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, MAY 8, 2014 No. 69 House of Representatives The House met at 10 a.m. and was or not it is ‘‘paid for.’’ Anyone who has worked diligently and produced a called to order by the Speaker pro tem- been in Congress for awhile, in essence, somewhat simplified code with a low- pore (Mr. BENTIVOLIO). has already voted to make it perma- ered tax rate and without adding to the f nent and not pay for it. deficit, which is essentially what Re- Regardless of the budget rules, this is publican leadership Presidential ticket DESIGNATION OF SPEAKER PRO one area of investment that I think claimed they wanted. TEMPORE probably does pay for itself. It pays for Yet my Republican friends are unable The SPEAKER pro tempore laid be- itself in economic activity, scientific to accept the necessary reductions in fore the House the following commu- breakthroughs, and product develop- other tax benefits that come with the nication from the Speaker: ment. It advances the interests of not package. But there is bipartisan reluc- WASHINGTON, DC, just American companies, but of com- tance in this regard. May 8, 2014. merce and our overall economy. I hereby appoint the Honorable KERRY L. As a country, we are consistently It illustrates that we are, I think, BENTIVOLIO to act as Speaker pro tempore on underinvesting in research. There is no never going to get out of this box until this day. substitute for the Federal Government we have another source of revenue. The JOHN A. BOEHNER, playing the vital role that it has in the most promising would be a carbon tax, Speaker of the House of Representatives. past with the development of the semi- which would be broadly distributed f conductor, the Internet, and the basic throughout the economy. It should be revenue-neutral, using the revenue MORNING-HOUR DEBATE role that it has played in dealing with health and medical research. raised to modify the impacts on lower- The SPEAKER pro tempore. Pursu- I don’t like how this legislation has income citizens and businesses, and ant to the order of the House of Janu- been handled. This is an issue that using the rest of the proceeds to keep ary 7, 2014, the Chair will now recog- should have been characterized by bi- it revenue-neutral could help us sim- nize Members from lists submitted by partisanship, by working together to plify the Tax Code. It might be the the majority and minority leaders for make the research tax credit more ef- only way to reform the Tax Code. morning-hour debate. fective. We could consider making it Simplification costs money, which an The Chair will alternate recognition refundable to help smaller emerging aging and growing country needs to re- between the parties, with each party businesses. We could take a hard look place. The carbon tax will do that and limited to 1 hour and each Member at constructive criticisms that have will have the added benefit of providing other than the majority and minority raised questions about how we could greater simplification for energy-sen- leaders and the minority whip limited make it work better. That should be sitive provisions and, by the way, will to 5 minutes, but in no event shall de- our job. help us save the planet. bate continue beyond 11:50 a.m. Luckily, this is the start, not the The report released this week by the f end, of the process. There will be more work that will be done with our friends administration on climate underscores RESEARCH TAX CREDIT in the Senate under the leadership of the impact that climate change and global warming is having now. A car- The SPEAKER pro tempore. The Senator WYDEN and Senator HATCH on bon tax is the best way to exercise our Chair recognizes the gentleman from the Senate Finance Committee, who leadership to change that process. I Oregon (Mr. BLUMENAUER) for 5 min- have already started down this path. utes. What is very likely to emerge in the have long supported a revenue-neutral Mr. BLUMENAUER. Mr. Speaker, I short term will not be a permanent but carbon tax, and will continue to do so, supported the research tax credit legis- rather a 1- or 2-year extension. It is as the key to long-term tax reform and lation in the Ways and Means Com- progress to get it reenacted and to sig- environmental protection. mittee, as I have done repeatedly in nal broad support for its permanence In the meantime, I will continue to the past. I intend to do so on the floor and refinement. support individual tax provisions that as a first step in getting some cer- All of the controversy surrounding are important to my community, that tainty into a program that has been tax reform underscores the funda- help our economy and protect and en- plagued with uncertainty for as long as mental challenge. hance the infrastructure. I only hope I have been in Congress. The inability of the Republican lead- that we are able to make the transition The tax credit has been extended 15 ership to embrace the work product of so that we can do this in a more times without concern about whether Chairman CAMP is illustrative. He thoughtful and constructive fashion.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H3944 CONGRESSIONAL RECORD — HOUSE May 8, 2014 PUTTING FISH BEFORE PEOPLE tremes, and it cries out for funda- reporter hired in the Montgomery The SPEAKER pro tempore. The mental reform. The House twice has media market. Chair recognizes the gentleman from passed such a reform bill, most re- Historian Richard Bailey defined California (Mr. MCCLINTOCK) for 5 min- cently as H.R. 3964, but the Senate re- Norman’s prolific career in 3 words: utes. fuses to act on it or to pass its own al- ‘‘forceful, thorough, and believable.’’ Mr. MCCLINTOCK. Mr. Speaker, ternative. Bailey further noted that Norman per- California is suffering one of the worse Nevertheless, the administration has sonified Black broadcasting. He coined droughts in its history. More than a the authority to stop these releases the phrase, ‘‘If you don’t want to hear half-million acres of the most fertile through provisions in the Endangered it on this station, don’t let it happen.’’ farmland in the Nation have been dev- Species Act but has failed to do so. The phrase represented not only his astated. Some Central Valley farmers Mr. Speaker, we use the word ‘‘out- thirst for truth but his commitment to have been notified that they will re- rage’’ too often on this floor, but in accurate reporting. ceive zero water allocations from the this case it is an understatement. If a Norman was guided by these prin- Federal system. The owners of long- homeowner is caught with a 1-gallon ciples when he was assigned to cover held water rights are being cut off. puddle on his lawn on the wrong day, the reelection bid of then-segrega- In some communities ‘‘water police’’ he can be fined. But the government tionist Governor George Wallace in go from door to door to enforce water thinks nothing of flushing 23 billion of 1970. During the race, Norman admit- restrictions. Homeowners are forbidden gallons of desperately needed water for ted that fellow reporters would give to water their lawns, except under the the comfort and convenience of the him misinformation to embarrass him most rigid constraints. Sacramento of- fish. in efforts to discredit his journalistic fers an app so they can turn in their How much longer will the people tol- integrity. neighbors to the water authorities. erate this kind of mismanagement But this passionate advocate for And yet, knowing full well that we from their government? How much truth was not deterred. In fact, Gov- are facing a devastating drought and longer will we allow these policies to ernor Wallace personally made sure that our dwindling water supply will be threaten the health, safety, and pros- that Norman was kept abreast of new desperately needed by our people this perity of the human population developments and campaign events. summer, over the past several weeks throughout these drought-afflicted Through his extraordinary coverage of the Bureau of Reclamation has re- lands? Governor Wallace, Norman not only leased 70,000 acre-feet of water from California’s chronic water shortages earned credibility but a lasting respect dams on the American and Stanislaus won’t be addressed without additional from those in the industry. Rivers to meet environmental demands storage. There are plenty of suitable His perseverance proved that he was that place fish above people. sites, but current laws have delayed poised to become one of the best inves- This is enough water to meet the an- them indefinitely and made them cost- tigative journalists in the State of Ala- nual needs of a city of half a million prohibitive. bama. people, all sacrificed in order to flush Until those laws are changed and new Norman Lumpkin also made history salmon smolts to the ocean, where dam construction can begin, our State off-camera. He was the first Black they tend to swim anyway, and keep and Federal Government have a re- president of the Alabama AP Broad- the river at the right temperature for sponsibility to manage our dwindling casters Association and was inducted the comfort of the fish. water supply as carefully as we ask our into the National Academy of Tele- The releases of this water are so citizens to do. vision and Arts’ prestigious Silver Cir- enormous they are called ‘‘pulse The wildly frivolous and extravagant cle in 2007. flows.’’ Citizens are warned to exercise water releases from our dams last He eventually left WSFA in 1999 and extreme caution on rivers undergoing month make a mockery of the extraor- became news director at Montgomery’s pulse flows, so swift is the water cur- dinary sacrifices that our citizens are ABC affiliate before serving as public rent they produce as the water rushes making to stretch supplies in this cri- relations director for the Alabama toward the ocean. sis. Highway Department, where he eventu- Four months ago, Folsom Lake on Perhaps, at least, these releases will ally retired. the American River was almost empty. serve to educate the public on just how Today, I honor Norman Lumpkin for Yet on April 21, the Bureau of Rec- unreasonable these environmental laws serving as an impeccable role model lamation more than tripled the water are—and the policymakers responsible and source of inspiration for genera- releases from Folsom and Nimbus for them. tions of Black journalists who now fol- Dams from 500 cubic feet per second to f low in his footsteps. Those that had the more than 1,500 cubic feet per second HONORING NORMAN LUMPKIN pleasure of watching him were indeed for 3 days. That is about 7,000 acre-feet inspired by his mere presence. He was of water. The SPEAKER pro tempore. The to many a perfect illustration of what On April 14, a 16-day pulse flow Chair recognizes the gentlewoman from was possible in his field. As he coura- drained nearly 63,000 acre-feet of water Alabama (Ms. SEWELL) for 5 minutes. geously broke barriers, he gave African from New Melones and Goodwin Dams Ms. SEWELL of Alabama. Mr. Speak- Americans a voice in a State that was on the Stanislaus. The irony is that if er, I rise today to pay tribute to the still struggling for racial equality. we hadn’t built these dams, these riv- life and legacy of veteran newscaster ers would be nearly dry in this drought Norman Lumpkin, who passed away on b 1015 and there wouldn’t be any fish. Tuesday, May 6. While we mourn the On behalf of a grateful Nation and We cannot demand that our people passing of this pioneer, I am comforted State, we salute this American hero discriminate and save and stretch and in knowing that his legacy will live on and Alabama treasure. Saying thanks ration every drop of water in their through the barriers he broke for Black to Norman Lumpkin somehow seems parched homes while at the same time journalists in the State of Alabama. woefully inadequate, but on behalf of this government treats our remaining I join with his family, friends, and the countless journalists and media water supply so recklessly, so irrespon- former colleagues in remembering Nor- professionals that you have inspired, sibly, and so wastefully. man Lumpkin for his numerous con- we honor your legacy and your place in This conduct utterly destroys the tributions to the industry. Alabama history. credibility of government demands for Norman launched his longstanding I ask my colleagues to join me in stringent conservation and sacrifice by media career by working for radio sta- mourning the passing of a great vet- our people, and it thoroughly under- tions in Montgomery, Alabama, and In- eran journalist, Norman Lumpkin. mines its moral authority to make dianapolis, Indiana. However, Norman f these demands. would rise to prominence when he was Inflexible laws administered by ideo- hired in 1969 by WSFA in Montgomery, NATIONAL NURSES WEEK logically driven officials have taken Alabama. He was the station’s first The SPEAKER pro tempore. The this wastage of water to ridiculous ex- Black reporter and also the first Black Chair recognizes the gentleman from

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — HOUSE H3945 Illinois (Mr. RODNEY DAVIS) for 5 min- and in this Congress, Nigeria faces a How dare we allow this brutal killer utes. killing machine. In the last 48 hours, to last much longer without being Mr. RODNEY DAVIS of Illinois. Mr. again, Boko Haram struck and killed brought to justice? Speaker, many of you may not be 300 people. This killing has been going So that elite force would bring this aware, but this week is National on for a minimum of 5 to 10 years. vile and evil person, who has no intent Nurses Week. Yesterday, five Members—five to do anything more than to continue I am honored to be able to stand on women of the United States Congress to ramp up his publicity and the the floor of this great institution to held this sign to indicate that we, as world’s attention to his violence, bring talk about the nursing profession, what mothers, grandmothers, aunts, and him now to justice, move quickly uti- nurses mean to our health care indus- those who care about children, all of lizing the resources and focusing. try and what nurses mean to each and our colleagues stand united to find the It is also important that all of the every one of us when a family member kidnapped girls and to stop the killing world’s institutions declare Boko is being treated at a time when we need in Nigeria. Haram—the ridiculous group that says: the most compassion, we need the best We stand united to find the vile and we don’t want any western education, care, and a nurse is the one who steps evil Abubakar Shekau, the head of the and all girls should be married—de- into that room and offers that compas- Boko Haram killing contingent. We clared a terrorist organization. sion and offers that care on a daily saw him most recently grabbing atten- It must be done swiftly, so that all basis. tion by standing in front of a tank, the world’s focus will be on this das- I have a special place in my heart for holding a gun, and citing the most lu- tardly, devastating, vile leader of this nurses because my wife, Shannon, is a dicrous and insulting prospect that one organization and the organization. nurse, somebody who not only has could hear. He held up $12 and indi- We can collaborate with the African served patients in their home, on the cated that he would sell the kidnapped Union and the U.N. peacekeepers. Then hospital floor, at the beginning of life girls. we want to provide armed protection and at the end of life, she has also Mr. Speaker, that is not all that he is for all of the schools as they finish out helped teach the next generation of doing. He has been killing and pil- or continue their educational training. nurses. laging. He has caused parents to have Mr. Speaker, let me say to you these We, in Washington, hear constantly to, in essence, go after him with sticks are like the boys and girls that are in about a nursing shortage in this coun- and stones. the schools of America right now. try; and we, in Washington, need to re- Yesterday, we spoke not only with These are primary education children. member that it is up to us to enact the leadership at the Nigerian Em- These are secondary. policies and programs that are going to bassy, a relationship that the United I ask my colleagues to join in the encourage more young people to go States prides in terms of the contribu- outrage of this ridiculous and horrible into the nursing profession. tion Nigeria has made, but it is no situation. I ask that we are finding our I want to honor all nurses this week doubt that, in this instance, we want girls and capturing this terrorist lead- during National Nurses Week because I Nigeria to do more and more and more. er. want to recognize the hard work that We asked, by speaking to the leader- f they do and the impact they have, not ship in Nigeria by phone, that Presi- PUTTING AMERICA BACK TO WORK only to the nursing profession, but to dent Goodluck Jonathan stand up and America as a whole. indicate Nigeria’s commitment to find- The SPEAKER pro tempore. The Whether it is the support nurses pro- ing these girls and, in essence, bringing Chair recognizes the gentleman from vide at major hospitals throughout my this horror terrorist to justice. Oregon (Mr. DEFAZIO) for 5 minutes. congressional district in central and At the World Economic Forum, his Mr. DEFAZIO. Mr. Speaker, later southwestern Illinois or in smaller, opening remarks did just that. He today, the Republicans, in violation of critical access hospitals that provide spoke about the help that was coming their own rules, are going to push some of the most localized care in from the United States, the leadership through a permanent extension of re- places like Staunton, Illinois; Clinton, of President Obama and Secretary search and development tax credits, at Illinois; Litchfield; Hillsboro; and even Kerry, and the other nations that are a cost of $16 billion a year. That is an- my hometown of Taylorville, they are coming together to be able to find other $16 billion a year of deficit to be vital to the success of not only the these girls. added to the national debt—over the health care industry they serve, but to Outside of Syria and Afghanistan, in next 10 years, $160 billion. the health of the patients that they are terms of mass killings over the recent Now, that is not to say that research trained to care for. years, this stands, clearly, in the eye of and development tax credits don’t have As baby boomers continue to retire, the storm. tremendous merit. They can do a great ensuring that we have enough educated We ask to have created a victims’ deal to encourage American innovation nurses should be one of the priorities of fund. We want to be able to ensure that and research, new design, development. this institution that I mentioned ear- these parents who are, literally, broken They can boost our economy. They can lier. We should continue to support and the children that may be found—or help our international competitive- funding for nurse education programs the wounded ones—have the oppor- ness. at all of our universities, colleges, and tunity to be made whole. Sure, they, among many other pro- hospitals, so that patients can con- We believe that it is important to grams and many other investments, tinue to receive the quality care that create an elite police or military force, are and can be good for the economy; they are used to in our health care de- one that is focused to utilize the re- but they are going to violate, waive livery system. sources of intelligence and the law en- their own rules, and say: we are not So happy National Nurses Week, and forcement resources that are being going to pay for it, we are just going to thank you to my wife Shannon and to sent to Nigeria by the United States. magically fund it, and don’t worry the nearly 3 million other registered That deployed elite military and/or po- about the new debt and deficit. nurses for all that you do for the lice force—special ops, if you would— Now, the Senate has passed a dif- health and wellness of our country. would have the sole purpose of getting ferent version. They have 62 provisions A special thanks to my wife, Shan- those kidnapped girls. in their bill, which include energy effi- non. I love you. The reason why this is so very impor- ciency, saving consumers money, new tant is because Nigeria has porous bor- f R&D for solar and wind, alternate ders. There is speculation that these fuels, among many, many other things FIND THE KIDNAPPED GIRLS AND girls may be in Cameroon, may be in that they put in there, that they think STOP THE KILLING IN NIGERIA Chad, may be in Niger, Benin, all also have merit to help consumers, The SPEAKER pro tempore. The places that will make it even more dif- help boost the American economy. Chair recognizes the gentlewoman from ficult to find these innocent children The Republicans over here say: no, Texas (Ms. JACKSON LEE) for 5 minutes. who simply came to school to be able those other 61 are off the table, unless Ms. JACKSON LEE. Mr. Speaker, to take an exam, so that they could do you kill or cut some other program. We among other challenges in this world better in life. can’t afford them.

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H3946 CONGRESSIONAL RECORD — HOUSE May 8, 2014 Then there is another issue that also b 1030 whether it is Web design, whether it is comes to the floor. We had, this week, NATIONAL CHARTER SCHOOLS welding, architecture, technology field testimony from the Congressional WEEK after technology field, not thought of Budget Office. The highway trust fund theoretically, Mr. Speaker, but goes flat this summer. That means the The SPEAKER pro tempore. The thought of from how can you graduate Federal Government, beginning this Chair recognizes the gentleman from from high school and begin to provide summer, will make no new commit- Georgia (Mr. WOODALL) for 5 minutes. for yourself and your family. That is ments to the States for repairing the Mr. WOODALL. Mr. Speaker, so often not available in the normal public 140,000 bridges on the national system folks will use this time in the morning schools, but it is available at the Max- that need repair or replacement, re- to draw attention to failures or to divi- well High School of Technology. And pairing or replacing the 40 percent of sions, but I want to use this time to again, any student in Gwinnett County the national highway system that is in draw attention to successes. is welcome to come and be there. very sad repair, the $60 billion backlog This is National Charter Schools Mr. Speaker, we still live in a land in our transit. Week, among other things, Mr. Speak- where there is more that unites us than er, and I happen to have two charter Nope, we can’t afford a penny of that. divides us. We still live in a land that schools in my district. I represent only brings people together rather than In fact, the Ryan budget says we are two counties, Mr. Speaker, Gwinnett tears people apart, and the charter going to abandon—abandon—Federal County and Forsyth County, in the school debate should be that debate. It investment in the national transpor- great State of Georgia. Both have out- should be the debate not that pits pub- tation system, and we are going to de- standing public school systems. lic schools against private schools; it volve it to the States. The States will And so often when we start talking should be the debate that brings us to- fund, pay for, and somehow coordinate about charter schools, Mr. Speaker, we gether around making sure that every a national transportation system be- talk about an either/or, as if somehow young person in this land, every family cause we simply can’t afford it. charter schools and public schools are in this land who has a dream of what Well, oddly enough, the shortfall in in competition with one another, but they want to do with their life, that we the trust fund is $16 billion a year. that is not the story that I tell from have the public schools in this land That is the exact cost of the R&D tax the great State of Georgia. In fact, that can help them fulfill that dream. credits. Gwinnett County, one of my two coun- Mr. Speaker, we are doing that suc- Why can’t they wave their magic ties, won the Broad Prize in 2010 for the cessfully in the Seventh District of wand and say, well, hey, a million di- absolute finest urban education school Georgia, and I look forward to joining rect jobs and a couple million more in- district in the Nation. Interestingly, my colleagues in this Chamber to make direct jobs in transportation, not only they are now reeligible to win that sure we can do that successfully in in construction, but in design, engi- prize again this year after a 3-year every single congressional district in neering, in manufacturing and re- waiting period. They are in the final this land. search, we don’t want to lose those? two. Just amazing stories of young f We are not talking about maybe people and their successes. And they CELEBRATING THE ACHIEVE- keeping or getting a few jobs. We are come through, among other things, two MENTS OF JOHN HOUBOLT talking about losing well over a mil- charter schools in my district. The SPEAKER pro tempore. The lion direct jobs and a couple more mil- We have the Gwinnett School of Chair recognizes the gentleman from lion indirect jobs in the area of trans- Mathematics, Science, and Tech- nology, GSMST, Mr. Speaker. They Illinois (Mr. FOSTER) for 5 minutes. portation, but their magic wand Mr. FOSTER. Mr. Speaker, I rise don’t have a football team. They have doesn’t work for transportation. today to honor John Houbolt, a native a robotics team, and an outstanding ro- Now, there could be a lot of cynical of Joliet, Illinois. He was one of the botics team at that. If you want a fu- reasons for why they are just pushing great unsung heroes of the Apollo pro- ture in the STEM fields, you can find this one R&D proposal. It probably gram. doesn’t have anything to do with cam- no better education in the United Politicians are fond of citing Presi- paign contributions or powerful inter- States of America than the Gwinnett dent Kennedy’s famous speech made in ests that are out there. I am sure it School of Mathematics, Science, and this room at a joint session of Congress doesn’t. Technology, and it is free if you just more than 50 years ago to ‘‘commit happen to live in Gwinnett County. A One has got to wonder: Why is trans- this Nation, before this decade is out, wonderful story of success through the portation—national transportation— to landing a man on the Moon and re- charter school program. Absolutely old hat and unaffordable, but R&D, turning him safely to the Earth.’’ Poli- any student in the county is eligible. somehow wave the magic wand, and we ticians like to imagine that anything In fact, it takes a lottery to get in, Mr. can afford it? is possible if the right politician and Speaker, because so many young peo- speechwriter can muster just the right Now, I was conflicted at coming here ple, so many families want their chil- this morning because, at the same words to stir a country to action, but dren to be able to avail themselves of engineers know differently. If you do time, one of the greatest advocates this charter school program. that this body has ever had for na- not have a workable engineering con- The Washington Post called it the cept and a set of design parameters tional transportation, James L. Ober- 17th most challenging high school in star, died suddenly the other night. that respect both available resource the land. U.S. News & World Report limitations and engineering reality, I thought Jim would—rather than called it the third best high school in then no amount of fine words from having me go up to his memorial serv- the land. I, of course, believe it is the politicians is going to make any dif- ice today, he would rather have me number one best high school in the ference. Dr. John Houbolt provided come to the floor and advocate for land, but an amazing testimony of that crucial engineering concept that something he believed in and knew was what you can do when you free an in- made the 10-year success of the Apollo essential for the future of this country, stitution, when you free the teachers, program possible. which is adequate investment in our when you free the students to be the John Houbolt came from humble be- system, a coordinated national system very best they can be. ginnings, working 16 hours a day on his of transportation and infrastructure, Now, right next door, Mr. Speaker, to family’s dairy farm near Joliet, Illi- an energy-efficient, 21st century sys- GSMST, the Gwinnett School of Math- nois, where he developed an early in- tem, and a repair to our 20th century ematics, Science, and Technology, we terest in aviation, building model air- system. have the Maxwell High School of Tech- ports in his free time. He graduated That is what we need. No more of nology. Now, the Maxwell School aims from Joliet Township High School and these political shenanigans on the Re- to take folks, these young people who Joliet Junior College. He obtained a publican side. Let’s get serious about are trying to find their way in life, and bachelor’s and master’s degree from real investments and putting America prepare them for a job tomorrow—pro- the University of Illinois in civil engi- bact to work. gram after program, Mr. Speaker, neering. He then went on to obtain a

