Hampshire businesses are so con- Senator from Alaska (Mr. BEGICH), the of Defense. cerned that if this bill passes, they will

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S4600 CONGRESSIONAL RECORD — SENATE July 17, 2014 be forced to collect sales taxes from the House today with strong bipartisan should be more appropriately named not just 1 State but 46 other States and support. Yet based on the action ear- the Internet sales tax collection act, 9,600 taxing jurisdictions across the lier this week, the Senate may be because that is what it is—the Internet country. The redtape would be a night- asked to consider a bill that includes sales tax collection act. I certainly ap- mare for small companies with only a new tax burdens on small businesses. preciate the work I have done with my few employees. That is right. It doesn’t make sense, colleague, both of us fighting the Mar- I heard from one small business but on a bill that is meant to keep the ketplace Fairness Act, because there is owner in Hudson, NH. His business is Internet free from taxation, there is nothing fair about it for New Hamp- about to reach $1 million in revenue, now an effort to impose new tax collec- shire and, frankly, nothing fair about but his company has only six employ- tion burdens on Internet retailers, and it for online businesses across this ees. Under the legislation, the so-called that not only doesn’t make sense, I country. Marketplace Fairness Act, his com- think it is just wrong. This act would ask our online busi- pany might be considered a large busi- Just yesterday I sent a letter with a nesses that have been thriving and ness. The company has plans to grow, bipartisan group of our colleagues urg- growing—many people have started but it would be forced to reconsider as ing leadership to bring a clean Internet these businesses from their homes and it approaches this arbitrary threshold Tax Freedom Act bill to the floor. I we have seen those businesses flourish and then is covered under the so-called was joined by Senators CRUZ, AYOTTE, in our home State of New Hampshire— Marketplace Fairness Act. TESTER, MERKLEY, and PAUL. We be- to become tax collectors for States E-commerce has been a real boon to lieve the Internet should be tax-free that are greedy for revenue, and it small businesses in New Hampshire and and that we should pass this non- would trample on the decision of a across the country. It has helped com- controversial legislation as soon as State such as New Hampshire not to panies find new markets for their prod- possible. have a sales tax. What it would mean ucts and new revenues. But for compa- We also think it is wrong to use a for online businesses is they would nies looking to grow through online critical, must-pass extension of this have to become the tax collector not sales, this legislation represents an ar- law to keep the Internet tax-free as a just for the 50 States, but they would tificial ceiling for creating jobs and ex- vehicle to pass a fundamental shift in actually have to become a tax collector panding jobs through e-commerce. how e-commerce operates. Combining for over 9,000 taxed jurisdictions in this I will raise a few concerns about these two very different issues into one country. Talk about a bureaucratic what this legislation would mean for bill does nothing to protect New Hamp- nightmare for an online business. Talk small business. First, each State has shire’s small businesses from the about an act that is going to put oner- different sales and use taxes, so busi- flawed so-called Marketplace Fairness ous burdens on an area of commerce nesses would need new software to fig- Act. that we have seen such great growth ure out how to collect and remit those We should keep this Internet sales in. Talk about an act that is totally taxes. Small businesses would also tax legislation from moving forward, misnamed because there is nothing fair need to collect personal information the so-called Marketplace Fairness about it; it really is an Internet sales from each buyer to make sure they are Act. We should do that because it is tax collection act. complying with all State and local bad for New Hampshire and the other In my home State of New Hampshire sales taxes. These small businesses States that have no sales taxes that I have had so many online businesses might then have to deal with audit and are in the same position as New Hamp- write me about how this act—this MFA enforcement actions from other States, shire. It is bad for small businesses and act—is going to hurt their business and and the same businesses might have to it is bad for our economy. is going to place onerous requirements answer to taxing authorities in places Thank you very much, Madam Presi- on our businesses. Not only would they where they have no representation dent. I yield the floor and note the ab- be forced to collect taxes for these whatsoever. As States and localities sence of a quorum. other jurisdictions—over 9,000—but can consider new taxes, these small busi- The PRESIDING OFFICER. The we imagine what will happen once one nesses would have no voice in that clerk will call the roll. of those jurisdictions—a municipality process because they have no represen- The assistant legislative clerk pro- that is allowed to tax—changes their tation in those jurisdictions. ceeded to call the roll. tax amount? Then, suddenly, they have These are just a few examples of the Mrs. SHAHEEN. Madam President, I to update their collection method. many unintended consequences this ask unanimous consent that the order Guess what. If they get it wrong, they legislation would create. These burdens for the quorum call be rescinded. are subject to being sued in some other on small businesses will stifle e-com- The PRESIDING OFFICER. Without State, some other jurisdiction. merce. That is why it was so dis- objection, it is so ordered. This is going to hurt the develop- appointing to learn that the sponsors Mrs. SHAHEEN. Madam President, I ment of more online businesses because of the so-called Marketplace Fairness wish to recognize my colleague from it creates a big bureaucracy. It is to- Act have attached it to another meas- New Hampshire, Senator AYOTTE, who I tally inappropriate. Why are we asking ure that is meant to encourage e-com- think has come to the floor to also ex- these thriving online businesses to be- merce, the Internet Tax Freedom Act. press her concerns about the commin- come the tax collectors for States? The That legislation bans taxes on Internet gling of the Internet Tax Freedom Act reason we have over 9,000 jurisdictions access. with the so-called Marketplace Fair- they have to collect for is because it is The Internet Tax Freedom Act has ness Act. She will be speaking from her not just States; in some States even broad bipartisan support. I am proud to perspective about the concerns it the municipal level has its own sales be an original cosponsor of this legisla- places on New Hampshire’s small busi- tax that can be collected. What a mess. tion. Since 1998 the Internet Tax Free- nesses. I am very pleased to see my col- Then we see what is happening in dom Act has kept the Internet free of league from New Hampshire here to Washington. The majority leader rule new taxation, which has helped the also express her concern about what is XIV’d a bill, and what he did is he at- Internet flourish and become the driver happening. tached the Marketplace Fairness Act, of economic activity it is today. The PRESIDING OFFICER. The Sen- which I prefer to call the Internet sales Unfortunately, this ban on new Inter- ator from New Hampshire. tax collection act, to what was just net access taxes expires this November, Ms. AYOTTE. Madam President, I passed in the House of Representatives: and Congress must take action to keep certainly wish to thank my colleague the Internet Tax Freedom Act. Talk the Internet tax-free. I strongly sup- from New Hampshire, Senator SHA- about ironic. The Internet Tax Free- port keeping the Internet tax-free, and HEEN. dom Act is legislation I strongly sup- the vast majority of Congress supports As she has stated, New Hampshire port. This legislation is going to pre- it. In fact, just this week the House doesn’t have a sales tax. There is abso- vent taxes over the Internet, taxing voted to make this ban on Internet lutely nothing fair about the so-called the Internet that could hit all of us in taxation permanent. The Internet Tax Marketplace Fairness Act, especially some way, so that we can protect the Freedom Act could pass the Senate and for a State such as New Hampshire. It freedom of the Internet and the growth

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE July 17, 2014 CONGRESSIONAL RECORD — SENATE S4601 we have seen on the Internet. It is are antithetical. One works against the are even greater sanctions that can be widely supported on both sides of the other. One ensures the freedom of the imposed if the sanctions that were an- aisle, as my colleague from New Hamp- Internet to be tax-free and the other nounced yesterday by the administra- shire said. one creates new burdensome require- tion that involve some sectoral sanc- So the irony is that here we have an ments on online businesses and actu- tions against major industries in Rus- act that is so widely supported—the ally works against, in my view, the sia and individuals—if they do not heed Internet Tax Freedom Act—providing a thriving commerce we see over the the warning that is coming from those tax-free Internet—and the majority Internet and has resulted in more sanctions, I hope Vladimir Putin and leader decides to attach to it the so- choice for all of us as consumers in this the Russian Government understand called Marketplace Fairness Act, country. there are much tougher sanctions that which is really the Internet sales tax MALAYSIAN AIRLINES CRASH can also be imposed if they do not heed collection act. That legislation creates Madam President, we all learned the sanctions that were put in place new onerous burdens on online busi- today, very shockingly, that there was yesterday and stop fueling the violence nesses to become the tax collectors for a Malaysian Airlines flight shot down in Eastern Ukraine. over 9,000 tax jurisdictions. We can see over Eastern Ukraine and that, report- We need to understand the context of the irony of it. Here we have bipartisan edly, 295 people lost their lives in that what we have seen happen in Eastern support for freedom from taxes on the incident. Reportedly, 23 Americans Ukraine. The separatists, the so-called Internet that should be extended to were listed on the manifest. I wish to separatists, in Eastern Ukraine are allow the Internet to thrive and grow offer my thoughts and prayers to the funded, equipped, and supported by the and continue to grow, and the majority families of the victims of that plane Kremlin. Vladimir Putin could end the leader, without a hearing—because that went down over Eastern Ukraine, violence in Eastern Ukraine tomorrow when he rule XIV’s it, there is no com- and I want them to know they are in if he chose to. He essentially has oper- mittee hearing. It doesn’t go through our thoughts and in our prayers. ational control of what these violent the committee process where we can I wish to raise the issue as following: separatists are doing to interfere with have hearings on the burdens this will There is an investigation going on. We the sovereignty in Ukraine. He is re- place on online commerce and on on- don’t know yet who is responsible or if sponsible for the violence, and I would line businesses not only in my home anyone is responsible. The facts will call on him to end that violence, to State of New Hampshire but in other come forward as to why this plane stop funding these separatists, to stop businesses across the country. There went down. But it has been widely re- providing them with equipment that is was no hearing for this. It is an issue ported that the plane was, in fact, shot being used against the Ukrainian peo- both sides of the aisle agree with: Let’s down. Some of the reports have said it ple and the Ukrainian military, and to keep the Internet tax-free. Then the was done by a medium-range surface- allow the people of Ukraine to deter- majority leader attaches onto it with to-air missile system. mine their future. That is what they no hearing, under rule XIV, this oner- We know that most recently there want. ous requirement which I like to call has been tremendous violence in East- I had the privilege of going to the Internet sales tax collection act. Of ern Ukraine. If the investigation of Ukraine for their Presidential election, course, in Washington, they always this plane going down reveals that ei- and I was inspired by the people who name these acts to make us think it ther Russia or Russian agents are re- went to the polls. I will never forget sounds good, so they call it the Mar- sponsible or indirectly responsible for being there at the first polling station ketplace Fairness Act. That is the shooting down this civilian airliner, that day in the Presidential election irony. Only in Washington would we there should be serious consequences. and an older gentleman came to the What we know is that Vladimir Putin have rammed this through this process, polls and cast his ballot and said: For and the Russians have been responsible without a committee hearing—legisla- democracy. in fomenting the situation that has oc- The people of Ukraine want to deter- tion that protects Internet freedom, curred in Eastern Ukraine where there mine their own future, just as we de- that has strong bipartisan support, at- has been violence, there has been re- termine our future in this country. tached with it new onerous burdens on cruiting, training, and funding of Rus- Vladimir Putin and Russia should Internet businesses to become the sales sians and Russian agents, sending them allow the people of Ukraine to decide tax collectors for the Nation. to Eastern Ukraine to fight the I join in what my colleague from New their future. They should stop inter- Ukrainian Government, interfering fering with the sovereignty of Ukraine. Hampshire just said. I think it is wrong with the sovereignty of Ukraine. This This is not a Ukrainian uprising of that this bill is being pushed forward was following the illegal invasion and disenfranchised Russian-speaking with the Internet Tax Freedom Act annexation of Crimea, the territory of Ukrainians. What is happening in East- that has such strong support, that Ukraine, by the Russian Government, ern Ukraine is a Kremlin-instigated, should be brought to this body as a and the Russians have taken over that armed, funded, trained, and fueled ag- stand-alone bill, not with these new portion of Ukraine. gression against the people of Ukraine burdensome requirements that are set We will wait to see what the inves- and their duly elected government. forth in the so-called Marketplace tigation reveals for the downing of this This is cynical and blatant aggres- Fairness Act, otherwise known as the plane. Our prayers are with the fami- sion by Putin against Ukraine, and Internet sales tax collection act. The lies who have lost loved ones. But I be- Putin continues to undermine Ukrain- people of this country deserve to have lieve there should be serious con- ian sovereignty and security by arming a free, tax-free Internet. The online sequences if we find out it was either these separatist rebels, massing Rus- businesses of this country that are Russian agents, Russian equipment, or sian troops at the border of Eastern thriving and growing shouldn’t become Russia directly that was responsible Ukraine in a very threatening way, and the tax collectors for States and mu- for this airliner going down. also threatening to increase further co- nicipalities that are greedy for more Yesterday the administration an- ercive measures against Ukraine. revenue. It is their job to collect their nounced it would impose and was im- The people of Ukraine need our help. taxes. It shouldn’t be an online posing greater sanctions on Russia for The Ukrainian people are willing to business’s job to collect taxes for over their activities of fomenting violence risk their lives and have been risking 9,000 jurisdictions, because we can only in Eastern Ukraine. their lives to defend the sovereignty of imagine how many changes will happen I want to thank the administration their country against President Putin’s and what kind of paperwork nightmare for finally coming forward and putting aggression, but the Ukrainian Govern- that will create for those businesses. I forth more serious sanctions against ment desperately needs our assistance. have heard it from our businesses first- Vladimir Putin, against the Russian In particular, the prior administra- hand. Government, for what they have done tion of Ukraine that left—President I hope this body will oppose any ef- to interfere with the sovereignty of Yanukovych was very aligned with fort to vote for a bill that connects Ukraine. Russia—gutted their military and Internet tax freedom with Internet It is an important step forward, and I much of the equipment they need to be sales tax collection, because the two hope Vladimir Putin understands there able to defend themselves.

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S4602 CONGRESSIONAL RECORD — SENATE July 17, 2014 Let me say, they have gone there and pened, but we will find out, with the Unfortunately, Vladimir Putin has bravely defended themselves, even downing of this commercial passenger been a bully in all of this and has not without having some of the equipment plane and the tragic loss of 295 individ- respected the sovereignty of Ukraine. they need that was really lost by their uals. Over the last month, we have seen He should understand the sanctions military because of the prior adminis- that on June 14 pro-Russian separatists that were issued this week are a mes- tration and neglect of the Ukrainian shot down a Ukrainian military trans- sage to him to stop what he is doing in military. port, killing all 49 people on board; on Eastern Ukraine, and we can issue even Ukrainians need assistance—and not June 16, Gazprom—Russia’s giant tougher sanctions—and should issue only the sanctions the administration state-controlled gas company—an- tougher sanctions—if he continues to has issued, which could get tougher but nounced they are cutting off gas sup- act like a bully who thinks he can go they need military assistance from our plies to Ukraine. into other countries, take their terri- country. Just this Monday, a Ukrainian cargo tory, and push people around in those We have to keep in mind the Ukrain- plane was shot down and Ukrainian of- countries, as we have seen in Ukraine. ians gave up their nuclear weapons ficials believe it was shot down by mis- This matters to the world because we under the Budapest Memorandum. In siles fired from Russia. cannot have people like Putin thinking return—our country, the Russians, Last night, a Ukrainian fighter jet they can invade another country with- were signatories to the Budapest was shot down. Ukrainians also believe out consequences. Memorandum—in return for security the Russians were involved in shooting Finally, I would hope we would pro- assurances, the least we can do for down that fighter jet. vide more support to the Ukrainian them is give them the means to defend We will find out what happened to military, given that they have been themselves. this passenger plane but it was in air- willing to stand for their own defense, I know the Ukrainian Government space where there have been instances to secure their own border, to stand for has asked us for antitank weapons, of Russian agents directly involved in their own sovereignty, but it is very antiaircraft weapons, small arms, the shooting down Ukrainian planes. difficult for them to do so when they sharing of intelligence so they can de- So it is important that we give the are facing Russian-supported separat- fend their own border. It is the least we Ukrainian people the capacity to de- ists, Russian tanks, Russian anti- can do for them, given that they gave fend themselves under those cir- aircraft equipment, and more sophisti- up their nuclear weapons. cumstances. It is the least we can do, cated technology than they have at the What country is going to give up given that they are willing to stand up moment. their nuclear weapons again if we will for their own sovereignty, that they We can help them by ensuring that not even give them some basic military are strong friends of the United States they have the equipment to protect assistance so they can defend them- of America. If our allies in the region themselves, to protect their border, selves? They are not asking us to send think we will not stand with the sov- and to let Russia know there will be our troops in. They are not asking for ereignty of Ukraine under these situa- consequences if they continue to inter- things like that. They are willing to tions, it is going to create a situation fere with the sovereignty of Ukraine or defend themselves and they need our where our allies will not feel they can any other country. help to do so. rely on the United States of America. I thank the Chair. Finally, President Obama said in his It also creates a situation where al- I suggest the absence of a quorum. June 4 speech in Poland: ‘‘Our free na- lies, friends, rivals, bullies, potential The PRESIDING OFFICER (Ms. WAR- tions will stand united so that further adversaries take the wrong message REN). The clerk will call the roll. Russian provocations will only mean from it. For example, thinking about The assistant legislative clerk pro- more isolation and costs for Russia.’’ I what is happening right now with the ceeded to call the roll. call on the President to continue to negotiations with Iran, if we are a Mr. SESSIONS. Madam President, I take action and to stand by those country not willing to follow through ask unanimous consent that the order words. Those words meant a lot to the to assist our friends—under cir- for the quorum call be rescinded. Ukrainian people, and it is important cumstances where, for example, The PRESIDING OFFICER. Without that we follow through on those words Ukraine gave up its nuclear weapons— objection, it is so ordered. because it is in the national security with some basic military support, what STEM JOBS interests of the United States to stand kind of message will that send to the Mr. SESSIONS. Madam President, with the people of Ukraine and their le- negotiations going on with Iran right three of our greatest ‘masters of the gitimately elected government as they now as to why they should give up universe’—as I like to refer to them— seek to protect their sovereignty. their nuclear program? have joined in an op-ed in the New If we are not willing in these cir- So this is a very important moment York Times just last week to share cumstances to stand by giving them for the United States of America. I their wisdom from on high and to tell some basic military support they have again want to say that the steps the us in Congress how to do our business asked for, after having given up their administration took to impose addi- and to conduct immigration reform nuclear weapons, then what lessons tional sanctions this week are a very they think should be pleasing to them. will other actors in the region and important step. I support those. I hope I am sure other super billionaires around the world take from that? Vladimir Putin and Russia heed what would be glad to join with these three I think lesson No. 1 is: Why would those sanctions mean. Those sanctions super billionaires and could agree on you ever give up your nuclear weapons? will have an impact on the Russian legislation that would be acceptable to In a world where we are hoping to re- economy, but we can impose even them. duce proliferation, this is not a good stronger sanctions against Russia if Sheldon Adelson, Las Vegas casino message for us to send. they do not stop funding and causing magnet and Republican supporter; No. 2: What will our allies in the re- the violence in Eastern Ukraine and Warren Buffett, the master investor; gion think if we will not stand against interfering with the sovereignty of the and Bill Gates, the master founder of Russian aggression under these cir- Ukrainian people. Microsoft computer systems, all super cumstances? The people of Ukraine have our re- billionaires, apparently aren’t happy. You have already seen concerns, of spect. They have stood for themselves. They don’t have much respect for Con- course, by the countries in the region They had a free and fair election that gress and, by indirection, the people that can be impacted by Russian ag- I was able to observe. They elected who elect people to Congress, it ap- gression, whether it is Georgia, their President, and now they want to pears from the tone of their article— Moldova—concerns we have seen for determine their own future, and they you know, American people, that great further support from Poland, impor- want Russia to respect the sovereignty unwashed group; nativists, narrow- tant allies in the region. of their country—what any country in minded patriots, possessors of middle- To put it in perspective of why we this world should be able to expect: class values. They just don’t under- need to give this military support—in that another country will respect their stand as we know, we great executives addition, we do not know what hap- sovereignty. and entrepreneurs.

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE July 17, 2014 CONGRESSIONAL RECORD — SENATE S4603 So they declare we need to import ing, mathematics—don’t have jobs in job, good luck. A National Academies report more foreign workers in computer STEM fields. According to a recent suggests a glut of life scientists, lab workers, science, technology, and engineering, newspaper from the Economic Policy and physical scientists, owing in part to over-recruitment of science-Ph.D. candidates because the country is ‘‘badly in need Institute: by universities. And postdocs, many of whom of their services.’’ They say we are ‘‘Guestworkers may be filling as are waiting longer for academic spots, are badly in need of importing large num- many as half of all new information opting out of science careers at higher rates, bers of STEM graduates. That is some- technology jobs each year.’’ according to the National Science Founda- thing we have all heard and many of us It goes on. ‘‘IT workers earn the tion. have perhaps assumed is an accurate same today as they did, generally, 14 This is serious. There is a policy thing. years ago.’’ Wages aren’t going up, and question, and he questions whether These three individuals, all generous in many cases they are going down. Members of Congress who don’t pass men, have contributed to a lot of That is an absolute refutation, I laws like he wants on immigration are causes, and I am teasing them a lit bit. think—if you believe in the free mar- honoring their duty to the 300 million They didn’t mind sticking it to Con- ket—of any contention that we have a Americans whom we collectively rep- gress, so I just tease them and push shortage of engineering, science, and resent. back a little bit. STEM graduates. I feel a deep duty to the millions of They particularly praised the Senate The paper further says: ‘‘Currently, Alabamians I represent and the whole for its elimination of any limits on the only one of every two STEM college country, and I do my best every day to number of work visas that could be graduates is hired in a STEM job each ask what is in their interests. As far as awarded to immigrants who have a de- year.’’ So only half of them find a job I am concerned, so far as I can see, gree in science, technology, engineer- in the profession they trained for. those three billionaires have three ing, and mathematics and have a job Another finding of the paper: ‘‘Poli- votes. An individual who works stock- offer. cies that expand the supply of guest ing the shelves at the grocery store, This is the op-ed in the New York workers will discourage U.S. students the barber, the doctor, the lawyer, the Times last Thursday: ‘‘Sheldon from going into STEM fields, and into cleaners, the operator, and the person Adelson, Warren Buffett, and Bill IT in particular.’’ who picks up our garbage are every bit Gates on Immigration Reform.’’ Get that. Is that not common sense? as valuable as they are. I know who I What did we see in the newspaper If anybody would dispute that, I would represent. I represent the citizens of today? News from Microsoft—was it like to hear it. The policies that ex- the United States of America, and I am that they are having to raise wages to pand the supply of eligible workers in trying to do what is in their best inter- try to get enough good, quality engi- any field will tend to discourage peo- ests. And just as it is not always true neers to do the work? Are they expand- ple, particularly in science and engi- what is good for General Motors is ing or are they hiring? No, that is not neering, if they feel like they are going good for America, likewise, what may what the news was, unfortunately. Not to have a difficult time finding a job. be good for Mr. Adelson and Mr. Micro- at all. That is common sense, and that is soft and Mr. Buffett is not always in This is the headline in USA Today: what the paper found. accord with what is good for the Amer- ‘‘Microsoft to cut up to 18,000 jobs over Now, Mr. Hal Salzman—I am familiar ican people. I know that. They are free next year.’’ with his work. He is a professor at Rut- to express their opinion, but I am going Microsoft confirmed it will cut up to 18,000 gers University and a labor specialist. to push back. jobs over the next year, part of the tech ti- He has done a good bit of work in this How many people come into our tan’s efforts to streamline its business under area. And what do his findings show? country each year as guest workers? a new CEO . . . He determined: ‘‘For the 180,000 or so We have discussed that. The Senate bill That is a significant action. Indeed, openings annually, U.S. colleges and which Senator REID maneuvered Microsoft employs about 125,000 people, universities supply 500,000 graduates.’’ through the Senate not too many and they are laying off 18,000. The com- More than twice as many people weeks ago would double the number of pany laid off 5,000 in 2009. Yet their graduate in STEM fields as jobs are guest workers. How many is that? The founder and former leader, Mr. Gates, available in America for them to take. Associated Press wrote: says we have to have more and more Bob Charette, at the Institute of Although no one tracks exactly how many people come into our country to take Electrical and Electronics Engineers, H–1B guest workers come to take jobs these those kinds of jobs. writes: ‘‘Wages for U.S. workers in are visas for jobs in fields like computers It is pretty interesting, really. We computer and math fields have largely and technology—how many of these are in the United States? The AP says ‘‘experts es- need to be thinking about what it all stagnated since 2000.’’ timate there are at least 600,000 at any one means and ask ourselves: What is the That is 14 years ago. time.’’ situation today for American grad- Even as the Great Recession slowly re- That is a lot. These are individuals uates of STEM degrees and technology cedes, STEM workers at every stage of the not on a citizenship path. They are in career pipeline, from freshly minted grads to degrees? Do we have enough? And do addition to the 1 million who come to we need to have people come to our mid- and late-career Ph.D.s, still struggle to find employment. America each year lawfully to become country to take those jobs? Or, indeed, citizens of America. They simply come do we not have a shortage of workers, In total, Charette reports that there are more than 11 million Americans in at the behest of some business to and do we have difficulty of people take a job for a limited period of time. with STEM degrees who don’t have finding jobs? That is important. There are other STEM jobs. These are some of the facts I think visas these businesses can get too, but we should look at. President Obama, Harvard Professor Michael Teitelbaum has recently written a H–1B is one of the largest. A paper for Senate Democrats, and House Demo- the Economic Policy Institute ex- book. He explained: crats have endorsed a proposal, a bill plained the annual inflow of guest that passed the Senate, that would Far from offering expanding attractive ca- reer opportunities, it seems that many, but workers for the computer industry in double the H–1B foreign workers that particular is massive. come into America for one reason—not not all, science and engineering careers are headed in the opposite direction: unstable We estimate that during fiscal 2011, 372,516 to be a citizen, not to stay indefinitely, careers, slow-growing wages, and high risk of high-skill guest workers were issued visas to but to take a job, double the number, jobs moving offshore or being filled by tem- enter the U.S. labor market, and, of these to come to take a job for several years. porary workers from abroad. workers, between 134,000 and 228,000 were The great majority of these guest Michael Anft, with the Johns Hop- available for IT employment. workers are not farm workers. They kins Magazine, observed: That is information technology. take jobs throughout the economy. You’re a biologist, chemist, electrical engi- The supply of IT guest workers appears to So how should we think about this? neer, manufacturing worker, mechanical en- be growing dramatically despite stagnant or The U.S. Census Bureau reports that gineer, or physicist, you’ve most likely seen even declining wages. three-fourths of American with STEM your paycheck remain flat at best. If you’re But Microsoft and its allies want degrees—science, technology, engineer- a recent grad in those fields looking for a more.

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S4604 CONGRESSIONAL RECORD — SENATE July 17, 2014 Here is an excerpt from a report Marriott International, Hilton World- straight face at a time when tens of millions issued by the Partnership for a New wide, Hyatt Hotels Corporation, of Americans are unemployed,’’ writes the American Economy. This is the front McDonald’s, Wendy’s, The Cheesecake Center for Immigration Studies, which group for the pro-immigration crowd. Factory, Johnson & Johnson, Hewlett- strongly opposes the Senate Gang of Eight bill. . . . The companies claim the bill is an It is co-headed by Steve Ballmer, a re- Packard, General Mills, and many ‘‘opportunity to level the playing field for cent Microsoft CEO. He left Microsoft more.’’ All of them ‘‘want to see in- U.S. employers’ but it is more of an effort to in February, but he is the co-head of creases in immigration levels for low- level the wages of American citizens.’’ this group and is lobbying for more H– skill as well as high-skill workers in Mr. York goes on to say this in his 1B guest workers to come to take jobs. addition to a path to full citizenship next article. The next month, he writes They say: ‘‘In many STEM occupa- for the millions of immigrants in the another article on the subject. tions, unemployment is virtually non- United States currently illegally.’’ existent.’’ That is their agenda. This week, the pharmaceutical giant This is not so. They declare it to be The article goes on to say: ‘‘a new Merck announced it would cut 8,500 jobs in so. They say: immigration law, the corporate officers an effort to remain competitive in a rapidly changing drug industry. Earlier this year There is no evidence that foreign-born say, ‘would be a long overdue step to- Merck announced plans to cut 7,500 jobs, STEM workers adversely affect the wages of ward aligning our nation’s immigra- bringing the total of workers let go to 16,000. American workers by providing a less expen- tion policies with its workforce needs In all, Merck intends to lay off one out of sive alternative source of labor. at all skill levels . . . ’ ’’ every five of its employees. I would say at a time of high unem- What planet are they on? Wages are Well, what is Merck, this great cor- ployment we need to be careful. The ar- declining. Median income in America poration, doing politically about the ticle goes on to say, ‘‘at the . . . time today—well, according to the Wall situation? Street Journal, it was approximately the corporate officers seek higher num- $55,000 for a family in 2007. It is now bers of immigrants, both low-skill and I will quote from the article. This is closer to $50,000. It dropped roughly high-skill, many of their companies are what they are doing politically: $5,000. Somebody needs to talk about laying off thousands of workers.’’ At the same time, top Merck officials are that. So he did a little research. All these urging Congress to loosen the nation’s immi- Is unemployment in these industries companies in need of workers. What gration laws to allow more foreign workers into the United States. In a Sept. 10 letter— ‘‘virtually non-existent’’? That is what about Hewlett-Packard? They signed they are telling us. They are spending the letter demanding more workers. I —this is last September— millions of dollars even running TV ads will quote from the article. —to House Speaker John Boehner and Major- to promote bringing in more workers For example, Hewlett-Packard, whose Ex- ity Leader Nancy Pelosi, Merck Executive than the 600,000 we have today. They ecutive Vice President for Human Resources Vice President for Human Resources Mirian want to double that number. I am not Tracy Keogh signed the letter, laid off 29,000 Graddick-Weir urged that the U.S. admit talking about the 1 million who al- employees in 2012. In August of this year, more high- and low-skilled immigrants to Cisco Systems, whose Senior Vice President ready come lawfully every year ‘‘address the reality that there is a global and Chief Human Resources Officer Kathleen war for talent’’ and to ‘‘align our nation’s through immigration in America. We Weslock signed the letter, announced plans immigration policies with its workforce have one of the most generous immi- to lay off 4,000—in addition to 8,000 cut in the needs at all skill levels to ensure U.S. global gration policies in the world. These last two years. United Technologies, whose competitiveness.’’ guest workers are in addition to the 1 Senior Vice President for Human Resources Well, we have too many people unem- million we let in each year on a perma- and Organization Elizabeth B. Amato signed ployed. The number of people unem- nent basis. the letter, announced layoffs of 3,000 this ployed in our country is not accurately Look at these recent headlines. year. American Express, whose Chief Human Re- reflected by the simple unemployment Today: ‘‘Microsoft To Cut Workforce sources Officer L. Kevin Cox signed the let- data we get. When you look at the By 18,000 This Year, ‘Moving Now’ To ter, cut 5,400 jobs this year. Proctor & Gam- number of people in the actual work- Cut First 13,000.’’ ble, whose Chief Human Resources Officer force, you find we have the lowest How about this headline: ‘‘[Google- Mark F. Biegger signed the letter, an- workplace participation, the lowest owned] Motorola To Cut 10% Of Work- nounced plans to cut 5,700 jobs in 2012. number of workers as a percentage of force After Laying Off 20% Last Year.’’ Those are a just few of the layoffs at the population at any time since the ‘‘Panasonic To Cut 10K More Workers companies, the article said, whose offi- 1970s. It has been declining steadily. It In The Next 5 Months.’’ cers signed the letter. ‘‘[Online media and advertising com- is a fact. Everybody knows it. It is not A few more: T-Mobile announced 2,250 lay- disputed. If anybody wants to dispute pany] CityGrid Lays Off 15% Of Its Em- offs in 2012. Archer-Daniels-Midland laid off ployees.’’ 1,200. Texas Instruments, nearly 2,000. Cigna that, come to the floor and tell me ‘‘Hewlett-Packard: 27,000 Job Cuts to 1,300. Verizon sought to cut 1,700 jobs . . . where I am wrong. And they won’t be- Save Up To $3.5B By 2014.’’ Marriott announced ‘hundreds’ of layoffs cause it is well accepted and Demo- I would say things aren’t going as this year. International Paper has closed crats and Republicans are talking well as some would suggest, and the de- plants and laid off dozens. openly about it, because it is a serious mand out there for workers ought to be —including an old, big plant with 1,000 challenge for America. We don’t have met from our current supply. workers or so in north Alabama— enough people working. We have got Byron York, an excellent writer at And General Mills, in what the Min- too many people living off the govern- the Washington Examiner, wrote about neapolis Star-Tribune called a ‘rare mass ment and relying on federal aid and as- this late last year in the Washington layoff,’ laid off 850 people last year. sistance. We need to create jobs for Examiner. The headline is: ‘‘Companies ‘‘There are more still.’’ I am quoting Americans first before we bring in for- lay off thousands, then demand immi- here from Mr. Byron York’s article: eign workers to take those jobs. We are gration reform for new labor.’’ In all, it’s fair to say a large number of going to help our people sustain their corporate signers of the letter demanding life. We make sure they have food and On Tuesday, the chief human resource offi- more labor from abroad have actually laid cers of more than 100 large corporations sent housing and aid if they are unable to off workers at home in recent years. To- a letter to House Speaker John Boehner and work and don’t have enough to live on, gether their actions have a significant effect Minority Leader Nancy Pelosi urging quick and we provide health care for them on the economy. According to a recent Reu- passage of a comprehensive immigration re- and education for their children. But ters report, U.S. employers announced 50,462 form bill. layoffs in August, up 34 percent from the pre- we need to help them find work first Don’t read it, don’t worry about it, vious month and up 57 percent from August before we bring somebody else to the just pass it. It gives us more workers, 2012. country. and we need those workers, is essen- This is last August. I am quoting I would say to my free market busi- tially, what they have been saying. from the article: ness friends, I don’t think you can win ‘‘The officials who signed the letter ‘‘It is difficult to understand how these the argument that we have a shortage represent companies with a vast array companies can feel justified in demanding of labor, because wages are down. I of business interests: General Electric, the importation of cheap labor with a know you believe in free markets. I