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — HOUSE H3947 Ph.D. and serve as an engineer at hibit dedicated to Dr. Houbolt and to Timmy Bermudez, 19, shot while NASA’s Langley Research Center. His his family, titled, ‘‘The Soaring driving in an ambush on Easter Sun- contributions to the U.S. space race in Achievements of John C. Houbolt.’’ day. the 1960s were vital to NASA’s success- They have now declared July 20, 2014, Quinton Jackson, 22, shot in a build- ful Moon landing. the 45th anniversary of the Moon land- ing hallway. He is best known for his advocacy of ing, as Houbolt Family Day at the mu- Darius Kelly, 22, shot in a drive-by. lunar orbit rendezvous, the crucial mis- seum. The museum will be open free to Demario Collins, 19, shot while sit- sion design decision that proved essen- the public each July 20 to encourage ting in a car. tial to carry the Apollo crew safely to families to learn about Joliet’s local Martavarian Emery, 21, shot from the Moon and back in 1969. Dr. Houbolt, contribution to one of humankind’s outside while standing in a kitchen. Jaquez Williams, 17, shot on a side- along with several of his colleagues at greatest scientific achievements. walk. Langley, became convinced that this Dr. Houbolt retired after a distin- Cindy Bahena, 21, shot while riding relatively obscure technique was the guished career in 1985. He and his fam- ily remained noted philanthropists and in the backseat of a car. only feasible way to land on the Moon And then there is Endia Martin, a 14- by the end of the decade. supporters of the community of Joliet, touching countless individuals with year-old girl who was shot and killed Initially, NASA rejected Dr. last week by another 14-year-old girl in Houbolt’s plan for being too com- their generosity. Dr. Houbolt passed away on April 15, a dispute over a boy. plicated and risky, but like the world’s Endia, a high school freshman and an greatest innovators, Dr. Houbolt didn’t 2014, at the age of 95. His life is an ex- ample of the impact that a determined, honor student, and the 14-year-old sus- let initial failure stop him. Despite op- pect, an honor student, friends since el- position from NASA and from leading intelligent, and passionate individual can have. I rise today to remember Dr. ementary school, had been feuding on rocket scientists at the time, Dr. Houbolt for his outstanding contribu- Facebook. After school last week, the Houbolt tenaciously advocated for tions to American science and engi- teen suspect confronted Endia with a lunar orbit rendezvous. gun. That gun, a .38 caliber revolver, To convince the decisionmakers at neering. In a society where we seem to cele- went from a local gun shop popular NASA to consider his plan, Dr. Houbolt brate mainly the accomplishments of with straw purchasers to a man who re- took the bold step of writing a letter our heroes in sports and entertain- sold the gun illegally and falsely re- directly to the associate administrator ment, as well as those who ride our ported it as stolen. From there, it of NASA—at the time a clear breach of rockets off into space, it is important made its way to a 25-year-old man who protocol. ‘‘Do we want to go to the also to celebrate the heroes of science gave the gun to his niece, the 14-year- Moon or not?’’ asked Dr. Houbolt. Be- and engineering who make the modern old suspect. cause of his tenacity, NASA gave his world possible. The girl, standing in a crowd of on- idea another chance and eventually ap- lookers and instigators, drew the gun f proved it. from her waistband and pulled the trig- Now, John Houbolt won that argu- CHICAGO’S GUN VIOLENCE ger. The gun actually malfunctioned. ment, despite having had all the polit- The SPEAKER pro tempore. The She handed it to someone in the crowd ical winds blowing against him, be- Chair recognizes the gentlewoman from who fixed it and handed it back to her cause he had fundamental engineering Illinois (Ms. KELLY) for 5 minutes. before she fired again, hitting Endia in reality on his side. It was simply not Ms. KELLY of Illinois. Mr. Speaker, the back and another teen in the arm. possible, with the engines and boosters April was a particularly violent month This shooting painfully underscores that could plausibly be developed in in the city of Chicago. Thirty-two peo- the need for commonsense gun reforms, the 1960s, to launch a payload that ple were shot and killed in the city, 19 like cracking down on straw pur- would allow a manned rocket to land in of them under the age of 25. chasers and better tracking gun sales its entirety on the Moon, including all You have heard me talk before about to curtail illegal trafficking. There of the fuel necessary to return to the the epidemic of gun violence, about were many opportunities along the Earth. But, as John Houbolt pointed how urban violence in cities like Chi- journey of that .38 caliber revolver to out, if you left the fuel for the return cago is robbing us of a generation. But save Endia’s life. trip in lunar orbit and rendezvoused nothing illustrates how our gun vio- The shooting also spotlights the need with the command module after mak- lence permeates everyday life in Chi- for better social supports, greater ac- ing the lunar landing, then a single cago more than the stories of the countability within our families and Saturn booster, already under design deaths of those 19 young people. communities, and increased responsi- at the Marshall Space Flight Center, They, like scores of teens and young bility for the welfare of our children. could do the job. adults across the city, were stalked by Losing a bright light like Endia is a NASA Administrator George Low gun violence. It followed them home tragedy, but so is the baby-faced ac- later said of this pivotal moment: from school, creeping up on their cused killer sitting in juvenile lockup It is my strongly held opinion that without porches or tapping on their car win- right now, the product of a community the lunar rendezvous mode, Apollo would not dows; and, in an instant, an everyday of accomplices who encouraged one have succeeded; and without John Houbolt’s activity became an unspeakable trag- child to kill another. As a society, we letter, we might not have chosen the lunar edy. failed both girls. We have failed to pro- orbit rendezvous mode. Jordan Harris, 24, was shot during a vide Endia with a safe community she The lunar rendezvous mode has been house party. deserved, and we failed to teach her described by space historians as Michael Flournoy, 17, was shot in killer to value her own life, much less ‘‘Langley’s most important contribu- front of a neighborhood church. anyone else’s. tion to the Apollo program’’ and is Adrian Soto, 17, shot on a sidewalk. Preventing senseless killings like Gakirah Barnes, 17, shot in the widely credited for allowing the United this requires a combination of legisla- street. States to accomplish the goal Presi- Andres Cervantes, 22, shot while sit- tive initiatives and community action. dent John F. Kennedy set out in 1961, ting in a car. We in Congress must do our part to to land a man on the Moon by the end Joshua Martinez, 20, shot on a front stop the bloodshed by passing common- of the decade. porch. sense gun legislation. We must also do Dr. Houbolt received numerous Keno Glass, 16, shot in a drive-by more to support programs on the awards for his work, including NASA’s shooting while on spring break. ground that provide our young people Medal for Exceptional Scientific Trevolus Pickett, 20, shot in a gang- with alternatives to violence. It is a Achievement. He was elected to the way. moral imperative we can no longer ig- National Academy of Engineering and Nicholas Ramirez, 19, chased and nore. was the first recipient of Joliet Junior shot while he was driving. Before I go, I would like to pay trib- College’s Distinguished Alumni Award. Anthony Bankhead, 18, and Jordan ute to Leonore Draper, a beloved and Additionally, the Joliet Historical Means, 16, shot in an apartment during dedicated gun violence prevention ad- Museum is home to a permanent ex- an argument. vocate in Chicago who herself was

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H3948 CONGRESSIONAL RECORD — HOUSE May 8, 2014 killed last week in a possible drive-by whether or not they should even enroll the benefits to the economy as a whole shooting. Leonore was headed home in college or to consider dropping out for allowing students to refinance their from an antiviolence charity fundraiser because of the pure shock factor of loans. The nonpartisan Congressional she helped organize when she was shot these looming college loans. Research Service produced an analysis and killed. What a horrible irony. A young woman from Boxford, Mas- of our bill indicating that certain bor- Leonore devoted her life to ending sachusetts, wrote recently. She said to rowers could save thousands of dollars. the violence on Chicago’s streets. Her me: This is a savings that no doubt would killing rattled the city and her fellow I pay more than the minimum balance be invested back into the economy. antiviolence advocates who are deter- every month. I sacrifice daily for my loans. Last year, the Center for American mined to continue to work to stop the I live at home and have a 50-minute com- Progress estimated that the refi- shootings that claimed her and young mute to work every day because I cannot af- nancing of just Federal student loans Endia. Both Leonore and Endia were ford to live on my own or even with room- would have pumped $21 billion into the mates. I cannot have the dreams that I have buried on Monday. Please do not let dreamed all my life. I am 23, and I am al- economy. their deaths be in vain. ready telling myself that I can’t own a Mr. Speaker, our bill will benefit mil- To my colleagues, it is past time that house, that I will probably never have chil- lions of students and their families, we took action. dren because I can’t afford to bring them and it will boost our economy. It de- into the world and take care of them when I f serves the immediate action of this can’t even afford to live myself. That is what House. COMMEMORATING GROUNDBREAK- I live with every day, the anger, the depres- f ING FOR APSAALOOKE WAR- sion, and the disbelief that I am forever RIORS APARTMENT COMPLEX stuck. MESSAGE FROM THE SENATE Parents are calling and writing me The SPEAKER pro tempore. The A message from the Senate by Ms. about the anxiety and concern they Chair recognizes the gentleman from Curtis, one of its clerks, announced have about the debt their sons and Montana (Mr. DAINES) for 5 minutes. that the Senate has passed without daughters have accumulated. Some Mr. DAINES. Mr. Speaker, today the amendment a bill of the House of the parents have even delayed their retire- Crow tribe will break ground on the following title: ment or made early withdrawals from Apsaalooke Warriors Apartment Com- H.R. 3627. An act to require the Attorney their 401(k) just to help their children’s plex, a 15-room complex that will serve Gerneral to report on State law penalties for student debt problem. the homeless veterans of the Crow Res- certain child abusers, and for other purposes. A mother from Middleton, Massachu- ervation. f setts, wrote to me and said: The Crow Reservation is home to I have two children with multiple student RECESS more than 400 veterans, and far too loans. It is difficult enough to graduate, find The SPEAKER pro tempore. Pursu- many are without a home to call their a job in the field they desire and to pay ant to clause 12(a) of rule I, the Chair own. Unfortunately, this struggle goes loans, rent, and bills, et cetera. Please do all declares the House in recess until noon largely unseen. As Crow Vice Chairman that you can to make sure rates are not in- today. Dana Wilson has said: creased. My children may never afford to buy Accordingly (at 10 o’clock and 48 Homelessness is invisible because the Crow a house and live the American Dream be- cause of college student loan debt. minutes a.m.), the House stood in re- always take care of each other. It is not un- cess. common to see 10 to 20 people living in a Mr. Speaker, these are just two ex- home. amples in my district. There are mil- f I am grateful to see the Crow Tribe’s lions of others just like them through- b 1200 out this country. commitment to addressing this prob- AFTER RECESS lem and giving our warriors a home of Outstanding student loans now total their own. more than $1.2 trillion, surpassing The recess having expired, the House I also want to thank Vice Secretary total credit card debt. An estimated 71 was called to order by the Speaker at Shawn Backbone, Vice Chairman Dana percent of college seniors had debt in noon. Wilson, Secretary AJ Not Afraid, and 2012, with an average outstanding debt f the director of Crow Veterans Affairs, of $29,400 for those who borrowed to get PRAYER Paul Little Light, for their efforts to a bachelor’s degree. Lieutenant Commander Stephen make this project a reality and to Last year, Congress sought to address Coates, Chaplain, United States Navy, serve Crow veterans. Your work is the issue of student loan rates, but I Office of the Chaplain of the Marine deeply appreciated. and several others believed that final bill didn’t go far enough. One of the de- Corps, Greenville, Illinois, offered the f ficiencies was that it only applied to following prayer: b 1045 new student debt. It did nothing for the Sovereign Lord, the sound of this corporate prayer is as nothing com- STUDENT LOAN REFINANCING nearly 40 million Americans with exist- ing student debts. pared to the clarion call of Your divine The SPEAKER pro tempore. The Our bill simply rights this wrong and voice—rolling thunders of justice, re- Chair recognizes the gentleman from simply gives students the opportunity sounding echoes of mercy, redemptive Massachusetts (Mr. TIERNEY) for 5 min- to refinance their loan debt at the whispers of grace, calm assurances of utes. same low rate being offered to new bor- comfort, promising songs of hope. Mr. TIERNEY. Mr. Speaker, I rise in rowers in the student loan program. Like Your clear voice, may all words support of legislation that I filed in the Homeowners and businesses are often spoken in this Chamber today accu- House this week and Senator ELIZA- able to refinance their debts. Shouldn’t rately reflect the fidelity of honest BETH WARREN filed in the Senate. It student borrowers be able to do the conversations between Members, the would enable tens of millions of stu- same? We certainly think so. brutal wonder of free exchange amid dents, parents, and families to respon- Our legislation is also deficit-neutral volitional minds, the compassion of sibly refinance their student loans. and paid for by implementing the so- sincere interactions with constituents More and more, constituents are call- called Buffett rule, which holds mil- known by name and place, the ing, they are emailing, and even ap- lionaires and billionaires accountable hallowedness of solitary, bended-knee proaching me on the street to share to pay their fair share in taxes. utterances known only to You, and the their stories of how they are buried in Student loan debt is a crisis all sacred thoughtfulness incumbent upon student loan debt. This debt is not only throughout our country. It is making a persons of privilege vested with the re- causing them to put on hold life deci- generation of Americans feel like they sponsibility to weigh the consequences sions, such as moving out of their par- are ‘‘forever stuck,’’ in the words of my of matters temporal in light of the ents’ house or buying a car or pur- constituent. gravity of matters eternal. chasing a home and getting married, But if the moral imperative isn’t May the same purity of passion that but it is also leading some to question enough to act, we should be mindful of stirred these willing servants to seek

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — HOUSE H3949 positions of public protection and pro- efforts to foster safer neighborhoods The administration’s obstruction and vision empower them this day to honor and communities that produce more dishonesty are unacceptable and war- You in serving all. Martins and less assailants. Our chil- rant a new level of investigation. Cre- Amen. dren should be able to grow up enjoy- ating a select committee to investigate f ing childhood, not fearing for their this tragedy is long overdue, and with lives. a former Federal prosecutor such as THE JOURNAL In Martin’s front yard there now TREY GOWDY at the helm, it gives me The SPEAKER. The Chair has exam- reads a sign, ‘‘A Real Hero Lived, great hope that Americans and the ined the Journal of the last day’s pro- Fought, and Died Here.’’ families of the victims will hear the ceedings and announces to the House Martin may no longer be with us, but truth and see accountability. They his approval thereof. I hope and pray his strength, his cour- want, need, and deserve no less. Pursuant to clause 1, rule I, the Jour- age, and his spirit endure in each and f every one of us. nal stands approved. EXTEND UNEMPLOYMENT f f INSURANCE PLEDGE OF ALLEGIANCE STUDENT ACHIEVEMENT IN (Mr. CARTWRIGHT asked and was BUFFALO given permission to address the House The SPEAKER. Will the gentleman for 1 minute.) from Pennsylvania (Mr. CARTWRIGHT) (Mr. HIGGINS asked and was given Mr. CARTWRIGHT. Mr. Speaker, I come forward and lead the House in the permission to address the House for 1 rise because today in the House we will Pledge of Allegiance. minute.) bring up a vote on approximately $310 Mr. CARTWRIGHT led the Pledge of Mr. HIGGINS. Mr. Speaker, I rise to billion of permanent tax credit extend- Allegiance as follows: congratulate three highly impressive ers, including the very popular re- I pledge allegiance to the Flag of the students from City Honors High School in Buffalo, New York. Seamus Degan, search and experimentation credit, a United States of America, and to the Repub- bipartisan-supported tax extender, but lic for which it stands, one nation under God, Rex Herzberg, and Hakeem Salem indivisible, with liberty and justice for all. made western New York proud by being this is something that is being brought up without a pay-for at a time when f selected to participate in the Congres- sional Science Student Forum, which the United States of America now has ANNOUNCEMENT BY THE SPEAKER was hosted yesterday on Capitol Hill. 2.6 million citizens who have lost their long-term unemployment benefits. The SPEAKER. The Chair will enter- In recent months, these students In my State of Pennsylvania alone, tain up to 15 requests for 1-minute have worked hand-in-hand with local we have 125,000 families who lost that speeches on each side of the aisle. researchers at esteemed medical insti- tutions in western New York, including lifeline because, Mr. Speaker, you f Roswell Park Cancer Institute, to re- refuse to bring this up for a vote be- HONORING THE LIFE OF MARTIN search cutting-edge medical issues, cause it doesn’t have a pay-for. COBB form hypotheses, and conduct hands-on Fair is fair, Mr. Speaker. We support experiments. many of these extenders, but we can’t (Mr. CANTOR asked and was given leave these American families out in permission to address the House for 1 Mr. Speaker, when students start learning and experimenting with the cold like this. minute and to revise and extend his re- f marks.) science, technology, engineering, and Mr. CANTOR. Mr. Speaker, today, I math as young adults, they are cre- RECOGNIZING NATIONAL FOSTER rise to honor the life of Martin Cobb, ating a lifelong commitment to learn- CARE MONTH an 8-year-old boy from Richmond, Vir- ing and dedication to making a dif- (Ms. ROS-LEHTINEN asked and was ginia, who was taken from us way too ference in the future. It is why it is so given permission to address the House soon. He was killed in a heinous act critical that Congress provide adequate for 1 minute and to revise and extend while trying to protect his 12-year-old funding to STEM education programs her remarks.) sister from a violent attacker. in our schools nationwide. Ms. ROS-LEHTINEN. Mr. Speaker, as From the very beginning, Martin was I commend these students for their we continue to celebrate National Fos- a fighter against all odds, surviving achievement and look forward to hear- ter Care Month, I would like to recog- open heart surgery at 3 months old, ing more from these promising nize the dedicated foster families, so- when the doctors did not believe he was innovators in the years to come. cial workers, and service providers for going to make it. f their work to support the nearly 400,000 Martin was a student at Elizabeth youth who are part of our country’s SELECT COMMITTEE ON BENGHAZI Redd Elementary School and he en- foster care system. joyed the kind of things that most kids (Mr. SAM JOHNSON of Texas asked Our Kids of Miami-Dade/Monroe, Fos- grow fond of: playing with toy cars and and was given permission to address ter Care Review, and CHARLEE of riding his bike around the neighbor- the House for 1 minute and to revise Dade County are just a few of the many hood. and extend his remarks.) organizations that work each and Martin didn’t have a father at home, Mr. SAM JOHNSON of Texas. Mr. every day in our south Florida commu- and so his mother referred to him as Speaker, for nearly 2 years, House com- nity to find a stable home with a de- the ‘‘man of the house.’’ As a loving mittees have been investigating the voted and loving family for our youth. son and brother, relatives say he had terrorist attack in Benghazi that killed While May has been designated as the ‘‘heart of a lion.’’ four brave Americans. These commit- National Foster Care Month, the work We will always remember him as a tees have done good work. However, to ensure that every child has a safe true family man, someone who loved many questions remain unanswered as and permanent family does not stop his sister so much that he gave his life the White House continues to stone- when the calendar turns. In fact, before to protect her. In the face of grave dan- wall our efforts by withholding infor- the end of this year, Mr. Speaker, at ger, his only thought, his only instinct, mation. least 23,000 of these vulnerable mem- was to help his sister. National Review editors recently bers of our society will age out of the At 8 years old, he may have been summed it up best: foster care system. Research has shown small in stature—some say he looked The White House misled the American pub- that these young individuals are at a no older than 4 or 5—but in his last mo- lic about a critical matter of national inter- heightened risk of poverty, homeless- ments, Martin showed he was a bigger est, and it continues to practice deceit as the ness, incarceration, and early parent- man than most men ever dream to be. facts of the case are sorted out. hood. We honor Martin by remembering his That, to answer Hillary Clinton’s cal- I encourage my congressional col- incredible bravery. But let us also com- lous question: leagues and every person across our mit to honoring him by redoubling our What difference does it make? Nation to work together so that we can

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H3950 CONGRESSIONAL RECORD — HOUSE May 8, 2014 change these tragic facts and figures put politics aside, and help Congress TEACHER APPRECIATION WEEK for the betterment of our youth and provide citizens and the groups who are (Mrs. BUSTOS asked and was given the improvement of our society. unfairly targeted with the answers permission to address the House for 1 f they deserve. minute.) In conclusion, God bless our troops FREE THE NIGERIAN GIRLS Mrs. BUSTOS. Mr. Speaker, I rise and we will never forget September the today to congratulate Stew Adams, (Ms. JACKSON LEE asked and was 11th in the global war on terrorism. who has been recognized by the Illinois given permission to address the House Education Association as its 2014 Re- for 1 minute and to revise and extend f tired Teacher of the Year. her remarks.) I am proud to say that Stew is a con- Ms. JACKSON LEE. Mr. Speaker, I b 1215 stituent of mine and has spent years think we all understand and believe teaching special education in the Rock that our children are our most precious RESPONDING TO THE Island/Milan School District. resource. KIDNAPPINGS IN NIGERIA In addition to his teaching duties, Over the last couple of weeks, hearts (Mrs. CAROLYN B. MALONEY of Stew was a tutor and a mentor to and minds of many around the world New York asked and was given permis- many young students in the Rock Is- have been captured by a heinous thug sion to address the House for 1 minute.) land School District. He also contrib- by the name of Abubakar Shekau, the Mrs. CAROLYN B. MALONEY of New uted to the Rock Island Safe Schools leader of the Boko Haram, who has York. Mr. Speaker, the whole world is program and has been an adviser to the been a vile, disgraceful, violent, and watching Nigeria, and the whole world Illinois State Board of Higher Edu- uncaring terrorist thug. is outraged at the recent kidnappings cation and Special Education and Yet we do not know where these girls of over 200 girls from a Nigerian school. founder of the Western Illinois Retired are. Make no mistake, this is human traf- Educators. As women of the United States Con- ficking. They say they are selling them In addition to thanking Stew for his gress, yesterday, myself, BARBARA LEE, into marriage. They are selling them service to our community, I also want MARCIA FUDGE, KAREN BASS, and JAN- into sex slavery, rape, and human to take this opportunity to thank the ICE HAHN went to the Nigerian Em- bondage. teachers that I have had and have bassy to stand and reject the $12 that As cochair of the Congressional Cau- taught so many of our youngsters Shekau wants to sell these girls for. cus on Human Trafficking, I hope the across our country during Teacher Ap- We ask that we have a concerted ef- world will respond to this horrendous preciation Week. Their hard work and fort on this. We should also establish a human tragedy with the same sense of dedication to our children is both awe- victims’ fund. urgency and compassion and the same inspiring and invaluable. In the meeting, as we spoke to those Our communities simply could not from Nigeria, we asked President Jona- level of assistance that was offered in the search for the missing Malaysian function without our educators, and I than to stand up to say they will find want to thank them. these girls and they will bring this ter- aircraft. f rorist to justice. We ask that today be- The U.S. Africa Command, Depart- cause no one knows where these girls ments of Justice and State, and the COMMEMORATING MAY AS LET might be. FBI are offering assistance to the Nige- FREEDOM RACE MONTH rian Government; and we, as a Con- I close by calling two names: Aisha (Mr. HUDSON asked and was given gress, should support sanctions against Ezekial and Nguba Buba. I will be call- permission to address the House for 1 Boko Haram. ing these girls’ names throughout this minute and to revise and extend his re- Decisive and swift action is needed to week to remind us they must be found marks.) bring these young girls home and to now. Mr. HUDSON. Mr. Speaker, I rise prevent future mass kidnappings. f today to commemorate May as Let Freedom Race month at Charlotte LERNER IN CONTEMPT OF f Motor Speedway, and thank the folks CONGRESS who have worked hard to honor our (Mr. WILSON of South Carolina THE CFPB RURAL DESIGNATION PETITION AND CORRECTION ACT brave men and women in uniform with asked and was given permission to ad- this outstanding celebration. dress the House for 1 minute and to re- (Ms. JENKINS asked and was given Speedway Motorsports and Charlotte vise and extend his remarks.) permission to address the House for 1 Motor Speedway are both in my home- Mr. WILSON of South Carolina. Mr. minute and to revise and extend her re- town of Concord, North Carolina. While Speaker, the American people have marks.) I am incredibly grateful for the impact known since April 23, 2012, over 2 years Ms. JENKINS. Mr. Speaker, I rise both have on our local economy, I am ago, by a letter of 63 Members of Con- today to voice my support for H.R. also appreciative of their continued gress to the IRS Commissioner, that 2672, the CFPB Rural Designation Peti- support for our Nation’s military, vet- the IRS has targeted political organi- tion and Correction Act. erans, and their families. zations which question the President. One of the most troubling aspects of This Memorial Day weekend marks Congress has the responsibility to the Dodd-Frank Act was its creation of the 55th Let Freedom Race celebration, the American people to determine the the Consumer Financial Protection Bu- and more than 100,000 fans will gather facts and prevent future threats to reau, which is a new bureaucracy with at the speedway to celebrate and honor American families. Sadly, the adminis- broad powers that is unaccountable to our military heroes. tration has refused to cooperate with Congress or the American people. This tradition will, once again, show- House Republicans to facilitate over- When I talk to financial institutions case America’s military strength, sight investigation. Instead of helping in Kansas, one of their main concerns while displaying our pride and appre- to restore the American people’s faith with this agency is that the CFPB will ciation for those we have lost, our vet- in impartial government, key IRS offi- fail to correctly classify rural banks erans, those who continue to serve, and cials remain silent. and, possibly, leave them open to over- our military families. Last night, the House voted to hold zealous regulation as a result. We are so fortunate to have heroes former IRS employee Lois Lerner in I am a proud cosponsor and supporter who stand committed to serving in our contempt because she refused to tell of this bill, which will allow these fi- Armed Forces. the truth before Congress. Congress nancial institutions a way to appeal Mr. Speaker, I commend the work also asked Attorney General Eric Hold- the CFPB’s decisionmaking process done by the racing community to er to appoint a special counsel to fur- and ensure that rural lenders and their honor our veterans, and I join them ther investigate this scandal. communities are not unintentional vic- and other North Carolinians to salute The administration should take this tims of poor decisionmaking by the our warfighters who paid the ultimate opportunity to restore accountability, CFPB. price to protect our freedom.

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — HOUSE H3951 NATIONAL TEACHERS WEEK SEEKING MAXIMUM been abducted by a terrorist organiza- (Mr. PERLMUTTER asked and was PARTISANSHIP tion known as Boko Haram. given permission to address the House (Mrs. DAVIS of California asked and As a father, I can’t imagine the an- for 1 minute.) was given permission to address the guish that these parents must be feel- Mr. PERLMUTTER. Mr. Speaker, House for 1 minute.) ing as they wonder about what hap- today, I stand in support of our Na- Mrs. DAVIS of California. Mr. Speak- pened to their young girls. tional Teachers Week. er, last night, Republicans and Demo- I stand in solidarity with the people As the husband of a teacher, the crats on our House Armed Services of Nigeria in this difficult time and brother of a teacher, and the lucky stu- Committee came together to pass a de- condemn the violence against innocent dent of great teachers in the Jefferson fense bill that all of us—I mean all of people committed by Boko Haram and County Public School system and the us—all of us on the committee could urge that all possible actions be taken University of Colorado, I hold this pro- support. That is something remark- and that President Jonathan finally do fession in very hard regard. able, considering what is on the House something about the terrorists and the Our Nation’s teachers work tirelessly floor this week. thugs that seem to be ruling the coun- to provide education, resources, and a Instead of debating the minimum try. bright future for all of American stu- wage, we are getting maximum par- Too often, women and young girls are dents. tisanship. Instead of creating a select tragically persecuted, victimized, or Colorado is blessed with a dedicated committee on job creation, we are vot- denied education opportunities and a community of teachers in both K–12 ing to create a select committee on voice, particularly in these countries, and higher education. Teachers provide Benghazi, shamefully playing politics based only on their gender. The vio- an invaluable service to our country, with a terrible tragedy. lence and discrimination has no place while earning salaries that do not re- The only person whose job the major- in our world today. flect the importance of their jobs. ity seems to care about is the former Today, I will be joining my fellow Every day, I hear about teachers Secretary of State’s. The national cli- colleagues and urging them to sign on striving to improve their schools and mate assessment released this week to House Resolution 573, to condemn outcomes for their students. America’s laid bare the consequences of climate this heinous abduction, and supporting students now face one of the most com- change, but sadly, instead of reducing all efforts to find these girls and bring petitive economies in our history. our carbon footprint, we get a climate them home. Strong teachers are the key to the of dysfunction and hot air. f successful education of our children, Enough is enough. House leadership HONORING THE 250TH ANNIVER- and those same children are key to a should follow the example of the House SARY OF EAST BERLIN, PENN- prosperous, healthy, and successful fu- Armed Services Committee. Put the SYLVANIA ture for our country and for the planet. partisanship aside and get to work on (Mr. PERRY asked and was given Thank you to all the teachers in my the things that really matter to the permission to address the House for 1 life, the Seventh Congressional Dis- American people. minute and to revise and extend his re- trict, and the State of Colorado. f marks.) Mr. PERRY. Mr. Speaker, I rise f WARREN COUNTY CAREER CENTER today to honor East Berlin, Pennsyl- (Mr. CHABOT asked and was given vania, on its 250th anniversary. The TEACHER APPRECIATION WEEK permission to address the House for 1 borough was founded on May 8, 1764, by (Mr. MESSER asked and was given minute.) John Frankenberger, a Prussian, who permission to address the House for 1 Mr. CHABOT. Mr. Speaker, career purchased 200 acres of land from Thom- minute and to revise and extend his re- and technical education is critical to as and Richard Penn. marks.) our economy. John laid out a town with 85 lots, one Mr. MESSER. Mr. Speaker, teachers I have a great program in my dis- main street, four cross streets, and five are remarkable people. These dedicated trict, the Warren County Career Cen- alleys. He named the town ‘‘Berlin’’ professionals work hard to ensure that ter, in Lebanon, Ohio. I have had the after his native town in Prussia. East our children have the skills necessary opportunity to tour the program a was added to the name in 1827, when to succeed and achieve the American number of times. They do a great job. the town post office was established. Dream. Two success stories—Karie Lacy and Today, East Berlin is a thriving com- They get up early and stay up late, Nick Cornett—both completed pro- munity of over 1,400 residents in Adams often sacrificing their own time and grams at the Warren County Career County. I am proud to congratulate money, so our children have a fair shot Center. Karie now owns her own salon East Berlin on this momentous day and at future success. and employs others; and Nick is work- wish the borough another successful They don’t do it for fame; though ing at a local robotics company, while 250 years. working towards a degree in electrical glory, they should receive. They don’t f do it for fortune; though riches, they engineering. do deserve. They do it because they There are others like Karie and Nick SOLVENCY OF THE HIGHWAY love their jobs and care about their across America who deserve access to TRUST FUND students. It would be difficult to over- programs that will prepare them for (Ms. KUSTER asked and was given estimate the importance of our Na- the workforce and lay the foundation permission to address the House for 1 tion’s teachers to our country’s for a successful career. minute and to revise and extend her re- strength and prosperity. As we work together to strengthen marks.) One of those teachers is my sister-in- our economy, we should support insti- Ms. KUSTER. Mr. Speaker, I rise law, Mandy Messer, who teaches ele- tutions like the Warren County Career today to express my continued con- mentary school at North Decatur Ele- Center. Programs like this, we should cerns about the highway trust fund, mentary. support all across America. which is projected to reach a critically A day should not pass that we don’t f low level in July, right in the middle of thank teachers for their service on be- the busy summer construction season. half of our children and our country. THE KIDNAPPINGS IN NIGERIA This funding is essential to projects Today, during Teacher Appreciation (Mr. VEASEY asked and was given in New Hampshire, and we simply can- Week, I say thank to you my former permission to address the House for 1 not let the highway trust fund run out teachers who played such an important minute.) of money. It would cost us jobs, jeop- role in my own life, and I express my Mr. VEASEY. Mr. Speaker, I rise ardize public safety, and hurt our econ- gratitude to all the teachers through- today to speak about the tragic and omy. out my congressional district who are shocking turn of events in Nigeria, That is why I am introducing a bill doing such wonderful work. where as many as 300 young girls have to ensure that the highway trust fund

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H3952 CONGRESSIONAL RECORD — HOUSE May 8, 2014 remains solvent for the remainder of In the 12 years that he has taught in country, the greatest country in this this fiscal year. This will provide cer- Great Neck, he has helped lead the world. 200,000 of them are veterans. The tainty to our States and businesses and school’s robotics team to the national loss of this benefit also means that our allow Congress time to pass a full 6- competition. He coaches lacrosse; he economy lost $5 billion in the first 3 year reauthorization of surface trans- builds sets for school plays; and four months of 2014. portation programs. times a year, Mr. Speaker, he brings Mr. Speaker, two-thirds of America’s My bill, the DRIVE Now Act, will do students to New York City to dis- people support the extension of unem- this, while increasing efficiencies in tribute food and supplies to the home- ployment benefits. The Democrats the government and reducing the def- less. He also lives the lessons he teach- have signed a discharge petition. icit. Congress must invest in infra- es inside the classroom in his life out- Please bring the extension to the floor. structure and pass a long-term reau- side the school. As a volunteer with the Remember, they are unemployed thorization of transportation pro- Great Neck Alert Fire Company, he through no fault of their own. That is grams. was one of the first to respond to the why they are entitled to these benefits. To ensure that the highway trust September 11 terrorist attacks. f fund doesn’t run dry this summer, I I am so proud of the contributions HONORING WORLD WAR II VET- urge the House to pass my common- that John has made to Great Neck, to ERAN AND FORMER POW, SER- sense legislation. my congressional district, to Long Is- GEANT GEORGE THURSBY f land, and to the Nation. I congratulate him. He is an example for teachers ev- (Mr. ROTHFUS asked and was given b 1230 erywhere. permission to address the House for 1 LIFE IS NOT ABOUT DISTANCE f minute and to revise and extend his re- marks.) (Mr. LANKFORD asked and was THE BOSS LIFT PROGRAM Mr. ROTHFUS. Mr. Speaker, I rise to given permission to address the House (Mr. THOMPSON of Pennsylvania honor Sergeant George Thursby. for 1 minute and to revise and extend asked and was given permission to ad- Sergeant Thursby, who I met last his remarks.) dress the House for 1 minute and to re- week, is a resident of New Florence, Mr. LANKFORD. Mr. Speaker, 1 year vise and extend his remarks.) Pennsylvania. He was a B–24 gunner in ago, our justice system gave us a new Mr. THOMPSON of Pennsylvania. the Army Air Forces during World War definition for life. Convicted murderer Mr. Speaker, today I rise to recognize a II. Kermit Gosnell, the abortionist who unique program organized through the Sergeant Thursby was forced to land for decades worked in Philadelphia, National Committee for Employer Sup- and was taken prisoner of war after his who personally killed hundreds of chil- port of the Guard and Reserve, or aircraft was hit while bombing Munich. dren in the womb, who personally kept ESGR, called ‘‘Boss Lift,’’ which is de- He attempted to escape but was ar- body parts in bags and bottles that signed to help businesses gain a better rested and returned to the POW camp. were scattered all around his clinic, he understanding of the responsibilities of Conditions were abysmal, and Sergeant was not tried for that. Those things our National Guard and Army Reserve. Thursby was skinny as a rail. He at- were all permitted. In my home State, the Pennsylvania tempted to escape again and reached One year ago this week that court National Guard is doing a tremendous American lines in France. clarified their definition of ‘‘life.’’ It job with the Boss Lift program by pro- When Sergeant Thursby returned wasn’t about conception. It wasn’t viding local employers with a new per- home, he had a long and productive ca- about age. It wasn’t about ability to spective on the sacrifices and the chal- reer working at U.S. Steel’s Homestead survive. It was about distance. ‘‘Life’’ lenges these soldiers and airmen face Works and retired in 1983. was defined by distance for them. and a firsthand look at the work being Last week, almost 70 years after his Kermit Gosnell had the audacity to performed by these citizen soldiers. successful escape, Sergeant Thursby fi- induce the labor of pregnant women This past weekend, I had the oppor- nally received his long overdue and and then take the child outside the tunity to visit Fort Indiantown Gap well-deserved recognition in a cere- womb, move them about 3 feet away, and the Pennsylvania National Guard mony at the Pentagon. He was awarded whether on his hands or set them on a and met with the incredible citizen sol- the Prisoner of War Medal. table, and cut their spinal cord, sitting diers who help make this program pos- Sergeant Thursby’s bravery, on the table, where they would die ei- sible, all while remaining ready to de- strength, and spirit serves as an inspi- ther on his hands or on the table. He fend our country. ration to all Americans. It is fitting moved them 3 feet. What tortured logic Mr. Speaker, I want to thank ESGR, that we honor him on Victory in Eu- is that to say it is not a child in the the Army Reserve, and the Pennsyl- rope Day. Let us all take time to thank womb, but it is a child if you move vania National Guard for their out- World War II veterans like Sergeant them 3 feet? reach efforts through the Boss Lift pro- Thursby today for their service and This is the United States of America. gram and helping to remind us all of sacrifice. Life is not about distance. Life is about the vital role our Reserve and Guard f children. Let’s choose life. components play in our national secu- FOSTER YOUTH MONTH f rity and local communities. f (Mr. LANGEVIN asked and was given LONG ISLAND’S TOP TEACHER permission to address the House for 1 (Mr. ISRAEL asked and was given UNEMPLOYMENT minute and to revise and extend his re- permission to address the House for 1 (Ms. HANABUSA asked and was marks.) minute.) given permission to address the House Mr. LANGEVIN. Mr. Speaker, I rise Mr. ISRAEL. Mr. Speaker, I rise for 1 minute.) today in honor of Foster Youth Month. today during Teacher Appreciation Ms. HANABUSA. Mr. Speaker, the Every child deserves a healthy, safe, Week to honor a top teacher in the failure of the majority to bring the ex- and stable home, yet too many con- Third Congressional District of New tension of unemployment insurance tinue to go without these basic needs York, John Motchkavitz, or ‘‘Motch’’ benefits up for a vote by December 28 that so many of us take for granted. as he is called by his students. of last year has left many without a This May, we recognize more than John is the head of the business tech- lifeline. Let’s review these figures. On 400,000 American children in foster care nology department at Great Neck December 28, 1.3 million were imme- who are waiting for their forever fam- South High School. He was named as a diately cut with no benefits; 1.9 million ily. top five finalist on Live! with Kelly and will be added by the end of the first 6 The theme of this year’s Foster Michael’s top teachers search contest, months of 2014. Month is ‘‘Building Blocks Toward Per- and he will appear on the morning Let’s look at it another way. It manent Families,’’ an issue that is show next week when the winner will means 72,000 every week. It also means near to my heart. My parents took in be announced. one person every eight seconds in this several foster children when I was

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — HOUSE H3953 growing up, and I was able to see first- tleman from Ohio, Speaker BOEHNER, is The SPEAKER pro tempore. Is there hand the difference that this made. telling struggling Americans that they objection to the request of the gen- And some of them are still in touch are out of luck and out of money. tleman from Texas? with my family today. This bill was passed in the Senate on There was no objection. To all those people across the coun- a bipartisan basis, 65–34, to move for- Mr. SESSIONS. Mr. Speaker, it has try who are taking in a foster child ward to help people who are unem- been nearly 20 months since terrorists today, I say thank you. I know you are ployed, and yet the Republican leader- attacked the American diplomatic mis- making a positive difference in that ship here still refuses to bring it up. It sion in Benghazi, Libya, killing four child’s life, and I encourage others to is also completely paid for. Still, the Americans, including then-U.S. Ambas- consider doing the same. Republicans insist that there is no sador to Libya J. Christopher Stevens. Foster children belong to all of us, longer an emergency and that unem- Since that time, the House Armed and we have a moral obligation to ployment numbers are dropping, but Services Committee, the Foreign Af- treat them with the same love and care the reality is just the opposite. fairs Committee, the Permanent Select that we would our own children. And I Long-term unemployment, defined as Committee on Intelligence, and the encourage all of my colleagues to join being out of work for 27 weeks or more, Committee on Oversight and Govern- me in recognizing May as Foster Youth has not been this high since World War ment Reform have all conducted inves- Month. II. And we know that anyone receiving tigations related to the events sur- f unemployment benefits, when they get rounding the attack and the adminis- their check, the money goes right back tration’s response. And I want to com- BOURBON WHISKEY into the economy. In fact, unemploy- mend each of these committees and (Mr. BARR asked and was given per- ment insurance generates $1.52 in eco- their chairmen and their members for mission to address the House for 1 nomic activity for every $1 spent. work that has been done that is exem- minute and to revise and extend his re- So why does the Republican leader- plary, that has aimed exactly on the marks.) ship simply not bring this up? Instead, questions that needed to be asked, and Mr. BARR. Mr. Speaker, I rise today they focus on issues like Benghazi or for those who have dedicated time and to mark the 50th anniversary of the setting up a select committee on effort to make sure that these impor- passage of S. Con. Res. 19, which offi- Benghazi. They should be focusing on tant issues are not only discussed but cially recognized bourbon as a distinc- job creation—creating jobs—and help- understood and resolved so that each of tive product of the United States of ing the unemployed. these committees, as they work with America. f their particular agencies in the Federal Specifically, the resolution provided PROVIDING FOR CONSIDERATION Government, come to a clear and a that bourbon whiskey is a distinctive OF H. RES. 567, ESTABLISHING clean understanding about what hap- product of the U.S. and is unlike other pened, what our responses might and types of alcoholic beverages, whether SELECT COMMITTEE ON THE EVENTS SURROUNDING THE 2012 should have been, and what they would foreign or domestic; that bourbon whis- be in the future. key has achieved recognition and ac- TERRORIST ATTACK IN BENGHAZI We are here today because this ad- ceptance throughout the world as a dis- ministration has chosen not to fully tinctive product of the United States; Mr. SESSIONS. Mr. Speaker, by di- participate, to block our efforts to and the resolution further prohibited rection of the Committee on Rules, I know the truth, and to provide the nec- the importation of whiskey designated call up House Resolution 575 and ask essary people in a forthright manner as ‘‘bourbon’’ to protect bourbon as a for its immediate consideration. who could be a part of answering these product distilled and aged in the The Clerk read the resolution, as fol- questions. This blockage has included a United States alone. lows: timed delivery that has not been time- Many great nations have a national H. RES. 575 ly but the time interval for requesting spirit. Bourbon certainly belongs in the Resolved, That upon the adoption of this information, for the redacting of infor- same class. As the report that accom- resolution it shall be in order without inter- mation that has not been properly vention of any point of order to consider in panied the resolution notes, the name done, and, perhaps most importantly, ‘‘bourbon’’ refers to the particular part the House the resolution (H. Res. 567) pro- viding for the Establishment of the Select for the remarks that have been made of the world this distinctive distilled Committee on the Events Surrounding the by the administration, including the spirit first arrived from, Bourbon 2012 Terrorist Attack in Benghazi. The reso- President of the United States, the County, Kentucky. The name is now lution shall be considered as read. The pre- former Secretary of State, the Sec- universally accepted as meaning Amer- vious question shall be considered as ordered retary of State, and other highly public ican whiskey, and over 90 percent of all on the resolution to its adoption without in- officials who serve at the pleasure of bourbon is distilled in my home State, tervening motion or demand for division of the American people who have tried to the Commonwealth of Kentucky. the question except one hour of debate equal- ly divided and controlled by the chair and thwart, who have tried to misdirect, Today, Kentucky’s bourbon industry and who have tried to—what I believe is enjoying an explosive growth due to ranking minority member of the Committee on Rules. is—badger Republicans into believing demand both here and abroad. I think that what they did was aboveboard and this renaissance is the result not only The SPEAKER pro tempore (Mr. MESSER). The gentleman from Texas is correct when, in fact, an evaluation of bourbon’s timeless production proc- and a proper lessons learned lesson ess and depth of flavor, but is also recognized for 1 hour. Mr. SESSIONS. Mr. Speaker, for the being available not only for them, for thanks to its status as a uniquely purpose of debate only, I yield the cus- the United States Congress, but also American spirit. accountability to the American Gov- This week we celebrate the 50th anni- tomary 30 minutes to the gentlewoman ernment. versary of Congress putting that con- from New York (Ms. SLAUGHTER), my friend, the ranking member of the cept into law, and we thank all of the b 1245 hardworking men and women in my Rules Committee, pending which I home State who make this uniquely yield myself such time as I may con- We are here specifically today be- American spirit such a great product. sume. During consideration of this res- cause in the last few weeks an outside olution, all time yielded is for the pur- group, Judicial Watch, through the f pose of debate only. Freedom of Information Act, obtained UNEMPLOYMENT INSURANCE GENERAL LEAVE information and received that informa- (Mr. PALLONE asked and was given Mr. SESSIONS. Mr. Speaker, I also tion through the judicial system of the permission to address the House for 1 ask unanimous consent that all Mem- United States whereby they received minute.) bers have 5 legislative days to revise emails that were not redacted, that Mr. PALLONE. Mr. Speaker, I ask and extend their remarks on House were not doctored or altered, and that the Republican leadership to bring up Resolution 575, which provides for a came to them and did not match up the bill that would extend critical un- closed rule for consideration of H. Res. with the information that had been employment insurance. So far, the gen- 567. provided to official committees of the

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H3954 CONGRESSIONAL RECORD — HOUSE May 8, 2014 United States House of Representatives to make sure that we understood that many of which continued to be heavily for official business. we would be taking the time of the redacted. The same day, the State De- At a time when an administration de- House of Representatives, that we partment complied under a Freedom of cides that they are going to take ad- would be taking, in essence, jurisdic- Information Act requested by Judicial vantage of the structure of the United tion and putting that to a select com- Watch. I believe that the timing of States House of Representatives under mittee, a select committee which these two productions is not a coinci- official business, then that means that would have the authority and the re- dence as to whether or not Congress it is time for the United States House sponsibility to ensure that the things would have received these documents of Representatives to then learn that which I have spoken of this morning absent Judicial Watch’s FOIA request. they are being duped, that they are were achieved. The two sets of documents are incred- being taken advantage of, and that our This is not political. This is public ibly similar, and, shockingly, some of open system was being used, I believe, policy at its most important level. It is the documents received by the com- in a political way. national security that is being dis- mittee are more redacted than those That is why we are here today, Mr. cussed not only today but discussed in received by Judicial Watch. Speaker. We are here today not for po- private among Members of Congress Well, I get that. That is because litical reasons but because the official with this administration to ensure that under FOIA, the Freedom of Informa- business of the United States House of the events that occurred on that day tion Act, there is a criminal statute at- Representatives, article I, is to make were well understood and reflective to tached to that which those lawyers sure that we understand and have over- the Members of Congress who provide preparing these documents knew they sight over those that are in article II money, resources, and oversight relat- could be criminally held liable. and work with people who are in arti- ing to those events. Mr. Speaker, the bottom line of this cle III. Unfortunately, it became apparent to is this administration has not re- We work together in a careful bal- me and others, including the Speaker spected the United States Congress, did ance to make sure that what we do is of the House of Representatives, the not respect the committees that were in the best interest of the people—the Honorable JOHN BOEHNER, that these asking for this information, and there, American people, who need to have committees are struggling with an un- too, made sure that they made their faith and confidence in the work that wanted partner: the administration. job even more difficult. These road- is done on their behalf—but also be ac- And this administration, by refusing to blocks, I believe, serve as two impor- countable to the American people when completely comply with congressional tant points for us to remember: that great things happen and when mistakes subpoenas, by delaying the delivery of the Speaker of the House of Represent- happen also. important documents, by heavily re- atives did not choose to be where we To sweep something under the rug, to dacting critical information—not sen- are today but, rather, it was this ad- try and move people in another direc- sitive or information that might be ministration through its deliberate at- tion and try and fool them, to not be considered national security—and by tempt to place us exactly where we are. forthright about the actions that were retroactively classifying previously un- So, first, the committee will have taken or understood, I believe is a dere- classified files, the Obama administra- questions that it has to ask, and they liction of duty. Most importantly, I tion has thrown roadblocks at every are going to this administration to think that what the investigation up turn of the road. make sure that we have complete docu- to now has revealed is a lack of desire The most recent example of this was mentation. Every Member of this se- by this administration to fess up to the deliberate subversion of the inves- lect committee will have the oppor- what I believe might be failures or tigation which occurred on April 17, tunity—and should have on a bipar- weaknesses in a system that we need to less than a month ago. This is why the tisan basis—to see the documents. The work on together. Speaker of the House of Representa- select committee will consolidate itself Four Americans’ lives were not only tives, JOHN BOEHNER, who has been into a centralized location in order to at stake, but the reputation of the very deliberative and most involved make sure that they work together. We United States of America was on the but careful to let each committee oper- are going to streamline congressional line. Terrible things happened. Worse ate to the level of its jurisdiction, to efforts when we find out the things things could have happened, also. And make sure that each committee had which we could have and should have for the United States Congress to have not just the resources but the ability known but know now to avoid in the oversight to work on these issues is, I to make sure that they were on a proc- future. believe, an important national security ess for the delivery of the things which And lastly, we are going to come objective. I have talked about, up to and includ- with an answer to the American people We are here today because President ing the truth, Mr. Speaker, the truth that we believe is what they are due, Barack Obama and his administration behind the events, the truth behind and that is: what happened; how could are not forthright or interested in how we would describe this event so we have avoided it; and what do we working with official Members of the that lessons would be learned, and look for in the future. United States House of Representatives evince how we would effectively and Our representative government is to clear the issue, and to understand capably understand the new and cur- founded on the assumption of a trans- what happened so that we may move rent threats against the United States parent government. Our President, forward with great confidence; that as and what occurred on that day and on Barack Obama, stated when he was our men and women who are in the a moving-forward basis. If you refuse elected that this would be the most State Department are engaged in the to participate with the United States open and transparent government. Mr. sensitive work, the work that is done Congress, if you subvert the process Speaker, we are here today to take the on behalf of this great Nation, that we and take advantage of our structure, President at his word. The question is: can understand that relationship with the Honorable JOHN BOEHNER will then Will the President live up to his word the United States military, with intel- respond with that which is given to and expect this administration to join ligence, with the money that we spend him and to the United States House of with the House of Representatives in and the mission that the President of Representatives, and that is to honor- this new era, this new way of trying to the United States decides that these ably pivot based upon something that go about getting an answer for the men and women will be engaged in. happened less than a month ago, April American public? We are here today to gain answers, to 17. Mr. Speaker, I reserve the balance of gain knowledge, and to gain corrective This administration chose to delib- my time. action. And that is why I believe last erately mislead the United States Con- Ms. SLAUGHTER. Mr. Speaker, I night in the Rules Committee, the gress, and we responded therein. On thank the gentleman for yielding me Rules Committee moved forward on an that day, the administration delivered the customary 30 minutes and yield original jurisdiction hearing whereby 276 documents consisting of 779 pages. myself such time as I may consume. the Rules Committee would make and They gave these to the Committee on Mr. Speaker, the 2012 attack on take the responsibility, Mr. Speaker, Oversight and Government Reform, Benghazi was a tragedy that took the