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE July 17, 2014 CONGRESSIONAL RECORD — SENATE S4605 know you believe that things will bal- age.’’ It is an op-ed by Michael ten a number of books on this. He did ance out in a competitive world. If Teitelbaum, a senior research associate an comprehensive study using census wages are down, that indicates we have at Harvard Law School. data and Department of Labor data and a loose labor market, not a tight labor A compelling body of research is now avail- concluded that from 1980 to 2000, as a market. Wages go up when there are able, from many leading academic research- result of America’s high immigration not enough employees, and businesses ers and from respected research organiza- levels, the wages of lower-skilled US have to pay more to get good employ- tions such as the National Bureau of Eco- workers declined by 7.4 percent. ees. Family income has gone down nomic Research, the RAND Corporation, and The impact of this large flow of im- from 2007, as I said, from approxi- the Urban Institute. migration from 1980 to 2000 reduced No one has been able to find any evidence mately $55,000 median household in- indicating current widespread labor market wages. We already bring in a million come to $50,000, adjusted for inflation. shortages or hiring difficulties in science and people a year, plus hundreds thousands This is a very unusual decline. I am not engineering occupations . . . more guest workers. I am not against sure we have seen anything like quite He goes on to write, as I read before: immigration. What I am opposed to, this before, at least since the Great De- however, is an immigration policy that From offering expanding attractive career pression. This is a matter we need to opportunities, it seems that many, but not fails to serve the needs of the people talk about. ‘‘Watching firms fire Amer- all science and engineering careers are head- living here today. The myth is we have ican workers while appealing for more ed in the opposite direction: unstable ca- this great shortage of labor. It is just immigration is a disheartening spec- reers, slow-growing wages, and high risk of not so. If he allowed the labor market tacle’’, Mr. Byron York says. And I jobs moving offshore or being filled by tem- to tighten, wages would increase, more think that is true. porary workers from abroad. Americans would take some of these This is another Associated Press arti- I am afraid that is the undisputed re- jobs and be able to raise a family, buy cle: ‘‘Backlash Stirs in US Against ality. I wish it were not so. I wish we an automobile, and maybe even buy a Foreign Worker Visas.’’ had a growing economy that would cre- house and educate their children. But amid calls for expanding the so-called ate a lot of jobs and a lot more high- Today I am going to issue a challenge H–1B visa program, there is a growing tech workers and that wages were to Majority Leader REID, and every sin- pushback from Americans who argue that going up. But it is just not so. gle one of our 55 Senate Democrats, the program has been hijacked by staffing Here is an article from July 11, in who voted unanimously for this Gang companies that import cheaper, lower-level CNNMoney. The headline is: ‘‘Busi- of 8 bill. workers to replace more expensive U.S. With Microsoft laying off 18,000 work- workers—or keep them from being hired in nesses Want Immigration Reform. the first place. Why? Because they can’t find enough ers, come down to the Senate floor and ‘‘It’s getting pretty frustrating when you workers.’’ That is what they say the tell me there is a shortage of qualified can’t compete on salary for a skilled job,’’ answer is. Americans to fill STEM jobs. Come said Rich Hajinlian, a veteran computer pro- This article notes the complaints of down and tell us. Do you stand with grammer from the Boston area. ‘‘You hear various business lobbyists. For in- Mr. Bill Gates or do you stand with our references all the time that these big compa- stance: American constituents? nies . . . can’t find skilled workers. I am a It is long past time we had an immi- skilled worker.’’ The tech industry faces a backlog of work- ing visas for high skilled workers. The long gration policy that truly served the How about this? They say there is a wait for green cards at top universities needs of the American people. That is STEM crisis—which is Science, Tech- means the U.S. is losing [talent]. . . . Micro- the group to whom we owe our loyalty nology, Engineering, and Mathematics. soft founder Bill Gates and others CEOs like and duty and first responsibility. That They say there are not enough STEM Yahoo’s Marissa Mayer and Facebook’s Mark is who elected us, and that is in our graduates to fill vacant jobs. Zuckerburg, have all pressed Washington constitutional system, which ulti- leaders for an immigration [reform]. This article says: ‘‘The STEM Crisis mately judges us on our performance. Is a Myth.’’ This is a paper by Robert CNN also includes this statement The United States let in 40 million Charette, contributing editor for the from another group demanding Con- new immigrants legal and illegal— Industrial Institute of Electrical and gress provide more workers: since 1970. There are many wonderful Electronic Engineers magazine. He Two-thirds of construction companies have people in that group. But Washington says: reported labor shortages according to the As- actually hurts both our immigrant Companies would rather not pay STEM sociated General Contractors of America, workers and US-born workers alike professionals high salaries with lavish bene- who is pushing for immigration reform. when we continue to bring in record fits, offer them training on the job, or guar- So two-thirds of construction compa- numbers of new workers to compete for antee them decades of stable employment. nies reported labor shortages. Well, So having an oversupply of workers, whether jobs. The share of the population today domestically educated or imported, is to what do we know about that? that is foreign-born has quadrupled. It their benefit. Here is a May 5 article from Eco- has gone up four-fold in forty years. That is in part because it helps keep wages nomic Policy Institute by Ross After four decades of large-scale immi- in check. Eisenbrey. They cite an in-depth study gration, is it not time, colleagues, that Viewed another way, about 15 million U.S. about the labor market. we slow down a bit, allowed wages to residents hold at least a bachelor’s degree in The headline says: ‘‘There are Seven rise, assimilation to occur, and the a STEM discipline, but three-fourths of Unemployed Construction Workers for them—11.4 million—work outside of STEM. middle class to be restored? If there is in fact a STEM worker shortage, Every Job Opening.’’ I thank the chair and yield the floor. wouldn’t you expect more workers with There is a chart showing the drop in The PRESIDING OFFICER (Mr. MAR- STEM degrees to be filling those jobs?’’ wages. This isn’t some promoter, some KEY). The Senator from Vermont. I think that is correct. lobbyist or some media consultant put- Mr. LEAHY. I suggest the absence of What about the people who immi- ting out a self-serving statement a quorum. grate to America? They can’t get a job claiming we have a shortage of work- The PRESIDING OFFICER. The because somebody else was brought in ers. This is an academic study. Again, clerk will call the roll. to take that job from them. What are what does it say? ‘‘No Sign of Labor The assistant legislative clerk pro- they going to do? Shortages in Construction: There are ceeded to call the roll. The economy can absorb a certain Seven Unemployed Construction Work- CELEBRATING GOVERNOR PHIL HOFF’S 90TH number, but in this low job-wage low- ers for Every Job Opening.’’ BIRTHDAY job creation economy we are in today, That is where we are. What we need, Mr. LEAHY. Mr. President, I ask and have been in for a number of years, as a Nation, is to construct an immi- unanimous consent that the order for you simply cannot justify these huge gration policy that serves the interests the quorum call be rescinded. increases in the number of workers we of the American people. The PRESIDING OFFICER. Without have brought into the country, espe- Professor Borjas at Harvard is per- objection, it is so ordered. cially when wages are falling. haps the most astute and renowned ex- Mr. LEAHY. Mr. President, we come Here is another article: ‘‘The Myth of pert on labor and immigration of any- to the floor oftentimes to discuss the Science and Engineering Short- body in the entire world and has writ- issues of portent to the Nation, but the

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S4606 CONGRESSIONAL RECORD — SENATE July 17, 2014 distinguished Senator from Vermont Democratic Governor elected in Vermont, especially in the area of edu- and I wish to speak about one of the Vermont in over a century. cation. So she in her own right has most significant people Vermont has My parents and Marcelle’s parents been a very important figure in our ever known. were so fond of Phil Hoff and his wife State. I wish to yield to my distinguished Joan. They thought the world of them. After Phil Hoff’s graduation from colleague from Vermont and we will go I was happy the other day in seeing Cornell Law School, he and Joan back and forth. both Phil and Joan at his birthday moved to Burlington, VT, in 1951. Deep- Mr. SANDERS. I thank Senator celebration. They talked about my par- ly committed to social justice, he be- LEAHY for yielding. ents and Marcelle’s parents, but I told came involved in Democratic Party The PRESIDING OFFICER. The Sen- them I wouldn’t be where I am today politics and did that despite the fact ator from Vermont. without Governor Hoff. that he grew up in a Republican fam- Mr. SANDERS. Mr. President, every I was a young lawyer in his office. ily. now and then there are figures who There had been a real problem in the Senator LEAHY will remember that come along who play a profound and State’s attorney’s office in Chittenden way back then, there was a group of transformative role in the period in County, VT, which is about one-quar- what they called the Young Turks— which they are living. Phil Hoff is one ter of our State’s population. The younger Democrats who came into a of those people. We are here to cele- State’s attorney announced he was very conservative Republican legisla- brate his 90th birthday and the work he leaving and Governor Hoff called me to ture. Most of them were under 40. has done in Vermont and around the his home on Friday afternoon and said: Many of them were veterans of World country and the life he and his wife I want you to be State’s attorney on War II. They moved forward to try to Joan have lived, both of whom have Monday morning. bring about some long needed change done so much for the people of the I gulped, and I said: Yes, sir. in the State. State of Vermont. He said: Clean up the backlog of Their experience in the legislature Phil Hoff was the 73rd Governor of cases that have accumulated in the of- motivated Phil Hoff to run for Gov- the State of Vermont. He was in many fice. ernor in 1962. As Senator LEAHY indi- ways the founder of progressive politics I said: Yes, sir. cated, if my memory is correct, he was in our State. It is now recognized—and He said: Do that for 1 year and then the first Democrat elected Governor we say this proudly, although not ev- come on back to our firm. since the Civil War; is that right? erybody necessarily is as proud of it as And I said: Yes, sir. Mr. LEAHY. Mr. President, my col- we are—but Vermont is now one of the The one thing I didn’t do is I didn’t league is absolutely correct. It was a more progressive States in the United come back to the firm; I enjoyed being cataclysmic change in the political States of America. We have been a there so much, I stayed there. I stayed landscape of Vermont. Mr. SANDERS. For more than 100 leader for the rights of working people, there, though, with admiration for Phil years—I think many people don’t know for the environment, for women’s Hoff because he had changed the State this—the Republican Party dominated of Vermont. He made it exciting to be rights, for gay rights, for kids, and we Vermont politics, controlling both in government in Vermont. He made it are proud of that, but none of that Houses of the legislature and the Gov- exciting to be part of the fabric of would have happened—we would not be ernor’s office. where we are today—if it had not been Vermont. I have always appreciated This is a funny story. Even in the for the work of Phil Hoff, who has Gov- that. I have always appreciated my landslide Presidential election of 1936, ernor of our State and was elected in time with him but especially the men- when FDR—Franklin Delano Roo- 1962. toring he offered me. If it had not been sevelt—won a huge landslide victory, I am going to yield to my colleague for him, I can tell my colleagues, I Vermont joined Maine as the only Senator LEAHY now. I have a lot more would not be standing here today as State in the country to vote against I wish to say, but let me begin the dis- the President pro tempore of the U.S. Roosevelt and vote for Alfred Landon, cussion by saying that we in Vermont Senate. and thus came the well-known expres- are extraordinarily fortunate that one I yield back to my friend from sion: ‘‘As goes Maine, so goes of the great Governors of his time is a Vermont. Vermont.’’ What Phil Hoff helped do is real visionary, a man who led the be- Mr. SANDERS. Mr. President, way lead Vermont out of a one-party State, ginning of making profound changes in back in 1968 as a young man, I got a job badly in need of reforms, and brought the State of Vermont. at the Department of Taxation in a that State in many significant ways I yield back to the senior Senator small building on State Street across into the second half of the 20th cen- from Vermont, Mr. LEAHY. the street from the statehouse, work- tury. The PRESIDING OFFICER. The sen- ing for the administration, then-Gov- I yield back to the senior Senator ior Senator from Vermont. ernor Hoff, and that was a very impor- from Vermont. Mr. LEAHY. Mr. President, my dis- tant experience for me and helped me Mr. LEAHY. Mr. President, I thank tinguished colleague from Vermont is shape some of my views which I carry my colleague from Vermont. He and I absolutely right. Vermont changed re- today. share so much affection for Phil and markably when Governor Phil Hoff was Phil Hoff’s career of public service Joan Hoff, and I can tell hundreds of elected. Prior to that time, the gover- began during World War II when he put stories. He made a difference by enthu- norship of Vermont was basically a his studies on hold and joined the siastically bringing people together in part-time office—seen now and then Navy, eventually joining the sub- our State, with the realization that we when the legislature was there but not marine service. He served on the USS needed to catch up with the rest of the so much otherwise—and things went Sea Dog in the Pacific theater, going on country in so many ways—such as along almost on autopilot. Governor a number of combat tours in the dan- bringing high-tech industry into Hoff changed that and brought gerous waters near the main islands of Vermont and working so hard to make Vermont into the 20th century. I think Japan. sure everybody had a good education because the two are somewhat inter- While in naval training in New Lon- no matter what part of the State they twined. don, CT, a friend of his set up a blind lived in. I was a volunteer for the Presidential date with a Connecticut college stu- Then there are the personal anec- campaign of then-Senator John F. Ken- dent. Her name was Joan Brower, and dotes. I was excited as a young State’s nedy in 1960. I volunteered on his cam- she and Phil would be married after the attorney one day getting a call from paign, but I wasn’t old enough to vote war—a marriage that was to last for the Governor’s office that one of the for him. But I remember the first elec- six rich decades. old-line politicians in Burlington had tion I was able to vote in was the I know Senator LEAHY and his wife, died—a wonderful man of French Cana- Vermont Governor’s race in 1962, and I as well as myself and my wife Jane, dian descent. They were going to have cast my first vote for Philip Henderson know the Hoffs very well. We know a mass for him at the Cathedral, and Hoff. My family was thrilled when he Joan and know of her years of dedica- the Governor wanted me to ride with won that election. He became the first tion to the people of the State of him to the mass.

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE July 17, 2014 CONGRESSIONAL RECORD — SENATE S4607 I got into the car, and I said, Gov- What Governor Hoff did was he quad- myself and others were going to speak ernor, you know I have only been rupled State aid to public schools and to a group on behalf of Robert Ken- State’s attorney for a very short while organized the three State teachers col- nedy, Bobby Kennedy. I remember the and I can’t tell you what an honor it is leges into a new, revitalized State col- look of sorrow on Governor Hoff’s face to be with you. He said, An honor? lege system that better met the needs as he stood as one of the honorary pall- Honor has nothing to do with it. He of Vermont’s students. That system en- bearers at Robert Kennedy’s funeral. said, I am an Episcopalian, you are a dures to this day. We have a very But even after that, he continued to Catholic. They put me in the front row. strong system of State colleges in push to make Vermont a better State. I never know when I am supposed to Vermont, and that began under the I think—and I realize we have others stand or where I am supposed to sit, so Hoff era. waiting for the floor—but I just want you are going to make sure I do it Under Governor Hoff’s leadership, to say again that Vermont is a wonder- right. I had been an altar boy for years, Vermont’s judicial system was modern- ful State. It is a beautiful State. It is and I was in sheer panic when I walked ized. Always a path breaker and an ad- a progressive State. As Senator SAND- in the church that I might have the vocate for justice, Phil Hoff led the ERS and I have both said, it would not Governor do something wrong, but we way to Vermont becoming one of the be what it is today were it not for Phil made it through. first States in the country to abolish Hoff. We have all tried to follow in More importantly, Vermont had the death penalty. those footsteps, but he lit the way. issues, and they became very serious, No aspect of State government was That sometimes is an overused expres- affecting the reputation of our State. beneath his notice, and he took sion, but in this case I think every his- Phil Hoff and great people together Vermont forward in many ways, in- torian would agree with us. across the political spectrum would sit cluding terminating the outdated Mr. SANDERS. Let me concur with in his office and he would say, how do ‘‘overseer of the poor’’ system. That Senator LEAHY. We take this oppor- we make things better for Vermont— was something he changed as well. He tunity to wish Governor Hoff a very never for him, it was for Vermont. established the Vermont district court happy 90th birthday. Jane and I see I think of the changes in our State, State court system, the Judicial Nomi- him quite often, and we just bumped and I remember my parents and nating Board, the Vermont State Hous- into Phil and Joan recently. We look Marcelle’s parents talking about the ing Authority, and the Vermont Stu- forward to continuing that relation- amount of changes—changes for the dent Assistance Corporation—a pro- ship. better—and every time they would go gram which today plays a very vital The bottom line is, as Senator LEAHY back to one name: Phil Hoff. role in making sure young people in said, we are very proud that Vermont I was so glad to hear Senator SAND- Vermont can get a college education. is a leader in so many areas in terms of ERS speak of Joan Brower Hoff and What was also—and Senator LEAHY social justice, in terms of environ- their wonderful daughters. She truly knows this better than I—rather ex- mental sanity, in terms of protecting was Vermont’s First Lady. She was al- traordinary about Phil Hoff is he un- the needs of ordinary people. That most as recognizable—in fact, in many derstood that positive change could not transformation and those efforts did places, more recognizable than her hus- take place in Vermont unless change not come about by accident, and cer- band—highly respected. People—men was taking place throughout the coun- tainly one of the great leaders in mov- and women—wanted to be able to try. In that area, being the Governor of ing us in that direction was the man model their careers and their nature one of the smallest States in the coun- we honor today; that is, Philip H. Hoff. after her. I am glad the two are still to- try, this man showed extraordinary We wish him the very, very best in the gether. They are still healthy, they are courage, and he said: Do you know years to come. still the best of Vermont, and I feel what. That war in Vietnam is not good Mr. LEAHY. We wish a happy birth- honored to be able to speak of them for Vermont, it is not good for Amer- day to a true giant of our State. here. ica. I yield the floor. I yield the floor. He was one of the first public offi- Mr. SANDERS. With that, I yield the Mr. SANDERS. Mr. President, Sen- cials, as I recall, I say to Senator floor. ator LEAHY talked about the influence LEAHY, to speak out. That took a The PRESIDING OFFICER. The Sen- Governor Hoff had on the State. Let whole lot of courage, to speak out ator from Pennsylvania. me give some examples of what he did. against the war in Vietnam. He took it PROTECTING OUR CHILDREN Senator LEAHY will remember in the a step further. Here you had Lyndon Mr. TOOMEY. Mr. President, I rise early 1960s we had the situation in Johnson at that time—who I think will today to speak on a bill I have intro- Vermont where the Vermont State go down in history, except for that war duced. It is S. 1596. It is the Protecting House of Representatives, people were in Vietnam, as one of our great Presi- Students from Sexual and Violent represented by every town. I lived for a dents—and Phil Hoff said: Do you know Predators Act. while in the town of Stannard, VT, what. Maybe we need a change in the I wish to thank my cosponsors on which has maybe 100, 150 people, and White House, and maybe we should be this legislation. It is a bipartisan bill. they had the same vote in the legisla- looking at somebody like Bobby Ken- Senator JOE MANCHIN and I have intro- ture as Burlington, VT, the largest city nedy rather than Lyndon Johnson. duced this together, and I am grateful in the State, which has 40,000 people. But, I say to Senator LEAHY, I know to Senators MCCONNELL and INHOFE for Under Phil Hoff, what we moved to in he was involved in some of that as a their cosponsorship. the State—and with the Supreme Court young man. This bill was inspired by a terrible ruling dealing with proper apportion- Mr. LEAHY. I was. And I recall, when story. It is the story of Jeremy Bell, ment—was person, one vote, so the Phil Hoff came out against the war in and it begins at a school in Delaware house began to reflect the population Vietnam—and he was in the minority County, PA. One of the schoolteachers locations of the State and not just on that—no member of the Vermont molested several boys and raped one of every town. congressional delegation had voted them. Prosecutors decided they did not In addition to that, when Phil Hoff against the war in Vietnam. They have enough evidence to bring a case, was Governor of the State, he success- voted for all the increases in it. He was but the school was aware of what hap- fully insisted on repealing Vermont’s in some ways a lonely voice, but he did pened, so they dismissed the teacher poll tax. Now we think that is ancient come out against it. It angered Lyndon for this outrageous behavior. But then, history. What the poll tax said is that Johnson, who was then President. But amazingly, the school also decided that in order to vote, you have to pay a cer- then he supported Robert Kennedy, as they would help this teacher get an- tain amount of money, which, obvi- did I. other job at another school so they ously, is discriminatory to lower in- I remember the two of us meeting could be rid of him. And they did ex- come people. That was repealed under Senator Edward Kennedy—one of the actly that, in fact, passing along a let- Hoff’s era as Governor. Presiding Officer’s predecessors—on ter of recommendation, helping this He understood and his wife under- the runway at the airport in Bur- predator get a job at a school in West stood the importance of education. lington, VT. He and Governor Hoff and Virginia.

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S4608 CONGRESSIONAL RECORD — SENATE July 17, 2014 The story ends in 1997 when that so far this year there are 275 others where, of course, this predator just teacher—by then a school principal— like her. strikes again against some other chil- raped and murdered 12-year-old Jeremy Gary of South Carolina is one of at dren. That would be banned under this Bell in West Virginia. Justice finally least 29 boys abused by a teacher legislation. caught up with that teacher, and he is named Mr. Fisher over that teacher’s In addition, there would be a prohibi- now in jail serving a life sentence for 37-year career. Now the teacher is serv- tion against hiring these kinds of pred- the murder, but for Jeremy Bell that ing 20 years in prison. Two school prin- ators. Schools would not be able to hire justice came too late. cipals were sued for allegedly covering a person who has ever been convicted The very sad truth is that Jeremy up the abuse. Here is what Gary wrote of any violent or sexual crime against Bell is not alone. Every day seems to about his experience: a child—if they were convicted of a vio- bring a new report of a child robbed of I was nine when it started. The abuse was lent or sexual crime against a child. his or her innocence by someone they frequent and long-term—till I went to col- There are a number of other felonies should have been able to trust, some- lege. I knew there were others, too, but until that would also preclude someone from one their parents told them they it all came out, I never knew how many. being hired by a school if they are should obey. The numbers are abso- You feel so guilty, so ashamed. It’s fright- going to have access to children. Those ening now to look back and see how calcu- would include homicide, child abuse or lutely terrifying, and, worse still, the lating Fisher was. I did everything I could to numbers are growing. neglect, crimes against children, in- get kicked out of school. I was in the guid- cluding pornography, rape, or sexual On April 10 of this year, I came to ance counselor’s office all the time. Finally, this floor and spoke about the need to in tenth grade, I got myself kicked out for assault, kidnapping. pass this legislation to protect our kids cheating. By the time I want to college, I In addition, a person who has been from predators in the classroom. I ex- was drinking all the time. I was terrified to convicted within the past 5 years of a plained then that since January 1 of quit because then I’d have to feel. But I felony physical assault or battery or a this year, at that point, 130 teachers couldn’t drink and do school, so I entered felony drug-related offense—for 5 years rehab. I was 18. It took me a year and a half, had been arrested across America for from the time at which those crimes and I’ve been sober since. were committed, the person would be sexual misconduct with children. Well, My life is good now, for the first time. You here we are just over 3 months later precluded from being hired in a posi- can survive it, but you have to deal with it. tion, in a capacity where they would and that number has more than dou- I always felt that what the school did was far have supervisory responsibility over bled. Since January 1 of this year, 275 worse than what Fisher did. Fisher was sick, children. teachers have been arrested in America an evil monster. But [the school] just cal- culated the damage to its public relations. The enforcement for all of this is the for sexual misconduct with children— only way the Federal Government can 275. These are teachers. That is more We kids were disposable, which is a whole other category of evil. or should enforce policies such as this than one per day so far this year. on school districts and schools; that is, Let’s be honest. These are the ones So when you see the number 275, re- member Gary, and remember that if a State refuses to adopt these provi- whom we have caught. These are the sions, then they would lose the funding ones who have actually been arrested. there are 275 others like him that we know of already this year alone. they get from the Elementary and Sec- These are the ones against whom there ondary Education Act. That is one of is enough evidence that they have ac- So what can we do? Well, my bill is a first step at addressing this problem. It many—but an important one—of the tually been arrested. How many more Federal Government funding streams are out there who have not been caught is called the Protecting Students from Sexual and Violent Predators Act. It is for K–12 education. No State wants to or for whom the evidence is not yet lose that source of funding, so I think sufficiently clear? pretty simple, really. It requires a mandatory background check for exist- States would respond by adopting this The damage these predators are very commonsense series of measures doing is enormous. It is far beyond ing and prospective employees, and it requires that those checks be periodi- to protect their children. what any numbers or my words can ex- I should say this is a bill with very cally repeated. There are five States press. So I want to let some of the vic- broad support—so broad, in fact, that that do no background checks. tims speak for themselves. in the House the companion legislation The second thing my bill would do is I will tell you a brief story from passed unanimously. There was not a it would apply to all employees of a Shannon. Shannon is from Nevada. She single dissenting vote. They voted last school—employees or contractors who was raped by a teacher. The teacher year, and it passed unanimously. was later convicted of sexual assault have unsupervised access to children, We have bipartisan support here in and sentenced to life in prison. Nine not just teachers. So it would include the Senate, as I mentioned. I am joined bus drivers and coaches. There are 12 years later, this is what Shannon by Senators MANCHIN, MCCONNELL, and States that currently do no checks at wrote: INHOFE. all on contractors. When I was a senior in high school, Mr. It is supported by child advocacy Peterson approached me and said I would The legislation would also require groups. The National Children’s Alli- need to go to night school if I wanted enough more thorough background checks. It ance, the Children’s Defense Fund, and credits to graduate on time. And, of course, would require that school districts the National Center for Missing and he taught one of those courses—a computer check four major databases, both State Exploited Children all strongly support class. I was 17, and he raped me 4 times over and Federal. In my own State of Penn- this legislation. I appreciate their sup- the course of a year. He said he would fail me sylvania, for instance, if an employee port. if I ever told. He also hit me and made has been a resident of my State for 2 It is also supported by prosecutors— threats against me and my family. So I years or more, then only the State didn’t. I held it in for a year and a half. the Association of Prosecuting Attor- In the end, 66 people offered to testify database is checked. We just do not neys, the Pennsylvania District Attor- against Peterson. His first victim dated back find out what this person might have neys Association. As a matter of fact, to the year I was born. Some of those who done in another State at a different there were five district attorneys from spoke up were parents. Their daughters had time. southeastern Pennsylvania alone, from complained at the time, but nothing was The legislation also would prohibit different political parties, who wrote done. That made me very angry. It still does. what has—tragically, it has developed an op-ed—a very persuasive op-ed—ar- I learned that a handful of teachers, and two its own name; the name is ‘‘passing the guing why this bill is necessary based principals, knew about him. And his teach- trash.’’ This is the phenomenon of ing license had been revoked in Michigan on what they see every day in their years before, and no one knew why. when a school knowingly recommends jobs as prosecutors. I wish to thank I’m different [now] because of what hap- one of these predators to another those district attorneys. Risa Ferman pened. I have to watch people all the time, school. As outrageous as that sounds, from Montgomery County, Seth Wil- analyze them. I can’t be carefree. Now I have it actually happens. Some of these liams from Philadelphia County, Tom a seven-year-old son and two daughters, ages school and school districts so want to Hogan from Chester County, David three and one. I will home-school my girls. be rid of this problem, this embarrass- Heckler from Bucks County, and Jack So when you see the number 275, re- ment, that they actually facilitate the Whelan from Delaware County all member Shannon, and remember that person moving on to some other place, weighed in in favor of this legislation.

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE July 17, 2014 CONGRESSIONAL RECORD — SENATE S4609 Finally, there are teacher groups is, as the Presiding Officer knows, Mr. RUBIO. Mr. President, I wish to that support this as well. The Amer- Hamas doesn’t recognize Israel as an continue on this topic. ican Federation of Teachers supports entity. It is pretty hard to negotiate In the last few hours, we have now this legislation. The Pennsylvania with somebody who doesn’t recognize had word of the potential for ground School Boards Association does as well. you exist and tells their schoolchildren operations occurring in Gaza. I do not think I would be going far you don’t exist. The hatred that comes This is addressed to those who are out on a limb to suggest that probably from Hamas in their schools toward watching Florida or will watch this a huge majority of Americans support Israel is not conducive to peace. message in Florida about what has this legislation because one thing I The resolution passed unanimously happened. know for sure as a parent of three by the Senate the very night Israel de- I know the world has become a messy young kids—my kids are 14, 12, and 4. cided to use ground force I think is ap- place over the last few hours. We have There is one thing that is most impor- propriate and very symbolic. The Sen- an incident that occurred over the tant to most parents I know; that is, ate does not see a moral equivalency. skies of Ukraine with the Malaysian that our children be safe and secure. As Prime Minister Netanyahu said: aircraft, and we don’t know all the de- When you put your kid on a schoolbus, Israel uses missiles, in collaboration tails of what had occurred there. We you expect that child will be in a safe with the United States, to produce the should reserve judgment until we do. environment all day long—on the ride technology called Iron Dome to defend Suffice it to say, that may further to school, while they are in school, and civilians. Hamas uses civilians to cover complicate our view of the world in on the way back home. Frankly, we their missile program, making human this Chamber over the next few weeks, owe it to parents as well as to their shields of their own people. but let me address for a moment what children to do all we can to ensure that That says all we need to know. So I am pleased that in a bipartisan is happening in the Middle East. they do, in fact, have a safe environ- When I was elected to the Senate, a fashion, unanimous in nature, the U.S. ment—as safe as we can make it—for few days later, the first trip I took was their kids. Senate is on record supporting the State of Israel in this conflict, under- to Israel. It was a country I had long Two hundred seventy-five is the num- admired, with strong links to the ber. That is the number that should standing their justification for defend- ing themselves and that there is no United States and to Florida in par- give us all pause. It marks 275 trage- ticular. In fact, the current Israeli Am- dies that we know of already this moral equivalency here. To my Israeli friends and allies, we bassador to the United States is from year—275 childhoods that are shat- wish you well. I expect that you will Florida. His brother was the mayor of tered, 275 families torn by grief, be- continue to defend yourselves against a Miami Beach. So there are strong links trayal, self-blame. It marks a failure terrorist organization. between Florida and Israel. I was on our part. This kind of child abuse To the Palestinians who have formed amazed on that trip by how far that can be prevented. We have the tools to a unity government, you need to break country has come—a nation that prevent it and to prevent so many chil- away from Hamas. There will never be doesn’t have oil or the kind of massive dren from harm. peace until you marginalize the ter- resources from an energy perspective Again, last year the House acted rorist organization called Hamas, until that other countries in the region do, unanimously to protect children from you reject what they stand for and the yet a country that is flourishing be- these sexual predators. This is some- way they have behaved. cause of their investment in tech- thing we could have done a long time Finally, to those who wish for Israel nology and innovation. ago. We certainly should not be letting to give up land and withdraw from ter- There is a book called ‘‘Start-Up Na- a new school year begin—really in a ritories, please remember, that is ex- tion,’’ which chronicles the amazing matter of weeks—without doing some- actly what Israel did in Gaza. They miracle of Israel and what they have thing about this shameful number and withdrew all their forces, and what achieved. The one thing that strikes without making sure this number does have they gotten in return? Tens of you about Israel as you fly over is how not continue to grow. thousands of rockets. narrow it is. At its narrowest point, it I hope we will be able to bring this So to those who are pushing a peace is only 9 miles wide. bill to the Senate floor. I hope we will plan in the Middle East between the This is a country that was forged, by have very broad bipartisan support for Palestinians and the Israelis, I hope the way, in the aftermath of the Holo- it here in the Senate, as we already you remember security for Israel has caust, with the notion that never again have in the House. to be the centerpiece of any peace deal. will the Jewish people not have a place I suggest the absence of a quorum. How can you obtain peace when one of The PRESIDING OFFICER. The to go in the world to call their own. the members of the Palestinian Gov- That still remains the guiding prin- clerk will call the roll. ernment—Hamas—has fired thousands The assistant legislative clerk pro- ciple behind the country and behind its of rockets, caring less where they fall? defense forces, and we should view it ceeded to call the roll. They couldn’t care less if it falls on a Mr. GRAHAM. Mr. President, I ask within that context as we view what is kindergarten or a military base. They unanimous consent that the order for occurring now in that region and part just care to kill Israelis. Israelis have the quorum call be rescinded. of the world. The PRESIDING OFFICER. Without killed civilians, but they go the extra Literally, Israel is surrounded by en- mile in time of war and conflict to objection, it is so ordered. emies. Certainly they have had the sta- minimize casualties. They tell them: ISRAELI CONFLICT bility in the last two decades of peace We are going to bomb you. They pass Mr. GRAHAM. Mr. President, I wish agreements with Jordan and Egypt. out leaflets. They tell people to leave. to comment on the fact that I believe But look everywhere around Israel and That says a lot about the Israelis. you see them surrounded by people who the body has come to agreement on my So the Senate is in Israel’s camp in a resolution, along with Senator MENEN- are intent on their destruction. We bipartisan fashion. know that is the case in Gaza. We know DEZ, standing behind Israel in its con- I yield the floor and I suggest the ab- that is the case in Samaria and Judea flict with Hamas. sence of a quorum. As I speak, apparently there is a The PRESIDING OFFICER. Would or what is commonly called the West ground action going on by the Israelis the Senator withhold his request? Bank by some. We know that is the in Gaza. From my point of view, do Mr. GRAHAM. I withdraw my re- case with Assad and Syria, and many what you have to do to defend yourself. quest. of the elements fighting within Syria. I can’t believe they have actually The PRESIDING OFFICER. The Sen- We know that is the case with waited this long. I can’t imagine what ator from Florida. Hezbollah and Lebanon. We know that the American response would have Mr. RUBIO. Mr. President, I ask is the case with Iran and its weapons been. If one rocket had come from our unanimous consent to speak as if in programs and its long-term ambitions. neighboring nations toward our coun- morning business. This is a country surrounded by ele- try, we would not be so restrained. The PRESIDING OFFICER. Without ments that want to destroy it. A two-state solution seems to be a objection, it is so ordered. The Senator It is in that context, by the way, that very reasonable approach. The problem from Florida is recognized. this government in Israel was involved