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — HOUSE H3955 lives of brave American public servants chair the panel, said Wednesday morning on tion’’ of $25, $50, $100 or more to ‘‘hold Obama representing and serving our country. MSNBC’s ‘‘Morning Joe’’ he would ask Re- and Hillary’s feet to the fire until justice is And Congress has an obligation here— publicans to forgo fundraising off the at- done.’’ A January email from Sen. Ted Cruz (R- both to the families of the victims and tacks. ‘‘Yes, and I will cite myself as an exam- Texas) in the aftermath of the State of the to the country—to try to prevent this ple,’’ Gowdy said. ‘‘I have never sought to Union noting that Obama ‘‘failed to mention from ever happening again. But that is raise a single penny on the backs of four Benghazi, the IRS, or the NSA’’ and asking not at all what we are doing here murdered Americans.’’ for donations. today. For right now, the NRCC doesn’t appear to A John Bolton PAC email from April ac- The Senate has produced two bipar- be backing down. cused Obama, Clinton and former Defense tisan reports on the issue, and the ‘‘The Obama administration has not been Secretary Leon Panetta of refusing to take honest with the American people with re- responsibility for ‘‘leaving Americans to die State Department’s Accountability Re- at the hands of terrorists.’’ view Board has produced a construc- gards to the security failures in Benghazi, which left four Americans dead,’’ said NRCC An email from Senate candidate Joe Miller tive, unbiased report. There is a vast spokeswoman Andrea Bozek. ‘‘Our goal is to saying that there is ‘‘strong evidence that body of evidence already collected, and hold Democrats in Congress accountable who senior administration officials crafted a false none of it demonstrates any sort of vote against creating the select committee narrative for purely political purposes.’’ coverup or conspiracy. on Benghazi and who continue to try to An email this week from Rep. Scott The majority here has had 13 con- sweep this controversy under the rug.’’ Rigell’s (R-Va.) campaign asking for ‘‘$5, $10, $20, or $50 to help keep him in Congress and gressional hearings over four commit- [From POLITICO, May 7, 2014] hold the Administration accountable’’ that tees, 50 briefings, produced five reports also asks ‘‘Why didn’t the military respond and 25,000 pages of documentation, REPUBLICANS STICK WITH BENGHAZI CASH to the events in Benghazi Were there even wasted countless millions of dollars, GRAB military assets in the region available? If and has gotten absolutely nowhere. (By Byron Tau and Katie Glueck) not, why not? Who made the decision not to One more committee weighted in favor Republicans have no intention of listening send support? House Republicans are com- of the majority is not going to do any to Trey Gowdy. mitted to finding out the truth about better. We have bottomed out on A number of Republican candidates and Benghazi.’’ conservative groups have openly used the An email from House candidate Andy Benghazi. Sept. 11, 2012, attacks in Benghazi, Libya, as Tobin accusing Obama of ‘‘covering up vital Nonetheless, the majority has repeat- a cash grab. And that’s likely to continue de- information about what happened that edly demonstrated that rather than en- spite a strongly worded rebuke from the new night’’ and asking for donations. gaging in a serious, objective examina- chairman of the Republican select com- Conservative pundits and former politi- tion of the circumstances, they want to mittee assigned to investigate the response cians like Mike Huckabee, Allen West and use the tragedy as an excuse to gen- to the attacks. others have sent emails to their lists, ac- erate partisan talking points, and then Gowdy, a South Carolina Republican, com- cording to the liberal watchdog group Media mented on MSNBC Wednesday that he and Matters. has descended into the crass and the Brad Dayspring, a spokesman for the unbelievable. fellow Republicans should not fundraise off ‘‘the backs of four murdered Americans’’— NRSC, said that there hasn’t been a coordi- Several press reports this week, in- creating a new standard by which the party nated effort from the committee to fundraise cluding one from Politico, indicate can be judged and opening the GOP up to off of the issue, even though his committee that the National Republican Congres- charges of past, present and future hypoc- wrote a blog post with a fundraising solicita- sional Committee sent out a fund- risy. tion about the hearings. raising email entitled ‘‘You Can Be- That’s put the party in an awkward spot. ‘‘Part of politics is fundraising. I think fundraising is a separate activity than call- come a Benghazi Watchdog Right Republicans on Capitol Hill are eager to lend the looming committee investigation into ing attention to important issues,’’ he said Now,’’ and that leads to a donation in an interview. ‘‘Benghazi is going to be a page where you have to pay to be a the murder of four Americans an air of sobri- ety, dignity and seriousness. But political topic of discussion because it deserves an- Benghazi watchdog. And even after strategists are eager to mobilize the GOP swers, and I think it’s important for both their fundraising effort was exposed, base and amp up grassroots fundraising by candidates and elected officials to discuss Republicans are continuing to use this capitalizing on the base’s outrage over how it.’’ effort to raise money off of this trag- the Obama administration handled the at- GOP strategist Rick Wilson said that while edy. This morning’s Politico says: ‘‘Re- tacks. fundraising off of such a sensitive topic needs to be done within the ‘‘bounds of pro- publicans stick with Benghazi cash The 2012 consulate attack and accusations of a White House cover-up are catnip for priety,’’ candidates on both sides of aisle grab.’’ aren’t hesitant to try to turn the ‘‘story du Mr. Speaker, I would like to submit grassroots donors and activists. And Benghazi—and the select committee as- jour’’ into donation pitches, especially when into the RECORD these two articles signed to investigate it—is a key part of the seeking to round up small-dollar contribu- from Politico, May 8 and May 9. The GOP fundraising and mobilization strategy. tions. ‘‘It’s a tragedy, a serious national security first one, ‘‘NRCC’’—which stands for This week, the National Republican Congres- question that has to be resolved, and the ad- the National Republican Congressional sional Committee rolled out a new fund- ministration owes answers,’’ Wilson said of Committee—‘‘fundraising off raising campaign called ‘‘Benghazi Watch- Benghazi. ‘‘On the other hand, you’re going dogs’’—an effort by the aiming to raise Benghazi,’’ and the second one this to see people on both sides use it to build money off Gowdy’s new position. Publicly morning, ‘‘Republicans stick with mailing lists, build name ID, fundraising available domain registration data shows Benghazi cash grab.’’ lists, etc. There’s a base level of inevi- that the site was registered Tuesday. [From POLITICO, May 7, 2014] tability.’’ Other fundraising solicitations about Democrats pointed to both the committee NRCC FUNDRAISING OFF OF BENGHAZI Benghazi include: itself and the fact that it was being used as A fundraising page from the NRCC with a (By Jake Sherman) a fundraising ploy as evidence that the en- photo of Obama and former Secretary of The House Republican campaign arm is re- tire investigation was a political farce. buffing the chairman of the Benghazi select State Hillary Clinton, accompanied by big Chris Lehane, a veteran Democratic strate- committee and is raising money off the bold text proclaiming: ‘‘Benghazi was a gist, said that Republicans fundraising off of GOP’s investigation into the 2012 attack. coverup. Demand answers.’’—and asking for Benghazi could easily overplay their hand. A post on the National Republican Con- donations of up to $500. ‘‘At the end of the day you’re dealing with gressional Committee website dated May 6 is A May 2 blog post from the National Re- an issue that was a tragedy,’’ he said. ‘‘From titled ‘‘You Can Become a Benghazi Watch- publican Senatorial Committee titled ‘‘Dude. a political perspective, that’s raising money dog Right Now.’’ You’re Being Lied To About Benghazi.’’ The from a situation where people representing ‘‘House Republicans will make sure that no post was in response to former White House our government were killed. It’s a politically one will get away from [Trey] Gowdy and the spokesman Tommy Vietor’s appearance on perilous, treacherous thing to do.’’ Select Committee,’’ the blog post says. ‘‘This Fox News last week where he used the line In a general election, he said, a Democrat is going to be a national effort for a national ‘‘Dude, that was like two years ago.’’ It con- could easily dismiss such a Republican as investigation.’’ cludes: ‘‘Americans deserve the truth about ‘‘playing politics with people’s lives.’’ Once a visitor to the site enters their Benghazi and it’s clear Democrats will not White House Deputy Press Secretary Josh name, email and ZIP code, it asks for a dona- give it to them. Donate today and elect a Re- Earnest on Wednesday jabbed the NRCC for tion to ‘‘stop Democrats from controlling all publican Senate majority.’’ its fundraising efforts. of Washington.’’ A May email blast from the conservative ‘‘I think that the fact that the National But Rep. Trey Gowdy (R–S.C.), whom nonprofit Special Ops OPSEC Education Republican Congressional Committee is rais- Speaker John Boehner (R–Ohio) tapped to Fund that asks for an ‘‘immediate contribu- ing money off the creation of this committee

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H3956 CONGRESSIONAL RECORD — HOUSE May 8, 2014 is a pretty good indication of the political MCKEON added: One of those Members comes with motivation that’s at work here,’’ he said The Armed Services Committee has inter- vast experience and comes to us as aboard Air Force One. viewed more than a dozen witnesses in the former chairman of the Foreign Affairs And Republicans aren’t the only ones to operational chain of command that night, Committee. She is a person who is well use national tragedies for fundraising or list- yielding thousands of pages of transcripts, respected and thoughtful. building. emails, and other documents. We have no The nonprofit Organizing for Action has More importantly, she was on duty as evidence that State Department officials de- the chairwoman at the time Benghazi come under fire several times for using gun- layed the decision to deploy what few re- related events to build their email list— sources DOD had available to respond. occurred, and we are delighted she is sending emails on the anniversary of the on the Rules Committee. She has How tragic is that? How tacky is Newtown shooting and the day of the Navy brought incredible integrity and in- that? How beneath the dignity of the Yard shooting. sight into this matter. House of Representatives is that? Republican officials defended their tactics At this time, I yield 4 minutes to the as giving voters answers to pressing ques- I have an amendment to this resolu- tions. tion based on a simple premise that, if gentlewoman from Florida (Ms. ROS- ‘‘The Obama administration has not been this thing is going to be put together LEHTINEN). Ms. ROS-LEHTINEN. Mr. Speaker, I honest with the American people with re- and funded, that it really does some thank Chairman SESSIONS for his in- gards to Benghazi, and if Nancy Pelosi be- kind of work bipartisanly, which would comes speaker the American people will spiring leadership on the Rules Com- be really strange in this House, but the never know the truth. Our goal is to hold mittee on every issue, but most espe- idea of having another committee to Democrats in Congress accountable who vote cially as he spearheaded the creation of try to get different results from all of against creating the select committee on this select committee on Benghazi to Benghazi and who continue to try to sweep other committees and all of the other examine what happened, what led to this controversy under the rug,’’ said NRCC hearings with the results they have this attack, and what has happened spokeswoman Andrea Bozek. had really is a foolish waste of time. since. Thank you for your leadership, Ms. SLAUGHTER. Additionally, re- Our amendment makes membership Chairman SESSIONS. ports today from a prominent jour- on the committee equally divided be- Mr. Speaker, I stand here to fully nalist say that Mr. BOEHNER himself tween Republicans and Democrats. We support this measure, but it really is says that he will not try to stop the know already that is not going to hap- unfortunate, it is sad, it is tragic that fundraising. pen. it has come to this. We shouldn’t have The majority is demonstrating with- It guarantees the minority signoff on to be here today debating the rule and, out a shadow of a doubt that like the subpoenas and depositions—no such later, the underlying resolution on many, many votes we have taken try- luck. having to form a select committee to ing to kill health care, this is a polit- It guarantees equal distribution of be able to get to the truth about what ical move. That is the most crass and money, staffing, and other resources of happened on that tragic day and night awful thing to do to the families of the committee. of September 11, 2012; but, unfortu- these four people who died. We keep It requires the committee to estab- nately, our patience has been sorely over and over rubbing salt into that lish written rules—that would be a tried, so here we are. awful wound by bringing this up over good one—specifically including rules The administration has, for nearly 2 and over. And how do you think they concerning how documents and other years now, been stonewalling and ob- feel now knowing what this game is information may be obtained, used, or fuscating, anything it can do, to avoid about in the House of Representatives? released. letting the truth out about that tragic I am appalled the majority would use It guarantees equal access to evi- terrorist attack in our consulate in these deaths for political gain and po- dence and materials of the committee Benghazi, Libya. litical money when what the families and perhaps can identify witnesses who As chairman of the Foreign Affairs of the victims and Americans want to are going to be coming before the com- Committee at the time of the attack, do is to ensure it never happens again. mittee. as Chairman SESSIONS has pointed out, But we are doing nothing in the world It provides for transparency of the I know, perhaps as well as any of our to ensure that. committee’s expenditures and budg- colleagues, just how much the adminis- Not only is the majority disregarding eting. tration has been trying to protect this the bipartisan findings, but their own It ensures that a quorum for taking false narrative and President Obama, process is so wrought with error, par- testimony or receiving evidence in- the narrative that Libya was a polit- tisanship, and deception that leaders in cludes at least one minority member. Finally, it ensures that the majority ical success. Repeated requests for their own party are calling foul. has a say in decisions about extended more protection were ignored. The Oversight Committee has pro- questioning and staff questioning of When the Accountability Review duced several witnesses of dubious witnesses. Board report was released, I planned on quality, but the most recent one is a Mr. Speaker, it is shameful what is convening a hearing to examine the as- brigadier general, to testify about the happening here today. People, not just sessment and the recommendations; minority, and the minority was only persons right now, but I believe that but in true stalling fashion, the State give his name and had no way—we future historians looking at the setup Department did not release the report didn’t have any address or anything of this committee will be appalled, as to us until about 8:30 p.m., just a few else—to even verify his credentials. all of the rest of us are on our side, hours before our hearing was set to b 1300 that to make use politically and finan- begin. We are indebted to Congressman cially of the tragedy of the loss of four Then, of course, there was a new song BUCK MCKEON, Armed Services Com- brave Americans is beneath contempt. and dance every time we tried to se- mittee chairman, who discredited this I reserve the balance of my time. cure a date for Secretary Clinton to witness by calling Brigadier General Mr. SESSIONS. Mr. Speaker, the come before our House Foreign Affairs Robert Lovell an unreliable witness Rules Committee is the committee Committee to testify. and criticized Lovell’s assertion that that meets upstairs. We decide what We would even have taken any ad- the State Department was not quick to legislation will come to the floor. In ministration official, for that matter. deploy troops to respond to the 2012 this case, the House Rules Committee It took 3 months for the administra- terrorist attack in Libya. Lovell testi- has original jurisdiction over this bill, tion to provide us with witnesses, and fied Thursday before Issa’s oversight but the Rules Committee is made up of it did not provide Secretary Clinton to panel. specialists, of experts across this Con- our committee until the following Congressman MCKEON stated: gress, not only on the Republican and year. Democrat side, but people who rep- This is not the moves, Mr. Speaker, Brigadier General Lovell did not serve in a capacity that gave him reliable insight into resent people back home who hear from of an administration that had planned operational options available to commanders and want to know about the effects on being the most transparent in his- during the attack, nor did he offer specific that Congress does and about the daily tory. In fact, this administration has courses of action not taken. impact. been anything but transparent, as we

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — HOUSE H3957 have seen with the emails, having been 567. The majority’s obsession with main obsessed with recycling tired and the latest revelation in the never-end- keeping Benghazi conspiracy theories worn talking points in a cynical at- ing attempt to avoid telling the Amer- front and center through the midterm tempt to fire up the GOP base before ican public the full truth about what elections, despite the fact that Repub- the midterm elections this November. happened, what was the lead up to the licans have held 10 Congressional hear- Unfortunately, the regression into terrorist attack, what happened during ings already, nine classified Member crass demagoguery has real world con- the many hours of that firefight, and briefings, and 16 Intelligence Com- sequences, Mr. Speaker. Our country’s what happened to all of those docu- mittee oversight events on the diplomatic corps cannot operate effec- ments afterwards Benghazi attack, despite those 35 con- tively if we lock them in fortresses and That is why, Mr. Speaker, we need gressional proceedings here in the prevent them from engaging in foreign this select committee, to get the truth House alone on Benghazi, the most as- nations because there might be a risk. out there for the American public, so tonishing information to emerge has The reality is that striking the right that we can have an open and honest been the striking level of disinterest balance between necessary security debate about what happened on that exhibited by certain Members of the and effective diplomacy is an inher- fateful day and to ensure that we can majority with respect to posing sub- ently complex and daunting challenge do everything in our power to prevent stantive questions that actually might for our foreign service every day, ev- another terrorist attack like this from inform efforts to enhance the security erywhere. happening in the future. of American personnel abroad. As Ambassador Pickering and Admi- Let’s remember these names, Mr. In fact, the independent Account- ral Mullen accurately stated in their Speaker: Ambassador Chris Stevens, ability Review Board of Admiral review report: Information Officer Sean Smith, and Mullen and Ambassador Pickering, two No diplomatic presence is without risk, former Navy SEALs Tyrone Woods and of the most respected civil servants in and the total elimination of risk is a non- Glen Doherty. These are names that our lifetimes, as well as the report of starter for U.S. diplomacy. the American people need to remember the Republican majority-controlled In closing, I would ask my colleagues each and every day. House Armed Services Committee, on the other side of the aisle: Why do Mr. Speaker, some folks have men- have thoroughly vetted and debunked they not trust the judgment of this tioned the fundraising aspect of this the outrageous and irresponsible Chamber’s foremost military expert, Benghazi investigation, and that is Benghazi conspiracy theories that may the chairman of the Armed Services rather sad and pathetic to bring that make for good Republican fundraising, Committee, who pronounced himself up, but it is interesting because I was but disgracefully slander the service ‘‘satisfied that where the troops were, reading a newspaper article. and dedication of public servants in the The SPEAKER pro tempore (Mr. how quickly the thing all happened, military and diplomatic corps. and how quickly it dissipated, we prob- MEADOWS). The time of the gentle- In a USA Today op-ed published yes- woman has expired. ably couldn’t have done more than we terday, my friend, Mr. GOWDY, from did’’? Mr. SESSIONS. I yield 2 minutes to South Carolina asked: the gentlewoman. The SPEAKER pro tempore. The Was our military response during the pend- time of the gentleman has expired. Ms. ROS-LEHTINEN. It is inter- ency of the siege sufficient? esting that this says that the Demo- Ms. SLAUGHTER. I yield an addi- To save us all the time and resources crats are fundraising off GOP fund- tional 1 minute to the gentleman. that the Speaker now apparently plans raising off Benghazi. It is a very inter- to spend on his proposed partisan show b 1315 esting article, and I hope that all of panel, respectfully, I would recommend Mr. CONNOLLY. We probably couldn’t our colleagues will look at it. have done more than we did. It is an article, and it says: that my colleagues pose that very question to the esteemed Republican Those are the words of our colleague Contribute now, Democrats 2014. chairman of the House Armed Services from California, the chairman of the I am not pointing fingers and calling Committee who stated last week: Committee on Armed Services. names; but if we are going to get The Armed Services Committee has inter- I urge all Members to oppose this blamed for something, I think that viewed more than a dozen witnesses in the cynical, exploitative, partisan ploy there is enough blame to go around. To operational chain of command, yielding that is not worthy of this House. sensationalize this and to fundraise off thousands of pages of transcripts, emails, Mr. SESSIONS. I yield 5 minutes to it, this is something some groups are and other documents. We have no evidence the gentleman from Lewisville, Texas trying to do, but I believe that the pot that the Department of State officials de- (Mr. BURGESS), a member of the Rules is calling the kettle black. layed the decision to deploy those resources Mr. Chairman, thank you for your re- available to the DOD to respond. Committee. Mr BURGESS. Mr. Speaker, I thank spected leadership on this issue. The With their one-sided partisan select you for the recognition. I thank the American people deserve to know the committee, we will not further an in- chairman of the committee, the distin- truth. We must not keep promoting a vestigation or get at the truth the gen- guished Texan, for yielding me the false narrative. Libya was not a polit- tlewoman from Florida (Ms. ROS- time. I certainly thank him for his con- ical success. Libya continues, to this LEHTINEN) talked about. day, to be a tinderbox waiting to ex- We will reveal nothing new; rather, fidence in me in allowing me to be on plode. we will do our great Nation a grave dis- the Rules Committee this past year Terrorist groups are all over the service in continuing to perpetuate and a half. place. Let’s not ignore the facts on the myths and conspiracies that cloud a Mr. Speaker, it is now nearly 2 years, ground. Let’s get to the truth about simple, painful truth: the attack on an administration that ran on the con- what happened to Benghazi, and having Benghazi was a tragedy perpetrated by cept of transparency but now only this select committee is a way to get jihadist terrorists—not by foreign dip- functions in opacity. We heard from to the truth—pure and simple—no poli- lomats, not by U.S. diplomats. the administration on September 12 of tics. There was no coverup. There was no 2012: Ms. SLAUGHTER. Mr. Speaker, I am soft-pedaling of this act of terror, not We will not waiver in our commitment to pleased to yield 3 minutes to the gen- by the President, not by the Secretary see that justice is done for this terrible act. And make no mistake, justice will be done. tleman from Virginia (Mr. CONNOLLY), of State, not by the Secretary of De- the ranking member of the Oversight fense, nor our Intelligence Committee; It seems strange now, almost 2 years and Government Reform Committee on and to suggest otherwise is a great later, to think on those words. That Government Operations. slander. seemed like a sincere promise. The Mr. CONNOLLY. Mr. Speaker, I The SPEAKER pro tempore. The American people believed that promise thank my dear friend, the former time of the gentleman has expired. that was made just days after the at- chairman of the Rules Committee, Ms. SLAUGHTER. I yield an addi- tack. If then we could have known that LOUISE SLAUGHTER from New York. tional 1 minute to the gentleman. 19 months later the President’s press I rise in strong opposition to the rule Mr. CONNOLLY. Instead, Repub- secretary would stand before the White and the underlying resolution, H. Res. licans on the Oversight Committee re- House press corps and laugh about the

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H3958 CONGRESSIONAL RECORD — HOUSE May 8, 2014 event and call it a conspiracy theory. I able Barbara Jordan served. She was on Ms. SLAUGHTER. Mr. Speaker, I don’t think we would have believed it if the Watergate Committee and the im- yield 2 minutes to the gentleman from someone had told us what the future peachment process as a member of the Colorado (Mr. POLIS), a member of the held, but sadly, that is the state of af- Judiciary Committee. I remember her Committee on Rules. fairs today. posture on that committee and holding Mr. POLIS. Mr. Speaker, my good Here we have a tragic event against up the Constitution. As a Texan, as a friend from Texas (Ms. JACKSON LEE) our Ambassador, against American Democrat, we admired that. That is just talked about how we have pro- citizens, and the darned thing has near- the premise upon which I believe we posed that this be a balanced com- ly become a cold case because of the re- should be looking at this process. mittee like the Ethics Committee. fusal of the White House to prioritize As I read this resolution, I am trou- That was done with regard to another anything related to the investigation bled, Mr. Speaker, because if we are special committee, in fact, the bill that except for their own bizarre political going to do fairness and if we are going was sponsored by current Speaker, spin about what happened. to reach a level of ethical respect, then then-minority leader, JOHN BOEHNER in Mr. Speaker, we have been forced to there is a concern. We need an amend- the 110th Congress. look into the anguished faces of the ment, because this follows the rules of They set up a special committee with victims’ families and tell them that we the House, which means that the chair- regard to voting irregularities. They have not been able to find answers for man is solely given and ceded the au- had an equal balance between Demo- them about the attack, the attack that thority—that means he or she could— crats and Republicans to remove any killed their sons. We have an entire of subpoena power. That does not rise taint of partisanship from the pro- Caucus that has threatened to boycott to the level of fairness. ceedings. That would be a welcomed an investigation that they have simply Now, someone refuted our leader- change, but again, that was not even dismissed as political excess. It is not ship’s request for a bipartisan, even- allowed to be discussed under this rule. political excess to those families, Mr. numbered committee and cited that Another language of concern in the Speaker. the only committee that is even-num- underlying bill which we tried to ad- In turn, we as a Congress must do ev- bered is the Committee on Ethics, and dress in the Rules Committee but un- erything in our power to do what the they are right, Mr. Speaker. We want fortunately were voted down is that President said, what the President this to be an ethical, fair, responsibly, this bill allows for such funds that are stated back in 2012: to ensure that jus- constitutionally grounded committee needed to be appropriated for this pur- tice is done for this terrible act. The investigation report, because the com- pose. We were not even presented with only way to deliver that justice is to mittee is unending. It will end only 30 any cost estimates for this committee. establish the select committee. days after the completion of its work; On the committee, it was noted that This is another step in what has be- therefore, it can go on and on and on. Kenneth Starr’s investigation of then- come a very long process. I urge my The question is will the American peo- President Clinton cost in excess of $80 colleagues to support the rule and sup- ple see fairness. million. We simply don’t know if this is port the underlying bill. The SPEAKER pro tempore. The a $1 million, a $10 million, a $50 mil- Ms. SLAUGHTER. Mr. Speaker, I time of the gentlewoman has expired. lion, or a $200 million endeavor; nor yield 3 minutes to the gentlewoman Ms. SLAUGHTER. I yield the gentle- were we allowed to even allow for a from Texas (Ms. JACKSON LEE). woman another minute. vote our very simple bipartisan pro- Ms. JACKSON LEE. Mr. Speaker, I Ms. JACKSON LEE. Mr. Speaker, posal to pay for this bill, which would thank the distinguished gentlewoman, what we want them to see, if we truly have been to allow a vote on H.R. 15. the ranking member on the Rules Com- honor those dead Americans that died H.R. 15, which is a bill that has bipar- mittee, and my friend, the distin- in the line of battle and duty, then we tisan support, has already passed the guished gentleman from Texas, for the need the kind of face to the American Senate by more than two-thirds, would hard work that the Rules Committee people that balances the subpoena pass as a pay-for if brought to the floor engages in. power so that we all—meaning Repub- of the House, actually generates over I think the first comment that I licans and Democrats who are on that $200 billion. Even if this select com- would like to make is what we have committee, if that committee is final- mittee were to spend hundreds of mil- been making, Ms. SLAUGHTER, through- ized—can responsibly question wit- lions of dollars, if we were able to in- out this process, is our deep and abid- nesses, and that the issue will not be clude immigration reform as a way of ing sympathy for the Americans who the committee in its process, but it paying for it, it would still reduce the lost their lives in the name and in the will be the fairness, it will be the Con- deficit by $199 billion or more. duty to this country. I don’t think stitution, it will be the dignity and We weren’t even allowed an up-or- there is a divide on that issue. honor we give to those who have fallen. down vote on that topic. In the spirit I would take a different perspective I ask my friends on the other side of of bipartisanship, I offered to support from a cold case. This is a hot and on- the aisle, we can waive the point of the establishment of the select com- going case that has been investigated order, amend this on the floor of the mittee if we could establish immigra- and has evidenced individuals whom I House to give a balance to this com- tion reform as the way of paying for would believe that, in any other in- mittee, to add the balance that our this. Unfortunately, despite support stance, my friends on the side of the leadership has asked for, the fairness from both sides of the aisle in com- aisle would hold to the integrity of that our leadership is asking for, give mittee, we were, nevertheless, voted their representation. the subpoena powers in a balanced down. One hundred years of military experi- manner, pay tribute to those who have I want to be clear that the issue of ence testified on the question of honored this Nation by being willing to immigration reform will not go away. Benghazi, I believe, in the Committee stand in the line, in the eye of fire. We will continue to offer it as a way of on Armed Services. We have heard over I conclude simply by indicating we paying for various bills. I hope that a and over from those in the State De- are the people of this Nation. Respond discussion is allowed about how to pay partment. We have had conclusions on to our concerns. And I ask my col- for this committee, and that is why I the question of coverup, and we have leagues to reject this rule and the un- oppose the rule. seen nothing pointed to the adminis- derlying bill. Mr. SESSIONS. Mr. Speaker, I re- tration to do so. Mr. SESSIONS. Mr. Speaker, I yield serve the balance of my time. I think the issue today is a question myself 15 seconds. Ms. SLAUGHTER. Mr. Speaker, I of fairness. That is what Democrats Members of Congress who attend yield 4 minutes to the gentleman from have always stood for. I have watched hearings and heard the testimony yes- New York (Mr. ENGEL), the distin- my leaders through the endless inves- terday should not mislead the Amer- guished ranking member of the Com- tigations, starting from Waco and the ican people by their statements on the mittee on Foreign Affairs. impeachment process, and I can almost floor as the gentlewoman from Texas Mr. ENGEL. Mr. Speaker, I thank my say—maybe I should even say that I did. friend from New York for yielding me come from a district where the Honor- I reserve the balance of my time. this time.