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S4610 CONGRESSIONAL RECORD — SENATE July 17, 2014 in an intensive process of negotiation questionable, not just in international that puts rockets and military instal- brokered and led by the United States forums but all over this planet. Israel lations right next to nurseries and hos- with the Palestinian President Abbas is consistently on America’s side time pitals and civilian population centers. regarding a potential peace deal, some and again, in every one of our chal- Why would they do that? Do you know way of forging a solution, an answer to lenges. The cooperation between our why they do that? They do that be- the conundrum of what to do with Pal- countries is extraordinary, not to men- cause they know when they launch a estinian populations that would allow tion that Israel as a nation stands for rocket Israel will respond by hitting them to live peacefully, coexist side by everything that we as a nation believe that rocket launcher, and when that side with a Jewish State. They entered in: freedom, the ability to speak out. rocket launcher is destroyed, so are the into this conversation despite the fact They have a vibrant democratic proc- areas around it. Then they can get the that it was never clear that Abbas was ess. Anyone who is familiar with cameras to go in there and say: ‘‘Look able or had the power or the influence Israeli politics knows how vibrant what Israel did. They wiped out a nurs- to make the sort of tough decisions their democracy is and how much they ery or apartment building.’’ that were going to be required for engage in open and public debate in They do that on purpose. They know peace. bringing their government together to exactly what they are doing. They are In fact, they entered into the nego- govern the country. So we have this ex- doing it so they can get the kind of tiation knowing they would not even traordinary alliance with Israel of in- coverage that unfortunately even some speak for all Palestinians, given the credible importance, and that is why American press outlets are buying into fact that Hamas controlled the Gaza we care. That is the political reason. now. Strip. They entered into this negotia- There is a moral reason behind it, Here is the bottom line—and Senator tion nonetheless. They entered into and that is the right of the Jewish peo- GRAHAM was alluding to this a moment this negotiation despite the chaos sur- ple to have a country they can live in ago. Israel does extraordinary things rounding them in Lebanon and Syria. peacefully; that truly never again will with regard to this. They drop leaflets Despite the fact that Iran continues to we face a time when Jews have no- into population centers warning: We pursue nuclear weapons to destroy where to go. This is the commitment are going to have to conduct a military Israel, potentially, they entered into we have made to Israel and that we operation in your region. Please evac- these negotiations. Because I say this must keep. uate. Please go elsewhere where you to you unequivocally: I know of no na- I must say that I am and have been will be safe. Hamas doesn’t do that. In fact, tion on Earth that wants peace more deeply troubled at the attitude this ad- Hamas deliberately targets population than Israel. So they entered into these ministration has adopted toward centers to terrorize the people of negotiations. Israel. Let me be clear. I don’t come Israel, and we should condemn it for And what happened? What happens is here today to create this into a par- what it is. There is no moral equiva- what always happens with these nego- tisan issue. I don’t want it to be a par- lency. tiations. What happened is Abbas even- tisan issue. In fact, one of the great So now the situation has continued tually withdrew. He once again took successes of American foreign policy to spiral out of control and it has himself out of the talks and he tried with Israel has been the strong bipar- reached a point where the news today once again to seek membership—Pales- tisan support that Israel enjoys in the now is that Israel has begun to conduct tinian membership—into all these sorts House and the Senate from almost ground operations and these ground op- of national organisms of the state, as a every American President since Israel’s erations they are conducting as early country of its own, knowing that was a founding at the conclusion of World as this morning have to do with a tun- deal breaker and knowing if that oc- War II. nel network in Gaza which was used by But I am concerned about the posi- curred, there could be no peace nego- Hamas to try to infiltrate terrorists tion this administration is taking. I tiation. That is the route he chose, through those tunnels into Israel to was concerned about the amount of nonetheless. conduct terrorist activity and kill But then he did what I believe has pressure the Secretary of State was Israelis. triggered this latest round of violence placing on the Israelis to enter into a Put yourself in the position of this against Israel, and that is deciding to negotiation with the Palestinian Au- country, small and geographically iso- form a power-sharing government with thority which didn’t have the author- lated, surrounded by terrorist groups a terrorist group by the name of Hamas ity or power to reach a peace agree- and some unfriendly countries, threat- that to this day continues to deny ment they could possibly enforce much ened by the prospect of an Iranian nu- Israel’s right to even exist. less deliver on. I was concerned that clear weapon and being hit by 1,300 I want you to think about that for a pressure was being put on them at a rockets in just the last week. They moment. How could you possibly ever time when Israel faced so many other have no choice but to defend them- enter into a peace agreement with an challenges, No. 1 being the ambitions selves using all the power at their dis- organization with its very purpose that Iran has to acquire nuclear weap- posal. They have no choice. Not only being your destruction? And yet that is ons and long-range rockets that could should no one here be criticizing that, what Israel was being asked to do. strike Israel and eventually the main- but we should be supporting it and Tragically, within several weeks of land of the United States. aligning ourselves 100 percent on their that new government being formed, I think it is safe to say the relation- side, because what they are fighting for three teenagers, including an American ship of the Israeli Government has here is not some dispute over borders. citizen, were kidnapped and they were never been worse toward an American This is not some geopolitical dispute murdered. Then on July 7 Hamas once President for more than 2 decades. And about who owns what territory. Israel again started raining down rockets on that has an impact on this region, and is fighting for its very survival. Israel. Today more than 1,300 of them unfortunately it has had an impact On the other side of this conflict is a have been fired. The good news is that here. terrorist organization bent on their de- Israel has invested heavily in an air de- I have also been concerned about struction. On the other side of this con- fense system which I was able to see some of this moral equivalence that is flict is a terrorist organization in during my second visit to Israel in the going on in the press and some of the Hamas and, truth be told, the Pales- early part of 2013. But 1,300 rockets is email I have been getting and some of tinian Authority, whose schools teach an extraordinary number, and that is the public statements I am hearing children not just to hate Israel but to what Israel has faced. some make in some corridors—not in hate Jews. As American policymakers, you ask the Senate but some other places. The How could you possibly say you are what is our interest there? And I think idea that both sides are to blame is an for peace when your schools are ac- it begins with the unique relationship interesting concept, but it isn’t true. tively teaching your children to hate that exists between the United States It is tragic, unfortunately, that civil- another people? That is what is on the and Israel. It is the only vibrant de- ians are dying in Gaza, but the reasons other side of this conflict. mocracy in that part of the world. Its why civilians are dying is 100 percent And so Israel has no choice. They are alliance with the United States is un- Hamas’s fault. This is an organization fighting for their very survival, and I

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE July 17, 2014 CONGRESSIONAL RECORD — SENATE S4611 think that now more than ever what of destroying Israel. That is the single sider be considered made and laid upon they need from this country is a Presi- greatest threat. As great as this threat the table, with no intervening action dent and a U.S. Government that is with Hamas, and needs to be dealt or debate; that no further motions be aligns itself squarely on their side—no with decisively, that is the single in order to the nominations; that any doubletalk, no fancy diplomatic lan- greatest security threat facing Israel. statements related to the nominations guage that you could read between the It is ironic to me that even as we are be printed in the RECORD; that Presi- lines on—a very clear statement: In focused on this issue and what is hap- dent Obama be immediately notified of this conflict we are on Israel’s side and pening, this administration is off in the Senate’s action and the Senate we will support them with anything Geneva trying to cut a deal with Iran then resume legislative session. they need to ensure their stability and that allows them to retain an acknowl- The PRESIDING OFFICER. Without their survival—very clear language edged right to enrich and reprocess, objection, it is so ordered. that makes it unequivocal. and that is going to prove to be disas- Mr. REID. Mr. President, for the in- Hamas is a terrorist organization, trous. formation of all Senators, we expect not a legitimate representative of the It is my opinion those negotiations nominations considered in this agree- aspirations of the Palestinian people, will lead to nothing, because Iran has ment to be confirmed by voice vote. but a terrorist organization designed entered into these negotiations believ- Mr. President, I ask unanimous con- for the very purpose of destroying the ing they entered from a position of sent that notwithstanding Rule XXII, Jewish state. We need to make these strength. They believe this President on Tuesday, July 22, at 10:45 a.m., the things abundantly clear, because other- so badly wants a deal that they don’t Senate proceed to executive session wise we are going to see more of this in have to give on anything. By the way, and vote on the motions to invoke clo- the years to come. I don’t know how you do a meaningful ture on Executive Calendar Nos. 851, If there is any daylight between the deal with Iran on nuclear weapons that Birotte, 852, Rosenberg, and 854, United States and Israel, it emboldens doesn’t involve a conversation about deGravelles, in the order listed; fur- Israel’s enemies. I would say as bad as these long-range rockets. Yet that is ther, that if cloture is invoked on any this situation is—and it is terrible—the exactly what they are doing with little of these nominations, that on Tuesday, July 22, 2014, at 2:15 p.m., all biggest danger facing Israel today is to no consultation with the Senate or postcloture time be expired and the not just 1,300 rockets that have come any other policymakers. over from Hamas, it is the threat of a I came to the floor to reiterate my Senate proceed to vote on confirmation of the nominations in the order upon nuclear Iran. It is interesting that personal support for Israel but to also which cloture was invoked; that all while we are having this conversation reiterate how strongly I believe vir- rollcall votes after the first in each se- here today about the attack Israel is tually every Member of this body sup- quence be 10 minutes in length; fur- under, this administration is trying to ports the State of Israel, supports ther, that there be 2 minutes for debate get an extension of these talks with Israel’s right to defend itself, supports prior to each vote; that if any nomina- the Iranian regime. the United States alliance with Israel, tion is confirmed, the motion to recon- I hope you clearly understand. I said supports everything we must and can sider be considered made and laid upon this before and I want to come here and do to help Israel defend herself. I think the table and the President be imme- reiterate: If Iran is allowed to retain that is an important message to send diately notified of the Senate’s action the ability of enriching uranium or re- out. and the Senate then resume legislative processing plutonium, they will build a Finally, I would say this: I would ask nuclear weapon with that capacity. Let session. those who have watched this speech or The PRESIDING OFFICER. Without me put it in plain English. If you let who will hear these words later to take objection, it is so ordered. them keep the machines they use to re- the time over the next few days to pray process and enrich, they may not re- for Israel. They need our support there f process and enrich to weapons grade as well, that God will provide her the MORNING BUSINESS right away, but the fact they have the safety and security of her people, now Mr. REID. I now ask unanimous con- ability to do it I guarantee you eventu- and in the years to come. sent that the Senate proceed to a pe- ally means they will. Mr. President, I suggest the absence riod of morning business with Senators Do you know how I know that? One of a quorum. permitted to speak therein for up to 10 reason is all you have to do is hear the The PRESIDING OFFICER (Mr. WAR- minutes each. speeches they give. The second reason NER). The clerk will call the roll. The PRESIDING OFFICER. Without why we know that is the other issue no The assistant legislative clerk pro- objection, it is so ordered. one is talking about: Iran isn’t just ceeded to call the roll. f spinning centrifuges, they are not just Mr. REID. Mr. President, I ask unan- enriching uranium and reprocessing imous consent that the order for the CONGRATULATING CHARLIE plutonium. Iran is building rockets— quorum call be rescinded. SEEMANN long-range rockets, intercontinental The PRESIDING OFFICER. Without Mr. REID. Mr. President, today I missiles. And there is only one purpose objection, it is so ordered. wish to honor Charlie Seemann. Mr. for those missiles. The only purpose f Seemann is a talented folklorist who is they have is to put a warhead on them dedicated to sharing western arts and UNANIMOUS CONSENT AGREE- with a nuclear payload. That is the culture with communities throughout MENTS—EXECUTIVE CALENDAR only reason why you build missiles Nevada. At the end of the month, he such as that. These types of missiles Mr. REID. Mr. President, I now ask will be retiring from his position as ex- are not built to deliver a conventional unanimous consent that following the ecutive director of the Western weapon; they are built for purposes of a vote on confirmation of Executive Cal- Folklife Center in Elko, NV. nuclear capability. endar No. 849, Carnes, on Monday, July After serving as the deputy director Additionally, these rockets they 21, the Senate remain in executive ses- of the Country Music Foundation in want to build aren’t just rockets that sion to consider Calendar No. 789, Nashville, TN, for 12 years, and later can reach Jerusalem or Tel Aviv. These Lawson, and Calendar No. 537, Reddick; working as the program director at the are rockets that can reach Washington, that there be 2 minutes for debate Fund for Folk Culture in Santa Fe, DC, and my hometown of Miami, and equally divided between the two lead- NM, Nevada was fortunate to have Mr. New York City, and the mainland of ers or their designees prior to each Seemann dedicate his efforts to sharing the United States. So if they build vote; that upon the use or yielding the cultural heritage of the American these missiles with that range and they back of time the Senate proceed to West with communities throughout our develop the ability to enrich and re- vote, without intervening action or de- great State. process, they are one step away, a half bate, on the nominations in the order In 1998, Mr. Seemann brought his step away from becoming a nuclear listed; that any rollcall votes, fol- masters of folklife studies, decades of power, able to hold our country hos- lowing the first in the series, be 10 min- experience, and his accomplished musi- tage and to carry out their ambitions utes in length; the motions to recon- cal knowledge to the Western Folklife

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S4612 CONGRESSIONAL RECORD — SENATE July 17, 2014 Center in Nevada. During his 16-year out of South America into Central I am proud of the strategic partnership tenure, he has strengthened the arts America. They come in big shipments we have developed over the years. The throughout his community by invest- from Colombia through Venezuela by Government of Cyprus currently hosts ing in literary and scholarship pro- air or sea on the eastern side, from Co- the joint mission responsible for car- grams that have helped foster artistic lombia through Ecuador or originating rying out the removal and destruction development and brought new artists in Ecuador out on the western side, of Syria’s chemical weapons as well as to Western Folklife’s most notable coming into three Central American providing maritime cooperation to fa- event, the National Cowboy Poetry countries—Honduras, Guatemala, and cilitate the process. The role of Cyprus Gathering. Since 1986, Mr. Seemann El Salvador. As a result, their drug demonstrates the island’s important participated in the annual National lords have completely taken over those strategic location and critical inter- Cowboy Poetry Gathering, formerly countries. As a result, the violence is national engagement efforts. the Elko Cowboy Poetry Gathering. the highest. Honduras is now the mur- I am encouraged by renewed efforts This event was renamed in 2000, after der capital of the world. As a result of to reach a comprehensive and fair solu- Mr. Seemann worked with Members of that drug violence—and there is very tion to reunify Cyprus. I urge the gov- Congress to pass a United States Sen- little law and order—the whole system ernment of Turkey to cooperate with ate Resolution designating the poetry is corrupted. For parents with children, negotiations and I applaud the people gathering in Elko as a nationally rec- it is logical that they would want to of Cyprus for their steadfast commit- ment to securing a peaceful and pros- ognized event. send their children to a safer environ- Mr. Seeman is not only a strong ad- perous future. ment. Mrs. BOXER. Mr. President, I wish to vocate for western arts and culture, The administration has to address commemorate the 40th anniversary of but he is a nationally renowned this issue with regard to going back to the division of Cyprus, which began on folklorist. Prior to coming to the West- what we did so successfully in Plan Co- July 20, 1974. ern Folklife Center, he received the lombia—interdict the drug traffic be- On July 20, 1974, Turkey began its Western Heritage Wrangler Award from fore it gets to those Central American brutal invasion of the island of Cyprus. the National Cowboy and Western Her- countries because once it does in the By August 25, 1974, Turkish forces con- itage Museum, as well as a Grammy big shipments, they then break it down trolled more than one-third of the is- nomination for the New World Records into smaller packages and it goes land. To this day, Cyprus remains di- anthology Back in the Saddle Again: north. vided. American Cowboy Songs. Mr. Seemann f Forty years later, it is long past time also received a Wrangler Award in 2003, CYPRUS for a permanent solution that results for his production work on a joint in a free and unified Cyprus. project between the Western Folklife Ms. MIKULSKI. Mr. President, I wish For decades, numerous rounds of ne- Center and Smithsonian Folkways Re- to recognize the 40th anniversary of gotiations have attempted to achieve a cordings, Buck Ramsey: Hittin’ the Turkey’s invasion of the island of Cy- settlement. For too long, these efforts Trail. In 2006, Mr. Seeman was ap- prus. Today, Cyprus remains a divided have failed to yield meaningful pointed by Congress to the Board of island, with a third of the territory progress. However, a new round of Trustees for the American Folklife still occupied by Turkish forces. talks began in February of this year. I Center. This Center is housed at the Li- I am proud to stand with the people am deeply hopeful that these negotia- brary of Congress and works to archive of Cyprus and call for an immediate tions will result in a fair and durable and preserve American’s unique cul- end to the Turkish occupation of their solution for all Cypriots. ture. It was a tribute to Mr. Seeman’s country. On numerous occasions, A secure and stable Republic of Cy- reputation that he was selected for this United Nations resolutions have called prus will strengthen the friendship and Federal board, and he represented Ne- for the respect of the sovereignty and alliance between the United States and vada well in this role. independence of the Republic of Cyprus Cyprus. This relationship is based on Mr. Seemann will be missed by the and for an immediate end to the Turk- our long history and our mutual goals many individuals he works with at the ish occupation. The Republic of Cyprus and values, including a commitment to Western Folklife Center, but his con- continues to demonstrate full commit- democracy, opportunity for all, and tributions to western folklore will con- ment to a peaceful process that will re- human rights. tinue. I wish him well in his retirement unify the island in accordance with Lasting peace in Cyprus will also re- and all the best in his future endeav- these resolutions. inforce Cyprus’s role as a force for peace, prosperity, and stability in the ors. Over the past year, the Republic of region. f Cyprus has taken significant steps to lay the groundwork for peaceful nego- That is why we must continue to do BORDER CRISIS tiations, including proposals that everything possible to help Cyprus re- Mr. NELSON. The administration would bring the two sides together to solve the decades-long illegal occupa- sent several Cabinet Secretaries and build confidence, strengthen ties, and tion of Northern Cyprus by Turkey. As Vice President BIDEN said in May high-ranking appointees to brief all integrate the Turkish-Cypriot commu- during his historic visit to Cyprus, Senators last evening on the crisis of nity. It is clear that the government ‘‘For the sake of the boys and girls the children on the border, and it ap- and people of Cyprus stand ready to born on this island who deserve the pears they are getting their arms make the hard decisions needed to possibility that only peace can bring, around addressing the problem of the achieve peace. let’s finally make hope and history children and the humanitarian crisis Continued unrest that threatens the rhyme together.’’ on the border. However, it is the opin- security and stability of the region fur- ion of this Senator that they do not ther underscores the importance of f recognize the root cause of the prob- supporting the Republic of Cyprus. A HONORING OUR ARMED FORCES lem. If the administration would listen peaceful agreement that reunifies Cy- SERGEANT ANDREW R. LOONEY to their four-star general, the head of prus would signal that just and fair Mr. INHOFE. Mr. President, I wish to the United States Southern Command, resolutions can be achieved to end dec- remember the life and sacrifice of General Kelly, and the testimony he ades long confrontations. We must con- Army SGT Andrew R. Looney who died has already given to the Armed Serv- tinue to stand with them to fight for a on June 21, 2010 serving our Nation in ices Committee of what is the problem, fair and responsible agreement—one Lar Sholtan Village, Afghanistan. Ser- then we could get to the root cause of that safeguards basic freedoms and geant Looney and Army PFC David T. the problem and stop these future hu- human rights for all Cypriots. During Miller died of wounds sustained when a manitarian crises. his visit in May of this year, Vice suicide bomber attacked their traffic The problem simply is that we are President BIDEN reiterated the need for control checkpoint. not devoting the time and the re- Cyprus to be reunited. Andrew was born June 26, 1987 and sources—the money—to the interdic- The Republic of Cyprus is a strong grew up in Owasso, OK where he grad- tion of the big drug shipments coming and trusted friend of the United States. uated from Owasso High School in 2005.

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE July 17, 2014 CONGRESSIONAL RECORD — SENATE S4613 His father, Richard, said as a teen his in the Army in August 2006 where they Battalion, 4th Brigade Combat Team, son developed an avid interest in the were bunkmates once again in basic 10th Mountain Division. military, and he was further inspired military training. After graduation, he The couple had recently renewed by military movies, in particular the married his wife Lindsay and was as- their vows on their 10th anniversary HBO series ‘‘Band of Brothers.’’ He signed to 1st Battalion, 327th Infantry when he was home on leave. ‘‘It was grew up respecting authority, was Regiment, 1st Brigade Combat Team, the most perfect day,’’ Candy wrote. ‘‘very compliable’’ and took things in 101st Airborne Division, Air Assault, ‘‘He was a wonderful man, an excellent stride which made military life a good Fort Campbell, KY. soldier and above all the best father fit for him. Therefore, it was a natural Jared’s funeral was held July 4, 2010 and husband and son and brother. I for him to enlist in the Army imme- at the Turpin High School auditorium. don’t know how I’ll ever live without diately after high school. Reverend Stan Lehnart remembered him. He was our world.’’ While deployed to Iraq in August him saying ‘‘He was not the valedic- A loving husband, father and son, 2007, he was severely wounded from an torian of Turpin. He was not the star of Travis is survived by his wife Candice, improvised explosive device and lost the football team. He was not the boy two children, Madison and Gianna, par- part of his right foot. After nearly a the girls wanted to sit next to at as- ents Leland and Vickie Tompkins of year of grueling rehabilitation and re- semblies in this auditorium. He is the Lawton, OK, sister Jenny Meek and her ceiving a prosthetic at Brooke Army one who gave his life for us to sit here husband Troy of Fletcher, OK, niece Medical Center in San Antonio, TX he today. He is the one that served his and nephew Megan Meek and Dillon felt a deep sense of patriotism and a country. He is a hero.’’ Meek, and his mother and father-in-law burning desire to serve and get back to Interment was in the Liberal City Wendy and Tim Brown of Lawton, OK. where he felt he was needed. In 2009 he Cemetery in Liberal, KS. His mother Vickie said that the main was assigned to 2nd Battalion, 327th In- Preceded in death by his father, Glen thing she wanted people who never met fantry Regiment, 1st Brigade Combat ‘‘Tiny’’ Plunk, Jared is survived by his him to know is what a great son he was Team, 101st Airborne Division, Air As- wife Lindsay, and two sons, 5-year-old to her and what a wonderful husband sault, Fort Campbell, KY where on Noah and baby Kason, mother Glenda he was to his wife Candy, and their April 24, 2010 he deployed to Afghani- Willard and her husband Gerald of children. stan. Maryville, TN, brother Justin Plunk Private family funeral services and The last time the family saw him in and his wife Caitlin of Norman, Okla- interment with full military honors April 2009 ‘‘he was looking forward to homa, brother Jordan Plunk of Mary- were conducted at the Fort Sill Na- his assignment in Afghanistan,’’ his fa- ville, TN, sister Ranee Massoni and her tional Cemetery, Elgin, OK. Travis was posthumously promoted to Staff Ser- ther said. He thought he ‘‘was making husband Jordon and their son Gavin of geant. a difference in the war, and was much Maryville, TN, and sister Michelle needed.’’ Today we remember Army SSG Trav- Plunk of Maryville, TN. is M. Tompkins, a young man who On June 28, 2010, with hundreds of Today we remember Army SPC Jared loved his family and country, and gave friends in attendance, the family re- C. Plunk, a young man who loved his his life as a sacrifice for freedom. membered Andrew at Owasso Public family and country, and gave his life as School’s Mary Glass Performing Arts a sacrifice for freedom. f Center. Before and throughout the ARMY STAFF SERGEANT TRAVIS M. TOMPKINS TRIBUTE TO TRAVIS MOLLOHAN service, hundreds of people lined the Mr. President, I would also like to streets holding up flags in solemn trib- Mr. MANCHIN. Mr. President, I want pay tribute to Army SSG Travis M. ute to Andrew. to thank a longtime and dedicated In 2012, Oklahoma Governor Mary Tompkins. Travis tragically died on member of my staff, Travis Mollohan, Fallin signed Senate Bill 1320 desig- March 16, 2011 of wounds sustained and to wish him the best on his next nating the section of highway from when insurgents attacked his unit with professional venture—as director of 96th Street North to 106th Street North a rocket propelled grenade in Logar State, corporate and community rela- as ‘‘Sergeant Andrew R. Looney Memo- Province, Afghanistan. tions for West Virginia University. rial Highway.’’ Travis was born November 26, 1979 at Raised by caring parents, Todd and Andrew was posthumously promoted Fort Sill, OK to Leland and Vickie Brenda Mollohan, in the geographic to Sergeant and was buried in Arling- Tompkins. An active Boy Scout, he heart of our State, Braxton County, ton National Cemetery in Arlington, graduated from MacArthur High Travis learned from a young age the VA. School in 1999 and enlisted in the Army value of being involved in his commu- SGT Looney is survived by his par- in January 2000. nity and the importance of being a ents Martha and Cleo Looney, sister He was carrying on a tradition of team player. As a proud Braxton Coun- Joanna, and brother, Steven who com- service in his family that dates back to ty Eagle, Travis was a member of the pleted a tour in the Navy in December World War I. His father, Leland Tomp- high school’s award-winning band, 2009. kins served for more than two decades speech and debate team and president Today we remember Army SGT An- in an Army career that began during of the National Honor Society. Travis drew R. Looney, a young man who the Vietnam war and ended in the clos- even volunteered for me during my un- loved his family and country, and gave ing days of the Cold War. ‘‘He was a successful 1996 gubernatorial run. his life as a sacrifice for freedom. working soldier,’’ Leland said. ‘‘He was Travis graduated from Braxton Coun- SPECIALIST JARED C. PLUNK a working leader. He cared about his ty High School in 2000 and then at- Mr. President, I also wish to remem- soldiers. He volunteered for every- tended college at West Virginia Univer- ber a true American hero, Army SPC thing.’’ sity. There, he was treasurer of the Jared C. Plunk who died on June 25, Moving frequently, Travis’ assign- WVU Young Democrats, head of the 2010 serving our Nation in Konar, Af- ments included Fort Sill, OK, Fort Student Government Association’s ghanistan. SPC Plunk and Army SPC Leonardwood, MO, Fort Carson, CO, campus safety committee and studied Blair D. Thompson died of wounds sus- and Allied Joint Force Command in abroad at Dublin City University in tained when insurgents attacked their Brunssum, the Netherlands. He mar- Ireland. Travis volunteered during my unit using rocket-propelled grenades ried Candice Brown on March 1, 2001 at successful campaign for Governor in and small-arms fire. Fort Carson, CO and was quickly de- 2004 and began working for me in 2005 Jared was born August 26, 1982 in Lib- ployed to Saudi Arabia from Sep- as deputy scheduler. eral, KS. He grew up in the Oklahoma tember 2001 to March 2002. From my first days as the 34th Gov- Panhandle town of Turpin where he He arrived at Fort Polk, LA in June ernor of the great State of West Vir- played football and graduated high 2009 and was assigned to Brigade Spe- ginia, my top priority was to deliver school in 2001 before taking college cial Troops Battalion, 4th Brigade excellent customer service to our fel- classes at Seward County Community Combat Team, 10th Mountain Division. low West Virginians. Travis was ideally College. In October 2011 he deployed to Afghani- suited for my team—he was hard- After relocating to Stillwater, OK, stan with his unit as a military police- working, smart and always there to Jared and his brother Justin enlisted man with the Brigade Special Troops lend a helping hand to those in need.

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S4614 CONGRESSIONAL RECORD — SENATE July 17, 2014 Travis served my gubernatorial ad- would become known as Lou Gehrig’s hands, the man sportswriter Jim Mur- ministration in various capacities, and disease. ray once described as a ‘‘Gibraltar in whether it was through tragedy or tri- Lou Gehrig was the only surviving cleats’’ spoke 278 simple words that umph, Travis represented my office child of a sheet metal worker and a still echo in the ears of those of us not with the utmost distinction. maid—immigrants from Germany. even born at the time they were ut- After winning the unexpired term for Gehrig brought his family’s humble tered. the U.S. Senate in 2010, I asked Travis work ethic and steadfastness to his ‘‘Fans,’’ he began, ‘‘for the past two to help me bring our commonsense own job, playing first base for the New weeks you have been reading about a West Virginia values to Washington. York Yankees. His career was one that bad break I got. Yet today I consider He served as my director of scheduling even a Red Sox fan can admire. On myself the luckiest man on the face of in 2011, before returning to my State June 1, 1925, 4 days before his 20th the earth.’’ operations as director of outreach. He birthday, he pinch-hit for Pee Wee Although there is still much we have did an amazing job visiting the beau- Wanninger. On June 2, he broke into to learn about the causes of ALS, we tiful communities of the Mountain the starting lineup for good. He would have made great strides in research State and listening to our citizens’ play every single regular and and treatment since Lou Gehrig took ideas and concerns. postseason Yankees game until May 2, himself out of the game. With the help Recently, I asked Travis to serve as 1939—2,130 in a row. of Federal grants, advances in genetic my director of constituent services. I ‘‘The Iron Horse,’’ as Gehrig was research have opened the door to in- was confident yet again that he could known, didn’t just play a lot of base- sights about the disease’s hereditary do the job because Travis truly under- ball, he played superb baseball. He nature, and drugs and assistive tech- stands what West Virginians need— racked up more than 2,700 hits, for a nology are improving dramatically. someone who is compassionate, lifetime batting average of .340 and Kreg Palko of Barrington, RI, re- thoughtful and knowledgeable about close to 2,000 runs batted in. He had 493 cently underwent a pioneering surgery our state and the complexities of gov- career home runs. His No. 4 jersey, to transplant millions of stem cells ernment. known as ‘‘the Hard Number’’ by the into his spinal cord, in hopes of Not a day passes that Travis is not American League pitchers who had to undoing the paralyzing effects of his dedicated to making West Virginia a try to get the ball past him, was the ALS. Until Kreg discovered he had ALS better place to live, work and raise a first ever retired from Major League just last year, he was always on the family. Baseball. move—as a speedy defensive back at I am sad to see Travis leave my of- Despite his exceptional play, Gehrig the Air Force Academy, Gulf War fice, but I am so excited for his future. was happy to leave the spotlight to pilot—or active skier and surfer. ALS He has accepted a position with his teammate Babe Ruth, or later, Joe has dampened his mobility but not his alma mater, West Virginia Univer- DiMaggio. ‘‘I’m not a headline guy,’’ he competitive spirit. Kreg has volun- sity—our State’s flagship university. once said. ‘‘As long as I was following teered for every clinical trial he can, No one is better suited for the task Ruth to the plate, I could have stood and whether or not these treatments heal Kreg, he and his wife Elizabeth ahead of him than Travis. on my head and no one would have WVU has made a significant and posi- known the difference.’’ know this research will benefit future tive impact on the Mountain State. It Lou Gehrig wasn’t just great. He was patients. The heart of the movement for a cure offers a first-class learning experience always great. And his competitive spir- is the dedicated community of advo- and its graduates are spread around the it inspired Americans during the long cates, researchers, physicians, and ALS years of the Great Depression. But for world making a difference. But it is patients. When members of the Rhode some unknown reason, his numbers fell more than just an incredible institu- Island chapter of the ALS Association off sharply in the 1938 season. He had tion of higher learning. WVU’s pro- visited my office this May, they trouble gripping the bat, running, even grams and services improve the lives of brought along baseball cards featuring walking and sitting. So on the first our citizens and our communities. In Rhode Islanders living with ALS. I saw our daily lives, we can always do more, Tuesday of May 1939, eight games into in each face courage and dignity equal and I am so proud to know that Travis the season, the Yankee captain took to Lou Gehrig’s. will be helping WVU reach the next his name off the lineup card. ‘‘I’m Senator Jacob Javits of New York, level. benching myself, Joe,’’ he told man- who worked for years after his 1979 It is very difficult to imagine my of- ager Joe McCarthy, ‘‘for the good of ALS diagnosis to improve long-term fice without Travis, but I know he will the team.’’ care and end-of-life policies, said: bring the same level of excitement, en- A series of tests at the Mayo Clinic Life does not stop with terminal illness. ergy, and dedication to his new posi- in Rochester, MN, would reveal that Only the patient stops if he doesn’t have the tion as he brought to my office for amyotrophic lateral sclerosis, a disease will to go forward with life. more than 9 years. He is a responsive, that causes nerve cells to stop working Brian Dickinson refused to let ALS critical thinker who truly cares about and die, was robbing Gehrig’s swing of stop him. Editor of the Providence our State and fellow citizens. He is a its fabled power. Journal’s editorial page and a prize- West Virginian through and through ALS attacks neurons responsible for winning columnist, he had an indomi- and a proud Mountaineer. controlling voluntary muscles and pro- table spirit. This was the man who Travis has a bright future ahead of gresses rapidly. The brain and spinal once sang ‘‘The Battle Hymn of the Re- him, and I am pleased to say that very cord lose the ability to send messages public’’ outside KGB headquarters on a soon he will be marrying the love of his to the muscles of the body, which tour of Soviet Moscow. And although life, Lindsey Bennett—from my home- weaken and atrophy. ALS can impair ALS silenced his voice, Brian contin- town of Fairmont—who is a beautiful speaking, swallowing, and breathing. ued to tap out his column for a number and intelligent young lady. I know that As Gehrig biographer Jonathan Eig ex- of years, with the help of a special they will have a long and happy life to- plains, the progression of ALS is like computer in his home. His profound, gether, and I am proud to say that they ‘‘shutting down the body’s functions optimistic observations inspired his will always remain a part of the one by one, like a night watchman readers. ‘‘I do believe,’’ he once assured Manchin family. switching off the factory-floor lights.’’ us, ‘‘that the capacity for hope can f Yet on that humid 1939 Independence help us meet stiff challenges.’’ Day, between the legs of a double- Brian finally lost his battle with ALS THE FIGHT AGAINST ALS header against the Washington Sen- in 2002. Last month, the ALS Associa- Mr. WHITEHOUSE. Mr. President, ators, Lou Gehrig stood before a tangle tion Rhode Island Chapter presented this Fourth of July marked the 75th of microphones at homeplate, bowed the Brian Dickinson Courage Award to anniversary of the muggy summer more by humility at the adulation of Kreg Palko. afternoon the great Henry Louis 62,000 Yankee fans, teammates, ball As we look back to the day Lou Gehrig bid farewell to baseball and in- boys, and groundskeepers than by his Gehrig reminded us he had ‘‘an awful troduced Americans to the illness that disease. Clenching his cap in two lot to live for,’’ we should renew our

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE July 17, 2014 CONGRESSIONAL RECORD — SENATE S4615 own will to go forward, with TRIBUTE TO COLONEL MARIAMNE gree in business and economics from workmanlike determination, toward a R. M. OKRZESIK Stanford University. cure. ∑ Mr. CARDIN. Mr. President, I wish to John dedicated much of his life to public service. He served in the Idaho f honor and pay tribute to an excep- tional leader, Col. Mariamne R. State Senate where he rose to the posi- ADDITIONAL STATEMENTS Okrzesik. After a lifetime of service to tions of majority leader and minority our Nation, Colonel Okrzesik is retir- leader. He was mayor of Malad, the ing from the U.S. Air Force and her town he grew up in. In 1974, he was REMEMBERING HAROLD LEONARD current position as Director of the Of- elected Lieutenant Governor before his ‘‘LENNY’’ KAUFER fice of Legislative Affairs, United terms as Idaho’s 27th Governor from 1977 to 1987. He led Idaho through a ∑ States Central Command, at MacDill Mr. BOOKER. Mr. President, today I number of challenging times: the his- recognize the life and legacy of New Air Force Base in Tampa, FL. On this occasion I believe it is fitting to recog- toric settlement of water rights, the Jerseyan Lenny Kaufer, who passed closure of the Bunker Hill Mine, and away on July 13 at the age of 92. Lenny nize Colonel Okrzesik’s extraordinary dedication to duty and selfless service the difficult economic times much of was a dear friend and inspiration to me the Nation saw in the 1980s. He also at the very dawn of my career in public to the United States of America. Colonel Okrzesik has served at all contributed to the national dialogue, service. He will be greatly missed by having served in leadership positions in all who knew him. levels in the Air Force. Her career began when she received her commis- the Western Governors Association and Harold Leonard Kaufer was born on National Governor’s Association. August 25, 1921, in Newark, NJ, where sion in 1986 through the Reserve Officer Training Corps program at the Univer- He was dedicated to community serv- he was raised with his 10 siblings in the ice and supported numerous efforts and Roseville neighborhood by his parents, sity of Maryland. Colonel Okrzesik’s distinguished military service has organizations. He was a member of the Abraham and Gussie. As a son of New- Veterans of Foreign Wars, American ark, a graduate of its schools, and a taken her all over the world in defense of our Nation. Her career has included Legion, the Fraternal Order of Eagles, New Jersey small business owner, and the Rotary Club, and he was a Lenny cared passionately about New assignments and duties across a wide variety of command, intelligence, and Mason. He also held a number of lead- Jersey and its future, cheering the re- ership positions for the Independent vival of its largest city and keeping staff positions throughout Europe, the Pacific, and the United States. Colonel Community Bankers Association. track of the news ‘‘back home.’’ He Following his retirement from public Okrzesik has served as an intelligence considered Newark and New Jersey to office in 1987, he became president of flight commander; director of oper- be at the very core of his identity, and D.L. Evans Bank in Burley, ID. During ations; executive officer; Major Com- even though his retirement took him his tenure, the bank grew from two mand; Headquarters Air Force and Sec- to California, he kept a book of his- banks to 21 banks, assisting thousands retary of the Air Force staff officer; toric photos of Newark on his bedside of Idaho residents and businesses. squadron commander; and Joint Com- table until the day he died. Lenny Idahoans benefited greatly from his batant Command staff officer. Colonel never forgot where he came from. steady leadership in public office and Okrzesik has received numerous I had the great fortune to get to in business. He was known for his open- awards during her career, including the know Lenny during my time on the door policy, strong work ethic and al- Defense Meritorious Service Medal, Air Newark City Council and as mayor. I ways taking the time to meet with fel- Force Meritorious Service Medal with consider him to have been one of the low Idahoans. I extend my condolences six oak leaf clusters, the Joint Com- more gentle, kind souls I have ever to his wife Lola, brother Don, children, mendation Medal, and Air Force Com- met, and I appreciated his sound per- grandchildren, great-grandchildren and mendation Medal. spective and sage advice. I treasure the many other family members and It is a pleasure to recognize Colonel conversations we shared, as well as his friends. He will be greatly missed.∑ undeterred love of Newark, and I will Okrzesik’s long and decorated career f miss his wisdom. today and also the great benefit to the Above all else, Lenny was devoted to Nation she has provided as a senior WINNEBAGO COUNTY, IOWA his family. In 2012, he and his wife leader for the U.S. Air Force and De- ∑ Mr. HARKIN. Mr. President, the Shirley celebrated their 50th wedding partment of Defense. Colonel Okrzesik strength of my State of Iowa lies in its anniversary, and they found great has always achieved excellence during vibrant local communities, where citi- pleasure in the time spent with their her career. On behalf of a grateful na- zens come together to foster economic daughter, three grandchildren, and two tion, I join my colleagues today in rec- development, make smart investments great-grandchildren. Lenny always ognizing and commending Colonel to expand opportunity, and take the gave loved ones a kiss for the road. As Okrzesik for a lifetime of service to her initiative to improve the health and a man of faith, after moving to Cali- country. For all she has given and con- well-being of residents. Over the dec- fornia, he maintained a membership at tinues to give to our country we are in ades, I have witnessed the growth and his temple in New Jersey, just so he her debt. As Colonel Okrzesik retires to revitalization of so many communities could ensure that his family there Lothian, MD, we express our gratitude across my State. And it has been deep- would always have a home for the High for her faithful and dedicated service ly gratifying to see how my work in Holidays. and wish her our sincerest best wishes Congress has supported these local ef- ∑ Lenny is mourned by his wife Shir- upon her retirement. forts. ley, his daughter Jacqueline, sisters f I have always believed in account- Madeline and Helga, brother Irwin, ability for public officials, and this, my three grandchildren, two great-grand- REMEMBERING JOHN V. EVANS final year in the Senate, is an appro- children, a large extended family, and ∑ Mr. CRAPO. Mr. President, I wish to priate time to give an accounting of his many friends and neighbors. Lenny honor the life of former Idaho Governor my work across four decades rep- touched so many lives over his 92 John Victor Evans. Governor Evans resenting Iowa in Congress. I take years. He was an American treasure. will be missed, but his impact on Idaho pride in accomplishments that have He demonstrated the truth that so and his legacy of dedicated service will been national in scope—for instance, often the biggest thing you can do in endure. passing the Americans with Disabil- any day is a small act of kindness, de- Governor Evans and his family were ities Act and spearheading successful cency, or love. Lenny lived every day Idaho pioneers. He was born and raised farm bills. But I take a very special with constant kindness, unyielding de- in Malad, ID. He attended Idaho State pride in projects that have made a big cency, and a remarkable love for oth- University, and like so many of his difference in local communities across ers. I ask that the Senate join me in generation, he went to serve as an in- my State. honoring him and remembering his ex- fantryman in World War II. After re- Today, I would like to give an ac- traordinary life.∑ turning from the war, he earned a de- counting of my work with leaders and

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S4616 CONGRESSIONAL RECORD — SENATE July 17, 2014 residents of Winnebago County to build farmers and rural communities. I have at long last have the opportunity to a legacy of a stronger local economy, been a member of the House or Senate contribute their talents and to be fully better schools and educational oppor- Agriculture Committee for 40 years— included. These changes have increased tunities, and a healthier, safer commu- including more than 10 years as chair- economic opportunities for all citizens nity. man of the Senate Agriculture Com- of Winnebago County, both those with Between 2001 and 2013, the creative mittee. Across the decades, I have and without disabilities. And they leadership in your community has championed farm policies for Iowans make us proud to be a part of a com- worked with me to secure funding in that include effective farm income pro- munity and country that respects the Winnebago County worth over $1.2 mil- tection and commodity programs; worth and civil rights of all of our citi- lion and successfully acquired financial strong, progressive conservation assist- zens. assistance from programs I have fought ance for agricultural producers; renew- This is at least a partial accounting hard to support, which have provided able energy opportunities; and robust of my work on behalf of Iowa, and spe- more than $28 million to the local economic development in our rural cifically Winnebago County, during my economy. communities. Since 1991, through var- time in Congress. In every case, this Of course my favorite memory of ious programs authorized through the work has been about partnerships, co- working together has to be the success farm bill, Winnebago County has re- operation, and empowering folks at the that the county has had in securing ceived more than $19 million from a va- State and local level, including in Win- over $9.4 million funds for the Heart- riety of farm bill loan and grant pro- nebago County, to fulfill their own land Power Cooperative through pro- grams. dreams and initiatives. And, of course, grams I fought for at the Federal Keeping Iowa communities safe: I this work is never complete. Even after Emergency Management Agency and in also firmly believe that our first re- I retire from the Senate, I have no in- past farm bills. sponders need to be appropriately tention of retiring from the fight for a Among the highlights: trained and equipped, able to respond better, fairer, richer Iowa. I will always School grants: Every child in Iowa to both local emergencies and to state- be profoundly grateful for the oppor- deserves to be educated in a classroom wide challenges such as, for instance, tunity to serve the people of Iowa as that is safe, accessible, and modern. the methamphetamine epidemic. Since their Senator.∑ That is why, for the past decade and a 2001, Winnebago County’s fire depart- f half, I have secured funding for the in- ments have received over $623,971 for novative Iowa Demonstration Con- firefighter safety and operations equip- ALLAMAKEE COUNTY, IOWA struction Grant Program—better ment. ∑ Mr. HARKIN. Mr. President, the known among educators in Iowa as Wellness and health care: Improving strength of my State of Iowa lies in its Harkin grants for public schools con- the health and wellness of all Ameri- vibrant local communities, where citi- struction and renovation. Across 15 cans has been something I have been zens come together to foster economic years, Harkin grants worth more than passionate about for decades. That is development, make smart investments $132 million have helped school dis- why I fought to dramatically increase to expand opportunity, and take the tricts to fund a range of renovation and funding for disease prevention, innova- initiative to improve the health and repair efforts—everything from updat- tive medical research, and a whole well-being of residents. Over the dec- ing fire safety systems to building new range of initiatives to improve the ades, I have witnessed the growth and schools. In many cases, these Federal health of individuals and families not revitalization of so many communities dollars have served as the needed in- only at the doctor’s office but also in across my State. And it has been deep- centive to leverage local public and our communities, schools, and work- ly gratifying to see how my work in private dollars, so it often has a tre- places. I am so proud that Americans Congress has supported these local ef- mendous multiplier effect within a have better access to clinical preven- forts. school district. Over the years, Winne- tive services, nutritious food, smoke- I have always believed in account- bago County has received $1,083,026 in free environments, safe places to en- ability for public officials, and this, my Harkin grants. gage in physical activity, and informa- final year in the Senate, is an appro- Disaster mitigation and prevention: tion to make healthy decisions for priate time to give an accounting of In 1993, when historic floods ripped themselves and their families. These my work across four decades rep- through Iowa, it became clear to me efforts not only save lives, they will resenting Iowa in Congress. I take that the national emergency-response also save money for generations to pride in accomplishments that have infrastructure was woefully inadequate come thanks to the prevention of cost- been national in scope—for instance, to meet the needs of Iowans in flood- ly chronic diseases, which account for passing the Americans with Disabil- ravaged communities. I went to work a whopping 75 percent of annual health ities Act and spearheading successful dramatically expanding the Federal care costs. I am pleased that Winne- farm bills. But I take a very special Emergency Management Agency’s haz- bago County has recognized this impor- pride in projects that have made a big ard mitigation program, which helps tant issue by securing $120,000 for com- difference in local communities across communities reduce the loss of life and munity wellness activities. my State. property due to natural disasters and Disability rights: Growing up, I loved Today, I would like to give an ac- enables mitigation measures to be im- and admired my brother Frank, who counting of my work with leaders and plemented during the immediate recov- was deaf. But I was deeply disturbed by residents of Allamakee County to build ery period. Disaster relief means more the discrimination and obstacles he a legacy of a stronger local economy, than helping people and businesses get faced every day. That is why I have al- better schools and educational oppor- back on their feet after a disaster, it ways been a passionate advocate for tunities, and a healthier, safer commu- means doing our best to prevent the full equality for people with disabil- nity. same predictable flood or other catas- ities. As the primary author of the Between 2001 and 2013, the creative trophe from recurring in the future. Americans with Disabilities Act, ADA, leadership in your community has The hazard mitigation program that I and the ADA Amendments Act, I have worked with me to successfully acquire helped create in 1993 provided critical had four guiding goals for our fellow financial assistance from programs I support to Iowa communities impacted citizens with disabilities: equal oppor- have fought hard to support, which by the devastating floods of 2008. Win- tunity, full participation, independent have provided more than $26 million to nebago County has received over $8.2 living and economic self-sufficiency. the local economy. million to remediate and prevent wide- Nearly a quarter century since passage Of course my favorite memory of spread destruction from natural disas- of the ADA, I see remarkable changes working together has to be the commu- ters. in communities everywhere I go in nity’s success in obtaining funding for Agricultural and rural development: Iowa—not just in curb cuts or closed school construction, fire safety, tech- Because I grew up in a small town in captioned television, but in the full nology, and other improvements rural Iowa, I have always been a loyal participation of people with disabilities through Harkin school construction friend and fierce advocate for family in our society and economy, folks who grants, the Star Schools program, and

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE July 17, 2014 CONGRESSIONAL RECORD — SENATE S4617 American Recovery and Reinvestment citizens with disabilities: equal oppor- class. His ability to give back to the Act of 2009 funds. tunity, full participation, independent National Guard and his community Among the highlights: living and economic self-sufficiency. was also exemplified during his 3 years School grants: Every child in Iowa Nearly a quarter century since passage of teaching ROTC at the University of deserves to be educated in a classroom of the ADA, I see remarkable changes Nevada, Las Vegas. Upon his retire- that is safe, accessible, and modern. in communities everywhere I go in ment from the National Guard, Colonel That is why, for the past decade and a Iowa—not just in curb cuts or closed Walker plans to continue working for half, I have secured funding for the in- captioned television, but in the full National Security Technologies as the novative Iowa Demonstration Con- participation of people with disabilities company’s facility manager at Nellis struction Grant Program—better in our society and economy, folks who Air Force Base in Las Vegas. known among educators in Iowa as at long last have the opportunity to I extend my deepest gratitude to Harkin grants for public schools con- contribute their talents and to be fully Colonel Walker for his courageous con- struction and renovation. Across 15 included. These changes have increased tributions to the United States of years, Harkin grants worth more than economic opportunities for all citizens America and to freedom-loving nations $132 million have helped school dis- of Allamakee County, both those with around the world. His service to his tricts to fund a range of renovation and and without disabilities. And they country and his bravery and dedication repair efforts—everything from updat- make us proud to be a part of a com- earn him a place among the out- ing fire safety systems to building new munity and country that respects the standing men and women who have val- schools. In many cases, these Federal worth and civil rights of all of our citi- iantly defended our Nation. As a mem- dollars have served as the needed in- zens. ber of the Senate Veterans’ Affairs centive to leverage local public and This is at least a partial accounting Committee, I recognize that Congress private dollars, so it often has a tre- of my work on behalf of Iowa, and spe- has a responsibility not only to honor mendous multiplier effect within a cifically Allamakee County, during my these brave individuals who serve our school district. Over the years, time in Congress. In every case, this Nation but also to ensure they are Allamakee County has received work has been about partnerships, co- cared for when they return home. I re- $1,792,068 in Harkin grants. Similarly, operation, and empowering folks at the main committed to upholding this schools in Allamakee County have re- State and local level, including in promise for our veterans and service- ceived funds that I designated for Iowa Allamakee County, to fulfill their own members in Nevada and throughout the Star Schools for technology totaling dreams and initiatives. And, of course, Nation. Throughout his tenure, Colonel $59,494. Finally, Allamakee schools re- this work is never complete. Even after Walker has demonstrated profes- ceived more than $280,000 through the I retire from the Senate, I have no in- sionalism, commitment to excellence, American Recovery and Reinvestment tention of retiring from the fight for a and dedication to the highest standards Act of 2009 for academic and learning better, fairer, richer Iowa. I will always of the Army National Guard. I am both support. be profoundly grateful for the oppor- humbled and honored by his service Agricultural and rural development: tunity to serve the people of Iowa as Because I grew up in a small town in ∑ and am proud to call him a fellow Ne- their Senator. vadan. I ask my colleagues to join me rural Iowa, I have always been a loyal f friend and fierce advocate for family in recognizing COL James Walker for farmers and rural communities. I have CONGRATULATING COLONEL all of his accomplishments and wish JAMES WALKER him well in all of his future endeav- been a member of the House or Senate ∑ Agriculture Committee for 40 years— ∑ Mr. HELLER. Mr. President, I wish ors. including more than 10 years as chair- to congratulate COL James Walker of f man of the Senate Agriculture Com- Las Vegas, Nevada on his upcoming re- USS ‘‘NEVADA’’ CENTENNIAL mittee. Across the decades, I have tirement from the Nevada Army Na- ∑ Mr. HELLER. Mr. President, I wish championed farm policies for Iowans tional Guard. I am proud to honor a to recognize the 100th Anniversary of that include effective farm income pro- Nevadan who has dedicated his life to the commissioning of the USS Nevada tection and commodity programs; serving our country. Battleship. I am proud to be able to strong, progressive conservation assist- Born and raised in Las Vegas, NV, honor Nevada’s namesake battleship ance for agricultural producers; renew- Colonel Walker’s desire to serve came today and all of the Americans that able energy opportunities; and robust when he was studying psychology in served aboard her. economic development in our rural college. On scholarship for soccer at The anniversary of the battleship communities. Since 1991, through var- the University of Nevada, Las Vegas, USS Nevada comes on the heels of Ne- ious programs authorized through the he decided he wanted to enlist and be- vada celebrating its 150th year of state- farm bill, Allamakee County has re- come a combat medic. Upon joining the hood. Through her years of service, the ceived more than $1.3 million from a Army in 1979, Colonel Walker rose Nevada suffered many blows and cas- variety of farm bill programs. through the ranks and eventually be- ualties, but remained dedicated to de- Keeping Iowa communities safe: I came the highest ranking African- fending her country. The crew that also firmly believe that our first re- American Army National Guard officer served aboard her have all earned a sponders need to be appropriately in Nevada history. Colonel Walker’s ca- place among the outstanding men and trained and equipped, able to respond reer from private to colonel over the women who have valiantly defended to both local emergencies and to state- course of 35 years is both commendable our Nation. I, along with my fellow Ne- wide challenges such as, for instance, and admirable. vadans, feel a great sense of pride that the methamphetamine epidemic. Since Throughout his career, Colonel Walk- our State has been chosen as the name- 2001, Allamakee County’s fire depart- er continued to pursue all of the edu- sake for this ship that is arguably one ments have received over $900,000 for cational training that the Army Na- of the greatest of our navy or of any firefighter safety and operations equip- tional Guard had to offer. With the Navy. ment. support of his wife Doris Colonel Walk- Launched on July 11, 1914, at the Disability rights: Growing up, I loved er decided to pursue three NCO profes- Fore River Shipbuilding Corporation in and admired my brother Frank, who sional development schools, earning Quincy, MA, the USS Nevada was the was deaf. But I was deeply disturbed by him the prestigious NCO Ribbon. Colo- most-advanced battleship in the U.S. the discrimination and obstacles he nel Walker also participated in an Offi- Navy at the time. The USS Nevada saw faced every day. That is why I have al- cer Candidate School at Clear Creek both World Wars during her time in ac- ways been a passionate advocate for near Carson City and was a pioneering tive service. During the final months of full equality for people with disabil- student in the Nevada primary leader- World War I, she was based in Bantry ities. As the primary author of the ship development course, graduating at Bay, County Cork, Ireland, to ensure Americans with Disabilities Act, ADA, the top of his class with honors. After that the supply convoys that were sail- and the ADA Amendments Act, I have his success there, he served as a train- ing to and from Great Britain were pro- had four guiding goals for our fellow ing officer for the next graduating tected. In World War II, she was the

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S4618 CONGRESSIONAL RECORD — SENATE July 17, 2014 only ship to get underway during the dered him unable to walk and breathe EXECUTIVE MESSAGES REFERRED Japanese attack at Pearl Harbor. After on his own, Mattie was a survivor. He As in executive session the Presiding receiving one torpedo hit and several began writing poetry at the age of 3. He Officer laid before the Senate messages bomb hits, the USS Nevada had to be wrote poems about hope and peace. His from the President of the United beached, but after vigorous salvage philosophy was, ‘‘Remember to play States submitting sundry nominations work, repairs and improvements, she after every storm,’’ and he did. which were referred to the appropriate Mattie believed that wishes can come was able to return to combat. Highly committees. true. He had three. The first was to decorated for the numerous battles (The messages received today are talk peace with Jimmy Carter. They that she was a part of, the USS Nevada printed at the end of the Senate pro- spoke several times through email cor- was present at the Attu landings ceedings.) against the Japanese, fired against respondence. His second was to have German defenses during the Normandy his poems published in a book. He f landings, and supported operations in wrote the most successful volumes of MESSAGE FROM THE HOUSE Iwo Jima and Okinawa. After over 30 poetry in the last 30 years and became a seven-time New York Times best- At 1:23 p.m., a message from the years of service, the USS Nevada was House of Representatives, delivered by deemed too old for retention and was selling author. His last was to see his poetry read on Oprah. He appeared on Mrs. Cole, one of its reading clerks, an- assigned to serve as a target in the nounced that the House has passed the atomic bomb tests at Bikini Atoll. The Oprah’s show several times and became her good friend. following bill, in which it requests the experience left her radioactive and concurrence of the Senate: badly damaged, leading to her being In September 2001, Mattie faced a set- decommissioned and eventually sunk back. He was so sick that his doctors H.R. 5016. An act making appropriations for financial services and general govern- during naval gunfire practice. warned a laugh could cause his dam- aged windpipe to collapse. But that did ment for the fiscal year ending September 30, It is an honor to be able to com- 2015, and for other purposes. memorate this day on behalf of my fel- not stop Mattie from a spectacular re- covery. His doctors could not explain low Nevadans as we remember those At 3:03 p.m., a message from the his comeback from this brush with who have risked their lives to defend House of Representatives, delivered by death, but Mattie knew what it was. It freedom. Our Navy’s commitment to Mrs. Cole, one of its reading clerks, an- was hope, prayer, and just one in a se- this country, as well as their dedica- nounced that the House agreed to the tion to their families and communities, ries of miracles in a miraculous life. After the chaos and confusion of Sep- following concurrent resolution, in exemplified why the legacy of all vet- tember 11 and the anthrax attacks on which it requests the concurrence of erans must be preserved for genera- the Capitol, I was very grief stricken. I the Senate: tions to come. These heroes selflessly saw a little boy on TV reading poetry, H. Con. Res. 108. Concurrent resolution served not for recognition, but because offering hope and healing. Mattie com- providing for the correction of the enroll- it was the right thing to do. As a mem- ment of H.R. 5021. forted me and lifted my spirits. I con- ber of the Senate Veterans’ Affairs tacted him through his hospital and f Committee, I recognize that Congress visited with him and his mother in his MEASURES REFERRED has a responsibility not only to honor home. In 2002, I presented Mattie with these brave individuals, but to ensure the Children’s Hope Medal of Honor. The following bill was read the first they are cared for after their return This medal is given to young heroes and the second times by unanimous home. I remain committed to uphold- who have shown valiant effort and consent, and referred as indicated: ing this promise for our veterans and courage in facing life’s daily chal- H.R. 5016. An act making appropriations servicemembers in Nevada and lenges. No one was more deserving of for financial services and general govern- throughout the Nation. that medal than Mattie Stepanek. ment for the fiscal year ending September 30, I ask that we recognize the commis- Today we must also remember 2015, and for other purposes; to the Com- mittee on Appropriations. sioning of the USS Nevada and honor Mattie’s mother Jeni Stepanek. Like all that sailed aboard her. I am both Mattie, she suffers physical challenges, f humbled and honored to commemorate but her heart, mind, and spirit remain MEASURES READ THE FIRST TIME the brave men and women who dedi- strong. Without Jeni, Mattie would cated their lives to serving our country never have been able to share his beau- The following bill was read the first and recognize them here today. May we tiful, inspiring words with us. Mattie time: never forget the legacy of this great got his knack for public speaking from S. 2631. A bill to prevent the expansion of ∑ battleship and her gallant crew. his mom. She writes and talks about the Deferred Action for Childhood Arrivals f program unlawfully created by Executive children with disabilities. He also got memorandum on August 15, 2012. REMEMBERING MATTIE STEPANEK his love of life from her. Jeni continues to inspire us all with her life, with f ∑ Ms. MIKULSKI. Mr. President, I wish Mattie’s words, and most importantly, to pay tribute to the life of Matthew REPORTS OF COMMITTEES a message of peace and hope. Joseph Thaddeus Stepanek, best known In his poem entitled ‘‘The Daily The following reports of committees as Mattie, who passed away 10 years Gift,’’ Mattie wrote: were submitted: ago at the age of 13 from complications By Mr. DURBIN, from the Committee on You know what? due to his rare form of muscular dys- Appropriations, with an amendment in the Tomorrow is a new day. nature of a substitute: trophy. Though his death was a trag- And today is a new day. H.R. 4870. A bill making appropriations for edy, his life was a triumph. He was a Actually, every day is a new day. the Department of Defense for the fiscal year gifted author and noted peacemaker. Thank you, God, ending September 30, 2015, and for other pur- He took a personal challenge and For all of these special and new days. poses (Rept. No. 113–211). turned it into a tool of inspiration for This is how Mattie Stepanek lived By Mr. LEAHY, from the Committee on all of us. Mattie once said, ‘‘I want my his life—with appreciation, inspiration, the Judiciary: message to live beyond me,’’ and it and energy. That is why I wish to say: Report to accompany S. 517, a bill to pro- does. His message of peace and hope Thank you, God, for blessing us with mote consumer choice and wireless competi- has reached millions around the world. the gift of Mattie Stepanek and his tion by permitting consumers to unlock mo- When Mattie was born in 1990 in heart of songs.∑ bile wireless devices, and for other purposes (Rept. No. 113–212). Upper Marlboro, MD, doctors did not f expect him to live longer than 24 hours. By Mr. LEAHY, from the Committee on Mattie suffered from the same rare MESSAGES FROM THE PRESIDENT the Judiciary, with an amendment in the na- ture of a substitute: form of muscular dystrophy as his Messages from the President of the S.J. Res. 19. A joint resolution proposing mother, his two brothers, and sister. United States were communicated to an amendment to the Constitution of the His siblings all died before the age of 4. the Senate by Mr. Pate, one of his sec- United States relating to contributions and Though the disease eventually ren- retaries. expenditures intended to affect elections.

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE July 17, 2014 CONGRESSIONAL RECORD — SENATE S4619 EXECUTIVE REPORTS OF House, $3.00, ActBlue.com; 11/12/12, Barack shall transmit to the Committees on Finance COMMITTEE Obama, President, $100.00, Obama For Amer- and Foreign Relations of the Senate and the ica; 2013, Elizabeth Colbert Busch, Congress/ Joint Committee on Taxation the text of the The following executive reports of House, $20.00, Estimate, I’m unable to locate rules of procedure applicable to arbitration nominations were submitted: the original donation amount or date. panels, including conflict of interest rules to By Mr. LEAHY for the Committee on the Zan Sterling (sister-in-law): 6/3/2010, 100, be applied to members of the arbitration Judiciary. Friends of Barbara, Barbara Boxer; 8/21/2010, panel. Pamela Pepper, of Wisconsin, to be United 105, Actblue, Barbara Boxer; 8/22/2010, 25, (2)(A) Not later than 60 days after a deter- States District Judge for the Eastern Dis- Actblue, Gavin Newsom; 10/1/2010, 50, mination has been reached by an arbitration trict of Wisconsin. Actblue, Gavin Newsom; 10/8/2010, 100, DNC, panel in the tenth arbitration proceeding Pamela Harris, of Maryland, to be United Barack Obama; 10/8/2010, 50, Actblue, Barbara conducted pursuant to the Protocol or any of States Circuit Judge for the Fourth Circuit. Boxer; 10/29/2010, 35, Actblue, Barbara Boxer; the treaties described in subparagraph (B), Brenda K. Sannes, of New York, to be 10/29/2010, 9.09, Actblue, Nancy Pelosi; 10/29/ the Secretary of the Treasury shall prepare United States District Judge for the North- 2010, 9.09, Actblue, Jerry McNerney; 10/29/ and submit to the Joint Committee on Tax- ern District of New York. 2010, 9.09, Actblue, Debra Bowen; 10/29/2010, ation and the Committee on Finance of the Patricia M. McCarthy, of Maryland, to be a 9.09, Actblue, Bill Hedrick; 10/29/2010, 9.09, Senate, subject to laws relating to taxpayer Judge of the United States Court of Federal Actblue, Beth Krom; 10/29/2010, 9.09, Actblue, confidentiality, a detailed report regarding Claims for a term of fifteen years. Dave Jones; 10/29/2010, 9.09, Actblue, Steve the operation and application of the arbitra- Jeri Kaylene Somers, of Virginia, to be a Pougnet; 10/29/2010, 9.09, Actblue, Jerry tion mechanism contained in the Protocol Judge of the United States Court of Federal Brown; 10/29/2010, 9.09, Actblue, Gavin and such treaties. The report shall include Claims for a term of fifteen years. Newsom; 4/27/2011, 25, Obama for America, the following information: (Nominations without an asterisk Barack Obama; 8/17/2011, 25, Obama for Amer- (i) For the Protocol and each such treaty, were reported with the recommenda- ica, Barack Obama; 7/29/2011, 5, Dem Sen Cmp the aggregate number of cases pending on Dirct; 8/26/2011, 5, direct payment, Al the respective dates of entry into force of the tion that they be confirmed.) Franken; 2/18/2012, 22, Actblue; 5/19/2012, 20, Protocol and each treaty, including the fol- f Obama for America, Barack Obama; 8/1/2012, lowing information: EXECUTIVE REPORTS OF COMMIT- 26, Actblue; 8/8/2012, 26, Actblue; 9/6/2012, 35, (I) The number of such cases by treaty ar- ticle or articles at issue. TEES—WEDNESDAY, JULY 16, 2014 Obama for America, Barack Obama; 10/9/2012, 26, Actblue; 10/9/2012, 26, Actblue; 9/30/2013, 5, (II) The number of such cases that have The following material was omitted Actblue, Gavin Newsom; 9/30/2013, 5, Actblue, been resolved by the competent authorities from the CONGRESSIONAL RECORD of Terry McAuliffe; 10/7/2013, 3, Actblue, DCCC; through a mutual agreement as of the date July 16, 2014 on page S4557: 11/9/2013, 15, Organizing for Action; 11/14/2013, of the report. 15, Organizing for Action. (III) The number of such cases for which Financial Campaign Contributions Report 7. Sisters and Spouses: Diane Moran Bas- arbitration proceedings have commenced as for Leslie Ann Bassett: sett (sister), 0, Dennis Murray, (brother-in- of the date of the report. Nominee: Leslie Bassett. law) 0. (ii) A list of every case presented to the Post: U.S. Ambassador to Paraguay. competent authorities after the entry into (The following is a list of all members of f force of the Protocol and each such treaty, my immediate family and their spouses. I including the following information regard- have asked each of these persons to inform EXECUTIVE REPORTS OF COMMITTEE—TREATIES ing each case: me of the pertinent contributions made by (I) The commencement date of the case for them. To the best of my knowledge, the in- The following executive reports of purposes of determining when arbitration is formation contained in this report is com- committee were submitted: available. plete and accurate.) By Mr. MENENDEZ, from the Committee (II) Whether the adjustment triggering the Contributions, Amount, Date, Donee: case, if any, was made by the United States 1. Self: 0. on Foreign Relations: Treaty Doc. 113–4: The Protocol Amending or the relevant treaty partner. 2. Spouse: N/A (III) Which treaty the case relates to. the Tax Convention with Spain (Ex. Rept. 3. Children and Spouses: Nadia Jean Bas- (IV) The treaty article or articles at issue 113–10); and sett (minor-no spouse): 0. in the case. Treaty Doc. 113–5: Convention on Taxes 4. Parents: Carole G. Bassett (deceased), (V) The date the case was resolved by the with the Republic of Poland (Ex. Rept. 113– Kimbrough Stone Bassett: 0. competent authorities through a mutual 11) 5. Grandparents : Albert E. Bassett (de- agreement, if so resolved. ceased), Elizabeth Stone Bassett (deceased), The text of the committee-rec- (VI) The date on which an arbitration pro- Mabel Moran Gilchrist (deceased), Gen. John ommended resolutions of advice and ceeding commenced, if an arbitration pro- R. Gilchrist (deceased). consent to ratification are as follows: ceeding commenced. 6. Brothers and Spouses: Kimbrough Stone (VII) The date on which a determination [Treaty Doc. 113–4 The Protocol Amending Bassett (brother): 9/30/09, Alan Grayson, Con- was reached by the arbitration panel, if a IN the Tax Convention with Spain] gress/House, $40.00, ActBlue.com; 2010, Jack determination was reached, and an indica- Conway, Congress/Senate, $20.00, Estimate, Section 1. Senate Advice and Consent Sub- tion as to whether the panel found in favor I’m unable to locate the original donation ject to a Declaration of the United States or the relevant treaty amount or date; 2012, Elizabeth Warren, Con- The Senate advises and consents to the partner. gress/Senate, $40.00, Estimate, I’m unable to ratification of the Protocol Amending the (iii) With respect to each dispute sub- locate the original donation amount or date; Convention between the United States of mitted to arbitration and for which a deter- 11/2/12, Barack Obama, President, $100.00, America and the Kingdom of Spain for the mination was reached by the arbitration Obama For America; 11/3/12, Carol Shea-Por- Avoidance of Double Taxation and the Pre- panel pursuant to the Protocol or any such ter, Congress/House, $3.00, ActBlue.com; 11/3/ vention of Fiscal Evasion With Respect to treaty, the following information: 12, Betty Sue Sutton, Congress/House, $3.00, Taxes on Income and its Protocol, signed at (I) In the case of a dispute submitted under ActBlue.com; 11/3/12, Ami Bera, Congress/ Madrid on February 22, 1990, and a related the Protocol, an indication as to whether the House, $3.00, ActBlue.com; 11/3/12 Ann Memorandum of Understanding signed on presenter of the case to the competent au- McLane Kuster, Congress/House, $3.00, January 14, 2013, at Madrid, together with thority of a Contracting State submitted a ActBlue.com; 11/3/12, Manan Trivedi, Con- correcting notes dated July 23, 2013, and Jan- Position Paper for consideration by the arbi- gress/House, $3.00, ActBlue.com; 11/3/12, Pat- uary 31, 2014 (the ‘‘Protocol’’) (Treaty Doc. tration panel. rick Murphy, Congress/House, $3.00, 113–4), subject to the declaration of section 2 (II) An indication as to whether the deter- ActBlue.com; 11/3/12, Pat Kreitlow, Congress/ and the conditions of section 3. mination of the arbitration panel was ac- House, $3.00, ActBlue.com; 11/3/12, Lois Section 2. Declaration cepted by each concerned person. Frankel, Congress/House, $3.00, ActBlue.com; The advice and consent of the Senate (III) The amount of income, expense, or 11/3/12, Mark Takano, Congress/House, $3.00, under section 1 is subject to the following taxation at issue in the case as determined ActBlue.com; 11/3/12, David Gill, Congress/ declaration: by reference to the filings that were suffi- House, $3.00, ActBlue.com; 11/3/12, Rick The Protocol is self-executing. cient to set the commencement date of the Nolan, Congress/House, $3.00, ActBlue.com; Section 3. Conditions case for purposes of determining when arbi- 11/3/12, Jose Hernandez, Congress/House, The advice and consent of the Senate tration is available. $3.00, ActBlue.com; 11/3/12, Alan Lowenthal, under section 1 is subject to the following (IV) The proposed resolutions (income, ex- Congress/House, $3.00, ActBlue.com; 11/3/12, conditions: pense, or taxation) submitted by each com- Kathryn Boockvar, Congress/House, $3.00, (1) Not later than 2 years after the Pro- petent authority to the arbitration panel. ActBlue.com; 11/3/12, Sean Patrick Maloney, tocol enters into force and prior to the first (B) The treaties referred to in subpara- Congress/House, $3.00, ActBlue.com; 11/3/12, arbitration conducted pursuant to the bind- graph (A) are— Joe Garcia, Congress/House, $3.00, ing arbitration mechanism provided for in (i) the 2006 Protocol Amending the Conven- ActBlue.com; 11/3/12, Jim Graves, Congress/ the Protocol, the Secretary of the Treasury tion between the United States of America