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — HOUSE H3959 I rise in strong opposition to both the neous protest. They were wrong. In the Mr. Speaker, I would like to inquire rule and the bill. It is really a political days that followed, they corrected that as to how much time is remaining. charade and a pointless attempt to find mistake, confirming that the attack The SPEAKER pro tempore. The gen- a scandal that simply doesn’t exist. was a deliberate and organized ter- tleman from Colorado has 8 minutes re- What happened in Benghazi in Sep- rorist attack carried out by extremists. maining. tember 2012 was a tragedy. The loss of In the days after the attack, these Mr. POLIS. Mr. Speaker, I yield my- those four Americans broke our hearts, protests in the region were still raging. self the balance of my time. and it reminded us that diplomacy can Some of them were violent. In Yemen, As we have seen time and time again, be dangerous work and that we need to additional marines were deployed to sadly the Republicans are taking an do all we can to protect those who rep- protect our personnel. The latest con- unspeakable tragedy—the death of four resent our country around the world. spiracy theory centers on an email sent brave American citizens—and turning What have we seen from certain at the time. In context, it is clear that it into a partisan talking to the point members of the majority since that Ben Rhodes, the Deputy National Secu- of selling membership to become day? Partisan games. And this select rity Adviser, was concerned about pro- Benghazi investigators on a partisan committee would be nothing more than tecting Americans amid a volatile cli- Web site rather than engaging in a bi- the next chapter in this political farce, mate around our diplomatic facilities partisan process to get to the root of just in time for the midterm elections all over the world. the matter. and with 2016 peeking over the horizon. Those who want to create a scandal The families of those who died de- What is it exactly that my colleagues where none exists call this a smoking serve more than that. They deserve are after? After the attack in Benghazi, gun. That is not much to go on. Never- that Democrats and Republicans work we all wanted answers: What happened theless, after more than a year of turn- together rather than use their pain for that night that led to the death of ing up nothing new, my colleagues political or financial gain for either Chris Stevens, Sean Smith, Tyrone want to create a new committee with party. Woods, and Glen Doherty? Where did sweeping powers, a broad mandate, and Mr. Speaker, if we defeat the pre- we fall short in protecting our people, no fixed timeline for producing any vious question, I will offer an amend- and who was responsible? What could sort of report. ment to the rule to make in order our we do to make sure something like this When I heard of the terrible idea to amendment to ensure that the select wouldn’t happen again? create this special committee, I could committee has a chance to succeed Well, an Accountability Review not help but think of Iraq where, not where four previous House investiga- Board led by Ambassador Thomas four, but 4,000 Americans died. My Re- tions have not to ensure that we have Pickering and Admiral Michael publican colleagues conducted vir- a full, accurate, and objective account- Mullen, two men with seriousness of tually no investigations into that trag- ing for the American people of the purpose and no partisan agenda, helped edy based on a lie. They set up no com- events in Benghazi. By ensuring equal answer those questions. They found se- mittees to uncover the truth behind representation, equal resources, and rious management and leadership fail- the phony intelligence, the torture, the equal say over the use of subpoenas and ures at the State Department. Bipar- secret prisons, or the spin about how depositions, we can fulfill our obliga- tisan reports from the Senate Home- Iraqis would greet us with flowers. tions to our Nation and to our institu- land and Intelligence Committees sup- Nothing. tion to ensure that we get to the bot- ported those findings. So I have to ask a final time: What is tom of this matter for the American Former Secretary of State Hillary it my colleagues on the other side are people. Rodham Clinton sat before committees after? I think the answer is pretty Mr. Speaker, I ask unanimous con- in both Houses and took full responsi- clear. They are after a political win. sent to insert the text of the amend- bility. She and her successor, John They want to tear down leaders in the ment in the RECORD along with extra- Kerry, have said over and over again Democratic Party and raise money for neous material immediately prior to that the State Department is imple- their campaign committees, and they the vote on the previous question. menting all of the recommendations of are willing to politicize the deaths of The SPEAKER pro tempore. Is there the Review Board. four Americans to do it. objection to the request of the gen- That didn’t satisfy some of my tleman from Colorado? friends on the other side. They started b 1330 There was no objection. moving the goalpost, and so began this Our constituents aren’t interested in Mr. POLIS. Mr. Speaker, we and my long, costly exercise. They tried to tie this. They want us to do our jobs, not colleagues on the Rules Committee Secretary Clinton directly to the secu- waste millions of taxpayer dollars on a have tried to make this process work. rity failures that led to this tragedy, fabricated scandal. We tried to propose a bipartisan way of but that didn’t turn up anything. Then The SPEAKER pro tempore. The paying for these efforts, we tried to they floated the idea that our military time of the gentleman has expired. propose a balanced way for this com- was told to stand down in the moment Ms. SLAUGHTER. I yield an addi- mittee to go about its business. But at of greatest need in Benghazi. Even the tional 30 seconds to the gentleman every turn we were shot down. That is Republican chairman of the Committee from New York. why I ask my colleagues on both sides on Armed Services said that claim had Mr. ENGEL. Let’s do what they sent of the aisle who care about honoring no merit. us here to do. Let’s protect our dip- those who lost their lives, who care Since there is no wrongdoing to be lomats and development experts. Let’s about getting to the bottom of the found with respect to the actual at- work to create jobs and shore up our events, join me in opposing this rule tack, now we are focused on the talk- crumbling infrastructure. Let’s fix our and defeating the previous question so ing points and the so-called coverup. I immigration system and promote en- that we may begin a process that has ask again: What is it my colleagues are ergy security. Let’s vote ‘‘no’’ on this the confidence of the American people after? What is allegedly being covered resolution and get back to governing. rather than just speaks to one partisan up? Mr. SESSIONS. Mr. Speaker, I re- base or the other. At the time the attacks took place, serve the balance of my time. The American people deserve this in- American Embassies from Southeast The SPEAKER pro tempore. Without stitution acting at its best with regard Asia to the Middle East, to North Afri- objection, the gentleman from Colo- to this matter, Democrats and Repub- ca, to England were surrounded by rado will control the time. licans acting in concert, both enjoying protestors angered over an anti-Islamic There was no objection. the power of subpoena, the ability to video. In Egypt, our Embassy was Mr. POLIS. I would like to inquire if schedule witnesses, equal resources on stormed. the gentleman has any remaining the committee, so we can have a full, So as the fires in Benghazi were still speakers on his side. objective, and hopefully unanimous ac- burning and the air was thick with Mr. SESSIONS. In fact, I do not. count of the events. smoke, the CIA’s assessment was that Mr. POLIS. Then I am prepared to That should be the goal of the legis- the attack was the result of a sponta- close. lation. Under this rule, we are not even

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H3960 CONGRESSIONAL RECORD — HOUSE May 8, 2014 allowed to discuss our proposals to en- us, to try and fool us, to try and redact ing minority member of the Committee on sure equal representation on this com- information that did not fall under a Rules; and (2) the amendment specified in mittee. We are not allowed to discuss national security title but rather was section 2 of this resolution if offered by Rep- our proposal to pay for the proceedings to politically save them from what resentative SLAUGHTER of New York or a des- ignee, which shall be in order without inter- under this bill with a bipartisan bill might be an embarrassment. vention of any point of order, shall be con- that passed the Senate with more than What are some of those embarrass- sidered as read, shall be separately debatable two-thirds. ments? Well, some of the embarrass- for 30 minutes equally divided and controlled This is a closed process that, frankly, ments would be: Why didn’t the State by the proponent and an opponent, shall not Mr. Speaker, risks losing the faith of Department understand on September be subject to amendment, and shall not be the American people in the outcome of 11 of any year why you probably do not subject to a demand for division of the ques- this process. I fear, Mr. Speaker, that conduct official operations, especially tion.’’ whatever the outcome of this process, in a dangerous area? That might be one At the end of the resolution, add the fol- lowing new section: if it moves forward, will fall on deaf question. SEC. 2. The amendment referred to in the ears of the American people because Another question might be: Who is it first section is as follow: they will know that there was not an that said no? We have heard that there Page 1, lines 9 and 10, strike ‘‘after con- institutional commitment to being ob- are serious flaws in the State Depart- sultation with’’ and insert ‘‘on the rec- jective, there was not an effort to ment. We already knew that. The ommendation of’’. reach out in a bipartisan manner to former Secretary of State has numer- Page 4, strike lines 15 and 16 and redesig- find the truth, there was not a bipar- ous investigations that have revealed nate accordingly. tisan effort to even pay for the costs of inadequacy all the way to the top of Page 4, line 22, after ‘‘Select Committee’’, this investigation or this bill or con- the State Department when Hillary insert ‘‘, including one of the members who was appointed to the Select Committee after tain or estimate those costs in any Clinton was Secretary of State. consultation with the minority leader under way. But what we are about here is to get section 2(a),’’ Mr. Speaker, I strongly urge my col- to the bottom of it, to effectively get Page 5, line 3, strike ‘‘chair of the’’. leagues to defeat the previous question this done, to report to the American Page 5, line 7, before the period, insert ‘‘, so we can get this process right. I urge people, and they, Mr. Speaker, will see only upon an affirmative vote of the major- my colleagues to vote ‘‘no’’ on the pre- exactly why this was done, because the ity of its members or with the concurrence vious question, ‘‘no’’ on the rule, and oversight responsibilities of the House of the ranking minority member’’. ‘‘no’’ on the underlying resolution. of Representatives were done at the Page 5, lines 8 and 9, strike ‘‘upon con- I yield back the balance of my time. sultation with’’ and insert ‘‘with the concur- highest levels of this House. And by the rence of’’. Mr. SESSIONS. Mr. Speaker, I yield way, we will read the bills before we Page 5, line 16, before the period, insert ‘‘, myself such time as I may consume. pass them, we will understand the facts and shall be taken only upon concurrence of There is an old saying that the closer of the case and be able to explain them, the ranking minority member’’. to the target you get, the more flak and, more importantly, the Speaker of Page 5, line 18, strike ‘‘after consultation comes up. While that is probably a the House of Representatives will be in with’’ and insert ‘‘with the concurrence of’’. naval or an Air Force term whereby pi- support of the American people know- Page 6, after line 3, add the following new subsections: lots who are on their duty know when ing the truth. they are getting close to the real tar- (d) All Members of the Select Committee Mr. Speaker, thank you for allowing shall have equitable and timely access to all get. Mr. Speaker, we are getting closer the Rules Committee to bring forth its evidence and other material received by the to the real target. rule today to talk about this impor- Select Committee. The facts of the case are really pret- tant, not just intelligence operation (e) The Select Committee shall adopt writ- ty simple. There is no gag order in- and national security and State De- ten procedures governing how documents volved here. We spoke last night and partment and military operations, but and other information may be obtained, yesterday in a very open, probably sev- to be able to say that the confidence used, or released by the committee or any members or staff of the committee. eral-hour meeting on original jurisdic- that the American people have in the tion at the Rules Committee. I was Page 7, after line 11, add the following new brave men and women who represent subsections: very open with the members of the America—that we will never leave (d) The chair and ranking minority mem- committee. I told them, which has not them on the battlefield alone in hours ber of the Select Committee shall receive been expressed today, that the last day of firefights without a backup position equal allotments of resources for the ex- of the 113th Congress this investiga- of knowing that the next sound you penses and staff necessary to carry out this tion, if it is still going on, would have hear will be the United States Navy or resolution. (e) A complete report of the expenditures to be reauthorized by the next Con- the United States Air Force coming to gress. It is not like there is a never- of the Select Committee shall be made avail- aid the men and women who are in able to the public on a monthly basis. ending date. As a matter of fact, we harm’s way. That is the bottom line to say in the original jurisdiction that 30 THE VOTE ON THE PREVIOUS QUESTION: WHAT this: an apology, not just stating a IT REALLY MEANS days after the completion of their re- mismanagement, based upon the facts port this select committee would go This vote, the vote on whether to order the of the case. previous question on a special rule, is not away. Mr. Speaker, I urge my colleagues to merely a procedural vote. A vote against or- Secondly, we spoke very openly vote ‘‘yes’’ on the resolution and ‘‘yes’’ dering the previous question is a vote about not having new money available, on the underlying legislation. I believe against the Republican majority agenda and but rather the money that was origi- what we are doing today is an honor- a vote to allow the Democratic minority to nally given to the House of Representa- able day for the American people, and offer an alternative plan. It is a vote about tives for the purposes of running the I am proud to be here as an American, what the House should be debating. Mr. Clarence Cannon’s Precedents of the House. The Speaker of the House would as a Member of Congress, saying we have to make sure that this committee House of Representatives (VI, 308–311), de- will get to the bottom of this, it will be scribes the vote on the previous question on operates within what we had originally done quickly, and it will be done effi- the rule as ‘‘a motion to direct or control the asked for. There are not unlimited ciently, and the American people can consideration of the subject before the House amounts of money. And to suggest as then make their decisions and us move being made by the Member in charge.’’ To has been done on the floor, up to $200 on, knowing that we will support the defeat the previous question is to give the million to run this investigation, that men and women who wear the uniform. opposition a chance to decide the subject be- simply would not be truthful. The material previously referred to fore the House. Cannon cites the Speaker’s ruling of January 13, 1920, to the effect that Mr. Speaker, the closer to the target by Mr. POLIS is as follows: we have gotten, we have found that the ‘‘the refusal of the House to sustain the de- AN AMENDMENT TO H. RES. 575 OFFERED BY Obama administration is trying to do mand for the previous question passes the MS. SLAUGHTER OF NEW YORK control of the resolution to the opposition’’ everything they can to keep the United Strike ‘‘except’’ and all that follows and in order to offer an amendment. On March States House of Representatives and insert the following: 15, 1909, a member of the majority party of- the committees from doing their job to ‘‘except: (1) one hour of debate equally di- fered a rule resolution. The House defeated try and misdirect us, to try and trick vided and controlled by the chair and rank- the previous question and a member of the

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — HOUSE H3961 opposition rose to a parliamentary inquiry, PROVIDING FOR CONSIDERATION this resolution as though under clause 8(a) of asking who was entitled to recognition. OF H.R. 10, SUCCESS AND OPPOR- rule I. Speaker Joseph G. Cannon (R-Illinois) said: TUNITY THROUGH QUALITY SEC. 4. It shall be in order at any time on the legislative day of May 8, 2014, for the ‘‘The previous question having been refused, CHARTER SCHOOLS ACT; RELAT- the gentleman from New York, Mr. Fitz- Speaker to entertain motions that the House gerald, who had asked the gentleman to ING TO CONSIDERATION OF H.R. suspend the rules, as though under clause 1 yield to him for an amendment, is entitled to 4438, AMERICAN RESEARCH AND of rule XV, relating to the bill (H.R. 4366) to the first recognition.’’ COMPETITIVENESS ACT OF 2014; strengthen the Federal education research The Republican majority may say ‘‘the AND FOR OTHER PURPOSES system to make research and evaluations more timely and relevant to State and local vote on the previous question is simply a Ms. FOXX. Mr. Speaker, by direction vote on whether to proceed to an immediate needs in order to increase student achieve- vote on adopting the resolution . . . [and] of the Committee on Rules, I call up ment. has no substantive legislative or policy im- House Resolution 576 and ask for its SEC. 5. The Committee on Appropriations plications whatsoever.’’ But that is not what immediate consideration. may, at any time before 5 p.m. on Thursday, they have always said. Listen to the Repub- The Clerk read the resolution, as fol- May 15, 2014, file privileged reports to accom- lican Leadership Manual on the Legislative lows: pany measures making appropriations for the fiscal year ending September 30, 2015. Process in the United States House of Rep- H. RES. 576 resentatives, (6th edition, page 135). Here’s SEC. 6. During consideration of the bill Resolved, That at any time after adoption how the Republicans describe the previous (H.R. 4438) to amend the Internal Revenue of this resolution the Speaker may, pursuant question vote in their own manual: ‘‘Al- Code of 1986 to simplify and make permanent to clause 2(b) of rule XVIII, declare the though it is generally not possible to amend the research credit, pursuant to House Reso- House resolved into the Committee of the the rule because the majority Member con- lution 569, the further amendment printed in Whole House on the state of the Union for trolling the time will not yield for the pur- part B of the report of the Committee on consideration of the bill (H.R. 10) to amend pose of offering an amendment, the same re- Rules accompanying this resolution shall be the charter school program under the Ele- sult may be achieved by voting down the pre- considered as adopted. mentary and Secondary Education Act of vious question on the rule.... When the SEC. 7. House Resolution 569 is amended by 1965. The first reading of the bill shall be dis- motion for the previous question is defeated, striking ‘‘90 minutes’’ and inserting ‘‘one pensed with. All points of order against con- control of the time passes to the Member hour’’. sideration of the bill are waived. General de- who led the opposition to ordering the pre- The SPEAKER pro tempore. The gen- bate shall be confined to the bill and shall vious question. That Member, because he tlewoman from North Carolina is rec- not exceed 90 minutes equally divided and then controls the time, may offer an amend- controlled by the chair and ranking minority ognized for 1 hour. ment to the rule, or yield for the purpose of member of the Committee on Education and Ms. FOXX. Mr. Speaker, for the pur- amendment.’’ the Workforce. After general debate the bill pose of debate only, I yield the cus- In Deschler’s Procedure in the U.S. House shall be considered for amendment under the tomary 30 minutes to the gentleman of Representatives, the subchapter titled five-minute rule. It shall be in order to con- ‘‘Amending Special Rules’’ states: ‘‘a refusal from Colorado (Mr. POLIS), pending sider as an original bill for the purpose of to order the previous question on such a rule which I yield myself such time as I amendment under the five-minute rule the [a special rule reported from the Committee may consume. During consideration of amendment in the nature of a substitute rec- on Rules] opens the resolution to amend- this resolution, all time yielded is for ommended by the Committee on Education ment and further debate.’’ (Chapter 21, sec- and the Workforce now printed in the bill. the purpose of debate only. tion 21.2) Section 21.3 continues: ‘‘Upon re- The committee amendment in the nature of jection of the motion for the previous ques- b 1345 a substitute shall be considered as read. All tion on a resolution reported from the Com- GENERAL LEAVE points of order against the committee mittee on Rules, control shifts to the Mem- amendment in the nature of a substitute are Ms. FOXX. Mr. Speaker, I ask unani- ber leading the opposition to the previous waived. No amendment to the committee mous consent that all Members have 5 question, who may offer a proper amendment amendment in the nature of a substitute legislative days to revise and extend or motion and who controls the time for de- shall be in order except those printed in part bate thereon.’’ their remarks. Clearly, the vote on the previous question A of the report of the Committee on Rules The SPEAKER pro tempore. Is there on a rule does have substantive policy impli- accompanying this resolution. Each such objection to the request of the gentle- cations. It is one of the only available tools amendment may be offered only in the order woman from North Carolina? for those who oppose the Republican major- printed in the report, may be offered only by There was no objection. ity’s agenda and allows those with alter- a Member designated in the report, shall be Ms. FOXX. Mr. Speaker, House Reso- native views the opportunity to offer an al- considered as read, shall be debatable for the lution 576 provides for a structured rule ternative plan. time specified in the report equally divided and controlled by the proponent and an op- providing for the consideration of H.R. Mr. SESSIONS. I yield back the bal- ponent, shall not be subject to amendment, 10, the Success and Opportunity ance of my time, and I move the pre- and shall not be subject to a demand for divi- through Quality Charter Schools Act. vious question on the resolution. sion of the question in the House or in the My colleagues on the House Edu- The SPEAKER pro tempore. The Committee of the Whole. All points of order cation and the Workforce Committee question is on ordering the previous against such amendments are waived. At the and I have been working to reauthorize question. conclusion of consideration of the bill for the Elementary and Secondary Edu- The question was taken; and the amendment the Committee shall rise and re- cation Act; and to that end, the House Speaker pro tempore announced that port the bill to the House with such amend- passed H.R. 5, the Student Success Act, ments as may have been adopted. Any Mem- the ayes appeared to have it. ber may demand a separate vote in the last July. Mr. POLIS. Mr. Speaker, on that I House on any amendment adopted in the Our efforts in reauthorization have demand the yeas and nays. Committee of the Whole to the bill or to the centered on four principles: reducing The yeas and nays were ordered. committee amendment in the nature of a the Federal footprint in education, em- The SPEAKER pro tempore. Pursu- substitute. The previous question shall be powering parents, supporting effective ant to clause 8 of rule XX, further pro- considered as ordered on the bill and amend- teachers, and restoring local control. ceedings on this question will be post- ments thereto to final passage without inter- H.R. 10, the Success and Opportunity poned. vening motion except one motion to recom- through Quality Charter Schools Act, mit with or without instructions. takes a small bipartisan step in the re- f SEC. 2. On any legislative day during the authorization process and ensures that ANNOUNCEMENT BY THE SPEAKER period from May 12, 2014, through May 16, local communities have the flexibility PRO TEMPORE 2014— (a) the Journal of the proceedings of the needed to meet the needs of their stu- The SPEAKER pro tempore. The previous day shall be considered as approved; dents. Chair would inform the House that, and While H.R. 5 is languishing in the pursuant to House Resolution 574, the (b) the Chair may at any time declare the Senate, the House remains committed Speaker has certified to the United House adjourned to meet at a date and time, to continuing its work and has broken States Attorney for the District of Co- within the limits of clause 4, section 5, arti- cle I of the Constitution, to be announced by out the charter school programs as an lumbia the refusal of Lois G. Lerner to the Chair in declaring the adjournment. area of agreement between House Re- provide testimony before the Com- SEC. 3. The Speaker may appoint Members publicans and Democrats. mittee on Oversight and Government to perform the duties of the Chair for the du- Despite good intentions, there is Reform. ration of the period addressed by section 2 of widespread agreement that the current