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S4620 CONGRESSIONAL RECORD — SENATE July 17, 2014 and the Federal Republic of Germany for the transmission grid, and for other purposes; to S. 2631. A bill to prevent the expansion of Avoidance of Double Taxation and the Pre- the Committee on Environment and Public the Deferred Action for Childhood Arrivals vention of Fiscal Evasion with Respect to Works. program unlawfully created by Executive Taxes on Income and Capital and to Certain By Mr. VITTER (for himself, Mr. memorandum on August 15, 2012; read the Other Taxes, done at Berlin June 1, 2006 BEGICH, Mr. BOOZMAN, Mr. COONS, Mr. first time. (Treaty Doc. 109–20) (the ‘‘2006 German Pro- CRAPO, and Mr. TESTER): By Mr. VITTER: tocol’’); S. 2621. A bill to amend the Migratory Bird S. 2632. A bill to provide for the expedited (ii) the Convention between the Govern- Hunting and Conservation Stamp Act to in- processing of unaccompanied alien children ment of the United States of America and crease the price of Migratory Bird Hunting illegally entering the United States, and for the Government of the Kingdom of Belgium and Conservation Stamps to fund the acqui- other purposes; to the Committee on the Ju- for the Avoidance of Double Taxation and sition of conservation easements for migra- diciary. the Prevention of Fiscal Evasion with Re- tory birds, and for other purposes; to the spect to Taxes on Income, and accompanying Committee on Environment and Public f Works. protocol, done at Brussels July 9, 1970 (the SUBMISSION OF CONCURRENT AND ‘‘Belgium Convention’’) (Treaty Doc. 110–3); By Mrs. FEINSTEIN (for herself and (iii) the Protocol Amending the Conven- Ms. AYOTTE): SENATE RESOLUTIONS tion between the United States of America S. 2622. A bill to require breast density re- The following concurrent resolutions and Canada with Respect to Taxes on Income porting to physicians and patients by facili- and Senate resolutions were read, and ties that perform mammograms, and for and on Capital, signed at Washington Sep- referred (or acted upon), as indicated: tember 26, 1980 (the ‘‘2007 Canada Protocol’’) other purposes; to the Committee on Health, By Ms. BALDWIN (for herself, Mr. (Treaty Doc. 110–15); or Education, Labor, and Pensions. (iv) the Protocol Amending the Convention By Mr. MORAN (for himself, Mr. ROB- UDALL of New Mexico, Mrs. MURRAY, between the Government of the United ERTS, Mr. CORNYN, Mr. CRUZ, and Mr. Mr. BROWN, Ms. MIKULSKI, Mr. DUR- States of America and the Government of INHOFE): BIN, Mrs. BOXER, Mr. UDALL of Colo- the French Republic for the Avoidance of S. 2623. A bill to prohibit land management rado, Mr. HEINRICH, Mr. LEVIN, Mr. Double Taxation and the Prevention of Fis- modifications relating to the Lesser Prairie MARKEY, Ms. WARREN, Mr. SANDERS, cal Evasion with Respect to Taxes on Income Chicken; to the Committee on Energy and Mrs. SHAHEEN, Ms. HIRONO, and Mr. and Capital, signed at Paris August 31, 1994 Natural Resources. BENNET): (the ‘‘2009 France Protocol’’) (Treaty Doc. By Mrs. SHAHEEN (for herself and Mr. S. Res. 505. A resolution congratulating the 111–4). MCCAIN): Gay, Lesbian, and Allies Senate Staff (3) The Secretary of the Treasury shall pre- S. 2624. A bill to provide additional visas (GLASS) Caucus association on the 10-year for the Afghan Special Immigrant Visa Pro- pare and submit the detailed report required anniversary of the association; to the Com- gram, and for other purposes; to the Com- under paragraph (2) on March 1 of the year mittee on Rules and Administration. mittee on the Judiciary. following the year in which the first report By Mrs. BOXER (for herself and Mr. By Mr. BOOKER (for himself, Mr. is submitted to the Joint Committee on Tax- BURR): BLUMENTHAL, Mr. BROWN, Mr. ation and the Committee on Finance of the S. Res. 506. A resolution recognizing the FRANKEN, Mr. WHITEHOUSE, Mrs. Senate, and on an annual basis thereafter for patriotism and contributions of auxiliaries FEINSTEIN, Mr. TESTER, Mr. WYDEN, a period of five years. In each such report, of veterans service organizations; to the Ms. WARREN, Ms. BALDWIN, Ms. disputes that were resolved, either by a mu- Committee on Veterans’ Affairs. HIRONO, Mr. MENENDEZ, Mrs. GILLI- tual agreement between the relevant com- By Mr. KING (for himself, Ms. COLLINS, BRAND, Mrs. BOXER, Mrs. MURRAY, petent authorities or by a determination of and Mr. SCHUMER): Mr. SANDERS, Mr. KAINE, Mr. MAR- an arbitration panel, and noted as such in S. Res. 507. A resolution designating Au- KEY, Mr. BEGICH, Mrs. SHAHEEN, and prior reports may be omitted. gust 7, 2014, as ‘‘National Lighthouse and (4) The reporting requirements referred to Mr. MERKLEY): Lighthouse Preservation Day’’; considered S. 2625. A bill to establish certain duties in paragraphs (2) and (3) supersede the re- and agreed to. for pharmacies to ensure provision of Food porting requirements contained in para- By Mr. CARDIN (for himself and Mr. and Drug Administration-approved contra- graphs (2) and (3) of section 3 of the resolu- SCHUMER): ception, and for other purposes; to the Com- tion of advice and consent to ratification of S. Res. 508. A resolution commemorating mittee on Health, Education, Labor, and the 2009 France Protocol, approved by the the centennial anniversary of the establish- Pensions. Senate on December 3, 2009. ment of the Congressional Research Service; By Mr. WALSH: considered and agreed to. S. 2626. A bill to amend chapter 69 of title [Treaty Doc. 113–5 Convention on Taxes 31, United States Code, to expand the pay- f with the Republic of Poland] ment in lieu of taxes program to include pay- Section I. Senate Advice and Consent Sub- ments for secure rural schools, and for other ADDITIONAL COSPONSORS ject to a Declaration purposes; to the Committee on Energy and S. 489 The Senate advises and consents to the Natural Resources. At the request of Mr. THUNE, the ratification of the Convention between the By Mrs. FISCHER (for herself and Mr. United States of America and the Republic KING): name of the Senator from Kansas (Mr. of Poland for the Avoidance of Double Tax- S. 2627. A bill to amend the Internal Rev- MORAN) was added as a cosponsor of S. ation and the Prevention of Fiscal Evasion enue Code of 1986 to provide a credit to em- 489, a bill to amend the Tariff Act of with Respect to Taxes on Income, signed on ployers who provide paid family and medical 1930 to increase and adjust for inflation February 13, 2013, at Warsaw (the ‘‘Conven- leave; to the Committee on Finance. the maximum value of articles that tion’’) (Treaty Doc. 113–5), subject to the dec- By Mr. JOHANNS: may be imported duty-free by one per- laration of section 2. S. 2628. A bill to require notification of a Section 2. Declaration Governor of a State if an unaccompanied son on one day, and for other purposes. The advice and consent of the Senate alien child is placed in a facility or with a S. 759 under section 1 is subject to the following sponsor in the State and for other purposes; At the request of Mr. CASEY, the declaration: to the Committee on the Judiciary. name of the Senator from Florida (Mr. The Convention is self-executing. By Mr. DURBIN (for himself, Mr. NELSON) was added as a cosponsor of S. f BEGICH, and Ms. HIRONO): S. 2629. A bill to require employers to no- 759, a bill to amend the Internal Rev- INTRODUCTION OF BILLS AND tify employees and prospective employees of enue Code of 1986 to allow a credit JOINT RESOLUTIONS exemptions from otherwise required cov- against income tax for amounts paid The following bills and joint resolu- erage of health services under group health by a spouse of a member of the Armed tions were introduced, read the first plans; to the Committee on Health, Edu- Forces for a new State license or cer- cation, Labor, and Pensions. and second times by unanimous con- tification required by reason of a per- By Mr. ENZI (for himself, Mr. BAR- manent change in the duty station of sent, and referred as indicated: RASSO, Mr. ROBERTS, and Mr. THUNE): such member to another State. By Mr. MCCAIN (for himself, Mr. S. 2630. A bill to amend the Endangered FLAKE, Mr. GRAHAM, Ms. AYOTTE, and Species Act of 1973 to require disclosure to S. 1725 Mr. INHOFE): States of the basis of determinations under At the request of Mr. NELSON, his S. 2619. A bill to prevent organized human such Act, to ensure use of information pro- name was added as a cosponsor of S. smuggling, and for other purposes; to the vided by State, tribal, and county govern- 1725, a bill to amend the Securities In- Committee on the Judiciary. ments in decisionmaking under such Act, vestor Protection Act of 1970 to con- By Mrs. MCCASKILL (for herself and and for other purposes; to the Committee on Mr. BLUNT): Environment and Public Works. firm that a customer’s net equity S. 2620. A bill to amend the Federal Power By Mr. CRUZ (for himself and Mr. SES- claim is based on the customer’s last Act to improve the reliability of the electric SIONS): statement and that certain recoveries

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE July 17, 2014 CONGRESSIONAL RECORD — SENATE S4621 are prohibited, to change how trustees S. 2545 DURBIN) was added as a cosponsor of S. are appointed, and for other purposes. At the request of Ms. AYOTTE, the Res. 500, a resolution expressing the S. 1738 name of the Senator from Texas (Mr. sense of the Senate with respect to en- At the request of Mr. CORNYN, the CORNYN) was added as a cosponsor of S. hanced relations with the Republic of name of the Senator from Virginia (Mr. 2545, a bill to require the Secretary of Moldova and support for the Republic WARNER) was added as a cosponsor of S. Veterans Affairs to revoke bonuses of Moldova’s territorial integrity. 1738, a bill to provide justice for the paid to employees involved in elec- AMENDMENT NO. 3552 tronic wait list manipulations, and for victims of trafficking. At the request of Mr. TESTER, the S. 2156 other purposes. names of the Senator from Minnesota S. 2569 At the request of Mr. VITTER, the (Ms. KLOBUCHAR) and the Senator from name of the Senator from Utah (Mr. At the request of Mr. WALSH, the Arkansas (Mr. PRYOR) were added as HATCH) was added as a cosponsor of S. name of the Senator from Maryland cosponsors of amendment No. 3552 pro- 2156, a bill to amend the Federal Water (Mr. CARDIN) was added as a cosponsor posed to S. 2244, a bill to extend the Pollution Control Act to confirm the of S. 2569, a bill to provide an incentive termination date of the Terrorism In- scope of the authority of the Adminis- for businesses to bring jobs back to surance Program established under the trator of the Environmental Protection America. Terrorism Risk Insurance Act of 2002, Agency to deny or restrict the use of S. 2570 and for other purposes. defined areas as disposal sites. At the request of Mr. JOHNSON of f S. 2182 South Dakota, the name of the Senator At the request of Mr. WALSH, the from Kansas (Mr. MORAN) was added as STATEMENTS ON INTRODUCED name of the Senator from Illinois (Mr. a cosponsor of S. 2570, a bill to amend BILLS AND JOINT RESOLUTIONS the Internal Revenue Code of 1986 to DURBIN) was added as a cosponsor of S. By Mrs. FEINSTEIN (for herself 2182, a bill to expand and improve care recognize Indian tribal governments for purposes of determining under the and Ms. AYOTTE): provided to veterans and members of S. 2622. A bill to require breast den- the Armed Forces with mental health adoption credit whether a child has special needs. sity reporting to physicians and pa- disorders or at risk of suicide, to re- tients by facilities that perform mam- view the terms or characterization of S. 2593 At the request of Mr. MCCAIN, the mograms, and for other purposes; to the discharge or separation of certain the Committee on Health, Education, individuals from the Armed Forces, to name of the Senator from Wyoming (Mr. ENZI) was added as a cosponsor of Labor, and Pensions. require a pilot program on loan repay- Mrs. FEINSTEIN. Mr. President, de- ment for psychiatrists who agree to S. 2593, a bill to amend the FLAME Act of 2009 to provide for additional wild- spite significant progress in the diag- serve in the Veterans Health Adminis- nosis and treatment of breast cancer, tration of the Department of Veterans fire suppression activities, to provide for the conduct of certain forest treat- this continues to be the second leading Affairs, and for other purposes. ment projects, and for other purposes. cause of cancer death for women, af- S. 2234 S. 2608 fecting one of every 8 women in the At the request of Mr. BOOKER, the At the request of Ms. MURKOWSKI, the United States. name of the Senator from Montana names of the Senator from Louisiana Women with dense breast tissue may (Mr. WALSH) was added as a cosponsor (Mr. VITTER) and the Senator from receive a normal mammogram report of S. 2234, a bill to amend the Internal South Carolina (Mr. SCOTT) were added even if cancer is present. Dense breast Revenue Code of 1986 to allow employ- as cosponsors of S. 2608, a bill to pro- tissue makes it harder to catch cancer ers a credit against income tax for em- vide for congressional approval of na- early because it can obscure cancer in ployees who participate in qualified ap- tional monuments and restrictions on the mammogram image. This is why, prenticeship programs. the use of national monuments, to es- for some women, additional screening S. 2254 tablish requirements for the declara- is so important in catching breast can- At the request of Ms. KLOBUCHAR, the tion of marine national monuments, cer early. name of the Senator from Delaware and for other purposes. Despite this risk for cancer being (Mr. COONS) was added as a cosponsor S. 2611 missed, when women receive their of S. 2254, a bill to amend the Omnibus At the request of Mr. CORNYN, the mammogram report there is no Federal Crime Control and Safe Streets Act of names of the Senator from Wyoming standard for them to be told if they 1968 to enhance the COPS ON THE (Mr. BARRASSO), the Senator from Ne- have dense tissue—even though this is BEAT grant program, and for other braska (Mr. JOHANNS), the Senator already noted by the radiologist read- purposes. from Oklahoma (Mr. COBURN) and the ing their mammogram. S. 2440 Senator from Georgia (Mr. CHAMBLISS) This bill simply requires that women At the request of Mr. UDALL of New were added as cosponsors of S. 2611, a be informed if they have dense tissue, Mexico, the name of the Senator from bill to facilitate the expedited proc- and that they may want to talk with Colorado (Mr. BENNET) was added as a essing of minors entering the United their doctor if they have questions and cosponsor of S. 2440, a bill to expand States across the southern border and to find out if they might benefit from and extend the program to improve for other purposes. additional screening. Early detection is permit coordination by the Bureau of S. RES. 498 the key to survival. Withholding this Land Management, and for other pur- At the request of Mr. GRAHAM, the kind of information from women just poses. names of the Senator from Washington doesn’t make sense. S. 2501 (Mrs. MURRAY), the Senator from Or- This bill sets a minimum Federal At the request of Mr. MANCHIN, the egon (Mr. WYDEN), the Senator from standard, so any state that wants to name of the Senator from Ohio (Mr. Wyoming (Mr. ENZI), the Senator from have additional reporting requirements PORTMAN) was added as a cosponsor of Georgia (Mr. ISAKSON), the Senator may do so. The bill also requires the S. 2501, a bill to amend title XVIII of from Rhode Island (Mr. REED) and the Department of Health and Human the Social Security Act to make im- Senator from Oregon (Mr. MERKLEY) Services to focus on research regarding provements to the Medicare hospital were added as cosponsors of S. Res. 498, dense breast tissue, and better screen- readmissions reduction program. a resolution expressing the sense of the ing tools. Early detection is the key to S. 2529 Senate regarding United States sup- beating cancer and patients deserve ac- At the request of Mrs. SHAHEEN, the port for the State of Israel as it defends cess to information that might just name of the Senator from New York itself against unprovoked rocket at- save their life. (Mrs. GILLIBRAND) was added as a co- tacks from the Hamas terrorist organi- I urge my colleagues to join Senator sponsor of S. 2529, a bill to amend and zation. AYOTTE and me in supporting the reauthorize the controlled substance S. RES. 500 Breast Density and Mammography Re- monitoring program under section 399O At the request of Mrs. SHAHEEN, the porting Act. This commonsense bill in- of the Public Health Service Act. name of the Senator from Illinois (Mr. creases transparency in medicine by

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S4622 CONGRESSIONAL RECORD — SENATE July 17, 2014 improving patients’ access to their own Denying contraception to women rep- nonprofit entity and is referred to in section health information and is supported by resents an erosion of a woman’s right 6033(a)(3)(A)(i) or (iii) of the Internal Rev- organizations including the American to access to contraception and a threat enue Code of 1986) that establishes or main- Cancer Society Cancer Action Net- to women’s access to basic health care. tains a group health plan (other than a grandfathered health plan as defined in sec- work, Are You Dense Advocacy, Breast Access is especially important for low- tion 1251 of the Patient Protection and Af- Cancer Fund, and Susan G. Komen for income women who may lack the re- fordable Care Act (42 U.S.C. 18011)) for its the Cure. sources to find an alternative phar- employees, the Secretary of Health and I look forward to working with my macy in the appropriate time frame Human Services, the Secretary of Labor, and colleagues on this important issue. and women living in rural areas who the Secretary of the Treasury shall jointly may not have multiple pharmacies develop standards that require the employer By Mr. BOOKER (for himself, Mr. near them. When women are seeking to provide notice to current and prospective BLUMENTHAL, Mr. BROWN, Mr. emergency contraception, a phar- employees if the employer is exempted or ex- FRANKEN, Mr. WHITEHOUSE, cepted from covering health services other- macist’s denial can be an unsurmount- wise required to be covered pursuant to title Mrs. FEINSTEIN, Mr. TESTER, able obstacle to access within the lim- Mr. WYDEN, Ms. WARREN, Ms. XXVII of the Public Health Service Act (in- ited timeframe. cluding preventive health services required BALDWIN, Ms. HIRONO, Mr. Under the ABC Act, if a requested under section 2713 of such Act). Such notice MENENDEZ, Mrs. GILLIBRAND, product is not in stock, but the phar- shall include a description of the specific Mrs. BOXER, Mrs. MURRAY, Mr. macy stocks other forms of contracep- items and services that are not covered SANDERS, Mr. KAINE, Mr. MAR- tion, the pharmacy must help the under such plan as a result of such exemp- KEY, Mr. BEGICH, Mrs. SHAHEEN, woman obtain the medication without tion or exception. Such standards shall re- quire that any notice provided under this and Mr. MERKLEY): delay by the method of her preference: S. 2625. A bill to establish certain du- subsection be provided by the employer to order, referral, or a transferred pre- ties for pharmacies to ensure provision employees and prospective employees in a scription. By placing the burden on the of Food and Drug Administration-ap- timely and easily understandable manner. pharmacy—not the individual phar- proved contraception, and for other (b) INFORMING EMPLOYEES OF LIMITATIONS macist—the ABC Act strikes a balance ON COVERAGE.—With respect to the notice re- purposes; to the Committee on Health, between the rights of individual phar- quired under subsection (a), an employer Education, Labor, and Pensions. shall be deemed to be in compliance with the Mr. BOOKER. Mr. President, I rise macists who might have personal reli- gious objections to contraception and requirements of such section if the employer today to introduce with nineteen of my is an eligible organization as defined in, and colleagues the Access to Birth Control the rights of women to receive their provides for the notice in accordance with, Act of 2014, ABC Act, which protects an validly prescribed medication. regulations issued pursuant to section 2713 of individual’s right to birth control by The idea that women would still have the Public Health Service Act (42 U.S.C. requiring pharmacies to fill a valid pre- to fight for access to birth control is 300gg–13). scription for birth control in a timely astonishing. It should be clear: per- (c) ENFORCEMENT.—The provisions of this manner. sonal health care decisions should be section shall apply to employers acting as between women and their doctors. I’m plan sponsors, group health plans, and health Family planning is central to wom- insurance issuers as if enacted in the Em- en’s basic health care. Studies show proud to join with my colleagues in putting forward this legislation that ployee Retirement Income Security Act of that 99 percent of women will use con- 1974 (29 U.S.C. 1001 et seq.), the Public Health traception at some point in their lives. will protect woman’s right to access Service Act (42 U.S.C. 201 et seq.), and the In- Yet, despite the prevalence of contra- contraception throughout the country. ternal Revenue Code of 1986. Any failure by ceptive use, women in at least 24 A woman’s rights must not be depend- an employer acting as a plan sponsor, a States across the country have re- ent on her zip code or State. group health plan, or a health insurance ported incidents where pharmacists I also want to acknowledge the late issuer to comply with the provisions of this have refused to fill prescriptions for Senator Frank R. Lautenberg, who in- Act shall be subject to enforcement through part 5 of subtitle B of title I of the Employee birth control or provide emergency troduced a version of this legislation 5 times in the past. I am proud to build Retirement Income Security Act of 1974 (29 contraception to individuals who do U.S.C. 1131 et seq.), section 2723 of the Public not require a prescription. Further- on Senator Lautenberg’s leadership in Health Service Act (42 U.S.C. 300gg–22), and more, 6 States permit refusals without defending a woman’s right to make re- section 4980D of the Internal Revenue Code patient protections, such as require- sponsible and personal decisions about of 1986. ments to refer or transfer prescrip- her own health. (d) APPLICATION.—This section shall apply tions, and 7 States allow refusals but I look forward to working with my to plan years beginning on or after July 1, prohibit pharmacists from obstructing colleagues to build support for this bill. 2014. patient access to medication. It is Un- f believable to me that in 2014 we are By Mr. DURBIN (for himself, Mr. still debating a woman’s right to make BEGICH, and Ms. HIRONO): SUBMITTED RESOLUTIONS S. 2629. A bill to require employers to responsible and personal decisions about her own health. notify employees and prospective em- Thanks to the Affordable Care Act, ployees of exemptions from otherwise SENATE RESOLUTION 505—CON- insurance plans are required to cover required coverage of health services GRATULATING THE GAY, LES- preventive services, including birth under group health plans; to the Com- BIAN, AND ALLIES SENATE control without a copay. Congress has mittee on Health, Education, Labor, STAFF (GLASS) CAUCUS ASSO- an obligation to see that the intent of and Pensions. CIATION ON THE 10-YEAR ANNI- the Affordable Care Act to make pre- Mr. DURBIN. Mr. President, I ask VERSARY OF THE ASSOCIATION ventive health care affordable and ac- unanimous consent that the text of the Ms. BALDWIN (for herself, Mr. cessible comes to fruition and act to bill be printed in the RECORD. UDALL of New Mexico, Mrs. MURRAY, There being no objection, the text of make sure that the pharmacy counter Mr. BROWN, Ms. MIKULSKI, Mr. DURBIN, the bill was ordered to be printed in does not come between women and Mrs. BOXER, Mr. UDALL of Colorado, the RECORD, as follows: timely access to contraception. Mr. HEINRICH, Mr. LEVIN, Mr. MARKEY, The ABC Act would ensure women’s S. 2629 Ms. WARREN, Mr. SANDERS, Mrs. SHA- timely access to basic, preventative Be it enacted by the Senate and House of Rep- HEEN, Ms. HIRONO, and Mr. BENNET) health care and ensures that women of resentatives of the United States of America in submitted the following resolution; Congress assembled, age will not be denied birth control or which was referred to the Committee emergency contraception by their SECTION 1. SHORT TITLE. on Rules and Administration: pharmacist. The bill requires phar- This Act may be cited as the ‘‘Preventive Care Coverage Notification Act’’. S. RES. 505 macies to help a woman obtain medica- SEC. 2. PROVIDING INFORMATION TO EMPLOY- Whereas on April 23, 2004, several Senate tion by her preferred method if the re- EES AND PROSPECTIVE EMPLOYEES. staffers joined to form a first-of-its-kind quested product is not in stock and (a) DEVELOPMENT OF STANDARDS.—With re- staff association for lesbian, gay, bisexual, protects women from being intimi- spect to an employer (other than an organi- and transgender (referred to in this preamble dated when requesting contraception. zation that is organized and operates as a as ‘‘LGBT’’) Senate staff and their allies;

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE July 17, 2014 CONGRESSIONAL RECORD — SENATE S4623 Whereas the Gay, Lesbian, and Allies Sen- Whereas, each year, auxiliary units raise tourism, to the economies of coastal commu- ate Staff Caucus association (referred to in millions of dollars for cancer research: Now, nities in the United States; this preamble as the ‘‘GLASS Caucus asso- therefore, be it Whereas the National Historic Lighthouse ciation’’) continues to serve the Senate com- Resolved, That the Senate— Preservation Act of 2000 (16 U.S.C. 470w-7 et munity by raising awareness of issues affect- (1) honors and recognizes the patriotism seq.), enacted on October 24, 2000, with the ing the LGBT community; and countless contributions to the United aid of the lighthouse preservation commu- Whereas the GLASS Caucus association States by generations of women in the auxil- nity, provides an effective process adminis- continues to promote the welfare and dignity iaries of veterans service organizations; tered by the General Services Administra- of LGBT Senate employees; and (2) commends members of auxiliaries in tion and the National Park Service for trans- Whereas the GLASS Caucus association the United States and abroad for their dedi- ferring lighthouses to the best possible stew- continues to provide a safe environment for cated service to and support of members of ardship groups; social interaction and professional develop- the Armed Forces and veterans as well as Whereas 2014 is the 200th anniversary of the ment: Now, therefore, be it their families and communities; August 24, 1814, rescue of the original copies Resolved, That the Senate— (3) encourages the people of the United of the Declaration of Independence, the Arti- (1) congratulates the Gay, Lesbian, and Al- States to promote awareness of the contribu- cles of Confederation, the United States Con- lies Senate Staff Caucus association (re- tions and dedication of members of auxil- stitution, and many irreplaceable original ferred to in this resolution as the ‘‘GLASS iaries to members of the Armed Forces, vet- government documents and books from de- Caucus association’’) on the momentous oc- erans, and their families; and struction when the British burned Wash- casion of the association’s 10th anniversary; (4) calls on the people of the United States ington, D.C. during the War of 1812 by Ste- (2) commends the late Senator Frank Ra- to follow the noble example of the auxil- phen Pleasonton, who later served as Gen- leigh Lautenberg of New Jersey for the crit- iaries of veterans service organizations and eral Superintendent of Lighthouses for 32 ical role he played in the formation of the volunteer support and services to those who years; GLASS Caucus association and for his stal- have selflessly served the United States. Whereas 2014 is also the 75th anniversary of wart support for equality; and when Congress dissolved the United States (3) recognizes inaugural GLASS Caucus f Lighthouse Service and turned all of its du- Steering Committee members Lynden Arm- SENATE RESOLUTION 507—DESIG- ties over to the United States Coast Guard; Whereas although the United States Coast strong, Brett Bearce, Jeffrey Levensaler, NATING AUGUST 7, 2014, AS ‘‘NA- Josh Brekenfeld, Jason Knapp, John Fossum, Guard was created in 1915 with the merger of Kelsey Phipps, and Mat Young for their vi- TIONAL LIGHTHOUSE AND the United States Life Saving Service and sion and hard work in establishing the LIGHTHOUSE PRESERVATION the United States Revenue Marine Service, GLASS Caucus association. DAY’’ the United States Coast Guard uses the United States Revenue Marine founding date Mr. KING (for himself, Ms. COLLINS, f of 1790 as its anniversary year, and thus, Au- and Mr. SCHUMER) submitted the fol- gust 7, 2014, is also the 225th anniversary of lowing resolution; which was consid- SENATE RESOLUTION 506—RECOG- the United States Coast Guard; ered and agreed to: Whereas 2014 also marks the 250th anniver- NIZING THE PATRIOTISM AND S. RES. 507 sary of the Sandy Hook Lighthouse in New CONTRIBUTIONS OF AUXILIARIES Jersey, the oldest standing lighthouse tower OF VETERANS SERVICE ORGANI- Whereas August 7, 2014, marks the 225th anniversary of the signing by President in the United States, which was built before ZATIONS George Washington of the Act entitled ‘‘An the United States was a country and was Mrs. BOXER (for herself and Mr. Act for the establishment and support of still part of the British colonies; Whereas for the past several decades, re- BURR) submitted the following resolu- lighthouses, beacons, buoys, and public piers’’, approved August 7, 1789 (commonly gional and national groups have formed tion; which was referred to the Com- within the lighthouse preservation commu- mittee on Veterans’ Affairs: known as the ‘‘Lighthouse Act of 1789’’) (1 Stat. 53, chapter 9); nity to promote lighthouse heritage through S. RES. 506 Whereas in 1789, the ninth Act of the first research, education, tourism, and publica- Whereas, for nearly a century, auxiliaries Congress, established a Federal role in the tions; have served as a complementary and integral support, maintenance, and repair of all light- Whereas despite progress, many light- part of veterans service organizations, sup- houses, beacon buoys, and public piers nec- houses in the United States remain threat- porting members of the Armed Forces, vet- essary for safe navigation, commissioned the ened by erosion, neglect, vandalism, and de- erans, and their families; first Federal lighthouse, and represented the terioration by the elements; and Whereas, since their inception, auxiliary first public works act in the young United Whereas the many completed, ongoing, or units have proudly supported members of the States; planned private and public efforts to pre- Armed Forces, veterans, and the families of Whereas the establishment of the United serve lighthouses demonstrate the public those who have served, volunteering hun- States system of navigational aids set the support for those historic structures: Now, dreds of thousands of hours and raising bil- United States on a path to the forefront of therefore, be it Resolved, That the Senate— lions of dollars; international maritime prominence and es- (1) designates August 7, 2014, as ‘‘National Whereas auxiliaries have representatives tablished lighthouses that played an integral Lighthouse and Lighthouse Preservation in all 50 States and abroad; role in the rich maritime history of the Day’’; Whereas auxiliaries have more than United States, as that history spread from (2) encourages lighthouse grounds to be 1,000,000 members and are composed of wives, the Atlantic coast through the Great Lakes opened to the general public to the extent widows, mothers, grandmothers, daughters, and the Gulf coast and Pacific States; feasible; and and granddaughters of veterans, as well as Whereas those iconic structures, standing (3) encourages the people of the United veterans themselves; at the margins of land and water, sometimes States to observe National Lighthouse and Whereas auxiliary units have raised money for as long as 2 centuries, have symbolized Lighthouse Preservation Day with appro- to aid and enhance the lives of members of safety, security, heroism, duty, and faithful- priate ceremonies and activities. the Armed Forces, veterans, and their fami- ness; lies through financial support—providing as- Whereas architects, designers, engineers, f sistance with essentials such as rent, child builders, and keepers devoted, and in some SENATE RESOLUTION 508—COM- care, utilities, and food; cases jeopardized, their lives for the safety of MEMORATING THE CENTENNIAL Whereas auxiliary units host ‘‘stand- others during centuries of light tending by downs’’ that focus on providing vital health the United States Lighthouse Service and ANNIVERSARY OF THE ESTAB- and support services to homeless veterans; the United States Coast Guard; LISHMENT OF THE CONGRES- Whereas auxiliary units strengthen their Whereas the automation of the light sys- SIONAL RESEARCH SERVICE local communities by conducting food tem exposed the historic lighthouse towers Mr. CARDIN (for himself and Mr. drives, visiting hospitals, and providing to the ravages of time and vandalism and SCHUMER) submitted the following res- scholarships to youth; yet, at the same time, opened an opportunity olution; which was considered and Whereas auxiliary units serve as advocates for citizen involvement in efforts to save and for veterans and their families; restore those beacons that mark the evolv- agreed to: Whereas auxiliary units conduct welcome ing maritime history of the United States S. RES. 508 home and send-off events for members of the and its coastal communities; Whereas, in 1914, Congress recognized the Armed Forces; Whereas the national lighthouse preserva- need for greater assistance and established a Whereas members of auxiliaries selflessly tion movement has gained momentum over reference unit within the Library of Con- volunteer their services at facilities of the the past half century and is making major gress to support an informed and inde- Department of Veterans Affairs throughout contributions to the preservation of mari- pendent legislature; the country to enhance the lives of veterans time history and heritage and, through the Whereas the Legislative Reorganization and their families; and development and enhancement of cultural Act of 1970 (2 U.S.C. 28 et seq.) transformed

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S4624 CONGRESSIONAL RECORD — SENATE July 17, 2014 the Legislative Reference Service into the the Highway Trust Fund, and for other nution by reason of any distributions made Congressional Research Service, expanding purposes; which was ordered to lie on during the election year, for all controlled its size and analytic capacity; the table; as follows: foreign corporations of the United States Whereas the Congressional Research Serv- shareholder.’’. At the end of subtitle A of title I, add the ice is housed within the Library of Congress (B) CONFORMING AMENDMENTS.— following: and benefits from the unparalleled collec- (i) Section 965(b) of such Code is amended tions of the Library of Congress to complete SEC. 10ll. EMERGENCY EXEMPTIONS. by striking paragraphs (2) and (4) and by re- research and analysis and to disseminate in- Any road, highway, or bridge that is dam- designating paragraph (3) as paragraph (2). formation and materials to assist Congress; aged by an emergency that is declared by the (ii) Section 965(c) of such Code is amended Whereas Congressional Research Service Governor of the State and concurred in by by striking paragraphs (1) and (2) and by re- products are the result of collaboration be- the Secretary of Homeland Security or de- designating paragraphs (3), (4), and (5) as tween a diverse workforce consisting of ana- clared as an emergency by the President pur- paragraphs (1), (2), and (3), respectively. lysts, attorneys, information professionals, suant to the Robert T. Stafford Disaster Re- (iii) Paragraph (3) of section 965(c) of such and support staff; lief and Emergency Assistance Act (42 U.S.C. Code, as redesignated by clause (ii), is Whereas the Congressional Research Serv- 5121 et seq.) and that is in operation or under amended to read as follows: construction on the date on which the emer- ice strives to provide accurate and objective ‘‘(3) CONTROLLED GROUPS.—All United assistance to all members and committees at gency occurs— States shareholders which are members of an all stages of the legislative process, and in a (1) may be reconstructed in the same loca- affiliated group filing a consolidated return timely, confidential, and non-partisan man- tion with the same capacity, dimensions, and under section 1501 shall be treated as one ner; and design as before the emergency; and United States shareholder.’’. (2) shall be exempt from any environ- Whereas the Congressional Research Serv- (4) CLERICAL AMENDMENTS.— ice provides Congress with analysis and in- mental reviews, approvals, licensing, and (A) The heading for section 965 of the In- formation on legislative and oversight issues permit requirements under— ternal Revenue Code of 1986 is amended by (A) the National Environmental Policy Act in reports, memoranda, seminars, and brief- striking ‘‘TEMPORARY’’. ings: Now, therefore, be it of 1969 (42 U.S.C. 4321 et seq.); (B) The table of sections for subpart F of Resolved, That the Senate— (B) sections 402 and 404 of the Federal part III of subchapter N of chapter 1 of such (1) recognizes the centennial anniversary Water Pollution Control Act (33 U.S.C. 1342, Code is amended by striking ‘‘Temporary of the establishment of the Congressional 1344); dividends’’ and inserting ‘‘Dividends’’. Research Service and commends the employ- (C) the National Historic Preservation Act (b) TRANSFERS OF REVENUE TO HIGHWAY ees of the Congressional Research Service for (16 U.S.C. 470 et seq.); TRUST FUND.—Section 9503(b) of the Internal their service to Congress and the people of (D) the Migratory Bird Treaty Act (16 Revenue Code of 1986 is amended by adding the United States; and U.S.C. 703 et seq.); at the end the following new paragraph: (2) respectfully requests the Secretary of (E) the Wild and Scenic Rivers Act (16 ‘‘(7) REVENUES ATTRIBUTABLE TO DIVIDENDS the Senate to transmit an enrolled copy of U.S.C. 1271 et seq.); RECEIVED DEDUCTIONS .—There are hereby ap- this resolution to— (F) the Fish and Wildlife Coordination Act propriated to the Highway Trust Fund (A) the Librarian of Congress; and (16 U.S.C. 661 et seq.); amounts equivalent to the revenue derived (B) the Director of the Congressional Re- (G) the Endangered Species Act of 1973 (16 from the amendments made by section search Service. U.S.C. 1531 et seq.), except when the recon- lll(a) of the Highway and Transportation struction occurs in designated critical habi- Funding Act of 2014, as determined by the f tat for threatened and endangered species; Secretary in consultation with the Director (H) Executive Order 11990 (42 U.S.C. 4321 AMENDMENTS SUBMITTED AND of the Congressional Budget Office.’’. note; relating to the protection of wetland); (c) EFFECTIVE DATE.—The amendments PROPOSED and made by this section shall apply to taxable SA 3564. Mr. TOOMEY submitted an (I) any Federal law (including regulations) years ending after the date of the enactment amendment intended to be proposed by him requiring no net loss of wetland. of this Act. to the bill H.R. 5021, to provide an extension of Federal-aid highway, highway safety, SA 3565. Mr. PAUL submitted an SA 3566. Mr. PAUL submitted an motor carrier safety, transit, and other pro- amendment intended to be proposed by amendment intended to be proposed by grams funded out of the Highway Trust him to the bill H.R. 5021, to provide an him to the bill H.R. 5021, to provide an Fund, and for other purposes; which was or- extension of Federal-aid highway, high- extension of Federal-aid highway, high- dered to lie on the table. way safety, motor carrier safety, tran- way safety, motor carrier safety, tran- SA 3565. Mr. PAUL submitted an amend- sit, and other programs funded out of sit, and other programs funded out of ment intended to be proposed by him to the the Highway Trust Fund, and for other the Highway Trust Fund, and for other bill H.R. 5021, supra; which was ordered to lie purposes; which was ordered to lie on purposes; which was ordered to lie on on the table. SA 3566. Mr. PAUL submitted an amend- the table; as follows: the table; as follows: ment intended to be proposed by him to the At the appropriate place, insert the fol- At the appropriate place, insert the fol- bill H.R. 5021, supra; which was ordered to lie lowing: lowing: on the table. SEC. lll. MODIFICATION AND PERMANENT EX- SEC. lll. MULTI-STATE TRANSPORTATION PRI- SA 3567. Mr. LEAHY submitted an amend- TENSION OF THE INCENTIVES TO ORITIES. ment intended to be proposed by him to the REINVEST FOREIGN EARNINGS IN (a) LIST.—The Secretary of Transportation THE UNITED STATES. bill S. 2410, to authorize appropriations for (referred to in this section as the ‘‘Sec- (a) IN GENERAL.— fiscal year 2015 for military activities of the retary’’), in consultation with representative (1) REPATRIATION SUBJECT TO 5 PERCENT TAX Department of Defense, for military con- sample of State and local government trans- RATE.—Subsection (a)(1) of section 965 of the struction, and for defense activities of the portation officials, shall compile a Internal Revenue Code of 1986 is amended by prioritized list of transportation projects, Department of Energy, to prescribe military striking ‘‘85 percent’’ and inserting ‘‘85.7 per- which shall guide the allocation of funding personnel strengths for such fiscal year, and cent’’. to States for multi-State transportation for other purposes; which was ordered to lie (2) PERMANENT EXTENSION TO ELECT REPA- projects. on the table. TRIATION.—Subsection (f) of section 965 of the (b) CRITERIA.—In compiling the list under SA 3568. Mr. INHOFE submitted an amend- Internal Revenue Code of 1986 is amended to subsection (a), the Secretary, in addition to ment intended to be proposed by him to the read as follows: other criteria established by the Secretary, bill S. 2410, supra; which was ordered to lie ‘‘(f) ELECTION.—The taxpayer may elect to shall rank priorities in descending order, be- on the table. apply this section to any taxable year only if ginning with— SA 3569. Mr. INHOFE submitted an amend- made on or before the due date (including ex- (1) the extent of the positive impact the ment intended to be proposed by him to the tensions) for filing the return of tax for such project will have on 1 or more interstate bill S. 2410, supra; which was ordered to lie taxable year.’’. highways; on the table. (3) REPATRIATION INCLUDES CURRENT AND (2) whether the project will repair or re- f ACCUMULATED FOREIGN EARNINGS.— place a road or bridge that— (A) IN GENERAL.—Paragraph (1) of section (A) has been determined to be structurally TEXT OF AMENDMENTS 965(b) of the Internal Revenue Code of 1986 is or functionally obsolete; and SA 3564. Mr. TOOMEY submitted an amended to read as follows: (B) poses a risk to public safety; amendment intended to be proposed by ‘‘(1) IN GENERAL.—The amount of dividends (3) the extent of the positive impact of the taken into account under subsection (a) shall project on interstate commerce, as dem- him to the bill H.R. 5021, to provide an not exceed the sum of the current and accu- onstrated by an examination of economic in- extension of Federal-aid highway, high- mulated earnings and profits described in dicators, including— way safety, motor carrier safety, tran- section 959(c)(3) for the year a deduction is (A) the impact of the project on shipping sit, and other programs funded out of claimed under subsection (a), without dimi- and trucking commerce;

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE July 17, 2014 CONGRESSIONAL RECORD — SENATE S4625 (B) the nexus of the project to other Subtitle E—Defense-wide, Joint, and (A) Summary of the recommendations de- States; and Multiservice Matters scribed in paragraph (1). (C) the availability of alternative routes; SEC. 151. PLAN FOR MODERNIZATION OR RE- (B) A description of the actions taken on (4) the difference between— PLACEMENT OF DIGITAL AVIONIC each recommendation. (A) the estimated volume of traffic that EQUIPMENT. (C) An assessment of current and planned uses the road or bridge after the project is (a) PLAN REQUIRED.—Not later than 90 days physical security capabilities at Department completed; and after the date of the enactment of this Act, facilities, and their ability to meet Depart- (B) the volume of traffic that the existing the Secretary of Defense shall submit to the ment physical security requirements. road or bridge was designed to accommodate; congressional defense committees a plan for (D) An identification and assessment of (5) the national significance (rather than the modernization or replacement of digital known and potential physical security short- the regional significance) of the project; and avionics equipment, including use of com- falls at Department facilities. (6) the ability of the applicable State or mercial-off-the-shelf digital avionics equip- (E) An assessment of the ability of the De- local government to provide additional fund- ment, to meet the Federal Aviation Adminis- partment to eliminate or mitigate shortfalls ing for the project. tration’s (FAA) NextGen Equipage Program in physical security at Department facili- requirements. ties, including recommendations on means (c) REPORT.—Not later than 120 days after (b) ELEMENTS.—The plan required under the date of enactment of this Act, the Sec- to increase physical security at such facili- subsection (a) shall include the following ele- ties and the funding required to implement retary shall submit to Congress a report that ments: such means. includes— (1) A description of the requirements im- (1) a prioritized list of multi-State trans- posed on Department of Defense aircraft by f portation projects; and the FAA transition to the NextGen program, NOTICES OF HEARINGS (2) a description of the criteria used to es- including— tablish the list referred to in paragraph (1). (A) an identification of the type and num- COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS (d) QUARTERLY UPDATES.—Not less fre- ber of aircraft that the Department will need quently than 4 times each year, the Sec- to upgrade; Mr. HARKIN. Mr. President, I wish to retary shall— (B) a definition of the upgrades needed for announce that the Committee on (1) update the report submitted pursuant such aircraft; and Health, Education, Labor, and Pen- to subsection (c); (C) the schedule required for the Depart- sions will meet on July 22, 2014, at 10 (2) transmit a copy of the report to Con- ment to make such upgrades in time to meet a.m., in room SD–430 of the Dirksen gress; and FAA NextGen Equipage Program require- Senate Office Building, to conduct a (3) make copy of the report available to the ments. hearing entitled ‘‘Coal Miners’ Strug- (2) A description of options for— public through the Department of Transpor- gle for Justice: How Unethical Legal tation website. (A) acquiring new equipment, including— (i) new procurement; and and Medical Practices Stack the Deck (ii) leasing equipment and installation and Against Black Lung Claimants.’’ SA 3567. Mr. LEAHY submitted an other services, including the use of public- For further information regarding amendment intended to be proposed by private partnerships; and this meeting, please contact Sindey him to the bill S. 2410, to authorize ap- (B) modernizing existing equipment. Holcomb of the committee staff on propriations for fiscal year 2015 for (3) An evaluation of the ability of each op- (202) 228–1455. military activities of the Department tion to meet future operational requirements COMMITTEE ON HEALTH, EDUCATION, LABOR, of Defense, for military construction, and to meet FAA NextGen Equipage Pro- AND PENSIONS gram requirements. and for defense activities of the De- Mr. HARKIN. Mr. President, I wish to (4) Estimated timeline to modernize or re- announce that the Committee on partment of Energy, to prescribe mili- place the digital avionics equipment across tary personnel strengths for such fiscal the Department of Defense. Health, Education, Labor, and Pen- year, and for other purposes; which was (5) Estimated costs of options to modernize sions will meet in executive session on ordered to lie on the table; as follows: or replace the avionics equipment across the Wednesday, July 23, 2014, at 10 a.m. in Department in order to meet FAA NextGen room SD–430 of the Dirksen Senate Of- Insert after section 101 the following: Equipage Program requirements. fice Building to mark up H.R. 2083, Pro- Subtitle B—Army Programs tecting Students from Sexual and Vio- SA 3569. Mr. INHOFE submitted an lent Predators Act; S. 315, Paul D. SEC. 111. SENSE OF THE SENATE ON UH–72 LIGHT amendment intended to be proposed by Wellstone Muscular Dystrophy Com- UTILITY HELICOPTER HEALTH AND him to the bill S. 2410, to authorize ap- USAGE MONITORING SYSTEM. munity Assistance, Research and Edu- propriations for fiscal year 2015 for cation, MD–CARE, Amendments of It is the sense of the Senate that— military activities of the Department 2013; S. 2154, Emergency Medical Serv- (1) a health and usage monitoring system of Defense, for military construction, for the UH–72 Lakota Light Utility Heli- ices for Children Reauthorization Act and for defense activities of the De- of 2014; S. 531, Physical Activity Guide- copter (LUH) that provides early warning for partment of Energy, to prescribe mili- failing systems may reduce costly emer- lines for Americans Act; S. 2405, Trau- gency maintenance, improve maintenance tary personnel strengths for such fiscal ma Systems and Regionalization of schedules, and increase fleet readiness; and year, and for other purposes; which was Emergency Care Reauthorization Act; (2) the Department of the Army should ordered to lie on the table; as follows: S. 2406, Improving Trauma Care Act of consider establishing LUH health and usage At the end of subtitle F of title X, add the 2014; S. 2539, Traumatic Brain Injury monitoring system requirements that com- following: Reauthorization Act of 2014; S. 2511, A ply with Federal Aviation Administration SEC. 1069. REPORT ON PHYSICAL SECURITY AT bill to amend the Employee Retire- standards for certification and are based on DEPARTMENT OF DEFENSE FACILI- the condition-based maintenance needs of TIES. ment Income Security Act of 1974; as the Army, provided that any decision to pro- (a) FINDING.—Congress finds that the Sec- well as any additional nominations ceed with a program of record will be done retary of Defense reviewed security stand- cleared for action. using full and open competition in accord- ards at Department of Defense facilities fol- For further information regarding ance with the Federal Acquisition Regula- lowing both the November 2009 shootings at this meeting, please contact the Com- tion. Fort Hood, Texas, and the September 2013 mittee at (202) 224–5375. shootings at the Washington Navy Yard, Dis- COMMITTEE ON HEALTH, EDUCATION, LABOR, trict of Columbia, which included an assess- SA 3568. Mr. INHOFE submitted an ment of the ability of the Department to de- AND PENSIONS amendment intended to be proposed by tect, prevent, and respond to future inci- Mr. HARKIN. Mr. President, I wish to him to the bill S. 2410, to authorize ap- dents at such facilities. announce that the Committee on propriations for fiscal year 2015 for (b) REPORT.— Health, Education, Labor, and Pen- (1) IN GENERAL.—Not later than April 30, military activities of the Department sions will meet on July 24, 2014, at 10 2015, the Secretary of Defense shall submit a.m., in room SD–430 of the Dirksen of Defense, for military construction, to Congress a report setting forth a sum- and for defense activities of the De- Senate Office Building, to conduct a mary of the actions taken by the Depart- hearing entitled ‘‘The Role of States in partment of Energy, to prescribe mili- ment of Defense to respond to the rec- Higher Education.’’ tary personnel strengths for such fiscal ommendations resulting from the reviews of security standards described in subsection For further information regarding year, and for other purposes; which was this meeting, please contact Aissa ordered to lie on the table; as follows: (a). (2) ELEMENTS.—The report shall include Canchola of the committee staff on At the end of title I, add the following: the following: (202) 224–2009.

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S4626 CONGRESSIONAL RECORD — SENATE July 17, 2014 AUTHORITY FOR COMMITTEES TO of the Dirksen Senate Office Building agreed to, the preamble be agreed to, MEET to conduct a hearing entitled ‘‘More and the motions to reconsider be laid COMMITTEE ON ARMED SERVICES Than 1,000 Preventable Deaths a Day Is upon the table. Mr. SCHUMER. Mr. President, I ask Too Many: The Need to Improve Pa- The PRESIDING OFFICER. Without unanimous consent that the Com- tient Safety.’’ objection, it is so ordered. mittee on Armed Services be author- The PRESIDING OFFICER. Without The resolution (S. Res. 488) was ized to meet during the session of the any objection, it is so ordered. agreed to. Senate on July 17, 2014, at 9:30 a.m. COMMITTEE ON THE JUDICIARY The preamble was agreed to. The PRESIDING OFFICER. Without Mr. SCHUMER. Mr. President, I ask (The resolution, with its preamble, is objection, it is so ordered. unanimous consent that the Com- printed in the RECORD of June 26, 2014, under ‘‘Submitted Resolutions.’’) COMMITTEE ON COMMERCE, SCIENCE, AND mittee on the Judiciary be authorized TRANSPORTATION to meet during the session of the Sen- f Mr. SCHUMER. Mr. President, I ask ate on July 17, 2014, at 9:30 a.m., in NATIONAL LIGHTHOUSE AND unanimous consent that the Com- room SD–226 of the Dirksen Senate Of- LIGHTHOUSE PRESERVATION DAY mittee on Commerce, Science, and fice Building. Transportation be authorized to meet The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- during the session of the Senate on any objection, it is so ordered. imous consent that the Senate proceed July 17, 2014, at 10 a.m. in room SR–253 SELECT COMMITTEE ON INTELLIGENCE to the consideration of S. Res. 507. of the Russell Senate Office Building to Mr. SCHUMER. Mr. President, I ask The PRESIDING OFFICER. The conduct a hearing entitled, ‘‘Exam- unanimous consent that the Select clerk will report the resolution by ining Accountability and Corporate Committee on Intelligence be author- title. Culture in Wake of the GM Recalls.’’ ized to meet during the session of the The legislative clerk read as follows: The PRESIDING OFFICER. Without Senate on July 17, 2014, at 2:30 p.m. A resolution (S. Res. 507) designating Au- objection, it is so ordered. The PRESIDING OFFICER. Without gust 7, 2014, as ‘‘National Lighthouse and COMMITTEE ON COMMERCE, SCIENCE, AND any objection, it is so ordered. Lighthouse Preservation Day.’’ TRANSPORTATION f There being no objection, the Senate proceeded to consider the resolution. Mr. SCHUMER. Mr. President, I ask REGARDING U.S. SUPPORT FOR Mr. REID. Mr. President, I ask unan- unanimous consent that the Com- ISRAEL mittee on Commerce, Science, and imous consent that the resolution be Transportation be authorized to meet Mr. REID. Mr. President, I ask unan- agreed to, the preamble be agreed to, during the session of the Senate on imous consent that the Senate now and the motions to reconsider be con- July 17, 2014, at 2 p.m. in room SR–253 proceed to Calendar No. 469, S. Res. 498. sidered made and laid upon the table, of the Russell Senate Office Building to The PRESIDING OFFICER. The with no intervening action or debate. conduct a hearing entitled, ‘‘The Fed- clerk will report the resolution by The PRESIDING OFFICER. Without eral Research Portfolio: Capitalizing title. objection, it is so ordered. on Investments in R&D.’’ The legislative clerk read as follows: The resolution (S. Res. 507) was The PRESIDING OFFICER. Without A resolution (S. Res. 498) expressing the agreed to. objection, it is so ordered. sense of the Senate regarding United States The preamble was agreed to. support for the State of Israel as it defends COMMITTEE ON FINANCE (The resolution, with its preamble, is itself against unprovoked rocket attacks Mr. SCHUMER. Mr. President, I ask from the Hamas terrorist organization. printed in today’s RECORD under ‘‘Sub- mitted Resolutions.’’) unanimous consent that the Com- There being no objection, the Senate mittee on Finance be authorized to proceeded to consider the resolution. f meet during the session of the Senate Mr. REID. Mr. President, I ask unan- on July 17, 2014, at 10 a.m. in room SD– COMMEMORATING THE CENTEN- imous consent that the resolution be NIAL ANNIVERSARY OF THE 215 of the Dirksen Senate Office Build- agreed to, the preamble be agreed to, ing, to conduct a hearing entitled, CONGRESSIONAL RESEARCH and the motion to reconsider be laid SERVICE ‘‘The Role of Trade and Technology in upon the table. 21st Century Manufacturing.’’ The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without objection, it is so ordered. imous consent that the Senate proceed objection, it is so ordered. The resolution (S. Res. 498) was to the consideration of S. Res. 508. COMMITTEE ON FOREIGN RELATIONS agreed to. The PRESIDING OFFICER. The Mr. SCHUMER. Mr. President, I ask The preamble was agreed to. clerk will report the resolution by unanimous consent that the Com- (The resolution, with its preamble, is title. mittee on Foreign Relations be author- printed in the RECORD of Wednesday, The legislative clerk read as follows: ized to meet during the session of the July 16, 2014, under ‘‘Submitted Resolu- A resolution (S. Res. 508) commemorating Senate on July 17, 2014, at 10 a.m., to tions.’’) the centennial anniversary of the establish- conduct a hearing entitled ‘‘Dangerous ment of the Congressional Research Service. f Passage: Central America in Crisis and There being no objection, the Senate the Exodus of Unaccompanied Minors.’’ NATIONAL DAY OF THE AMERICAN proceeded to consider the resolution. The PRESIDING OFFICER. Without COWBOY Mr. CARDIN. Mr. President, this any objection, it is so ordered. Mr. REID. Mr. President, I ask unan- Wednesday—July 16, 2014—marks the COMMITTEE ON FOREIGN RELATIONS imous consent that the Judiciary Com- centennial of the Congressional Re- Mr. SCHUMER. Mr. President, I ask mittee be discharged from further con- search Service, CRS. On this exact date unanimous consent that the Com- sideration and the Senate proceed to 100 years ago, our oldest legislative mittee on Foreign Relations be author- the consideration of S. Res. 488. support agency was created. But the ized to meet during the session of the The PRESIDING OFFICER. Without idea for such an organization to pro- Senate on July 17, 2014, at 2 p.m. objection, it is so ordered. vide objective information and analysis The PRESIDING OFFICER. Without The clerk will report the resolution to legislators goes back to the start of any objection, it is so ordered. by title. our Republic. As Thomas Jefferson said COMMITTEE ON HEALTH, EDUCATION, LABOR, The legislative clerk read as follows: 200 years ago, ‘‘There is, in fact, no AND PENSIONS A resolution (S. Res. 488) designating July subject to which a member of Congress Mr. SCHUMER. Mr. President, I ask 26, 2014, as ‘‘National Day of the American may not have occasion to refer.’’ Jef- unanimous consent that the Com- Cowboy.’’ ferson’s view gained adherents over mittee on Health, Education, Labor, There being no objection, the Senate time, especially at the State level first and Pensions be authorized to meet proceeded to consider the resolution. and then during the progressive era. during the session of the Senate on Mr. REID. Mr. President, I ask unan- Two Members of Congress during that July 17, 2014, at 10 a.m., in room SD–430 imous consent that the resolution be early 1900s era—Senator Robert

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE July 17, 2014 CONGRESSIONAL RECORD — SENATE S4627 LaFollette and Representative John facts.’’ CRS provides the facts. Pro- providing Congress with the very best infor- Nelson, both of Wisconsin—both cham- viding unbiased, objective facts is an mation possible on legislative, policy, and pioned legislation that authorized the invaluable service not just to Congress oversight matters, every step of the way. Librarian of Congress to establish a but to the Nation. In my considered Congratulations on this historic milestone, and we’re looking forward to the next 100 legislative reference service composed judgment, CRS has served Congress ex- years. of ‘‘competent persons to prepare such ceptionally well during the past 100 Sincerely, indexes, digests and compilations of years and I am confident that it will CHARLES E. SCHUMER. law as may be required for Congress continue to perform at the highest Mr. ROBERTS. Mr. President, as and other official use.’’ President level in the years and decades ahead. ranking member of the Committee on Woodrow Wilson signed the legisla- No one can fully predict the challenges Rules and Administration with over- tion—the fiscal year 1915 appropria- we will face. But I am confident that sight of the Congressional Research tions bill for the Library of Congress— the in-depth knowledge and expertise Service, I offer my congratulations on into law on July 16, 1914. Librarian of housed in CRS will enable Members of the occasion of its centennial. Congress Herbert Putnam established Congress and their staff to better un- While it began in 1914 as a modest the Legislative Reference Service, derstand and address an increasingly reference service, today it is an organi- LRS, in the Library of Congress by ad- complex array of domestic and global zation of nearly 600 analysts, attor- ministrative order on July 18, 1914. The issues. I congratulate CRS and its out- neys, information professionals, and reference service’s location in the Li- standing and dedicated staff on the oc- support staff with the core mission of brary of Congress—the library both of casion of its 100th birthday. providing timely and authoritative re- Congress and the American people— Mr. SCHUMER. Mr. President, I was search and analysis on legislative provided researchers then and now honored today to join my colleague, issues of interest to Congress. with a treasure trove of books, mate- Senator CARDIN, in submitting a reso- These highly trained and professional rials, and collections of various sorts lution to commemorate the 100th anni- experts are dedicated to supporting the to answer and address the questions versary of the Congressional Research work of the Congress in an objective, and inquiries that emanate from the Service, CRS. This is a historic mile- unbiased, and nonpartisan manner. legislative branch. The LRS was re- stone for CRS and I ask unanimous Congratulations to the Congressional named the CRS in 1970. consent that a copy of a letter I re- Today, the responsibilities and roles Research Service for 100 years of excel- cently wrote to Dr. James Billington, lent service to the Congress. of CRS have grown enormously. To the Librarian of Congress, and Dr. meet the hundreds of thousands of re- Mr. REID. Mr. President, I ask unan- Mary Mazanec, the Director of the Con- imous consent that the resolution be quests made annually by Members and gressional Research Service, be printed staff of the legislative branch, CRS em- agreed to, the preamble be agreed to, the RECORD. and the motions to reconsider be laid ploys over 600 total staff. Among the There being no objection, the mate- occupations represented at CRS are upon the table, with no intervening ac- rial was ordered to be printed in the tion or debate. reference librarians, lawyers, political ECORD, as follows: R The PRESIDING OFFICER. Without scientists, economists, budget ana- JULY 16, 2014. lysts, scientists, engineers, and public objection, it is so ordered. Hon. JAMES H. BILLINGTON, The resolution (S. Res. 508) was administrators. The titles of its five Librarian of Congress, agreed to. interdisciplinary research divisions un- Dr. MARY B. MAZANEC, derscore the wide range of expertise Director of the Congressional Research Service. The preamble was agreed to. housed in CRS: American Law; Domes- DEAR DRS. BILLINGTON AND MAZANEC: On (The resolution, with its preamble, is tic Social Policy; Foreign Affairs, De- behalf of the Joint Committee on the Li- printed in today’s RECORD under ‘‘Sub- brary and a grateful Congress, I’d like to mitted Resolutions.’’) fense & Trade; Government & Finance; congratulate you, the dedicated public serv- and Resources, Science & Industry. In ants of the Congressional Research Service f addition, CRS has a Knowledge Serv- (CRS), and the entire extended CRS family ices Group made up of research and in- on this historic 100th Anniversary. You have MEASURE READ THE FIRST a great deal to celebrate today at your ‘‘The formation specialists who provide sup- TIME—S. 2631 port services to CRS analysts and at- First Branch: Challenges of Governance in a torneys. In fiscal year 2013, Members Global Era’’ symposium. Mr. REID. Mr. President, S. 2631 is at For a century now, CRS professionals have the desk and due for its first reading. and committees received information made enormous contributions to our public and analysis from CRS in more than The PRESIDING OFFICER. The discourse and provided invaluable expertise clerk will read the bill by title for the 636,000 responses that took the form of to lawmakers challenged with developing 67,000 requests for custom analysis and legislation and policies to guide our nation first time. research, 9,000 congressional participa- in times of increasing complexity and rapid The legislative clerk read as follows: tions in 350 seminars, and over half a change. A bill (S. 2631) to prevent the expansion of million instances of Web site services. We owe a profound debt of gratitude to all the Deferred Action for Childhood Arrivals At the heart of CRS’s charter is that of you and to those legislators, led by Sen- Program unlawfully created by Executive it serves both the majority and minor- ator Robert M. La Follette and Representa- memorandum on August 15, 2012. tive John M. Nelson, who foresaw a need for ity parties and Members of Congress Mr. REID. Mr. President, I ask for a your skills at the beginning of the 20th Cen- second reading but object to my own elected as Independents or with a tury. As a New Yorker, I’m also proud that third-party affiliation. This bedrock the legislation to create CRS was partly in- request. nonpartisan principle suffuses all of spired by efforts in the Empire State under- The PRESIDING OFFICER. Objec- CRS’s endeavors, which makes it un- taken by the New York State Library in ad- tion having been heard, the bill will re- like the many partisan interest groups dition to reforms carried out in Wisconsin, ceive a second reading on the next leg- and ‘‘think tanks’’ that populate the the home of Senator La Follette and Rep- islative day. Nation’s capital. CRS’s straightforward resentative Nelson. In 1914, no one could have envisioned the f mission statement says it all: ‘‘The breadth of the challenges that would con- Congressional Research Service serves front Congress over the following 100 years— SIGNING AUTHORITY the Congress throughout the legisla- issues of war and peace, profound social tive process by providing comprehen- change and challenge, and revolutionary sci- Mr. REID. Mr. President, I ask unan- sive and reliable legislative research entific and technological advancement. Yet imous consent that during the adjourn- and analysis that are timely, objective, through it all, CRS helped Congress make ment or recess of the Senate from authoritative, and confidential, there- more informed decisions to the benefit of the Thursday, July 17, through Monday, American people and libraries all over the July 21, Senators REED of Rhode Island by contributing to an informed na- world. tional legislature.’’ We may have little idea today what Con- and ROCKEFELLER be authorized to sign Former Senator Daniel Patrick Moy- gress will be facing in the decades to come, duly enrolled bills or joint resolutions. nihan said: ‘‘People are entitled to but we know beyond any doubt that the Con- The PRESIDING OFFICER. Without their own opinions, but not their own gressional Research Service will be there, objection, it is so ordered.