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H3962 CONGRESSIONAL RECORD — HOUSE May 8, 2014 law is no longer effectively serving stu- pose, but which are, by no means, fatal when it comes to instruction, sched- dents. My hope is that, after the House to the bill. The process fundamentally uling, time-on-task, policies, mission, passes H.R. 10 this week, our Senate works. and hours. Because they have site- colleagues will follow our lead and will Unfortunately, in this rule, we have based management, rather than being provide the same opportunity to their now had to alter the way that we are run by a larger entity like a district or Members to work together in a bipar- dealing with another unrelated, un- a State, they have the flexibility to do tisan, bicameral fashion and pass this paid-for effort, namely, a bill that what it takes to meet the needs of par- legislation. could add $155.5 billion to our deficit ents in their communities. Mr. Speaker, a few weeks ago, I had because of the extension of the R&D Public charter schools don’t charge the opportunity to visit a remarkable tax credit. tuition, nor do they have any entrance public school in Kernersville, North Essentially, under the initial effort, requirements, nor are they allowed to Carolina. In addition to preparing stu- the Republicans failed to waive their discriminate against students on any dents academically for college, the statutory PAYGO rules. What that basis. This bill goes a step further in North Carolina Leadership Academy, a means is that they failed to say: we ensuring transparency and account- charter school, is publicly committed don’t have to pay for this bill. They ability for charter schools to allay the to giving students ‘‘the opportunity to failed to say: this bill will add to the concerns of some on my side of the develop true leadership qualities and deficit. In a few moments, my col- aisle that they are not fully compliant become creative thinkers and problem- league, Mr. VAN HOLLEN, will explain with many of these areas. solvers while retaining a sense of re- what that means. The Charter Schools Program is a sponsibility for their families, their What the American people need to crucial lifeline for growing and repli- community, and their country.’’ know is that this rule prevents Con- cating successful models. Charter It was a privilege to spend time with gress from doing fake math, and it es- school programs are critical to ensur- the remarkable students and faculty of sentially acknowledges that the Repub- ing that every child in this country, re- this public charter school. I was truly lican proposal to extend the R&D tax gardless of ZIP code or economic back- impressed by their commitment to credit would be a deficit buster and in- ground, has access to a free, quality scholarship, by the leadership skills of crease our deficit by $155.5 billion. education, which is more important the students and by the remarkable It takes away any pretension that than ever in order for one to succeed in academic progress that was on display. somehow this bill would be paid for by the 21st century. All NCLA students in grades 7–12 par- some other mechanism; so while the I am proud to say that H.R. 10, which ticipate in Civil Air Patrol, a program amendments allowed in the content of will be considered under this rule, established by Congress in 1946 that the bill with regard to charter schools, passed the Committee on Education uses military-style uniforms, customs, which I will talk about in a moment, and the Workforce with a very strong, courtesies, ceremonies, and drill in are largely noncontroversial and enjoy bipartisan vote of 36–3. This is an ex- order to improve students’ leadership support from both sides of the aisle, ample of a bill that has gotten better skills, fitness, and character. the budgetary pretense that is removed every step of the way. This program is working. NCLA from this bill, which reveals that the A similar bill in the 112th Congress places a strong emphasis on family in- Republican proposal on the R&D tax passed overwhelmingly with over 350 volvement, and the level of commit- credit increases our deficit by $150 bil- votes. Better language with regard to ment demonstrated by parents, fami- lion, is a controversial element that charter schools was included in both lies, and the Piedmont community at now occurs in this same rule. the Republican version of the ESEA re- large was impressive. I now want to talk about the Success authorization, as well as in the Demo- H.R. 10 will empower States and local and Opportunity through Quality Char- cratic substitute. communities to replicate the success of ter Schools Act. This important bipar- Now, we have a stand-alone bill be- high-quality charter schools like NCLA tisan bill improves and modernizes the fore us which takes the very best of and encourage choice, innovation, and Federal Charter Schools Program. both, the bill that was in the Repub- excellence in education. I urge my col- We essentially established a 2.0 lican version and in the Democratic leagues to support this rule and the un- version 14 years later, in having version. It builds on it, and it creates a derlying bill. learned a lot about what works and Federal charter school program that, I reserve the balance of my time. doesn’t work in the field with regard to truly, Democrats and Republicans can Mr. POLIS. I thank the gentlelady public charter schools. We promote eq- be proud of as a legacy for the next from North Carolina for yielding me uity in opportunity for our students decade. the customary 30 minutes, and I yield across our country. Having founded two innovative pub- myself such time as I may consume. I am very pleased and honored that lic charter schools before I was elected Mr. Speaker, we had the opportunity many of the important aspects of the to Congress, I understand firsthand to have a clean rule around a bill that bipartisan bill that I have had the how the freedom to innovate and hav- I had the opportunity to work on, honor to lead, the All-STAR Act, have ing the flexibility to pursue a unique along with the gentlelady from North been included in this underlying bill, as mission can truly help serve all kids. Carolina and with our ranking member well as almost all of the priorities for Without the Federal charter school and chair, with regards to taking what the Democrats and Republicans. program, many charter schools across we can agree on in education, which is When Congress first authorized the our country wouldn’t even be able to reauthorizing the Federal Charter Charter Schools Program in 1994, char- get off the ground. We owe it to kids School Program. ter schools were very early in their ex- who are being underserved or who are We had similar language in both the istence. They were an emerging effort unserved today to be able to upgrade Republican ESEA reauthorization, as to encourage innovation in our public this program and ensure it can meet well as in the Democratic substitute. schools. the challenges of the 21st century. Most Republicans voted for the version Public charter schools with the abil- I reserve the balance of my time. that they had, and almost every Demo- ity to make site-based decisions—and Ms. FOXX. Mr. Speaker, I yield my- crat, except for two, voted for the that is essentially what charter schools self such time as I may consume. Democratic version. are, they are public schools with site- I want to take the opportunity to We were able to then work out the based management—now serve more thank my colleague from Colorado for very small differences between the two than 2 million students in 42 States the work that he has done on charter pieces of language with regard to char- and in the District of Columbia. schools, for understanding the very im- ter schools, present it before the entire Sadly, there are over 600,000 students portant nature of charter schools and House under a reasonable rule that al- who remain on public charter school for bringing his expertise to this issue. lows for a broad variety of amend- waiting lists, unable to attend the I also want to thank him for ac- ments—12 amendments—from both schools of their choice. knowledging the bipartisan effort that sides of the aisle, many of which im- The promise of public charter schools has gone into bringing this legislation prove the bill and some of which I op- is that they are free to be innovative to the floor and for the very good way

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — HOUSE H3963 that we have gone through regular So why is it here in this rule on char- Code. We think the R&D tax credit is a order to bring this bill to the floor. I ter schools, and why does it reference pro-growth policy, but subsidies to big appreciate that little history that he part B of the rule in front of us now, oil companies; no. has given us. which says that the budgetary effects And so, because our Republican col- I now would like to yield 2 minutes of this act shall not be entered on ei- leagues don’t want to pay for it in the to the gentleman from Washington ther the PAYGO scorecard—and it goes bill, they are going to increase the def- (Mr. REICHERT), my classmate and col- on to say some other things? icit. In fact, the rule yesterday waived league. Well, the PAYGO scorecard has noth- the rules of the House. Because the Mr. REICHERT. I thank the gentle- ing to do with charter schools. It does R&D tax credit bill was inconsistent lady for yielding. have something to do with the R&D tax with the Republicans’ own budget. Mr. Speaker, I support charter credit. And I want to explain to people The budget that was passed 3 or 4 schools—I want to be clear about what has happened here because it is weeks ago, it is inconsistent with it. that—and I support this bill. However, important that the public know. Even under the Enron accounting in I also believe that families should be Last night, we were scheduled to that budget, it throws it out of bal- able to choose schools within the pub- have the debate on a bill to extend the ance. Our Republican colleagues need lic system that best meet their needs. R&D tax credit law. We were all ready to know that. You are putting it on the When it comes to students’ edu- to go, and all of a sudden the debate credit card. At the end of the day, that cation, we definitely know that one stopped and the plug was pulled. means if you are not going to ask size does not fit all. The same is true And so I have got to say something Medicare to pay for it, which appar- for charter schools. Different systems for a second about this research and ently had been the original plan, you work better for different communities. tax development credit. are going to be cutting our kids’ edu- We agree that it is wrong when the I think the idea of extending the cation, you are going to be cutting re- administration forces its vision for R&D tax credit bill is broadly sup- search at places like the National In- education reform on the States ported. That is not the issue on the tax stitutes of Health that try to find cures through grant programs, like Race to credit bill. The issue is a permanent ex- and treatments for diseases. You are the Top, but that means it is equally tension that is not paid for. going to be letting the infrastructure wrong when Congress uses grant pro- There are a number of other bills of this country come to a halt. In fact, grams to do exactly the same thing. coming out of the Ways and Means the budget calls for allowing the trans- This bill seeks to force States to re- Committee. When you add them all up, portation trust fund to go insolvent. move existing caps on charter schools they add $310 billion to our deficit. Un- That is what happens when you by giving priority to grant applications paid for. Put it on our credit card. refuse to take fiscal responsibility and from States that do not have caps. It is kind of interesting, Mr. Speaker, pay for things. It was interesting to discover that By doing this, Congress is punishing because it was only about 3 or 4 weeks the plan last night was to allow the 20 States and Washington, D.C., whose ago that here on the floor of this House Medicare cut to go into effect to pay charter laws have caps, including my we had a debate on the Republican for it. We are glad we are not doing home State of Washington. budget and they told us the number There may be legitimate reasons that anymore. one priority was to reduce that deficit. these States have caps, but this bill The SPEAKER pro tempore. The Yet now we have a bunch of bills that doesn’t recognize that. Charter schools time of the gentleman has expired. say let’s put it on the credit card. for the sake of having charter schools Mr. POLIS. I yield the gentleman an And, Mr. Speaker, you know that at definitely is not the answer. It won’t additional 30 seconds. the end of the day, we all have to pay help students. Mr. VAN HOLLEN. We are glad that when we put it on our credit card. That is why I am extremely dis- after we called attention to that issue, We pointed out that if you don’t pay appointed that my bipartisan amend- our Republican colleagues realized that for it by closing some other special in- ment was not made in order. It would it was not a good idea to have an terest tax breaks, like tax breaks for have simply removed the provision across-the-board cut in Medicare to big oil companies, someone else is that punishes certain State-designed pay for business tax incentives. We are going to have to pay. charter systems, allowing States to glad they woke up to that fact. Now what we didn’t realize is that compete equally for grants. But the underlying report here is the Republican plan as of last night As the voice of the people, Congress going to remain the same. Putting $310 was to pay for the R&D tax credit ex- should do better than the unelected bu- billion on the credit card, someone has tension by cutting Medicare, Mr. reaucrats down the street at the Edu- got to pay. We should take the respon- Speaker. Because their failure to come cation Department. Let’s start saying sibility in this House to figure out how up with offsets in the bill meant that ‘‘no’’ to top-down education reform and we are going to do it. current law would continue in effect. ‘‘yes’’ to states’ rights. We put forward proposals as to how Mr. POLIS. Mr. Speaker, I am proud In the past, we have turned off the to do it. Unfortunately, despite having to yield 4 minutes to the gentleman trigger that says it is paid for by a se- passed a budget a couple of weeks ago, quester to a number of programs, the from Maryland (Mr. VAN HOLLEN), the they are now waiving their rules on distinguished ranking member of the biggest being Medicare. But our Repub- their own budget for these purposes. Committee on the Budget. lican colleagues didn’t turn it off. I look forward to the conversation So when they decided not to pay for later today. b 1400 the R&D tax credit in the bill and de- Ms. FOXX. Mr. Speaker, I yield my- Mr. VAN HOLLEN. Mr. Speaker, I cided not to turn off the sequester, self such time as I may consume. thank my colleague. what they were aiming for was to have Yesterday, our Democratic col- I want to start by congratulating the Medicare pay for that tax extender and leagues in the Rules Committee prop- bipartisan effort on the charter school to ask the people who depend on that erly notice that had the R&D bill bills. I thank Mr. POLIS for his leader- program to foot the bill for the R&D would have inadvertently triggered ship on that. And I wish that was all tax credit. automatic cuts to other programs to there was to say about this rule. Unfor- Well, Mr. Speaker, we blew the whis- offset the bill. We appreciate the spirit tunately, it is not. tle on that issue last night. We saw our of comity that existed and that You might think this rule was only colleagues go scampering back to the brought that to our attention. about charter schools. The title is, Rules Committee to change it. H. Res. 576 ensures that the bill oper- Success and Opportunity Through We will talk a little later today, but ates the way it was intended to oper- Quality Charter Schools Act. But then the bottom line is the same. When you ate. It was an inadvertent error. Ex- if you turn a couple pages in, you will put stuff on the credit card, someone cluding this bill from the PAYGO find in paragraph 13 a reference to H.R. pays the piper at the end of the day. scorecard will ensure that other pro- 4438. That is not the charter school We have proposed paying for it, in grams are not affected, which is con- bill. That is what we call the research part, by closing some of the wasteful sistent with the treatment of other tax and development tax credit bill. special interest tax loopholes in the bills.

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H3964 CONGRESSIONAL RECORD — HOUSE May 8, 2014 I would like to point out to our col- and a vote does just that by offering The SPEAKER pro tempore (Mr. leagues on the other side of the aisle more choice to parents and students MARCHANT). The time of the gentle- that the PAYGO amendment made by through the expanded use of charter woman has expired. H. Res. 576 is substantially identical to schools. Mr. POLIS. I yield the gentlelady an section 401 of Senator WYDEN’s extend- The Success and Opportunity additional 30 seconds. ers bill, S. 2260, the EXPIRE Act. How- Through Charter Schools Act will fa- Ms. JACKSON LEE. When we put for- ever, they have failed to point that cilitate the establishment of quality ward legislation that focuses on the out. charter schools and support innovation education of our children and the Statutory PAYGO was created by the and excellence in education. It also choices that our children can make, Democrats when they controlled Con- makes necessary improvements to balanced alongside of ensuring the lift- gress. Statutory PAYGO maintains a charter school programs to encourage ing of the boats of public education, we running tally of the cumulative deficit States, and those efforts already under- are in the right direction. impact for bills signed into law. If the way, to expand the use of charter I am delighted to support this legis- threshold is exceeded, a sequester is schools. lation. triggered to offset the excess. I want to thank Chairman KLINE and Ms. FOXX. Mr. Speaker, I yield my- When Republicans took control of the committee for their hard work, and self such time as I may consume. the House, we adopted a new rule I urge support for the rule and H.R. 10. As my colleague from North Carolina known as CUTGO, which requires that Mr. POLIS. Mr. Speaker, I am proud points out, support for school choice is any new direct spending be offset by to yield 2 minutes to the gentlewoman growing. A 2013 public opinion survey cuts to other direct spending programs. from Texas (Ms. JACKSON LEE). found that 73 percent of Americans We should reduce spending and re- (Ms. JACKSON LEE asked and was supported school choice, whereas 67 form our entitlement programs, Mr. given permission to revise and extend percent of Americans supported school Speaker. House Republicans have her remarks.) choice in 2010. shown we are willing to do so, and we Ms. JACKSON LEE. Mr. Speaker, I Forty-two States and the District of earnestly desire a partner in the Sen- am very pleased to come and join in an Columbia have passed legislation to ate and the White House to do just aspect of our bipartisan work that is support the funding of public charter that. But we should also grow our econ- working for children, and I thank the schools. They are becoming more pop- omy. This bill will help us do just that, Education Committee and Mr. POLIS ular. In the 2012–2013 academic year, and we hope we will find partners on for their leadership in focusing on the more than 500 new charter schools the other side of the aisle. idea that our children need the best opened across the country, which Again, I want to say that the PAYGO education. means there are now 6,200 charter amendment made by H. Res. 576 is sub- I also know the hearts of the Edu- schools in America and 2 million char- stantially identical to section 401 of cation Committee members and Mr. ter school students. Senator WYDEN’s extenders bill, S. 2260, POLIS in recognizing that public If recent growth continues, they will the EXPIRE Act. My guess is my col- schools are a valuable asset, having double in number by 2025 and will edu- leagues will be supporting that. been educated throughout my primary cate 4.6 million children. That amounts I now would like to turn our atten- and secondary education in public to 10 percent of all public school stu- tion back to the subject at hand, char- schools. We want to have the oppor- dents. ter schools, and I yield 2 minutes to my tunity to match excellence with excel- b 1415 distinguished colleague from North lence and to ensure that the oversight Carolina (Mr. HOLDING). allows for excellence. Another sign of their popularity is Mr. HOLDING. I thank the distin- So H.R. 10, the Success and Oppor- that charter schools have over 1 mil- guished gentlelady from my home tunity Through Quality Charter lion students on their wait lists. State for yielding me time. Schools Act, brings all of this together: H.R. 10 modernizes and streamlines Mr. Speaker, I rise to join my col- respecting teachers, holding children the current Charter Schools Program leagues in supporting this rule to bring to a higher standard, and giving them authorized under the Elementary and H.R. 10, the Success and Opportunity the necessary tools. Secondary Education Act to ensure Through Quality Charter Schools Act, I am glad that I had an amendment that States can support the replication to the floor. that will be in the manager’s amend- and expansion of high-quality charter Education is a key that can open the ment that deals with requiring the Sec- schools. door to opportunity, which is impor- retary to report issues regarding the These schools empower parents to tant to families across America, and age, race, and gender at charter play a more active role in their child’s especially those in my district in North schools, and also, the attrition and col- education, open doors for teachers to Carolina. lege acceptance. It has that same re- pioneer fresh teaching methods, en- Mr. Speaker, we know that a one- quirement for the teachers, as far as courage State and local innovation, size-fits-all approach to education sim- teacher attrition. That is important. and help students escape underper- ply never works for students, as stu- That is already in the manager’s forming schools. dents vary greatly in how they learn. amendment. H.R. 10 is a commonsense approach Because of this, I believe we should I also think more transparency and to updating the Charter Schools Pro- offer students and their parents every information to the parents on the Web gram by streamlining multiple charter possible opportunity to select a school sites concerning orientation materials, school programs, improving quality, that best fits their individual needs, enrollment curriculum, student dis- and promoting the growth of the char- their goals, and their aspirations. And, cipline, and behavior codes adds to this ter school sector at the State level. Mr. Speaker, neither a student’s ZIP legislation. In that, we can ensure that This bill benefits children, their par- Code nor circumstances should deter- there will be policies to prevent any ents, and—ultimately—our economy. mine the educational opportunities bullying or even to have bullying inter- By increasing the number of high-qual- available to them. vention so that our children can have a ity charter schools, more children will In my district, North Carolina’s 13th better quality of life. acquire the skills they need to succeed District, we have six charter schools This is a holistic approach to edu- in a competitive global economy. that are serving the local communities, cating our children. I believe the un- We owe it to our children to provide in addition to our quality public derlying bill speaks volumes that our them with the best education possible, schools in North Carolina. While devel- children are our most precious re- and that is what this bill was designed oping and expanding the use of charter source. I hope that, as we continue, we to do. schools is certainly not the only an- will be able to work on other items, For these reasons, I urge my col- swer to the education crisis facing our such as unemployment insurance and leagues to support this rule and the un- Nation, it is without a doubt a step in comprehensive immigration reform, derlying bill. the right direction. The rule before us because these are ways that we show Mr. Speaker, I reserve the balance of today to bring H.R. 10 up for debate America that we are working for them. my time.

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — HOUSE H3965 Mr. POLIS. Mr. Speaker, I yield my- sure that we don’t squander our lim- prevent them from making the best self such time as I may consume. ited resources on public charter schools education available to their students. How exciting that in a week here of that fail to meet the needs of their stu- Since 1965, Federal education funding partisan division with regard to dents. has tripled, yet student achievement Benghazi, with regard to Lois Lerner, We want to make sure that charter remains flat. More money is clearly with regard to a deficit-busting $155 school operators with a strong evidence not going to solve the challenges we billion tax expenditure, how exciting of student achievement and strong face in education. that Democrats and Republicans can management capacity are able to rep- Unfortunately, the Obama adminis- come together around something that licate and expand. That is why, under tration has refused to work with Con- is so important for the next generation this bill, we create incentives for gress to address these challenges and of American children—that is, making schools to achieve and replicate excel- has, instead, taken unprecedented ac- sure that our limited investment in lence by awarding grants directly to tion to further expand its authority public charter schools has the max- some of the highest performing public over America’s schools. imum positive impact on student charter schools in our country that are Through the President’s waiver achievement across our country. helping to allow more and more kids scheme and pet programs such as Race A 2013 study conducted by Stanford from at-risk backgrounds to achieve to the Top, the Secretary of Education University’s Center for Research on the American Dream. has granted himself complete discre- Educational Outcomes found that pub- This particular program, which was tion to use taxpayer dollars to coerce lic charter schools often outperform an important part of the bipartisan States into enacting the President’s their peers in traditional public All-STAR Act, helps to seed the growth preferred education reforms. schools, and many have demonstrated of high-performing public charter Adding insult to injury, President substantial progress in closing the schools in States that might otherwise Obama continues to push for more Fed- achievement gap. not meet the criteria. eral education spending, requesting a The study’s findings were particu- The gentleman from Washington staggering $82.3 billion in mandatory larly impressive for low-income stu- State mentioned that his State and and discretionary funds for the Depart- dents. The study found that low-in- some others have a cap. Well, very im- ment of Education in his fiscal year come students gained 14 additional portantly, even where a district or 2015 budget. days of learning in reading and 22 in State policy environment is not ideal Our children deserve better, Mr. math—compared to traditional school and, therefore, they might not be a pri- Speaker. It is past time to acknowl- peers—and English language learners ority for receiving grants that they ad- edge more taxpayer dollars and more gained 36 days of learning in reading minister, nevertheless, charter schools Federal intrusion cannot address the and in math. serving kids in those areas can receive challenges facing schools. What is clear, however, is just how grants because of the networks of char- H.R. 10 recognizes that local commu- public charter schools with site-based ter schools that are high performing in nities know their needs better than management have the ability to inno- States that might not have policies any bureaucrat in Washington and sup- vate and succeed. They also have the that are as open to charters as they ports the sharing of best practices ability to fail and do poorly. should be. among charter schools and traditional Not all charter schools are serving Mr. Speaker, what Democrats and public schools. Our students do better students well. Not all charter schools Republicans coming together shows the when educators work together to put meet their goal of serving at-risk stu- country, shows the public charter in place the best strategies to help stu- dents. That is why this bill improves school movement, shows the school dis- dents learn. transparency and accountability for tricts, is that a multistakeholder ap- Additionally, H.R. 10 specifically en- the public charter school sector as a proach can work for our country. courages charter schools to reach out whole, as well as for authorizers—that I want to thank the many individuals to at-risk students in their commu- is, the entity, usually a school district, who provided input on this important nities, as well as those who have dis- sometimes a State or special entity— bill, ranging from school districts to abilities or are English learners. that grants the charter, which is an- States to teachers’ unions, to charter Again, the local officials know best other word for contract, to the pro- school board members, to families who how to serve their communities, and vider of educational services at the are in charter schools, and families the Federal Government should not tie site-based level. who languish on waiting lists, wanting their hands as they work to make the Mr. Speaker, all public schools, re- their child to attend a better school. best decisions for their students. gardless of their governance structure, The result of this multiyear process I urge my colleagues, therefore, Mr. whether they are public magnet is a bill that reflects the very best poli- Speaker, to support this rule and the schools, whether they are neighbor- cies to upgrade the existing charter underlying bill. hood schools, whether they are public school authorization program, improve I reserve the balance of my time. charter schools, whether they are transparency and accountability for Mr. POLIS. Mr. Speaker, I would like schools of choice operated by a school public charter schools, ensure that our to inquire if the gentlelady has any re- district, every public school should live limited Federal resources are invested maining speakers. up to our promise of providing a qual- in schools that work and ensure that Ms. FOXX. We do not have further ity education; and every child should more kids, regardless of their geog- speakers, Mr. Speaker, but I do intend have access to a quality education that raphy and economic background, can to share some additional information allows them to succeed in the work- attend a school that prepares them to on this bill and the rule. force, in college, and in life. succeed in life. Mr. POLIS. Mr. Speaker, I am pre- In this era of constrained public re- Mr. Speaker, I reserve the balance of pared to close. I yield myself the bal- sources, we need to maximize the im- my time. ance of my time. pact of every dollar spent by making Ms. FOXX. Mr. Speaker, I yield my- Mr. Speaker, I want to talk a little sure that what we invest in works, and self such time as I may consume. bit about some of my experiences in that is exactly what this bill does. Unfortunately, over the last 4 dec- the charter school movement before It allows for investment in proven ades, the Federal Government’s role in joining this body. I had the oppor- models to expand and replicate success, elementary and secondary education tunity to found a public charter school, to serve more kids, many of whom were has increased dramatically. The De- New America School, now which has already on waiting lists and forced to partment of Education currently runs five campuses in Colorado and New attend a school that is worse than the more than 80 K–12 education programs, Mexico. I also had the opportunity to one that they seek to attend. This bill many of which overlap. cofound Academy of Urban Learning in will help alleviate those waiting lists. As a school board member, I saw how Denver, Colorado. It is important to focus our resources the vast reporting requirements for New America School seeks to meet and double down on public charter these Federal programs tie the hands the needs of English language learning schools that get great results and en- of State and local school leaders and students who are a little bit older—15,

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H3966 CONGRESSIONAL RECORD — HOUSE May 8, 2014 16, 18, 19—and far too often didn’t have Almost every Democrat and Repub- form lives, that we know can help that a place in the traditional public school lican in this entire body has already young kid attend college, get a good system. voted for this bill. A very similar, al- job and, guess what, maybe even serve Many of these students work jobs— most identical bill was in both the Re- in this august body someday. might work a day job, might work a publican ESEA reauthorization and the The most exciting thing about public night job. That means, if they work a Democratic alternative. education in this country is that there day job, the only school that would be This takes very few differences be- are examples of what works. You could a viable option for them would be an tween those versions, irons them out, take any at-risk demographic group, evening school. That is why New Amer- and has language that both Chairman whether they are English language ica school has flexible scheduling, al- KLINE and Ranking Member MILLER learners, whether they are low-income lowing students to attend day or night, agree builds upon the consensus that earners, whether they are in the most depending on their real-world life cir- was reached in each of those bills. remote rural part of our country or in cumstances. That is why I hope that this bill the poorest inner city area, and find an In addition, many of the young passes with strong bipartisan support. educational model that works. Some of women attending the school have There is a reason that we need strong them are run by school districts, as in young children of their own, and that bipartisan support. Unlike far too neighborhood schools; some are run by is a real-life need that, absent some many bills that we call single chamber school districts as schools of choice or kind of daycare reimbursement or bills that are considered in this body magnet schools; and some are run as daycare, many of them would not be and languish in the Senate—I under- public charter schools under a contract able to attend. stand much of the frustration of the in the school district or other author- So New America School offered majority party—this bill, with a re- izer. What we need to do to help make daycare reimbursement—in some sounding bipartisan vote, can be sent sure that more kids have access to op- cases, daycare—so that these young to the Senate, where a very nearly women could continue to attend school portunity is expand and replicate what identical bill has a growing number of and get a high school diploma. is already working in public education. bipartisan cosponsors with the message First and foremost, the focus of New That glimmer of hope, those shining is- that this body overwhelmingly sup- America School is to ensure that stu- lands of success and excellence with ports improving our public charter dents can learn to be fluent and lit- the passage of this bill, can serve more school program; and we encourage the erate in the English language, which is children in our country to ensure that Senate to take it up. so important to be able to succeed in more kids have access and more fami- That is why every Member of this today’s economy. lies have access to choose the public body’s vote, Mr. Speaker, is so impor- As a result of this innovative ap- schools that work for them. proach and the focus on meeting stu- tant on this bill. This bill will pass. I want to thank Ranking Member dent needs, thousands of students have This bill will have bipartisan support. MILLER, Chairman KLINE, and the ma- enrolled in the various campuses of the For any of my friends on the fence, jority and minority staff of the com- New America School. I was proud to this is our last great opportunity to mittee for working hard to craft a bi- not only found them, but to have leave a positive legacy of improving partisan bill without poison pills, with- served as superintendent for 2 years. quality of and accountable for public out gotchas, without partisanship, that I can honestly say that, absent this charter schools. recognizes the vital role that strong, Federal program, the title V grant, we b 1430 accountable, high-performing public would probably not have been able to AFT and NEA have acknowledged charter schools can play in educational get New America School off the that the stronger accountability in success. I was honored to work with ground. Like so many charter schools this bill will improve the quality and them and with the staff on this legisla- across the country, until the doors tion to improve, upgrade, and mod- open—and in that first year or two, accountability and transparency of charter schools, supported by charter ernize this critical program. when you are just beginning to add stu- I encourage my colleagues to under- school advocates as well as authorizers, dents, it is absolutely critical to be stand that this vote matters. We want like school districts. able to have this investment to open to ensure that this bill is not a single The multistakeholder approach that the doors. Chamber bill. We want to make sure Chairman KLINE and Ranking Member Over the medium and long term, the that this bill does not languish in the schools need to stand or fall on their MILLER have presided over is a model Senate. And the best way to do that is own. They need to succeed on their of how this body can come together to send a resounding vote, even strong- own and meet a market niche. We need around legislation that improves our er than the vote in the last Congress, to make sure that they are sound from country. I hope that not only this bill that in these times of partisan discord, a budgetary perspective, and this bill is taken up by the Senate after a Democrats and Republicans can come includes language that ups the bar on strong bipartisan vote in this body, but together around commonsense legisla- authorizers to do just that. I hope it serves as a model not only for tion that helps kids succeed and helps This bill passed the Education and what we can do in education, but what America’s neediest families send their the Work Force Committee with a 36–3 we can do on a number of pressing kids to a quality public school. This vote. I honestly can’t remember an- issues that address this country, bill will help maximize the impact of other bill that had such strong bipar- whether it is balancing our Federal every dollar invested by focusing on tisan support recently on that com- budget, whether it is reauthorizing the highest quality educational pro- mittee. It is similar to and actually Federal transportation programs or es- viders. represents an improvement from H.R. tablishing an infrastructure bank. I strongly urge my Democratic and 2218, which passed last Congress, 365–54. There is, in fact, a bipartisan way for- Republican colleagues to vote ‘‘yes’’ on This bill will improve charter school ward. That is the opportunity that my H.R. 10 and ensure that our limited access and services for students; en- friends and colleagues on both sides of Federal dollars go only to quality pro- sures that our limited Federal invest- the aisle have before us now. grams. ment supports the expansion and rep- Public charter schools are making a As we mentioned earlier, unfortu- lication of the very best high-quality difference for kids across our country nately, I cannot support this rule. The charter schools; requires more trans- every day. With a limited Federal role, rule contains a budgetary fix on an un- parency and accountability for charter we can ensure that they make an even related item. I am confident this rule schools; gives charter schools addi- bigger difference. The families that are will pass and allow for consideration of tional tools to continue to serve at- languishing on waiting lists have the the charter school bill and a reasonable risk kids pursuant to their mission, in- opportunity to send their kids to ex- set of amendments, and I wish that I cluding free and reduced lunch; as well pansion of an existing successful char- could support a rule that did just that. as ensuring that they have the tools ter school or the replication or a sec- But this bill does include $150 billion in they need to serve a pro rata number of ond campus of a charter school that we deficit spending which Democrats have special education kids. know works, that we know can trans- not agreed to.

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — HOUSE H3967 Public school choice is effective and Government to fund education, that urge my colleagues to vote in favor of empowering. Families know what is Congress has a responsibility to make this rule and the underlying bill. right for their children better than a strong effort to ensure that those Ms. JACKSON LEE. Mr. Speaker, I rise to politicians do and better than school who receive hardworking taxpayer speak during the House’s consideration of the district officials do; therefore, parents money are being held accountable for Rule for H.R. 10, the ‘‘Success and Oppor- should have the opportunity to choose how they use it. Washington should tunity through Quality Charter Schools Act.’’ the public school of their choice that live within its means, just as families The Success and Opportunity through Qual- meets the parents’ and the family’s all across this country do, and limited ity Charter Schools Act would revise the Char- need. resources require wise stewardship. ter School Program and the Public Charter H.R. 10 represents the very best This bill consolidates multiple fund- Schools of the Elementary and Secondary promise of bipartisanship in education. ing streams and grant programs that Education Act of 1965. For those that embrace school choice, support charter schools into the exist- The rule before the House will pave the way H.R. 10 rewards State policies that con- ing State grant program, eliminating a for the consideration of a legislative proposal tribute to public charter school suc- separate authorization for charter that consolidates two existing federal charter cess. For those who are skeptical of school facilities funding. It reduces the school programs into one: public charter schools, H.R. 10 builds in overall authorization for charter The Charter School Program, which sup- stronger protections for charter school school programs from $450 million to ports grants for charter school developers to oversight, transparency, and account- $300 million. By consolidating the fund- open new charter schools. The program also ability. There is something for every- ing streams into the existing State provides funds to disseminate best practices body in this bill. charter school program, the bill re- and provide state facilities aid to charter I urge my colleagues to vote ‘‘no’’ on moves authority from the Secretary of schools. The Charter School Credit Enhancement this rule but ‘‘yes,’’ ‘‘yes,’’ ‘‘yes’’ on Education to pick winners and losers Program assists charter schools in accessing the underlying bill. And I look forward and control the growth of the charter better credit terms to acquire and renovate fa- to continuing this tradition of biparti- school sector. This authority is placed cilities to operate a charter school. sanship, hopefully extending beyond largely in the hands of States, where it The rule will allow the consideration of the education to the other pressing na- belongs. bill that will create a new federal charter H.R. 10 promotes high-quality char- tional challenges we face. Through this schools program to promote high-quality char- ter schools by updating the Charter bill, we can improve access to great ter schools at the state and local level; and al- Schools Program to reflect the success schools for our Nation’s children. lows states to use federal funds to start new and growth of the charter school move- Mr. Speaker, I yield back the balance charter schools as well as expand and rep- ment. States are authorized to use of my time. licate existing high-quality charter schools. Ms. FOXX. Mr. Speaker, I want to funds under the program to support the The bill adds a new component—a Charter truly thank my colleague from Colo- replication and expansion of high-qual- Management Organization grant program to rado for his eloquent words of support ity charter schools in addition to sup- support the opening of additional charter for charter schools and for his past ef- porting new innovative charter school schools nationwide. forts in this area. I particularly want models. H.R. 10 establishes a new Charter School to thank him for urging the Senate to Mr. Speaker, my background as an Program that would consist of three parts: take up this legislation. As he well educator, school board member, moth- Grants to support high-quality charter knows, we have a lot of good legisla- er, and grandmother reinforces my be- schools will be awarded to a State Educational tion over in the Senate that has not lief that students are best served when Agency, the State Charter School Board, the been acted upon, and I hope this bill people at the local level are in control Governor, or a Charter School Support Orga- will have a better fate in the Senate of education decisions. I also believe nization. than other bills have had. that education is the most important Facilities Aid will be awarded to continue Mr. Speaker, it would be imprudent tool that Americans at any age can credit enhancement activities and support to have a conversation about education have. state facilities aid for charter schools. and the use of taxpayer money without I was the first person in my family to National Activities will allow the secretary of discussing the need for accountability. graduate from high school and went to education to operate a grant competition for Hardworking taxpayers want to see college, where I worked full-time and charter schools in states that did not win or their tax dollars being used in the best attended school part-time. It took me 7 compete for a state grant and a competition way possible and expect the Federal years to earn my bachelor’s degree, and for high quality CMOs. Government to be a wise steward of I continued to work my way through The legislation adds five new definitions: a their dollars. my master’s and doctoral degrees. ‘‘charter management organization, a charter H.R. 10 builds on the principle of From my own experience, I am con- support organization’’, a ‘‘high-quality charter local accountability by modernizing vinced this is the greatest country in school’’; the ‘‘expansion of a high-quality char- the Charter Schools Program to au- the world for many reasons, not the ter school’’; and a ‘‘replicable, high-quality thorize States to use the funding to least of which is that a person like me, charter school model.’’ replicate and expand high-quality char- who grew up extremely poor in a house H.R. 10 authorizes $300,000,000 for fiscal ter schools. The schools with proven with no electricity and no running years 2015 through 2020. The bill permits student success will have the oppor- water, with parents with very little state-determined weighted lotteries and allows tunity to offer those advantages to formal education and no prestige at all, students to continue in the school program of more students. could work hard and be elected to the their choice by clarifying students in affiliated States and local educators know United States House of Representa- charter schools can attend the next immediate their students best, and I urge my col- tives. grade in that network’s school. leagues to modernize Federal school No legislation is perfect, and that is JACKSON LEE AMENDMENTS TO H.R. 10 programs and respond to these needs why I look forward to working with my I have long supported the need for better by supporting both this rule and the colleagues to address their concerns data on the experiences of children that Con- underlying bill. and improve this legislation through gress could use when deliberating on legisla- Mr. Speaker, many of my Republican the amendment process. However, I tive measures intended to benefit our young- colleagues and I would prefer we abide have never been one to let the perfect est citizens. by the Constitution and take the Fed- be the enemy of the good. And while The Education and Workforce Committee in- eral Government out of education alto- H.R. 10 isn’t perfect, it is a step in the cluded language in the amendment in the form gether, but that is not what we are rec- right direction of empowering parents, of a substitute for the bill that reflected an ommending here today because we teachers, and local school districts, and amendment I had intended to offer as a sepa- know we can’t achieve that goal. My increasing school choice and giving rate amendment. The language reflects the in- assumption, though, is that all Mem- other young people the same opportu- tent of my amendment by adding rates of stu- bers of Congress—all Members of Con- nities that I and others have had to im- dent attrition as a measure to be considered gress—agree that as long as taxpayer prove our lot in life. That is why I am by charter school authorizers in monitoring the money is being used by the Federal a supporter of this legislation, and I successes of schools.

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00025 Fmt 4634 Sfmt 9920 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H3968 CONGRESSIONAL RECORD — HOUSE May 8, 2014 Attrition data would help us better under- bill’s objective is to reduce and prevent bul- Ms. FOXX. Mr. Speaker, I yield back stand the impact of charter schools on student lying and establish best practices for all activi- the balance of my time, and I move the retention. It would also bring additional trans- ties that are likely to help reduce bullying previous question on the amendment parency regarding the drivers of attrition among young people. and on the resolution. issues such as discipline, counseling, drop- This year a million children will be teased, The SPEAKER pro tempore. The outs, bullying, as well as the impact of learn- taunted, and physically assaulted by their question is on ordering the previous ing disabilities like dyslexia on student reten- peers. Bullying is the most common form of vi- question on the amendment and on the tion. olence faced by our Nation’s youth. resolution. Although the data reporting is not manda- The frequency and intensity of bullying that The previous question was ordered. tory, it is my hope that charter school districts young people face are astounding: 1 in 7 stu- The SPEAKER pro tempore. The and charter schools will take up the challenge dents in grades K–12 is either a bully or a vic- question is on the amendment offered of providing hard data to make the case for tim of bullying; 90% of 4th to 8th grade stu- by the gentlewoman from North Caro- their approaches to education. dents report being victims of bullying of some lina (Ms. FOXX). I offered two amendments for consideration type, 56% of students have personally wit- The amendment was agreed to. by the House Rules Committee that would nessed some type of bullying at school; 71% The SPEAKER pro tempore. The strengthen the legislative goals of H.R. 10. of students report incidents of bullying as a question is on the resolution, as The amendments were simple and were an problem at their school; 15% of all students amended. important addition to this strong bipartisan ef- who don’t show up for school report it to being The question was taken; and the out of fear of being bullied while at school; 1 fort from the Education and Workforce Com- Speaker pro tempore announced that out of 20 students has seen a student with a mittee to bring clarity and improve trans- the ayes appeared to have it. gun at school; 282,000 students are physically parency of charter schools in communities Mr. POLIS. Mr. Speaker, on that I attacked in secondary schools each month. around the Nation. demand the yeas and nays. Consequences of bullying: 15% of all school JACKSON LEE AMENDMENT NO. 1 absenteeism is directly related to fears of The yeas and nays were ordered. The Jackson Lee amendment made in order being bullied at school; According to bullying The SPEAKER pro tempore. Pursu- by the Rules Committee for debate of this bill statistics, 1 out of every 10 students who ant to clause 8 of rule XX, further pro- directs State Education Agencies that award drops out of school does so because of re- ceedings on this question will be post- Federally funded grants to charter schools to peated bullying; Suicides linked to bullying are poned. work with those schools so that they provide the saddest statistic. information on their websites regarding stu- f Statistics on Gun Violence: Homicide is the dent recruitment, orientation materials, enroll- 2nd leading cause of death for young people RECESS ment criteria, student discipline policies, be- ages 15 to 24 years old; Homicide is the lead- The SPEAKER pro tempore. Pursu- havior codes, and parent contract require- ing cause of death for African Americans be- ant to clause 12(a) of rule I, the Chair ments, which should include any financial obli- tween ages 10 and 24; Thirteen young people declares the House in recess subject to gations such as fees for tutoring, and extra- from ages 10–24 become victims of homicide the call of the Chair. curricular activities. every day; 82.8% of those youths were killed Accordingly (at 2 o’clock and 42 min- This Amendment will make it possible for with a firearm; Every 30 minutes, a child or utes p.m.), the House stood in recess. parents to learn more about how schools deal teenager in America is injured by a gun; Every f with important education issues such as aca- 3 hours and 15 minutes, a child or teenager demic performance, enrichment programs, and loses their life to a firearm; In 2010, 82 chil- b 1520 quality of education life issues like reasonable dren under 5 years of age lost their lives due accommodations for students with learning to guns; One of four high school males report- AFTER RECESS disabilities like dyslexia or physical disabilities. edly carry a weapon to school, with 8.6% of The recess having expired, the House Many charter schools already provide this reportedly carry a gun; 87% of youth said was called to order by the Speaker pro information, and the amendment would sup- shootings are motivated by a desire to ‘‘get tempore (Mr. MARCHANT) at 3 o’clock port this good transparency practice. This back at those who have hurt them,’’ and 86% and 20 minutes p.m. Jackson Lee amendment is good for parents said, ‘‘other kids picking on them, making fun f and for charter schools because parents of them or bullying them’’ causes teenagers to would have access to information that helps turn to lethal violence in the schools; In 2011, MESSAGE FROM THE PRESIDENT them make education decisions for their chil- over 707,000 young people, aged 10 to 24 dren; and charter schools would speak to a A message in writing from the Presi- years, had to be rushed to the emergency dent of the United States was commu- larger audience regarding their education pro- room as a result of physical assault injuries. grams. nicated to the House by Mr. Pate, one I strongly believe that where our children of his secretaries. JACKSON LEE AMENDMENT NO. 2 are concerned, Congress is in a unique posi- The second Jackson Lee amendment was a tion to advocate on their behalf in an effective f ‘‘Sense of the Congress’’ on the promotion of, and forceful way. Letting children know by our ANNOUNCEMENT BY THE SPEAKER and support for anti-bullying programs in char- actions that members of Congress consider PRO TEMPORE ter schools, including those serving rural com- the lives of children and their experience to be munities. of the utmost importance would help them in The SPEAKER pro tempore. Pursu- I regret that this amendment was not made countless ways. ant to clause 8 of rule XX, proceedings in order by the Rules Committee because the We cannot gamble with our children’s fu- will resume on questions previously prevention of bullying is one of the most chal- ture, and ultimately the future of our nation. I postponed. lenging problems focusing school officials. am committed to finding ways to make sure Votes will be taken in the following I am disappointed that the Rules Committee that education is as valued as national de- order: did not make this amendment in order for con- fense—because education is crucial to our na- Adoption of House Resolution 576, as sideration under this bill. tion’s global success in all areas. amended; I introduced H.R. 2585, the Juvenile Ac- Mr. Speaker, I yield back the balance of my The previous question on House Res- countability Block Grant Reauthorization and time. Thank you. olution 575; the Bullying Prevention and Intervention Act of AMENDMENT OFFERED BY MS. FOXX Adoption of House Resolution 575, if 2013 because of the unresolved national epi- Ms. FOXX. Mr. Speaker, with that, I ordered; and demic of school bullying. This anti-bullying bill offer an amendment to the resolution. The motion to suspend the rules on amends the Omnibus Crime Control and Safe The SPEAKER pro tempore. The H.R. 2548. Streets Act of 1968 by expanding the juvenile Clerk will report the amendment. The first electronic vote will be con- accountability block grant program with re- The Clerk read as follows: ducted as a 15-minute vote. Remaining spect to programs for the prevention of bul- I. section 6, add ‘‘at the end of the bill’’ be- electronic votes will be conducted as 5- lying to include intervention programs. The fore the period. minute votes.

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — HOUSE H3969 PROVIDING FOR CONSIDERATION Rooney Sinema Walberg Mr. COSTA changed his vote from OF H.R. 10, SUCCESS AND OPPOR- Ros-Lehtinen Smith (MO) Walden ‘‘nay’’ to ‘‘yea.’’ Roskam Smith (NE) Walorski TUNITY THROUGH QUALITY Ross Smith (NJ) Weber (TX) So the resolution, as amended, was CHARTER SCHOOLS ACT; RELAT- Rothfus Smith (TX) Webster (FL) agreed to. ING TO CONSIDERATION OF H.R. Royce Southerland Wenstrup The result of the vote was announced 4438, AMERICAN RESEARCH AND Runyan Stewart Westmoreland as above recorded. Ryan (WI) Stivers Whitfield COMPETITIVENESS ACT OF 2014; Salmon Stockman A motion to reconsider was laid on Williams Sanford Stutzman the table. AND FOR OTHER PURPOSES Wilson (SC) Scalise Terry Wittman f The SPEAKER pro tempore. The un- Schock Thompson (PA) finished business is the vote on adop- Schweikert Thornberry Wolf PROVIDING FOR CONSIDERATION Womack tion of the resolution (H. Res. 576) pro- Scott, Austin Tiberi OF H. RES. 567, ESTABLISHING Sensenbrenner Tipton Woodall viding for consideration of the bill Sessions Turner Yoder SELECT COMMITTEE ON THE (H.R. 10) to amend the Charter School Shimkus Upton Yoho EVENTS SURROUNDING THE 2012 Program under the Elementary and Shuster Valadao Young (AK) TERRORIST ATTACK IN Secondary Education Act of 1965; relat- Simpson Wagner Young (IN) BENGHAZI ing to consideration of the bill (H.R. NAYS—178 The SPEAKER pro tempore. The un- 4438) to amend the Internal Revenue Barrow (GA) Green, Al Neal finished business is the vote on order- Code of 1986 to simplify and make per- Beatty Green, Gene Negrete McLeod ing the previous question on the reso- manent the research credit; and for Becerra Grijalva Nolan Bera (CA) Gutie´rrez O’Rourke lution (H. Res. 575) providing for con- other purposes, as amended, on which Bishop (NY) Hahn Owens sideration of the resolution (H. Res. the yeas and nays were ordered. Blumenauer Hanabusa Pallone 567) providing for the Establishment of The Clerk read the title of the resolu- Bonamici Hastings (FL) Pascrell the Select Committee on the Events tion. Brady (PA) Heck (WA) Pastor (AZ) Braley (IA) Higgins Payne Surrounding the 2012 Terrorist Attack The SPEAKER pro tempore. The Brown (FL) Himes Perlmutter in Benghazi, on which the yeas and question is on the resolution, as Brownley (CA) Hinojosa Peterson nays were ordered. amended. Bustos Holt Pingree (ME) The Clerk read the title of the resolu- Butterfield Honda Pocan The vote was taken by electronic de- Capps Horsford Polis tion. vice, and there were—yeas 232, nays Capuano Hoyer Price (NC) The SPEAKER pro tempore. The 178, not voting 21, as follows: Ca´ rdenas Huffman Quigley question is on ordering the previous Carney Israel Rahall [Roll No. 205] question. Carson (IN) Jackson Lee Richmond This is a 5-minute vote. YEAS—232 Cartwright Jeffries Roybal-Allard Castor (FL) Johnson (GA) Ruiz The vote was taken by electronic de- Aderholt Flores LoBiondo Castro (TX) Johnson, E. B. Ruppersberger vice, and there were—yeas 223, nays Amash Forbes Long Chu Kaptur Ryan (OH) Amodei Fortenberry Lucas 192, not voting 16, as follows: Cicilline Keating Sa´ nchez, Linda Bachus Foxx Luetkemeyer [Roll No. 206] Clark (MA) Kennedy T. Barber Franks (AZ) Lummis Clarke (NY) Kildee Sanchez, Loretta YEAS—223 Barletta Frelinghuysen Maffei Clay Kilmer Sarbanes Barr Gardner Marchant Aderholt Fitzpatrick Kinzinger (IL) Cleaver Kind Schakowsky Barton Garrett Marino Amash Fleischmann Kline Clyburn Kirkpatrick Schiff Benishek Gerlach Massie Amodei Fleming Labrador Cohen Kuster Schneider Bentivolio Gibbs McCarthy (CA) Bachus Flores LaMalfa Connolly Langevin Schrader Bilirakis Gibson McCaul Barletta Forbes Lamborn Conyers Larsen (WA) Scott (VA) Bishop (UT) Gingrey (GA) McClintock Barr Fortenberry Lance Courtney Larson (CT) Serrano Black Gohmert McHenry Barton Foxx Lankford Crowley Levin Sewell (AL) Blackburn Goodlatte McIntyre Benishek Franks (AZ) Latham Cuellar Lewis Shea-Porter Boustany Gosar McKeon Bentivolio Frelinghuysen Latta Cummings Lipinski Sherman Brady (TX) Gowdy McKinley Bilirakis Gardner LoBiondo Davis (CA) Loebsack Sires Bridenstine Granger McMorris Bishop (UT) Garrett Long Davis, Danny Lofgren Slaughter Brooks (AL) Graves (GA) Rodgers Black Gerlach Lucas DeFazio Lowenthal Smith (WA) Brooks (IN) Graves (MO) Meadows Blackburn Gibbs Luetkemeyer Delaney Lowey Speier Broun (GA) Griffin (AR) Meehan Boustany Gibson Lummis DelBene Lujan Grisham Swalwell (CA) Buchanan Griffith (VA) Messer Brady (TX) Gingrey (GA) Marchant Deutch (NM) Takano Bucshon Grimm Mica Bridenstine Gohmert Marino Dingell Luja´ n, Ben Ray Thompson (CA) Burgess Guthrie Miller (FL) Brooks (AL) Goodlatte Massie Doggett (NM) Thompson (MS) Byrne Hall Miller (MI) Brooks (IN) Gosar McCarthy (CA) Doyle Lynch Tierney Calvert Hanna Miller, Gary Broun (GA) Gowdy McCaul Duckworth Maloney, Titus Camp Harper Moran Buchanan Granger McClintock Edwards Carolyn Tonko Campbell Harris Mullin Bucshon Graves (GA) McHenry Ellison Maloney, Sean Tsongas Cantor Hartzler Mulvaney Burgess Graves (MO) McKeon Engel Matheson Van Hollen Capito Hastings (WA) Murphy (PA) Byrne Griffin (AR) McKinley Enyart Matsui Vargas Carter Heck (NV) Neugebauer Calvert Griffith (VA) McMorris Eshoo McCarthy (NY) Veasey Cassidy Hensarling Noem Camp Grimm Rodgers Esty McCollum Vela Chabot Herrera Beutler Nugent Campbell Guthrie Meadows Farr McDermott Vela´ zquez Chaffetz Holding Nunes Cantor Hall Meehan Fattah McGovern Visclosky Coffman Hudson Olson Capito Hanna Messer Foster McNerney Walz Cole Huelskamp Palazzo Carter Harper Mica Frankel (FL) Meng Wasserman Collins (GA) Huizenga (MI) Paulsen Cassidy Harris Miller (FL) Fudge Michaud Schultz Collins (NY) Hultgren Pearce Chabot Hartzler Miller (MI) Gabbard Miller, George Waters Conaway Hunter Perry Chaffetz Hastings (WA) Miller, Gary Gallego Moore Waxman Cook Hurt Peters (CA) Coffman Heck (NV) Mullin Garamendi Murphy (FL) Welch Cooper Issa Peters (MI) Cole Hensarling Mulvaney Garcia Nadler Wilson (FL) Costa Jenkins Petri Collins (GA) Herrera Beutler Murphy (PA) Grayson Napolitano Yarmuth Cotton Johnson (OH) Pittenger Collins (NY) Holding Neugebauer Conaway Hudson Noem Cramer Johnson, Sam Pitts NOT VOTING—21 Crenshaw Jolly Poe (TX) Cook Huelskamp Nugent Daines Jones Pompeo Bachmann DeLauro Nunnelee Cotton Huizenga (MI) Nunes Davis, Rodney Jordan Posey Bass Duffy Pelosi Cramer Hultgren Olson Denham Joyce Price (GA) Bishop (GA) Kelly (IL) Rangel Crenshaw Hunter Palazzo Dent Kelly (PA) Reichert Coble Kingston Reed Daines Hurt Paulsen DeSantis King (IA) Renacci Crawford Lee (CA) Rush Davis, Rodney Issa Pearce DesJarlais King (NY) Ribble Culberson McAllister Schwartz Denham Jenkins Perry Diaz-Balart Kinzinger (IL) Rice (SC) DeGette Meeks Scott, David Dent Johnson (OH) Petri Duncan (SC) Kline Rigell DeSantis Johnson, Sam Pittenger DesJarlais Jolly Pitts Duncan (TN) Labrador Roby b 1547 Ellmers LaMalfa Roe (TN) Diaz-Balart Jones Poe (TX) Farenthold Lamborn Rogers (AL) Duncan (SC) Jordan Pompeo Mr. TAKANO, Mrs. DAVIS of Cali- Duncan (TN) Joyce Posey Fincher Lance Rogers (KY) fornia, and Mr. MURPHY of Florida Fitzpatrick Lankford Rogers (MI) Ellmers Kelly (PA) Price (GA) Fleischmann Latham Rohrabacher changed their vote from ‘‘yea’’ to Farenthold King (IA) Reichert Fleming Latta Rokita ‘‘nay.’’ Fincher King (NY) Renacci