VerDate Mar 15 2010 01:55 Jul 22, 2014 Jkt 079060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\RECORD14\S17JY4.REC S17JY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S4628 CONGRESSIONAL RECORD — SENATE July 17, 2014

SERVE OF THE ARMY TO THE GRADE INDICATED UNDER IN THE AIR FORCE ORDERS FOR MONDAY, JULY 21, TITLE 10, U.S.C., SECTIONS 12203 AND 12211: 2014 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be major general TO THE GRADE INDICATED IN THE UNITED STATES AIR Mr. REID. Mr. President, I ask unan- BRIG. GEN. STEPHEN L. DANNER FORCE UNDER TITLE 10, U.S.C., SECTION 624: imous consent that when the Senate THE FOLLOWING ARMY NATIONAL GUARD OF THE To be major UNITED STATES OFFICERS FOR APPOINTMENT IN THE completes its business today, it ad- RESERVE OF THE ARMY TO THE GRADE INDICATED JONATHAN ACKLEY journ until 2 p.m. on Monday, July 21, UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: THOMAS JOSEPH ALFORD BRADLEY A. AMYS 2014; that following the prayer and To be major general BRYANT OWEN BAIR GRAHAM H. BERNSTEIN pledge, the morning hour be deemed BRIGADIER GENERAL PATRICIA M. ANSLOW DAVID CHARLES BLOMGREN BRIGADIER GENERAL ELIZABETH D. AUSTIN expired, the Journal of proceedings be JOHN H. BONE BRIGADIER GENERAL MATTHEW P. BEEVERS ELIJAH FRANCIS BROWN approved to date, and the time for the BRIGADIER GENERAL ERIC C. BUSH MARK CLIFFORD BRUEGGER BRIGADIER GENERAL WALTER E. FOUNTAIN two leaders be reserved for their use TANIA C. M. BRYANT BRIGADIER GENERAL RICHARD J. GALLANT BRIAN CHARLES CALL BRIGADIER GENERAL SCOTT A. GRONEWALD later in the day; that following any SARAH WILLIAMS CARLSON BRIGADIER GENERAL JEFFREY H. HOLMES SARA JOY CARRASCO leader remarks, the Senate proceed to BRIGADIER GENERAL WALTER T. LORD RICHARD PIN CHEN BRIGADIER GENERAL JOHNNY R. MILLER a period of morning business until 5:30 DAVID L. CHEWNING BRIGADIER GENERAL GLEN E. MOORE JONATHAN ROY COMPTON p.m. with Senators permitted to speak BRIGADIER GENERAL LESTER SIMPSON ELIZABETH ANNA CRANE BRIGADIER GENERAL REX A. SPITLER therein for up to 10 minutes each, with JEFFREY ALLAN DAVIS BRIGADIER GENERAL ROY S. WEBB the time equally divided and controlled BERTHA A. DIAZ BRIGADIER GENERAL DAVID E. WILMOT EVAN ALLEN EPSTEIN between the two leaders or their des- BRIGADIER GENERAL DAVID C. WOOD CHAD THOMAS EVANS ignees; that at 5:30 p.m. the Senate pro- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JAVIER A. FARFAN IN THE RESERVE OF THE ARMY TO THE GRADE INDI- KENITRA I. FEWELL ceed to executive session and vote on CATED UNDER TITLE 10, U.S.C., SECTION 12203: ELIZABETH ANNA FITZGERALD confirmation of Executive Calendar To be major general JASON E. GAMMONS JEFFREY BEVAN GARBER No. 849 as provided under the previous BRIG. GEN. MARK W. PALZER SEAN THOMAS GARNER TIMOTHY GOINES order. THE FOLLOWING ARMY NATIONAL GUARD OF THE MARK ANDREW GOLDEN UNITED STATES OFFICERS FOR APPOINTMENT IN THE The PRESIDING OFFICER. Without DUSTIN L. GRANT RESERVE OF THE ARMY TO THE GRADE INDICATED DAVID R. GROENDYK objection, it is so ordered. UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 1211: JASON H. GUNNELL f To be major general GRETHE KRISTINA HAHN BENJAMIN RUSSELL HENLEY BRIG. GEN. NEAL G. LOIDOLT PROGRAM NATHANIEL GLENN HIMERT To be brigadier general IAN S. HOLZHAUER ELGIN D. HORNE Mr. REID. Mr. President, at 5:30 p.m. COL. THOMAS P. BUMP DAPHNE LASALLE JACKSON on Monday, there will be votes on the COL. MARTA CARCANA ISAAC C. KENNEN COL. JEFFREY E. IRELAND WILLIAM JESSE LADUKE confirmation of the following nomina- COL. ISABELO RIVERA TEAH LAMBRIGHT tions: Carnes, Lawson, and Reddick. COL. WALLACE N. TURNER JUSTIN PAUL LONERGAN We expect rollcall votes on the Carnes THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MARC PHILLIP MALLONE IN THE UNITED STATES ARMY TO THE GRADE INDICATED GEORGE MATHEW nomination and voice votes on the UNDER TITLE 10, U.S.C., SECTION 624: NATHAN H. MAYENSCHEIN ERIC M. MCCUTCHEN Lawson and Reddick nominations. To be brigadier general BRETT RICHARD MILLBURN COL. ROBERT J. ULSES JENNIFER DELL MULLINS f MATTHEW JOSHUA NEIL THE FOLLOWING ARMY NATIONAL GUARD OF THE JOSHUA BRYAN NETTINGA ADJOURNMENT UNTIL MONDAY, UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- MIKAL CARL NUHN JULY 21, 2014, AT 2 P.M. SERVE OF THE ARMY TO THE GRADE INDICATED UNDER ADAM NICHOLAS OLSEN TITLE 10, U.S.C., SECTIONS 12203 AND 12211: SALEEM SYED RAZVI Mr. REID. Mr. President, if there is To be brigadier general NICKLAUS JAMES REED KEVIN YAMASHITA REINHOLZ no further business to come before the COL. TIMOTHY J. SHERIFF BRETT A. ROBINSON Senate, I ask unanimous consent that THE FOLLOWING ARMY NATIONAL GUARD OF THE MEGAN N. SCHMID UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- AMY KATE SIAK it adjourn under the previous order. SERVE OF THE ARMY TO THE GRADE INDICATED UNDER THOMAS ANDREW SMITH There being no objection, the Senate, TITLE 10, U.S.C., SECTIONS 12203 AND 12211: JOHN ROBERTS SOKOHL MEREDITH LAURALINDLE STEER at 6:12 p.m., adjourned until Monday, To be brigadier general DUSTIN MARCELLUS TIPLING NICHOLE MARIE TORRES July 21, 2014, at 2 p.m. COL. TIMOTHY S. PAUL KENNETH LEWIS VAUGHT f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ANNA ELEANOR VIRDELL IN THE RESERVE OF THE ARMY TO THE GRADE INDI- LEAH ECCLES WATSON CATED UNDER TITLE 10, U.S.C., SECTION 12203: NOMINATIONS BRANT FREDERICK WHIPPLE To be brigadier general JOSHUA CURTIS WILLIAMS Executive nominations received by AARON ALLEN WILSON COL. GLENN A. GODDARD THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT the Senate: THE FOLLOWING ARMY NATIONAL GUARD OF THE TO THE GRADE INDICATED IN THE UNITED STATES AIR UNITED STATES OFFICERS FOR APPOINTMENT IN THE FORCE UNDER TITLE 10, U.S.C., SECTION 624: DEPARTMENT OF STATE RESERVE OF THE ARMY TO THE GRADE INDICATED To be lieutenant colonel CHARLES C. ADAMS, JR., OF MARYLAND, TO BE AMBAS- UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF To be brigadier general RICHARD EDWARD ALFORD THE UNITED STATES OF AMERICA TO THE REPUBLIC OF TAMONA L. BRIGHT FINLAND. COLONEL GREGREY C. BACON KEVIN D. CATRON COLONEL DARYL D. JASCHEN LINDSAY E. CONTOVEROS ELECTION ASSISTANCE COMMISSION COLONEL DAVID S. WERNER ROYAL A. DAVIS MATTHEW VINCENT MASTERSON, OF OHIO, TO BE A THE FOLLOWING ARMY NATIONAL GUARD OF THE WILLIAM D. DEITCH MEMBER OF THE ELECTION ASSISTANCE COMMISSION UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- JAMES R. DORMAN FOR A TERM EXPIRING DECEMBER 12, 2017, VICE GINEEN SERVE OF THE ARMY TO THE GRADE INDICATED UNDER SHELLY M. FRANK BRESSO BEACH, TERM EXPIRED. TITLE 10, U.S.C., SECTIONS 12203 AND 12211: LANCE E. FREEMAN CHRISTY A. MCCORMICK, OF VIRGINIA, TO BE A MEM- ANDREW D. GILLMAN BER OF THE ELECTION ASSISTANCE COMMISSION FOR A To be brigadier general PATRICIA A. GRUEN CHARLES J. HEBNER TERM EXPIRING DECEMBER 12, 2015, VICE DONETTA DA- COL. ROBERT J. HOWELL, JR. VIDSON, TERM EXPIRED. JENNIFER C. HOLMES IN THE NAVY MATTHEW T. KING IN THE AIR FORCE ERIKA E. LYNCH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CHARLTON J. MEGINLEY THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED IN THE UNITED STATES NAVY RESERVE TO THE GRADE ETIENNE J. MISZCZAK STATES OFFICER FOR APPOINTMENT IN THE RESERVE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: TIAUNDRA D. MONCRIEF OF THE AIR FORCE TO THE GRADE INDICATED UNDER To be rear admiral LISA D. MOSELEY TITLE 10, U.S.C., SECTIONS 12203 AND 12212: AIRON A. MOTHERSHED To be brigadier general REAR ADM. (LH) KERRY M. METZ SONDRA BELL NENSALA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GARY MATTHEW OSBORN COL. CLARENCE ERVIN IN THE UNITED STATES NAVY RESERVE TO THE GRADE BRENT F. OSGOOD INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: STERLING C. PENDLETON IN THE ARMY KEIRA A. POELLET To be rear admiral (lower half) THE FOLLOWING ARMY NATIONAL GUARD OF THE MICHELLE A. QUITUGUA DREW G. ROBERTS UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- CAPT. GENE F. PRICE DAVID F.X. ROUTHIER SERVE OF THE ARMY TO THE GRADE INDICATED UNDER CAPT. LINNEA J. SOMMERWEDDINGTON TITLE 10, U.S.C., SECTIONS 12203 AND 12211: LEE F. SANDERSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MATTHEW G. SCHWARTZ To be major general IN THE UNITED STATES NAVY TO THE GRADE INDICATED DAMON P. SCOTT UNDER TITLE 10, U.S.C., SECTION 624: MULGHETTA A. SIUM BRIG. GEN. CHARLES L. GABLE To be rear admiral (lower half) DARRIN M. SKOUSEN THE FOLLOWING ARMY NATIONAL GUARD OF THE TIFFANY M. WAGNER UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- CAPT. DAWN E. CUTLER PAUL E. WELLING

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ROBERT C. WILDER HEATHER J. BURCH MONICA J. S. MANN DYLAN B. WILLIAMS PAMELA L. BURGESS DANIEL J. MARINO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DANIELLE E. CAFASSO HEATHER M. MASCIO TO THE GRADE INDICATED IN THE UNITED STATES AIR BARRETT H. CAMPBELL CHRISTOPHER R. MATTSON FORCE UNDER TITLE 10, U.S.C., SECTION 624: ELIZABETH A. CAMPBELL CALEB M. MAY RONALD J. CARAS KASEY J. MAYCLIN To be colonel TERRI L. CARLSON KRISTA Z. L. MCBAYNE STEPHEN M. CARROLL JILL A. MCCAULLEY WILLIAM J. ANNEXSTAD JOSEPH D. CARUSO DANIEL P. MCGUIRE THOMAS L. CLUFF, JR. BRIAN S. CHEN BRANDON W. MCNALLY GAIL E. CRAWFORD RYAN M. CHIARELLA DEREK P. MCVAY ANDREA M. DECAMARA DANIEL P. CHILES CODY D. MEAD PATRICK J. DOLAN JOSEPH S. CHRISTIANSEN JEFFERY M. MEADOWS PATRICK W. FRANZESE SOYEUN CHU CRAIG D. MEGGITT KYLE W. GREEN JESSIKA S. CHUMAK ARTHUR R. MIELKE BRANDON L. HART JONATHAN D. CLAASSEN CHRISTOPHER J. MIEREK JAMES H. KENNEDY III STEPHANIE L. CLAASSEN JESS R. MILLER JAMES E. KEY III PAUL A. CLARK KYONG S. MIN AMY L. MOMBER JOHN P. CODY MELANIE A. S. MINALGA KATHERINE E. OLER SARAH S. COLE RAUL A. MIRZA THOMAS M. RODRIGUES JOANIE M. COLUMBIA HEATHER S. MITCHELL ELIZABETH L. SCHUCHSGOPAUL JAY B. COOK EDWIN E. MORALES MICHAEL W. TAYLOR JENNIFER A. COOPER MACKENZIE K. MORGAN OWEN W. TULLOS JUSTIN L. COSTA RYAN P. MORTON JEREMY S. WEBER JENNIFER L. CREAMER COREY M. MOSSOP DAVID J. WESTERN SCOTT E. CUNNINGHAM AMY J. MOYER IN THE ARMY SHAUNETTE DAVEY HAPU T. MSONDA BENJAMIN T. DAXON CHRISTOPHER J. MULDER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ERIC C. DELACRUZ BECKY T. MULDOON TO THE GRADE INDICATED IN THE UNITED STATES ARMY HEATHER D. DELUCA ERICA L. MURRAY DENTAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 BRADLEY A. DENGLER MATTHEW A. NAPIERALA AND 3064: JEANNIE S. DIAS DANIEL W. NELSON CHRISTOPHER M. DIPIRO JAMES H. NELSON To be major JENNIFER S. DOMINGO PATRICIA C. NELSON ALEKSANDR BARON MICHAEL J. DONOFRIO STEPHANIE B. W. NG DMITRY BARON KEVIN J. DOWNING LONG T. NGUYENDO TED M. BEAUCHAMP NICHOLAS D. P. DRAKOS MELODY R. NOLAN IVETTE BLANCOPADILLA JASON R. DUTTON MICHAEL J. NORTON JAMES S. EBERTOWSKI YULIYA A. OGAI JAROM R. BURBANK JUSTIN C. EISENMAN CHRISTINA S. OHARA TYLER R. BURNINGHAM DAVID M. EVANS STEPHEN M. OVERHOLSER JONATHAN D. CASO AARON R. FARMER MATTHEW H. PARK SACHIYO K. CHAMBERS JAMES S. FARRELL SAMIT A. PATEL HYUNSEOK C. CHI MICHAEL G. FAZIO RACHAEL A. PAZ VU H. DO DAMON A. FORBES BRET K. PEARCE KATIE A. EGBERT SHANNON N. FOSTER ERIKA PETRIK KONRAD D. FERGUSON BRIAN C. FULLER SARAH K. PETTEYS ANDREW A. GUTIERREZ JESSE V. GABRIEL ELIZABETH M. POLFER MITCHELL J. HERNANDEZ WENDRA J. GALFAND CHRISTOPHER R. PORTA SERGIO HERNANDEZ JOSEPH W. GALVIN MATTHEW T. PORTER KENNETH M. HUSSEY EDWIN GANDIA TASHA R. POWELL HANANE JAMGHILI ALISSA R. GARCIA AARON W. PUMERANTZ JUSTIN JARISCH JADE V. GAREEDEXTER ELIZABETH A. PUNTENNEY MICHAEL L. JOHNSON ANNELIESE GERMAIN JOHN G. QUILES KEVIN C. JOHNSTUN LAUREN M. GIULITTO DANIEL P. RABOIN JAE H. KIM GEOFFREY P. GLEBUS CIARA N. RAKESTRAW JASON KIM JEREMY D. GOINS SAMUEL A. RALSTON JEREMY J. KOPPENHAVER GENS P. GOODMAN NESTOR R. RAMOS JOHN C. LAKE, JR. COLIN M. GRANT SEAN S. RAY PHILLIP O. LANCE ROLAND H. GREEN DAVID E. REECE JONATHAN Y. LEE BRENDAN D. GRIFFIS CHRISTOPHER J. RENAUD TIFFANY C. LOVELACE RHIANON M. GROOM CHRISTINA M. RIOJAS TROY K. LUNDELL CHRISTOPHER J. HAGEN PRESTON W. ROBERTS STEVEN K. MARK GREGORY C. HAHN JACQUELINE F. ROSENTHAL ANDRES M. MENDOZA PAUL S. HAHN JENNIFER L. ROWLAND MORGAN K. MONCAYO DIANE F. HALE DOUGLAS S. RUHL SERGIO MUNOZ ROBERT D. HALES TITUS J. RUND FRANCIS S. NAHM PATRICK S. HALL DANIEL H. RUSSELL JENNA M. NAKANISHI SAMUEL J. HAN ABRAHAM E. SABERSKY JESSE B. NORRIS JAMES A. HARRIS JENNIFER M. SABINO MEGHAN K. OCONNELL MONIQUE O. HASSAN SAW K. SAN SONNY R. PORTER EMILY N. HATHAWAY ADAM R. SASSO SAMUEL PYO ELISABETH M. HESSE KEVIN E. SCHLICKSUP DONALD G. RICE RICHARD W. HILLIARD, JR. MARK N. SCHWENDIMAN CORY D. RICHARDS SHANA L. HIRCHERT JOSHUA A. SCOTT GIOVANNI A. SAFDARI GALE J. HOBSON WITZARD SEIDE BRIAN C. SLIGHLY ANDREW J. HOLDAWAY JOSE A. SERRANO RYAN D. SWISS SAMUEL L. HOLMES BRIAN T. SHAHAN ISAO F. TAKII STEVEN S. HONG REBECCA L. G. SHERIDAN SHANI O. THOMPSON KRISTOPHER G. HOOTEN CREIGHTON E. SHUTE JORGE E. VALDES MOLLY D. HOUSE ERIC R. SIGMON RODGER I. VOLTIN JEFFERSON T. HUNT JOSHUA R. SIMMONS ERIK P. WATZ AARON M. JACKSON ABHAY A. SINGH KYLE A. WILSON CATHERINE JACOB NICKLESH N. SINGH JOHN D. WISE MARK D. JEFFORDS LEIGHANNE L. SLACK RYAN D. ZIMMERMAN CHRISTOPHER K. JENSEN ASHLEY E. SMITH THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TODD E. JENSEN CARIN J. SMITH TO THE GRADE INDICATED IN THE UNITED STATES ARMY ANTHONY W. JONES MICHAEL P. SMITH MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 CHRISTINA L. JONES BRIAN L. SNYDER AND 3064: JAMES P. JONES PRESTON J. SPARKS To be major JOSEPH S. JONES RYAN W. SPEIR KYLE R. JUDKINS GREGORY M. SPROWL CARLO J. ALPHONSO MATTHEW C. KASPRENSKI ANDREW R. STEIN RYAN J. ALTENBURG CHRISTOPHER D. KENNY BRIAN J. STOUT ROHUL AMIN MARY E. KERN AMY N. STRATTON WILLIAM C. ARNETT SEAN Q. KERN TYLER E. STRATTON MICHAEL I. ARNOLD ROBERT G. KIRTLEY STEPHEN B. STRINGHAM MARIA C. ARTIGAS KRISTEN E. KOENIG CANDACE R. M. TALCOTT JEFFERY C. ASHBURN KRISTIN D. KREIDER PAMELA S. TIPLER WESLEY L. BABER CHAD A. KRUEGER JOSEPH J. TRIPLET JONATHAN D. BAILEY KEVIN P. KRUL ADAM M. TRITSCH JOSHUA R. BAKER KELLY L. LANGAN DAVID T. UM BRAD R. BALLARD JUSTIN J. LAPOLLO CHARLES J. USSERY WAGNER BAPTISTE GARY L. LEGAULT VANEESHA VALLABHPATEL ANTHONY M. BARCIA KEITH P. LEITZEN DAVID W. VANWYCK HARRISON B. BAUCOM ADAM B. LEWIS JAVIER M. VAZQUEZORTIZ ANDREW B. BEEGHLY DAVID L. LINDEMANN LUIS X. VELEZCOLON JENNIFER A. BENINCASA THERESA M. LORKOWSKI HUMBERTO G. VILLARREAL SCOTT E. BEVANS JOSEPH G. LOUDEN DIANA L. VILLAZANAKRETZER HUSAIN M. BHARMAL DAVID R. LOWERY KELLEY A. VONELTEN NATHAN J. BORDEN MARESA LUGO TIMOTHY J. VREELAND CHAD P. BOUCHARD CORY A. LUNDBERG VANYA D. WAGLER JAMES D. BOWSHER RYAN J. MACDONALD KEVIN B. WALDREP DANIEL B. BRILLHART HOWARD W. MACLENNAN AVERY S. WALKER MICHAEL V. BROWN JASON J. MADEY JESSICA L. WALSH PATRICK J. BROWN JOHN R. MAGERA RYAN M. WALSH SIDNEY D. BRUCE CARLOS G. MALAVEMARRERO KYLE C. WARD

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WENDY S. WARREN DAVID M. BROWN CAMERON A. DOUGLAS EZELLA N. WASHINGTON LUKE A. BROWN RYAN R. DOWNING BRIT C. D. WATERS RYAN A. BROWN JAMES E. DRENNAN ROBERT E. WATTS NATHAN J. BROWNE JOSEPH M. DUGAN DEWAYNE L. WEAVER AMANDA G. BROWNING JARRETT P. DUNN DOUGLAS R. WEBER ADAM L. BRYAN PATRICK M. DURNIN JENNIFER M. WELTY GRANT T. BRYAN JAMES W. DUVALL DAVID J. WILSON JOSEPH BUBULKA FRANCIS E. ECLEVIA, JR. WILLIAM R. WILSON, JR. RALPH T. BUCKLES JOHN H. EDWARDS JONATHAN R. WOOD MICHAEL J. BUCKLEY LUCAS R. EDWARDS EKAPHOL WOODEN PETER M. BUGLER BRANDON S. ELLIOTT JINSONG WU WILLIAM W. BUHL NICHOLAS D. ELLIOTT CHRISTOPHER G. YHEULON JAMES A. BURKETT III ERIN L. ELLIOTTCARRICO JORDAN E. YOKLEY BENJAMIN J. BURNHAM CARL A. ELLSWORTH, JR. CLINTON F. BURR EVERETTE T. ERVIN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT STEVEN M. BURROWS HENRY P. ESHENOUR TO THE GRADE INDICATED IN THE UNITED STATES ARMY ADAM R. BUSH FREDERICK K. ESPY UNDER TITLE 10, U.S.C., SECTION 624: ZACHARY D. BUTALA ERIC M. ETHERTON To be major ADAM R. CADOVIUS RIAN Q. EVERETT ADAM M. CALHOUN BRADLEY W. FAIRFAX DESIREE S. DIRIGE JOSHUA C. CALHOUN ROBERT S. FAIRLIE KYLE F. CALTON JEFFREY C. FALLAT IN THE NAVY ALBERT F. CALUAG CHARLES R. FARLOW III THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LEONARD CALVERT IV BILLIE J. FARRELL TO THE GRADE INDICATED IN THE UNITED STATES NAVY TIMOTHY L. CAMPBELL DAVID E. FARRELL DAVID B. CANNADY UNDER TITLE 10, U.S.C., SECTION 624: LUKE P. FARRELL BENJAMIN R. CANTU JACQUELYN M. FELBER To be lieutenant commander BENJAMIN C. CARLSON MICHAEL R. FELBER AIDAN CARRIGG JESS B. FELDON JOHN I. ACTKINSON WILLIAM J. CARROLL JACOB D. FERRARI IAN P. ADAMS CHRISTOPHER B. CARSON LEE R. FIKE ORENTHAL G. ADDERSON GRANT F. CARTER SEAN D. FINNER ALLEN M. AGOR KEVIN J. CARTER KELLY J. FITZPATRICK BRANDON S. ALAMO MARIO G. CASTELLANOS JASON A. FLANAGAN MATTHEW R. ALBRIGHT MICHAEL O. CASTILLO CHRISTIANA M. FLOECK TRAVIS M. ALEXANDER AARON J. CHANDLER CHRISTOPHER D. FLORES NICHOLAS E. ALFANO MATTHEW E. CHANG PETER C. FLYNN EDDIE C. ALLEN JAMES M. CHARAPICH WARREN H. FOGLER JOHN R. ALLEN NATHANIEL J. CHASE NICKOLAS R. FORAN EMILY C. ALLERT MICHAEL R. CHESNUT ALEXA O. FORSYTH MIKAEL M. ALLERT JEFFREY T. CHEWNING JOSEPH M. FOSTER TRAVIS S. AMERINE SCOTT F. CHIRGWIN LANDON B. FOSTER ANGELA C. ANDERSON SVEN R. CHRISMAN TIMOTHY A. FOX ROBERT W. ANDERSON IV ADAM K. CHRISTENSEN ALEXANDER J. FRANZ TRAVIS S. ANDERSON CLINTON J. CHRISTOFK DANIEL R. FREE GIEORAG M. ANDREWS JONATHAN D. CIRILLO WINDSOR S. H. FRINELL ALEXANDER S. ANGELO ROBERT A. CIZEK JEFFREY R. FROST KEVIN C. ANTONUCCI JOHN P. CLARK CAMERON L. FULRATH AARON S. ARKY MATTHEW R. CLARK RITARSHA Y. FURQAN SERGIO A. ARMAS, JR. MICHAEL R. CLEES AARON J. GALL ALYSSA B. Y. ARMSTRONG SCOTT W. CLEVELAND NICHOLAS J. GALL ROBERT H. ARNDT III CHRISTOPHER W. CLEVENGER BRYAN M. GALLANT ALBERT E. ARNOLD IV JOSEPH M. CLUNIE ROWDY A. GARCIA ROBERT J. BAGLEY JASON E. COATES JEFFREY A. GARDNER MICHAEL BAILEY BRANDON J. COBB SCOTT A. GARLINGTON KATHLEEN R. BALL ADAM COHEN JONATHAN R. GARNER COREY D. BARKSDALE JORDAN M. COHEN PHILIP M. GARROW ROBERT C. BARNETT MATTHEW D. COLLINSWORTH BRANDON B. GASSER DAVID H. BARNHILL RANDY S. CONANT SHAFER B. GASTON JESSICA M. BARRIENTOS BRIAN X. CONLAN KENT A. GEBICKE CHARLES S. BARRS III JASON A. CONLEY BENJAMIN C. GEIB JOHN G. BARRY ERIN N. CONNOR TOMMY J. GETTY CHAD D. BARTKUS BRADLEY M. CONROY ZACHARY J. GIBBONS MICHAEL J. BARTOLF JOHN M. COOMBS WILLIAM A. GIBSON JEREMY D. BARTOWITZ CHARLES T. COOPER BRANDON R. GILESSUMMERS WILLIAM T. BAUER SEAN N. COOPER GRAHAM C. GILL MATTHEW E. BAYER WILLIAM R. COOPER MEGAN H. GILL DAVID R. BEAM PETER E. CORNETT ROBERT A. GILL JOHN M. BEAR LESLIE E. CORNWALL, JR. ROBERT J. GILLIS, JR. BENJAMIN M. BEARMAN LAUREN B. COSGRAVE BENJAMIN J. GLASER CLAYTON C. BEAS WILLIAM G. COULTER CARL R. GLASS JAMES R. BEATY BENJAMEN L. COVERT JOHN M. GLEASON DIANA L. BEAUFORD SHAUN A. COX DEREK M. GOEBEL JOHN P. BECKER KELLY N. CRAFT JUSTIN L. GOLSON MATTHEW A. BECKER FREDERICK D. CRAYTON ANGELA D. GONZALES TIMOTHY J. BEEBE JASON C. CREWS JOSHUA P. GOODIN MICHAEL J. BEER MATTHEW T. CRONAUER JASON A. GORDAN JUSTIN J. BENCH ANDREW C. CROUSE JAMES J. GORMLEY III CHRISTOPHER L. BENTON EDWARD L. CRUZMATOS IAN W. GORSKI AARON G. BERGER JEFFREY K. CUMMINGS ERICH E. GRAWUNDER MARK A. BERGLUND CHARLES M. CUNNINGHAM II DARBY R. GRAY DANIEL J. BERRY GABRIELLE D. CUNNINGHAM JOHN E. GRAY MASON W. BERRY LUCIAN J. CZARNECKI II JAMES N. GROSE MATTHEW T. BERRY JOSHUA W. DAFFRON JUSTIN R. GROVER ALEXA J. BESTOSO RYAN S. DAHLMAN JEFFREY M. GRZEBIN DYLAN C. BEYER JASON H. DAO LEIF E. GUNDERSON BRENDA W. BEZNOSKA DAVID L. DAUPHINAIS ERIK H. GUSTAFSON TIMOTHY W. BIERBACH BENJAMIN S. DAVIDSON ALEJANDRO L. GUTIERREZ RYAN L. BIRKELBACH AARON B. DAVIS CHRISTIAN X. GUTIERREZ ZACHARY A. BITTNER KEVIN J. DAVIS SOPHIA M. HABERMAN JONATHAN M. BLACK CONSTANCIA A. DEAN DOUGLAS G. HAGENBUCH CYNTHIA BLACKMAN MATTHEW B. DEBAUN STEPHEN L. HAGGARD ROBERT C. BLACKWOOD JOHN P. DEBBINK JAMES H. HAISLOP GARTH J. BLAKELY BRANT N. DEBOER JAMES A. HALL CHRISTOPHER H. BLAND MATTHEW H. DECOITO STACEY L. HALL CHRISTIAN W. BLASY CHRISTOPHER T. DELAGRANGE STEVEN A. HALLE MARK A. BLASZCZYK LUCAS D. DENNISON ERIK L. HALVORSON CARL R. BLAZEK CHRISTOPHER M. DESCOVICH JOSEPH S. HAMILTON NIKOLAUS J. BOCHETTE GREGORY L. DESCOVICH JUSTIN C. HAMILTON THOMAS R. BOCK JAMES P. DEWITT JAMES T. HANNIFY DUSTIN L. BOEDING MATTHEW T. DIEDERICH JUSTIN R. HARDY BRETT A. BOOTHE GRAIG T. DIEFENDERFER NICHOLAS J. HARGRAVES ROBERT H. BOWER THOMAS E. DIGAN, JR. HENRY D. HARGROVE MATTHEW D. BOYCE CHRISTOPHER C. DIKE DANIEL W. HARKINS, JR. MARSHALL T. BOYD RYAN F. DILLON NATHAN A. HARRELL SAMUEL C. BOYD MICHAEL F. DIMMITT KEVIN M. HARRINGTON EDWARD H. BOYDSTON EMIL D. DINNOCENZO RYAN N. HARRIS JASON M. BRADLEY SETH DINOLA TRAVIS J. HARTMAN RICHARD T. BRANNEN THOMAS T. DIXON NATHAN L. HARVEY JEREMY D. BRAUN DANIEL B. DOLAN STEFANIE J. HASEMAN DOUGLAS A. BRAYTON MANUEL J. DOMINGUEZ KARL HASSENFRATZ WALTER R. BRINKLEY, JR. MATTHEW S. DOMINICK CHRISTOPHER S. HATHAWAY KYLE T. BRIZAN CONOR P. DONAHUE JOSHUA R. HATTERY JOSHUA L. BROADBENT JAMES J. DONCHEZ JOSHUA A. HAUSBACH RYAN P. BRODERICK KEVIN M. DORE JOHN E. HEDRICK MATTHEW P. BROUILLARD RICHARD A. DORSEY II CONOR L. HEELY ANDREW M. BROWN SEAN W. DOUGHERTY JOSHUA B. HEISLER

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ADAM R. HELLER ANDREW A. LAMSON NATHAN J. PECK BENJAMIN N. HERRING NICKOLAS LANCASTER DANIEL PEEL GRIFFIN HETRICK GEORGE A. LANE FELIX PEREZ JOSEPH A. HEYNE NATHAN J. LASSAS IGNACIO S. PEREZ LAWRENCE HEYWORTH IV STEPHANIE E. LATHAM ROBERT I. PESIK KYLE R. HICKMAN AARON J. LEE DANIEL J. PETERS DAVID P. HICKS DAVID J. LEISENRING CAROLYN K. PETERSON JONATHAN T. HINES BRANDON S. LENHART KORY S. PETERSON MARC W. HINES CLIFTON G. LENNON DENNIS R. PHILLIPS KYLE W. HISCOCK RANDALL J. LESLIE JONATHAN P. PHILLIPS JOSHUA J. HODGE TROY A. LEVERON CHRISTOPHER L. PICKEN NICHOLAS C. HODGE CHARLES A. LEWIS RYAN D. PIERCE ROBERT H. HODGES, JR. CHRISTOPHER J. LEWIS RYAN Z. PINEDA NICHOLAS A. HOFFMANN CALEB A. LINDH JEFFREY R. PINKERTON JEFFREY R. HOGAN SCOTT D. LIPPINCOTT NICHOLAS R. PINKSTON JEREMY D. HOLCOMB CARNE M. LIVINGSTON RONALD M. PIRAMIDE MATTHEW P. HOLLADAY ALFRED W. LONG, JR. ANDREW W. PITTMAN CHRISTOPHER D. HOLLAND WILLIS M. LONG ANTHONY M. PIUNNO III DANIEL K. HOLLINGSHEAD JOSEPH O. LOPICCOLO ALEXANDER S. PLUMER BRADLEY C. HOLMES JUNIOR C. LORAH MARK K. POBLETE DEVIN M. HOLMES CORRY W. LOUGEE CHRISTOPHER L. POLNASZEK RICHARD J. HOLT STEPHEN C. LOVELACE CHRISTOPHER P. POLSON JOHN E. HOLTHAUS ROBERT A. LOW JOSEPH W. POPE BENJAMIN J. HORN JOHN J. LOWERY MICAH A. W. PORTER GARETT T. HOUSTON MICHAEL R. LUEBKERT DANA R. POTAK WILLIAM J. HOWEY III RALPH P. LUFKIN JARED D. POWELL MICHAEL J. HUBER KATIE J. LUNSER SETH K. POWELL SCOTT T. HUCHTON MAXCY C. LYNN III TRAVIS B. POWELL CLAYTON J. HUGHEY BLAKE A. LYON EDMUND J. POYNTON BRIAN A. HUMPHREYS ANTHONY D. MACALUSO CHRISTOPHER N. PRATT CHRISTINA L. HUMPHRIES JARAD W. MAHANNA MATTHEW G. PRATT ERIC W. HUNG DAVID D. MAHONEY COLIN E. PREMDAS JAMES P. HUNT PATRICK T. MAHONEY JOSEPH F. PRESTON MICHAEL A. HURBAN PAUL J. MAHONEY JOHN E. PRITCHETT DAVID T. HURST KERRY M. MAJOR SARA E. PULLIAM DREW A. HUSTON ZUBIN J. MAJOR SEAN E. PURDY LUKE J. HUSTON WILLIAM G. MANGAN CHRISTOPHER W. PUTRE IAN P. HUTTER LUDWIG MANN III NICHOLAS R. QUIHUIS KATHERINE A. HUTTER RYAN B. MANN JOHNNY M. QUILENDERINO JOSEPH A. HYDE MATTHEW P. MAPLES LUKE RADLOWSKI KENJI IGAWA MICHAEL C. MARSH LIDA P. RAFFEL LEWIS S. IM BENJAMIN L. MARTINEZ ROBERT T. RAGON LUKE H. I. IM NATHAN W. MARTINEZ TREVIS L. RAINEY PATRICK J. IMHOFF JAMES G. MASSIE III EMORY A. RANK ELY O. INFANTE JORDAN A. MAYO JEFFREY W. RANSOM ISAIABENETTE E. INFANTE KRISTOPHER M. MCABEE RICHARD A. RASCO KENNETH C. INGLE FRANK A. MCBRIDE KEVIN M. RAY CAMERON A. INGRAM CASEY D. MCCAIN TRAVIS J. REAM ROBERT B. INMAN JARED B. MCCALEB JOSEPH F. REARDON ROBERT D. IRELAND PATRICK A. MCCARTHY TIMOTHY L. REEDER BRIAN M. IRISH KEVIN K. MCCLELLAN JUSTIN D. REEVES JERRY W. IRONS JOHN P. MCCRAY ELAINE D. REID JAMES J. IRRGANG, JR. CHRISTOPHER J. MCDONALD CURTIS A. REISS JUSTIN E. IVANCIC SEAN R. MCELHANNON JERARDO J. REYNA JOHN C. IVEY ROBERT P. MCFALL JEREMY B. REYNARD MATTHEW J. IWANCZUK JASON R. MCKAY ERIK S. REYNOLDS DOMINIQUE A. JACKSON KENT M. MCLAUGHLIN BRANDON L. RICE JOHN R. JACKSON JAMES R. MCMILLAN III PATRICK M. RICE MICHAEL JACKSON SEAN E. MCMULLEN JASON M. RICHTER ALLEN W. JACOB KYLE S. MCVAY KERRY N. RICKERT JOEL W. JACOBS JEREMY C. MEDLIN WILLIAM M. RIETVELD CARL D. JAPPERT JON F. MEGAHY MATTHEW F. RIGLER TIMOTHY N. JENSEN KRISTINA N. MELENDEZ TIMOTHY M. RIGLER ALLAN JESPERSEN CHRISTOPHER J. MERGEN MICHAEL P. RILEY JOSEPH G. JINDRICH SEAN M. MERRITT SUZANNE A. RITTER BJORN A. JOHNSON DAVID S. MICELI CHRISTIAN A. RIVERA BRETT P. JOHNSON NATHANIEL D. MICHAEL NICHOLAS A. ROA KEITH A. JOHNSON DREW R. MICKLETHWAIT DOUGLAS A. ROBB LAUREN M. JOHNSON JUSTIN L. MIDDLEBROOK TAD J. ROBBINS MATTHEW P. JOHNSON, JR. ADAM S. MILLER DWIGHT D. ROBERTS PHILLIP C. JOLLEY MICHAEL J. MILLER JEFFREY R. ROBERTS, JR. BRANDON K. JONES TRAVIS W. MILLER JOHN N. ROBERTS JARAD T. JONES SAMUEL C. MILLS THOMAS M. ROBERTS KEVIN A. JONES ELIJAH MOJICA JEREMY D. ROBERTSON PHILLIP J. JONES DOMENICO MONACO WILLIAM J. ROBESCH RUSSELL W. JONES BRANDON R. MONAGHAN AARON A. ROBINSON WILLIAM P. JONES JAMES J. MOORE BRENT K. ROBINSON KACEE L. JOSSIS RYAN S. MOORE DAVID A. ROBINSON KRISTOFER W. KALSTAD CHRISTOPHER C. MORAN MARY H. ROBINSON BRAD W. KASENBERG MICHAEL G. MORAN II CHRISTOPHER W. ROBISON THERESA L. KAYLOR DOUGLAS M. MOREA ALAN M. ROCHE JOHN W. KEEFE MARCUS V. MORELAND TIMOTHY W. ROCHHOLZ MATTHEW T. KEEFE LAWRENCE A. MORIARITY MICHAEL RODRIGUEZ CHRISTOPHER J. KEEN JOHN D. MORRIS IV CHRISTOPHER J. ROGERS CHRISTOPHER J. KEITHLEY KENNETH E. MORRIS JUSTIN A. ROGERS TROY L. KELLY THOMAS J. MORRIS JASON R. ROGGE WILLIAM R. KELLY DANIEL P. MORRISON RUSSELL M. ROHRING LUKE E. KELVINGTON BRIAN M. MOWRY ERIC K. ROLFS MICHAEL L. KENDEL LIAM F. MULCAHY PATRICK K. ROLLO HENRY J. KENNEDY SCOTTY L. MURPHY DANIEL C. ROLNICK KEVIN J. KENNEDY KARL N. MURRAY NIKOLAS G. RONGERS WESLEY G. KENNERLY BRAD W. MUSKOPF CHAD S. RORSTROM PAUL M. KEPNER SHAWN M. NAVINSKEY DANIEL E. ROSBOROUGH JAMES H. KEPPER IV JONATHAN D. NEW CHRISTOPHER W. ROSE KRISTEN M. KERNS MITCHELL A. NEWTON ELI J. ROSENBERGER JOSHUA M. KERSTING DONALD NICHOLS, JR. RICHARD C. ROSENBUSCH MICHAEL W. KESSLER JUSTIN A. NIXON ADRIENNE L. ROSETI SAMEER KHANNA DAVID L. NOBLES, JR. BRIAN A. ROSS SCOTT O. KILGORE MACK T. NOLEN, JR. JOHN H. ROSS LUCIAN D. KINS JONATHAN I. NORRIS ARON M. ROTKLEIN DAVID E. KISER WILL A. NUSE CAREY D. ROUSE LEANDRA N. KISSINGER DAVIN C. OBRIEN KARL K. ROYSTON REED A. KITCHEN KYLE N. ODONOHOE ANDREW T. RUCKER RYAN J. KLAMPER DAVID A. OECHSLEIN NICHOLAS A. RUEDA KEITH F. KLOSTERMAN KWAME K. OFORI THADDEUS RUSINEK BRYAN J. KNICK LUKE D. OLINGER JOSEPH A. RUSSO MICHAEL A. KNICKERBOCKER ANTHONY OLIPHANT CRAIG T. RYAN NICHOLAS J. KOETTER CHRISTIAN L. OLSEN NICHOLAS W. RYAN LUCAS R. KORAN SAMANTHA A. ONEIL ERIC M. RYZIW MICHAEL J. KOS SEAN T. ONEILL SETH D. SAALFELD JASON N. KRAHNKE BENJAMIN S. ORLOFF JOSEPH H. SANDOVAL DOMINIC J. KRAMER FRANK J. ORNELAS II JAMES R. SANTYMIRE BRYAN W. KRONCKE DANIEL L. OSBOURN CRYSTAL L. SARGENT MARK K. KROZEL MATTHEW J. OSTRYE ANDREW D. SCHAAF SETH R. KRUEGER KENNETH C. PACKARD MARK M. SCHAFF DANIEL L. KURATKO JOHN J. PARMA BLADE A. SCHALLENBERGER GAIL A. LAMPING DANIEL C. PATRICK ZACHARY P. SCHEETZ

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BENJAMIN A. SCHEIDEMAN GREGORY M. VALDEZ BRIAN T. GARDLER TIMOTHY R. SCHEIDLER CHRISTOPHER W. VANLOENEN KEVIN L. GARNER DAVID M. SCHERR SEANN M. VANOSDEL SEAN M. C. GARRETT NATHAN D. SCHILLING GREGORY T. VASILOFF TODD M. GEORGE JOSEPH R. SCHIPPERT PAUL VELAZQUEZ EDWIN S. GIBSON, JR. RORY J. SCHNEIDER JOSLYN M. VENEY JOSEPH D. GODWIN NICHOLAS J. SCHNETTLER FRANK P. VERDUCCI III KREGG T. GOSE JASON A. SCHRIMP CHRISTOPHER A. VICTOR EDWARD A. GRANT ADAM A. SCHROETER ROBERT W. VILLARREAL JOHNNIE L. GREEN, JR. AARON D. SCHUTTE DANIEL J. VIRGETS JASON K. GREENFIELD ERIC M. SCHWAB DAVID J. VITOLLO HENRY GUDINO STEVEN R. SCHWARZER ALEXANDER C. VOELLER SELMA GUICE, JR. JONATHAN P. SCOBO CHRISTOPHER M. VONDERHEIDE FREDRIC P. HACKETT VANCE D. SCOTT SHAWN M. VRABEL NEIL HALSTEAD KAI C. SEGLEM WILLIAM M. VUILLET ERIC E. HAYES EDWIN S. SELLERS ABRAHAM N. WADSWORTH ERVIN L. HENLEY MATTHEW L. SEVIER NICHOLAS W. WAGNER LENTEISA L. HILL KEVIN P. SHANNON BRIAN M. WALINSKI MICHAEL B. HOCH MATTHEW S. SHAW DESMOND K. WALKER RODNEY B. HOOKS JOHNATHAN E. SHEATER JAMES A. WALKER KEVIN L. HUGHES JASON D. SHELL JOHN D. WALKER III CHAD R. HUNSUCKER DANIAL L. SHERMAN KRISTOPHER WALKER ELOUISE M. HURST ANTONIA K. SHEY NATHAN D. WALKER ADAM R. JARVIS RICHARD P. SHIELS ADAM P. WALTERS ERROL C. JOHNSON, JR. JACK L. SHIS KENNETH A. WARFORD MARK A. JONES JAMES E. SHULER JOHN F. WARNER III TERRENCE U. JONES SCOTT J. SIDES HUNTER D. WASHBURN ROBERT L. KETCH, JR. MICHAEL J. SIEDSMA CHRISTOPHER F. WASKEY KEITH W. KING GREGORY T. SIEGERT GEORGE B. WATKINS BRYCE D. KLAPUT JACKSON M. SIEGLINGER JAMES N. WATTS BRIAN K. KULBETH TYSON K. SILENGO JEREMY M. WEATHERS DAVID A. LAFEVOR JASON S. SILTMANN JASON J. WEHMEYER JASON A. LAURION MICHAEL J. SIMMONS BENJAMIN R. WEISS RONALD F. LEFAVORE, JR. BRETT A. SIMPSON JOSHUA D. WEISS MARK C. LETOURNEAU JOSEPH B. SIMS RAYMOND M. WERNIG, JR. CHARLES A. LONGEWAY RICHARD W. SKINNELL ANDREW P. WHALEY WILLIAM H. LOZIER III GABRIEL M. SLATER JONATHAN M. WHELAN JOHN S. I. LUCAS ADAM L. SLONE VES W. WHITTEMORE DAVID N. MACIAS RICHARD D. SLYE MICHEAL A. WICKHAM RANDALL L. MCATEE ROBERT F. SMAIL, JR. ANDREW G. WILCOX WILLIAM J. MCCAMMON GLENN J. SMITH GEORGE A. WILKENING TERRANCE L. MCCRAY GREGORY L. SMITH DIMETRI G. WILKER RICHARD C. MCNEIL JOHANNES SMITH JAMES T. WILLIAMS EUGENE MENDEZ JONATHAN D. SMITH NATHAN M. WILLIAMS SCOTT MILDENHALL JOSHUA D. SMITH STEPHEN P. WILLIAMS JEREMY MINER JUSTIN B. SMITH STEPHEN V. WILLIAMS LOUIS A. MOORE KELLEN L. SMITH MICHAEL J. WILLIS JOHN T. MOSLEY JOSEPH P. SNELGROVE JARED M. WOLCOTT MICHAEL R. MURPHY PARINA SOMNHOT MATTHEW W. WOLF LEONIDES E. NEPOMUCENO JAVED P. SONDHI KURTIS K. WONG DIANE E. NICHOLS DIRK C. SONNENBERG TRAVIS L. WOOD CRAIG C. NORMAN CHARLES N. SOUTHARD MATTHEW D. WOODS MICHAEL J. NOVAK CHRISTOPHER J. SPEICHER MICHAEL D. WORRELL WILLIAM M. NOVAK JASON W. SPRAY JOSHUA L. WRIGHT BRIAN C. NUSS IAN P. SPRENGER JAMES F. WRIGHTSON, JR. ANTHONY W. OXENDINE, JR. RANDY M. STACK DAVID J. WRIGLEY ERICH J. PARTSCH DAVID L. STANFORD, JR. KARI E. YAKUBISIN NICHOLAS E. PECCI JOHN T. STANLEY THOMAS F. YALE JULIO A. PETERSON JOSHUA C. STARR CHRISTOPHER P. YOST ANTONIO PRIESTER, JR. STEVEN P. STASHWICK TIMOTHY C. YUHAS JAMES T. RATLIFF PHILLIP A. STASO ROBERT M. ZABOROWSKI ERIK J. REED DAVID T. STAUBIN ANDREA J. ZENN DENNIS L. RICHARDSON JAMES A. STEELE PETER J. ZETTEL ALLEN W. RICHMOND JEREMY R. STEFFEN REBECCA A. ZIAJA MARK C. RINSCHLER ADAM M. STEIN STEVEN ZIELECHOWSKI SHARIVA A. ROBINSON BENJAMIN F. STEIN ERIC R. ZILBERMAN GREGORY A. RODRIGUEZ STEVEN L. STEINMETZ KENNETH W. ZILKA ERIC T. RYAN MATTHEW R. STENDER ROBERT E. ZUBECK II MARLON I. SALES MICHAEL STENGEL CHRISTOPHER S. SCHMIDT JONATHAN R. STEPHENS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STEVEN A. SHEPSKI GABRIEL T. STEVENS TO THE GRADE INDICATED IN THE UNITED STATES NAVY PETTIS N. SIMS TIMOTHY S. STEVENS UNDER TITLE 10, U.S.C., SECTION 624: JITINDRA W. SIRJOO MARK P. STINES To be lieutenant commander DENNIS D. SMITH, JR. ROBERT P. STOCHEL JEFFREY T. SMITH JEFFREY W. STODOLA CHRISTOPHER W. ACOR BRIAN L. SNOOK MIRCEA D. STOICA ERIK A. ADAMS DAVID L. STARNES JEFFREY C. STORER BRADLEY W. ADORADOR SCOTT D. SULMAN KALE B. STREETER THOMAS N. AMANO ROBERT B. SUTTER JASON M. STROBEL MICHAEL J. ANDERSON JAMES K. SWE DAVID R. STROMAN, JR. URIES S. ANDERSON, JR. RILEY E. SWINNEY, JR. NATHAN C. STUHLMACHER ISIDRO J. C. AQUINO COREY J. SYLVE JIMMY J. SUH RAVEN G. ATKINS, JR. DAREN D. TILLER JAMES F. SULLIVAN IV KEVIN M. BACON MARC B. TINAZ MICHAEL C. SULLIVAN WILLIAM M. BARKSDALE DANIEL J. TRIERWEILER MARK T. SUMMERLIN MARK J. BECKER MARCO R. VIDES MARK A. SWARTZ AARON T. BEHNE TRAVIS W. WAGNER THAD D. TASSO JOHN R. BELCHER TODD M. WILD KEITH J. TATE WILLIAM R. BLACKMAN DAVID M. WILLIAMS DAVID L. TAYLOR LARRY D. BLOODSAW, JR. DAVID T. WRIGHT JONATHAN A. TAYLOR CLARENCE R. BOSWELL II RICHARD P. ZABAWA MARK A. TEDROW SHELLEY E. BRANCH DAVID R. TERRY JOHN J. BURKE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANDREW M. THOM TRAVIS C. BURNETTE TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRADLEY R. THOMPSON JERRY L. CANNON UNDER TITLE 10, U.S.C., SECTION 624: CASEY S. THOMPSON ADRIAN C. CASTER To be lieutenant commander MATTHEW G. THOMPSON PHILIP A. CASWELL TREVOR C. THOMPSON BRAD A. CLOUSE MATE W. AERANDIR GALEN M. THORP JOSEPH T. COCKEREL TONY V. ANDERSON REEVES THURMAN WADE A. CONAWAY WILLARD E. BALL FREEMAN B. TIDABACK ERIC K. CONRAD CURTIS A. BELING, JR. JONATHAN D. TIGHE VERNON R. COOK BRANDY D. BENNETT DAVID K. TIREY PATRICK G. CORTEZ MATTHEW B. BIELIK FRANCISCO TOBIO, JR. WINSTON A. COTTERELL JASON L. BRUEHL DILLON J. TOLMIE BRENT E. DILLOW LAJUANA BUHMANN NEIL J. TOOHEY, JR. MICHAEL J. DISCH NEIL J. CURTIS CHRISTOPHER A. TORRES CHAD D. DIXON EDWARD M. DAVID DALE R. TOURTELOTTE DOUGLAS A. EVANS CYNTHIA R. DUKE SAMUEL K. TRAIN MICHAEL R. FASANO JUSTIN R. FARBER PAUL R. TRANBARGER HOWARD C. FICHTEL HEATH C. FLORAY ARTURO TREJO MICHAEL W. FISHER LAUREN A. GOLDENBERG MICHAEL Q. TREMEL RYAN A. FISHER WILLIAM L. V. GRENOBLE SEAN H. TROMBLY DIEGO L. FLORES CHRISTOPHER D. GUSTAFSON BRIAN TRUONG TERRANCE FLOURNOY RYAN F. HEALY STEVEN J. TSCHANZ LEONARDO R. FRANKLIN MICHAEL V. HOLLER TERRY L. TURNER II DANIEL D. FUGETT SHAWN R. HUGHES MICHAEL G. TYREE RODNEY B. FULLINGIM GERALD J. JOHNSON, JR. TODD P. URKOWITZ JAMES B. GALLAGHER WESLEY D. KERR

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BRETT T. KIRWAN BRIAN M. SALTER LARIE A. DIXON ARPAD P. KOROSSY MICHAEL C. SCHAEFER AARON T. DOBSON JOSE L. LEPESUASTEGUI ROBERT C. SELLIN MICHAEL G. DODSON HEATHER D. MADERIA DAVID T. SPALDING SEAN M. DOHERTY TROY M. MCCORMICK PHILIP J. STARCOVIC JASON W. DOWNS PHILLIP P. MENARD VII JOSHUA C. STONEHOUSE MARK A. EWACHIW, JR. ANDREW T. MICHALOWICZ TONY V. H. TRAN EID F. FAKHOURI CHRISTOPHER M. MICHALSKI BRIAN K. VIDRINE DEREK E. FLETCHER DANIELLE K. MOEN STEPHEN W. WILLIS ETHAN J. JAWORSKI SHEILA R. MOLINA CHELSEY L. ZWICKER DAVID P. JOHNSEN RYAN D. JOHNSON KRISTEN M. MURDOCK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RAYMOND J. KILWAY II CURTIS B. NIEBOER TO THE GRADE INDICATED IN THE UNITED STATES NAVY AMY C. LEES TOLULOPE E. OBRIEN UNDER TITLE 10, U.S.C., SECTION 624: JOSEPH L. PRUCE JAMIE S. MASON JESSICA A. REED To be lieutenant commander MONIQUA J. MAXIE SCOTT E. RIFFLE MICHAEL P. MCCORMICK BRIAN F. BRESHEARS SERGIUS M. RODRIGUEZ ALEXANDER L. MCGINNIS ALEXANDER J. CULLEN ADAM D. SEILER ADAM J. MILLS LYNNE H. EDWARDS JAMES M. A. SPALL ADAM M. OSBORN KYLE B. FRANKLIN DAVID J. TEBBE JARROD M. OZEREKO JAMES R. FRITZ SARA E. WARYNOVICH CHRISTOPHER J. PANDY MARK A. HEBERT ROLLIE J. WICKS THOMAS E. PILKERTON CARTER L. JOHNSTON JONATHAN M. WIENS BRANDON H. PONTIUS COLLEEN M. MCDONALD JEFFREY A. WILLIAMS JAVAN A. RHINEHART THOMAS J. MILLS PAUL J. WOOD MICHAEL A. SAMMATARO KYLE E. OBROCK ROBERT E. WOODS, JR. AMIEL B. SANFIORENZO MICHAEL J. PAPA JACQUELINEMAR W. WRONA MATTHEW B. STROTHER WILLIAM A. SAUER II WILLIAM T. TAFT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEFFREY D. SCOOLER SPENCER V. TALLEY TO THE GRADE INDICATED IN THE UNITED STATES NAVY DAVID A. TRAMPP ROBERT D. TUTTLE UNDER TITLE 10, U.S.C., SECTION 624: GARY M. VINES JAMES M. UPSHAW To be lieutenant commander ROBERT D. T. WENDT GILBERT P. VIERA III WALTER R. YOUNG, JR. JAMES W. WALDREP CHRISTIAN G. ACORD DAVID A. ZIEMBA JOHNATHAN C. WALKER FRANK P. AGCAOILI THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEFFREY K. WHITE JONATHAN R. ALSTON TO THE GRADE INDICATED IN THE UNITED STATES NAVY JEREMIAH J. YOUNG MICHAEL J. ASCHE UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TIMOTHY S. BLEVINS To be lieutenant commander TO THE GRADE INDICATED IN THE UNITED STATES NAVY MICHAEL S. BROCK UNDER TITLE 10, U.S.C., SECTION 624: ROBERT A. BUCKLES DANIEL J. BRADSHAW ANTHONY C. CAGLE To be lieutenant commander ROY D. CHESSON JASON R. CHAMBERLAIN JARROD GAZAREK JASON E. DION JEMAR R. BALLESTEROS JOHN S. HANCOCK ISAAC J. DONALDSON GINA M. D. BECKER JONATHAN S. KIM ANTHONY E. ELLIS MAURA G. BETTS EMILIE A. KRAJAN CHARLES W. GORNEY CLINTON T. CERALDE STEPHANIE C. LASTINGER GRANT K. GRAEBER TESSA M. DENARO JOSEPH F. LEAVITT GLENN S. GREENLEAF WALTER D. ENOS TIMOTHY B. LINDSAY DANIEL J. HANSEN ANNETTE M. FELICIANORAMOS ROSS W. PETERS JASON J. HUGHES JOSEPH S. FELIX JEREMY J. HULS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN B. FIELDS BRUCE L. HUNT TO THE GRADE INDICATED IN THE UNITED STATES NAVY DANIEL E. FRIAS CLIFTON E. JACKSON III UNDER TITLE 10, U.S.C., SECTION 624: ANDREW C. GERLA BRIAN J. GROW MATTHEW T. JOHNSON To be lieutenant commander KELLY A. KEISER PATRICE R. HENTZ RICHARD E. KIDDER, JR. ARLO K. ABRAHAMSON SHAINA M. HOGAN KIRSTEIN S. LEWIS DAVID A. BENNETT MARK D. JENKINS DANIEL J. MACCABE BRETT A. DAWSON ALLEN T. KEYS CRAIG T. MCLEMORE THERESA L. B. DONNELLY EMILY J. KLOSSNER THOMAS C. MCLEMORE TIMOTHY A. HAWKINS RICHARD H. LAY, JR. CHRISTOPHER J. MULLEN FREDERICK M. MARTIN VIANNY LEMBERTSANTANA CARLOS R. PESQUERA MARISSA N. MYATT JESSICA K. MORRIS CHRISTOPHER R. PISANI TIMOTHY C. PAGE SABINA D. PAMARAN SANTHOSH K. SHIVASHANKAR SCOTT D. SAGISI SARAH C. M. PETTIT CARLTON B. SUMMERVILLE MEGAN M. SHUTKA BRIAN C. RICHARDS ANTHONY O. THOMAS RENEE F. SOLTES JONATHAN C. RYAN CHRISTOPHER J. WASEK TIFFANI B. WALKER REYNEL SAA ASHLEY P. TAYLOR JON T. WENDE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEFFREY A. WHITE KAREN J. TEAGUE TO THE GRADE INDICATED IN THE UNITED STATES NAVY NICHOLAS S. TURNER JEFFREY W. WHITSETT UNDER TITLE 10, U.S.C., SECTION 624: BRIAN P. WORDEN GIULIANA M. VELLUCCI To be lieutenant commander ADAM P. WALSKI THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANNE L. ZACK TO THE GRADE INDICATED IN THE UNITED STATES NAVY JAMES C. BAILEY UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MIGUEL A. BERNAL, JR. TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be lieutenant commander KACEY M. BOWMAN UNDER TITLE 10, U.S.C., SECTION 624: JOSHUA I. CAMPBELL AARON N. AARON CHRISTOPHER G. DANIELS To be captain JOSEPH D. ANDERSON ANTHONY M. ELLERBE CHRISTOPHER A. CEGIELSKI KITAN BAE CHARLES L. FISHER, JR. KEVIN R. BARRETT JOSE R. GARCIA THE FOLLOWING NAMED OFFICERS FOR TEMPORARY JASON J. BECKER GAVIN D. GUIDRY APPOINTMENT TO THE GRADE INDICATED IN THE ANDREW R. BELDING CHAD C. JELSEMA UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION EHREN J. BITTNER JAMES M. LANDRY 5721: JOHN J. BOGDAN III STEPHANIE R. MACKRIS To be lieutenant commander KENNETH W. BROOKS COLETTE M. PANAGOS WILLIAM B. CAMPBELL CHRISTOPHER T. SCHROCK KEVIN C. ANTONUCCI ANTHONY J. CANTAFIO, JR. JASON R. STALEY CHRISTOPHER H. BLAND JOSEPH E. CANTU, JR. TOMMY T. Y. TONG MARSHALL T. BOYD TYLER H. CARR AMANDA J. WELLS BERRY T. BROWN EREN D. CATALOGLU THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TRAVIS C. BURNETTE NICHOLAS A. COLE TO THE GRADE INDICATED IN THE UNITED STATES NAVY JASON CHUMA HOLLIE P. CRONLEY UNDER TITLE 10, U.S.C., SECTION 624: MATTHEW B. DEBAUN MATTHEW G. DALTON SCOTT A. EDMINSTER JOHN K. DOYLE To be lieutenant commander BRYAN M. GALLANT REGINALD C. FEWELL JEFFREY A. GARDNER ERIC S. KINZBRUNNER ELIAS J. GEORGE CHRISTOPHER J. HEINE JUSTIN M. LETWINSKY DONNA R. GILBERT DANIEL K. HOLLINGSHEAD MATTHEW M. MCCLURE CHRISTOPHER P. HARNED JONATHAN A. HULECKI JASON T. MOSTACCIO MARK G. HOFER II LUKE H. I. IM ERIC M. ZACK JULIA M. HUBERTZ JEREMY R. JANNEY ADAM T. HUMPHREY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DOMINIC J. KRAMER WILLIAM R. HURD TO THE GRADE INDICATED IN THE UNITED STATES NAVY JAMES C. LEASURE III MARK J. JACOBBI, JR. UNDER TITLE 10, U.S.C., SECTION 624: ANTHONY D. MACALUSO CHRISTOPHER D. JOHNSON To be lieutenant commander SEAN M. MATSON KENYATTA M. JONES PATRICK L. MCCLERNON VICTORIA A. KAYE JERMAINE A. BAILEY MICHAEL N. MOWRY JOSHUA D. KHOURY BRIAN J. BANAZWSKI DONALD NICHOLS, JR. CARSON C. MCABEE ALEXANDER B. BAYNES SAMANTHA A. ONEIL WYLIE MCDADE TABITHA A. BOOTH MICHAEL P. ORFINI CHAD M. MCDOWELL KERRY N. BOSCHE TRAVIS B. POWELL MICHAEL N. PERKINS II BRENT A. BOTTOLFSON ROBERT RAMIREZ III NICHOLAS J. RAUSCH JAMES J. COLGARY, JR. SCOTT M. REYNOLDS NATHANIEL D. RIGHTSELL JONATHAN S. CONNELLY SHAYNE J. SCHUMACHER JEFFREY E. ROBINSON AARON C. DAUSMAN JEFFREY D. SCHWAMB DARREN J. ROGERS YEVTTE A. DAVIS JAMES E. SHULER JONATHAN J. SAHIM SJAAK A. DEVLAMING JEREMIAH S. SMITH

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JOSHUA M. SMITH DAVID W. RODEBUSH ANGELA M. WEBSTER REID W. SMYTHE SCOTT A. ROSCOE MATTHEW A. WEINER WILLIAM C. STEWART MICHAEL P. RYAN LISA A. WHITE MATTHEW I. TENNIS BENJAMIN L. SHEINMAN THEODOR A. ZAINAL REEVES THURMAN ELISHA E. SINGLETON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PAUL R. TRANBARGER FREDERICK H. SKINNER TO THE GRADE INDICATED IN THE UNITED STATES NAVY ANDREW J. VALERIUS TERESA A. STEVENS UNDER TITLE 10, U.S.C., SECTION 624: CHRISTOPHER W. VANLOENEN CHRISTOPHER M. SWANSON ANDREW J. VINCENT CHRISTOPHER C. TECMIRE To be commander NELLIE WANG CHARLES M. TELLIS JOSHUA D. WEISS JUAN C. URIBE DAVID L. BELL, JR. ANDREW A. BOOKWALTER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KRISTEN D. VECHINSKI JASON J. BREZOVIC TO THE GRADE INDICATED IN THE UNITED STATES NAVY KRISTIAN L. WAHLGREN WILLIAM J. BURKE, JR. UNDER TITLE 10, U.S.C., SECTION 624: SHANNON W. WALKER DARYL M. WILSON MATTHEW W. CHANG To be commander MICHAEL D. WINN HEIDI S. ELLIS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL A. GENTILE FERDINAND D. ABRIL CHRISTOPHER N. HANHILA JEREMY P. ADAMS TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: SUSAN E. HINMAN DEAN E. ALLEN KEVIN E. HUDSON ROSS B. CAMPBELL To be commander CHRISTOPHER S. KAPLAFKA FRANK W. CARROLL KHON H. LIEN SOMCHANH CAVANH KENNETH R. BASFORD GARIN M. LIU CRAIG A. CLUTTS JOHN G. BROOM JOHN W. MCGEHEE, JR. CHRIS M. COGGINS CHERYL L. COTTRELL KEITH R. MERCHANT JEREMY B. GATES WILLIAM G. DANCHANKO JEFFREY D. NEAL JOHN T. JEFFREY CHARLES E. DICKERSON JEROME N. RAGADIO PATRICK C. JORS KENNETH L. FOLSOM MARK A. ROMANO IAN M. KELLY DAWN E. GALVEZ CHERI R. SMILEY CHARLES B. KUBIC JAMESETTA W. GOGGINS CALVIN B. SUFFRIDGE STEPHEN T. LEPPER RYAN P. GRISWOLD JOSE A. SURIS ANDREW L. LITTERAL ROBERT J. HAAG NATHAN J. WONDER PAUL F. MAGOULICK SHAWN M. HARRIS ANCELMO J. MCCARTHY TOD A. HAZLETT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOEL D. MCMILLAN TED W. HERING TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOSEPH M. OSULLIVAN CYNTHIA A. HUTCHINSON UNDER TITLE 10, U.S.C., SECTION 624: AARON W. PARK COREY A. JAGO To be commander RUSSELL S. PILE PATRICIA B. JOHNSON JAMES M. ROCHE LALON M. KASUSKE RUBEN D. ACOSTA SHAWN M. ROCKWELL CHRISTOPHER D. KEITH JOHN E. ALEX ATIIM D. SENTHILL MATHEW R. LOE KAIVON ARFAA ANDREW J. SHINKA MARK A. LYNCH MARCO A. AYALA TORBEN T. SMITH HALEY T. MACEK ANDREW J. BALDWIN ANDREW J. SONIER SUZANNE F. MALDARELLI THOMAS M. BALDWIN DANIEL A. STOKES JESSICA NICHOLS MICHAEL M. BARNA MICHAEL J. WANGER CHARLENE R. OHLIGER PATRICK L. BASILE ALLEN E. WILLEY HEATHER B. RAY JARED D. BERNARD THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROBERT J. ROADFUSS LUKE F. BREMNER TO THE GRADE INDICATED IN THE UNITED STATES NAVY TIMOTHY R. ROUSSELOW ZACHARY W. BROWN UNDER TITLE 10, U.S.C., SECTION 624: JARED E. SCOTT DAVID I. BRUNER JAMI A. STAKLEY MICHAEL A. BUCKLEY To be commander KELLY E. K. VEGA WAYNE M. BURR JOHN M. WATERS MICHAEL A. BURT MICHAEL D. AMEDICK ANDREW S. WILSON COREY A. CARTER JOHN G. ANDERSON KENNETH A. WOFFORD KEVIN M. CASEY MICHAEL R. BAKER JOHN P. ZALAR WILLIAM K. CHIN MATTHEW K. BERRENS KENNY K. CHOI ROBERT N. BURNS, JR. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ALISON M. CHRISTIE ALAN CAMERON TO THE GRADE INDICATED IN THE UNITED STATES NAVY MATTHEW S. CHRISTMAN MICHAEL B. CHANEY UNDER TITLE 10, U.S.C., SECTION 624: ERIN B. COAN STEPHEN M. COATES To be commander MICHAEL S. DENT DAVID D. DINKINS TODD J. ENDICOTT RANDALL D. EKSTROM BRIAN J. ELLIS, JR. RICK L. FISHER DANIEL W. HALL BRENT K. FAULKNER ANDREW S. FLOTTEN ROBERT W. HALL RICHARD E. FEDERICO MICHAEL R. FRASER, JR. HENRY F. HOLCOMBE, JR. DANIELLE M. HIGSON JENNIFER C. FREEMAN THOMAS A. IANUCCI SHANE E. JOHNSON JERALD W. FROEHNER JOHN R. LOGAN ROBERT T. KLINE DIANA C. FU ROBERT A. MOORE DEBORAH M. LOOMIS SATYEN M. GADA WESLEY T. MYHAND JOHN M. MONTGOMERY ALEXANDER B. GALIFIANAKIS RONALD C. NORDAN GREGORY W. SAYBOLT PHILLIP G. GEIGER MICHAEL L. PHILLIPS HOLLIS N. SIMODYNES JEFFREY W. GERTNER WILLIAM S. RILEY MATTHEW J. SKLEROV CHARLES F. GOULD, JR. RONALD T. RINALDI WILLIAM P. SMITH SCOTT E. GRABILL RICHARD L. ROE GRETCHEN D. SOSBEE ADOLFO GRANADOS, JR. JAMIE J. STALLRYAN IAN P. WOLF MARION A. GREGG DARREN L. STENNETT SYLVAINE W. WONG ERIN A. GRIFFITH DENNIS M. WHEELER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT NOA C. HAMMER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY SCOTT M. HARLEY TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: JOSHUA M. HARRISON UNDER TITLE 10, U.S.C., SECTION 624: To be commander BRADLEY W. HICKEY To be commander THOMAS R. HICKS KEVIN S. BAILEY STEVEN J. HOLLEY KERRY E. BAKER STEVEN M. BAILEY ALEXANDER M. HOLSTON FORREST D. BAUMHOVER EDWARD A. BENCHOFF KERRY A. HUDSON DANIEL L. BESSMAN JOSEPH L. BONVIE CRAIG J. HURT KEVIN L. BORKERT RAYMOND M. BRISTOL JEFFERY C. JOHNSON MARK S. BOWMER ERIC B. CARLSON SONOVIA L. JOHNSON PETER M. BRAENDEHOLM LORI A. CHRISTENSEN MICKAILA J. JOHNSTON JOHN H. BREDENKAMP III CHRISTOPHER L. COOPER AHMIK L. JONES MATTHEW J. BRICKHAUS SHAWN P. CRAWFORD LINDSAY E. JONES FREDERICK H. CRAWFORD RODEL H. DIVINA MICHAEL R. KAPLAN KAREN R. DALLAS KARLTON K. DODSON MICHAEL J. KAVANAUGH ANDRES DIAZ JUSTIN W. DOWE BRYAN J. KEENAN STEFAN EDWARDS GREGORY R. FAIRCHILD JOSHUA T. KINDELAN VINCENT V. ERNO DAWN M. FREEMAN MICHAEL C. KING RICHARD C. GUSTAFSON, JR. JOHN D. GARBRECHT BRIAN T. KLEYENSTEUBER DALE A. HANEY LEAH Y. GEISLINGER ALAN S. LAM SHANNON B. HARRELL JOHN S. GRIESENBECK SHANNON V. LAMB BRIAN D. HENDERSON TIMOTHY D. HENNING EDWIN J. LANDAKER RONALD L. HOAK II DANIELLE V. HICKS IAN M. LAUGHLIN TARA L. HODGE CARY J. ISAACSON RACHEL U. LEE JASON G. HOFTIEZER JUSTIN C. LOGAN ELIZABETH A. LEONARD DEREK P. HOTCHKISS KELLIE L. MCMULLEN SEAN P. LEONARD KELLY W. HOUSE, JR. RYAN L. MESKIMEN PHILIP R. LETADA ROBERT J. JAMES ROBERT C. MORRISON JASON J. LONGWELL THOMAS R. JENKINS JOSE E. NIEVES ROBERT M. MARKS MATTHEW S. JONES OLAITAN F. OJO MATTHEW R. MATIASEK PATRICK J. KELLY EDWARD H. OWENS CARI E. MATTHEWS SHANI S. LEBLANC JAMES W. PERRY DAMON M. MCCLAIN MICHAEL F. LORRAIN II JACQUELINE L. POLLOCK JAMES M. MCDONALD VALERIE M. MCCALL CHADWICK E. RAY MICHAEL R. MELIA CRAIG A. MIHALIK SHAWN E. SOUTIERE TODD J. MONDZELEWSKI JAMES D. OLEARY HAZELANN K. TEAMER JOSEPHINE C. NGUYEN STEVEN M. OSBORNE DENNIS C. TOLENTINO DANIEL G. NICASTRI GILBERTO P. PENSERGA AMY C. VARNEY THOMAS W. NIPPER II ALLEN RIVERA BETH A. VEALEY EMEKA O. OFOBIKE

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