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H3970 CONGRESSIONAL RECORD — HOUSE May 8, 2014 Ribble Schweikert Upton b 1554 Womack Yoder Young (AK) Rice (SC) Scott, Austin Valadao Woodall Yoho Young (IN) Rigell Sensenbrenner Wagner So the previous question was ordered. NAYS—192 Roby Sessions Walberg The result of the vote was announced Roe (TN) Shimkus Walden as above recorded. Barrow (GA) Green, Gene Neal Rogers (AL) Shuster Walorski Bass Grijalva Negrete McLeod Rogers (KY) Simpson Weber (TX) The SPEAKER pro tempore. The Beatty Gutie´rrez Nolan Rogers (MI) Smith (MO) Webster (FL) question is on the resolution. Becerra Hahn O’Rourke Rohrabacher Smith (NE) Wenstrup The question was taken; and the Bera (CA) Hanabusa Owens Rokita Smith (NJ) Westmoreland Bishop (NY) Hastings (FL) Pallone Speaker pro tempore announced that Blumenauer Heck (WA) Rooney Smith (TX) Whitfield Pascrell the ayes appeared to have it. Bonamici Higgins Ros-Lehtinen Southerland Williams Pastor (AZ) Brady (PA) Himes Roskam Stewart Wilson (SC) Ms. SLAUGHTER. Mr. Speaker, on Payne Ross Stivers Braley (IA) Hinojosa Wittman that I demand the yeas and nays. Perlmutter Rothfus Stockman Brown (FL) Holt Wolf Peters (CA) Royce Stutzman The yeas and nays were ordered. Brownley (CA) Honda Peters (MI) Womack Runyan Terry The SPEAKER pro tempore. This is a Bustos Horsford Peterson Woodall Ryan (WI) Thompson (PA) 5-minute vote. Butterfield Hoyer Pingree (ME) Yoder Capps Huffman Salmon Thornberry The vote was taken by electronic de- Pocan Sanford Tiberi Yoho Capuano Israel Polis ´ Scalise Tipton Young (AK) vice, and there were—yeas 224, nays Cardenas Jackson Lee Price (NC) Schock Turner Young (IN) 192, not voting 15, as follows: Carney Jeffries Quigley Carson (IN) Johnson (GA) [Roll No. 207] Rahall NAYS—192 Cartwright Johnson, E. B. Rangel YEAS—224 Castor (FL) Kaptur Richmond Barber Green, Gene Neal Castro (TX) Keating Roybal-Allard Barrow (GA) Grijalva Negrete McLeod Aderholt Graves (GA) Paulsen Chu Kelly (IL) Ruiz Bass Gutie´rrez Nolan Amash Graves (MO) Pearce Cicilline Kennedy Ruppersberger Beatty Hahn Amodei Griffin (AR) Perry Clark (MA) Kildee O’Rourke Ryan (OH) Becerra Hanabusa Bachus Griffith (VA) Petri Clarke (NY) Kilmer Owens Sa´ nchez, Linda Bera (CA) Hastings (FL) Barber Grimm Pittenger Clay Kind Pallone T. Bishop (NY) Heck (WA) Barletta Guthrie Pitts Cleaver Kirkpatrick Pascrell Sanchez, Loretta Blumenauer Higgins Barr Hall Poe (TX) Clyburn Kuster Pastor (AZ) Sarbanes Bonamici Himes Barton Hanna Pompeo Cohen Langevin Payne Schakowsky Brady (PA) Hinojosa Benishek Harper Posey Connolly Larsen (WA) Perlmutter Schiff Braley (IA) Holt Bentivolio Harris Price (GA) Conyers Larson (CT) Peters (CA) Bilirakis Hartzler Schneider Brown (FL) Honda Reichert Cooper Lee (CA) Peters (MI) Bishop (UT) Hastings (WA) Schrader Brownley (CA) Horsford Renacci Costa Levin Peterson Black Heck (NV) Scott (VA) Bustos Hoyer Ribble Courtney Lewis Pingree (ME) Blackburn Hensarling Serrano Butterfield Huffman Pocan Rice (SC) Crowley Lipinski Capps Israel Boustany Herrera Beutler Cuellar Loebsack Sewell (AL) Polis Brady (TX) Holding Rigell Shea-Porter Capuano Jackson Lee Price (NC) Roby Cummings Lofgren Ca´ rdenas Jeffries Bridenstine Hudson Davis (CA) Lowenthal Sherman Quigley Brooks (AL) Huelskamp Roe (TN) Sinema Carney Johnson (GA) Rahall Rogers (AL) Davis, Danny Lowey Carson (IN) Johnson, E. B. Brooks (IN) Huizenga (MI) Sires Rangel Rogers (KY) DeFazio Lujan Grisham Cartwright Kaptur Broun (GA) Hultgren Slaughter Richmond Rogers (MI) Delaney (NM) Castor (FL) Keating Buchanan Hunter DeLauro Luja´ n, Ben Ray Smith (WA) Roybal-Allard Rohrabacher Castro (TX) Kelly (IL) Bucshon Hurt DelBene (NM) Speier Ruiz Rokita Chu Kennedy Burgess Issa Swalwell (CA) Ruppersberger Deutch Lynch Cicilline Kildee Byrne Jenkins Rooney Takano Ryan (OH) Dingell Maffei Clark (MA) Kilmer Calvert Johnson (OH) Ros-Lehtinen Thompson (CA) Sa´ nchez, Linda Doggett Maloney, Clarke (NY) Kind Camp Johnson, Sam Roskam Thompson (MS) T. Doyle Carolyn Clay Kirkpatrick Campbell Jolly Ross Duckworth Tierney Sanchez, Loretta Maloney, Sean Cleaver Kuster Cantor Jones Rothfus Edwards Matheson Titus Sarbanes Clyburn Langevin Capito Jordan Royce Ellison Matsui Tonko Schakowsky Cohen Larsen (WA) Carter Joyce Runyan Engel McCarthy (NY) Tsongas Schiff Connolly Larson (CT) Cassidy Kelly (PA) Ryan (WI) Enyart McCollum Van Hollen Schneider Conyers Lee (CA) Chabot King (IA) Salmon Eshoo McDermott Vargas Schrader Cooper Levin Chaffetz King (NY) Sanford Esty McGovern Veasey Scott (VA) Costa Lewis Coffman Kinzinger (IL) Scalise Farr McIntyre Vela Serrano Courtney Lipinski Cole Kline Schock Fattah McNerney Vela´ zquez Sewell (AL) Collins (GA) Labrador Crowley Loebsack Schweikert Foster Meeks Visclosky Shea-Porter Collins (NY) LaMalfa Cuellar Lofgren Scott, Austin Frankel (FL) Meng Walz Sherman Conaway Lamborn Cummings Lowenthal Sensenbrenner Fudge Michaud Wasserman Sinema Cook Lance Davis (CA) Lowey Sessions Gabbard Miller, George Schultz Davis, Danny Lujan Grisham Sires Cotton Lankford Gallego Moore Waters Slaughter Cramer Latham Shimkus DeFazio (NM) Shuster Garamendi Moran Waxman Delaney Luja´ n, Ben Ray Smith (WA) Crenshaw Latta Garcia Murphy (FL) Welch Speier Daines LoBiondo Simpson DeLauro (NM) Smith (MO) Grayson Nadler Wilson (FL) DelBene Lynch Swalwell (CA) Davis, Rodney Long Smith (NE) Green, Al Napolitano Yarmuth Deutch Maffei Takano Denham Lucas Smith (NJ) Dingell Maloney, Thompson (CA) Dent Luetkemeyer NOT VOTING—15 DeSantis Lummis Smith (TX) Doggett Carolyn Thompson (MS) Bachmann DeGette Pelosi DesJarlais Marchant Southerland Doyle Maloney, Sean Tierney Bishop (GA) Duffy Reed Diaz-Balart Marino Stewart Duckworth Matheson Titus Coble Kingston Rush Duncan (SC) Massie Stivers Edwards Matsui Tonko Crawford McAllister Schwartz Duncan (TN) McCarthy (CA) Stockman Ellison McCarthy (NY) Tsongas Culberson Nunnelee Scott, David Engel McCollum Van Hollen Ellmers McCaul Stutzman Enyart McDermott Vargas Farenthold McClintock Terry b 1602 Eshoo McGovern Veasey Fincher McHenry Thompson (PA) Esty McIntyre Vela Fitzpatrick McKeon Thornberry Ms. DUCKWORTH and Mr. GARCIA Farr McNerney Vela´ zquez Fleischmann McKinley Tiberi changed their vote from ‘‘yea’’ to Foster Meeks Visclosky Fleming McMorris Tipton Flores Rodgers ‘‘nay.’’ Frankel (FL) Meng Walz Turner So the resolution was agreed to. Fudge Michaud Wasserman Forbes Meadows Upton Fortenberry Meehan Gabbard Miller, George Schultz Valadao The result of the vote was announced Foxx Messer Gallego Moore Waters Wagner as above recorded. Franks (AZ) Mica Garamendi Moran Waxman Walberg A motion to reconsider was laid on Garcia Murphy (FL) Welch Frelinghuysen Miller (FL) Gardner Miller (MI) Walden the table. Grayson Nadler Wilson (FL) Walorski Green, Al Napolitano Yarmuth Garrett Miller, Gary f Gerlach Mullin Weber (TX) Webster (FL) NOT VOTING—16 Gibbs Mulvaney ELECTRIFY AFRICA ACT OF 2014 Gibson Murphy (PA) Wenstrup Bachmann Duffy Reed Gingrey (GA) Neugebauer Westmoreland The SPEAKER pro tempore. The un- Bishop (GA) Fattah Rush Gohmert Noem Whitfield finished business is the vote on the mo- Coble Kingston Schwartz Goodlatte Nugent Williams tion to suspend the rules and pass the Crawford McAllister Scott, David Gosar Nunes Wilson (SC) Culberson Nunnelee Gowdy Olson Wittman bill (H.R. 2548) to establish a com- DeGette Pelosi Granger Palazzo Wolf prehensive United States Government

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — HOUSE H3971 policy to assist countries in sub-Saha- Pocan Schneider Tonko cluding renewable energy, for more Polis Schock Tsongas ran Africa to develop an appropriate Price (NC) Schrader Upton broadly distributed electricity access mix of power solutions for more broad- Quigley Scott (VA) Valadao in order to support poverty reduction, ly distributed electricity access in Rangel Sensenbrenner Van Hollen promote development outcomes, and order to support poverty alleviation Reichert Serrano Vargas drive economic growth, and for other Renacci Sewell (AL) Veasey and drive economic growth, and for Ribble Shea-Porter Vela purposes.’’. other purposes, as amended, on which Richmond Sherman Vela´ zquez A motion to reconsider was laid on the yeas and nays were ordered. Roby Simpson Visclosky the table. Rogers (MI) Sinema Wagner The Clerk read the title of the bill. Rokita Sires Walberg f The SPEAKER pro tempore. The Rooney Slaughter Walden b 1615 question is on the motion offered by Ros-Lehtinen Smith (NJ) Walz the gentleman from California (Mr. Roskam Smith (WA) Wasserman ESTABLISHING SELECT COM- Ross Southerland Schultz MITTEE ON THE EVENTS SUR- ROYCE) that the House suspend the Roybal-Allard Speier Waters rules and pass the bill, as amended. Royce Stockman Waxman ROUNDING THE 2012 TERRORIST This is a 5-minute vote. Ruiz Swalwell (CA) Welch ATTACK IN BENGHAZI Runyan Takano Williams The vote was taken by electronic de- Ruppersberger Terry Wilson (FL) Mr. SESSIONS. Mr. Speaker, pursu- vice, and there were—yeas 297, nays Ryan (OH) Thompson (CA) Wilson (SC) ant to House Resolution 575, I call up 117, not voting 17, as follows: Sa´ nchez, Linda Thompson (MS) Wolf the resolution (H. Res. 567) providing T. Thompson (PA) Yarmuth [Roll No. 208] for the Establishment of the Select Sanchez, Loretta Thornberry Yoder Committee on the Events Surrounding YEAS—297 Sarbanes Tiberi Yoho Schakowsky Tierney Young (AK) the 2012 Terrorist Attack in Benghazi, Amodei Duckworth Kuster Schiff Titus Young (IN) and ask for its immediate consider- Bachus Edwards Lance Barber Ellison Langevin NAYS—117 ation. Barletta Ellmers Larsen (WA) Aderholt Gowdy Pitts The Clerk read the title of the resolu- Barrow (GA) Engel Larson (CT) Amash Graves (GA) Poe (TX) tion. Bass Enyart Latham Barr Graves (MO) Pompeo The SPEAKER pro tempore (Mr. Beatty Eshoo Lee (CA) Barton Griffith (VA) Posey Becerra Esty Levin WOMACK). Pursuant to House Resolu- Benishek Guthrie Price (GA) tion 575, the resolution is considered Bera (CA) Farr Lewis Bentivolio Hanna Rahall Bilirakis Fattah Lipinski Bishop (UT) Harris Rice (SC) read. Bishop (NY) Fitzpatrick LoBiondo Bridenstine Hensarling Rigell The text of the resolution is as fol- Black Fortenberry Loebsack Brooks (AL) Holding Roe (TN) lows: Blackburn Foster Lofgren Broun (GA) Hudson Rogers (AL) ES Blumenauer Frankel (FL) Long Burgess Huelskamp Rogers (KY) H. R . 567 Bonamici Frelinghuysen Lowenthal Byrne Hunter Rohrabacher Resolved, Boustany Fudge Lowey Campbell Hurt Rothfus SECTION 1. ESTABLISHMENT. Brady (PA) Gabbard Lucas Capito Johnson (OH) Ryan (WI) There is hereby established the Select Brady (TX) Gallego Luetkemeyer Chabot Jones Salmon Braley (IA) Garamendi Lujan Grisham Committee on the Events Surrounding the Chaffetz Jordan Sanford 2012 Terrorist Attack in Benghazi (herein- Brooks (IN) Garcia (NM) Collins (GA) King (IA) Scalise ´ Brown (FL) Gardner Lujan, Ben Ray Conaway Labrador Schweikert after referred to as the ‘‘Select Committee’’). Brownley (CA) Gerlach (NM) Cotton LaMalfa Scott, Austin SEC. 2. COMPOSITION. Buchanan Gibson Lummis Daines Lamborn Sessions (a) The Speaker shall appoint 12 Members Bucshon Granger Lynch Davis, Rodney Lankford Shimkus to the Select Committee, five of whom shall Bustos Grayson Maffei DeSantis Latta Shuster Butterfield Green, Al Maloney, be appointed after consultation with the mi- DesJarlais Marchant Smith (MO) nority leader. Calvert Green, Gene Carolyn Duncan (SC) Massie Smith (NE) Camp Griffin (AR) Maloney, Sean (b) The Speaker shall designate one Mem- Duncan (TN) McClintock Smith (TX) ber to serve as chair of the Select Com- Cantor Grijalva Marino Farenthold McHenry Stewart Capps Grimm Matheson Fincher McKinley Stivers mittee. ´ Capuano Gutierrez Matsui Fleischmann Mica Stutzman (c) Any vacancy in the Select Committee ´ Cardenas Hahn McCarthy (CA) Fleming Miller (FL) Tipton shall be filled in the same manner as the Carney Hall McCarthy (NY) Flores Miller (MI) Turner original appointment. Carson (IN) Hanabusa McCaul Forbes Mullin Walorski SEC. 3. INVESTIGATION AND REPORT ON THE Carter Harper McCollum Foxx Mulvaney Weber (TX) EVENTS SURROUNDING THE 2012 Cartwright Hartzler McDermott Franks (AZ) Murphy (PA) Webster (FL) TERRORIST ATTACK IN BENGHAZI. Cassidy Hastings (FL) McGovern Garrett Neugebauer Wenstrup (a) The Select Committee is authorized Castor (FL) Hastings (WA) McIntyre Gibbs Noem Westmoreland Castro (TX) Heck (NV) McKeon and directed to conduct a full and complete Gingrey (GA) Olson Whitfield investigation and study and issue a final re- Chu Heck (WA) McMorris Gohmert Palazzo Wittman Cicilline Herrera Beutler Rodgers Goodlatte Pearce Womack port of its findings to the House regarding— Clark (MA) Higgins McNerney Gosar Pittenger Woodall (1) all policies, decisions, and activities Clarke (NY) Himes Meadows that contributed to the attacks on United Clay Hinojosa Meeks NOT VOTING—17 States facilities in Benghazi, Libya, on Sep- Cleaver Holt Meng Bachmann DeGette Pelosi Clyburn Honda Messer tember 11, 2012, as well as those that affected Bishop (GA) Duffy Reed Coffman Horsford Michaud the ability of the United States to prepare Coble Kingston Rush Cohen Hoyer Miller, Gary for the attacks; Crawford McAllister Cole Huffman Miller, George Schwartz (2) all policies, decisions, and activities to Culberson Meehan Collins (NY) Huizenga (MI) Moore Scott, David Davis, Danny Nunnelee respond to and repel the attacks on United Connolly Hultgren Moran States facilities in Benghazi, Libya, on Sep- Conyers Israel Murphy (FL) b 1611 tember 11, 2012, including efforts to rescue Cook Issa Nadler Cooper Jackson Lee Napolitano Mr. FINCHER changed his vote from United States personnel; Costa Jeffries Neal ‘‘yea’’ to ‘‘nay.’’ (3) internal and public executive branch Courtney Jenkins Negrete McLeod Mr. COFFMAN and Ms. KAPTUR communications about the attacks on Cramer Johnson (GA) Nolan United States facilities in Benghazi, Libya, Crenshaw Johnson, E. B. Nugent changed their vote from ‘‘nay’’ to on September 11, 2012; Crowley Johnson, Sam Nunes ‘‘yea.’’ (4) accountability for policies and decisions Cuellar Jolly O’Rourke So (two-thirds being in the affirma- related to the security of facilities in Cummings Joyce Owens tive) the rules were suspended and the Davis (CA) Kaptur Pallone Benghazi, Libya, and the response to the at- DeFazio Keating Pascrell bill, as amended, was passed. tacks, including individuals and entities re- Delaney Kelly (IL) Pastor (AZ) The result of the vote was announced sponsible for those policies and decisions; DeLauro Kelly (PA) Paulsen as above recorded. (5) executive branch authorities’ efforts to DelBene Kennedy Payne identify and bring to justice the perpetrators Denham Kildee Perlmutter The title was amended so as to read: ‘‘A bill to establish a comprehensive of the attacks on U.S. facilities in Benghazi, Dent Kilmer Perry Libya, on September 11, 2012; Deutch Kind Peters (CA) United States Government policy to (6) executive branch activities and efforts Diaz-Balart King (NY) Peters (MI) encourage the efforts of countries in Dingell Kinzinger (IL) Peterson to comply with Congressional inquiries into Doggett Kirkpatrick Petri sub-Saharan Africa to develop an ap- the attacks on United States facilities in Doyle Kline Pingree (ME) propriate mix of power solutions, in- Benghazi, Libya, on September 11, 2012;

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H3972 CONGRESSIONAL RECORD — HOUSE May 8, 2014 (7) recommendations for improving execu- ing entities of the House or a joint com- Our committees sought the full tive branch cooperation and compliance with mittee may be detailed to the Select Com- truth, and the administration tried to congressional oversight and investigations; mittee without reimbursement to carry out make sure that they wouldn’t find it, (8) information related to lessons learned this resolution and shall be deemed to be which means they tried to prevent the from the attacks and executive branch ac- staff of the Select Committee. tivities and efforts to protect United States (B) Section 202(i) of the Legislative Reor- American people from finding the truth facilities and personnel abroad; and ganization Act of 1946 (2 U.S.C. 4301(i)) shall as well. (9) any other relevant issues relating to apply with respect to the Select Committee In my view, these discoveries compel the attacks, the response to the attacks, or in the same manner as such section applies the House to respond as one institution the investigation by the House of Represent- with respect to a standing committee of the and establish one select committee, a atives into the attacks. House of Representatives. committee with robust authority, a (b) In addition to any final report address- (2) The chair of the Select Committee, upon consultation with the ranking minority committee that will do its work while ing the matters in subsection (a), the Select the House continues to focus on the Committee may issue such interim reports member, may employ and fix the compensa- tion of such staff as the chair considers nec- people’s priorities. as it deems necessary. essary to carry out this resolution. I have asked the gentleman from (c) Any report issued by the Select Com- (c) There shall be paid out of the applicable mittee may contain a classified annex. South Carolina (Mr. GOWDY) to chair accounts of the House of Representatives this panel. He is a well-respected Mem- SEC. 4. PROCEDURE. such sums as may be necessary for the ex- ber of this body, and he has my com- (a) Notwithstanding clause 3(m) of rule X penses of the Select Committee. Such pay- of the Rules of the House of Representatives, ments shall be made on vouchers signed by plete confidence. I will convey to you the Select Committee is authorized to study the chair of the Select Committee and ap- what I conveyed to him. This doesn’t the sources and methods of entities described proved in the manner directed by the Com- need to be, shouldn’t be, and will not in clause 11(b)(1)(A) of rule X insofar as such mittee on House Administration. Amounts be a partisan process. study is related to the matters described in made available under this subsection shall Four Americans died at the hands of section 3. be expended in accordance with regulations terrorists in a well-coordinated as- (b) Clause 11(b)(4), clause 11(e), and the prescribed by the Committee on House Ad- sault, and we will not take any short- first sentence of clause 11(f) of rule X of the ministration. cuts to the truth, accountability, or Rules of the House of Representatives shall SEC. 6. DISSOLUTION AND DISPOSITION OF apply to the Select Committee. RECORDS. justice; and we will not allow any (c) Rule XI of the Rules of the House of (a) The Select Committee shall cease to sideshows that distract us from those Representatives shall apply to the Select exist 30 days after filing the final report re- goals. Committee except as follows: quired under section 3. Our system of government depends (1) Clause 2(a) of rule XI shall not apply to (b) Upon dissolution of the Select Com- on transparency and accountability, the Select Committee. mittee, the records of the Select Committee and either we do this well, or we face (2) Clause 2(g)(2)(D) of rule XI shall apply shall become the records of such committee the terrifying prospect of our people or committees designated by the Speaker. to the Select Committee in the same manner having less knowledge and less power as it applies to the Permanent Select Com- The SPEAKER pro tempore. The gen- over their own government. We owe it mittee on Intelligence. tleman from Texas (Mr. SESSIONS) and to future generations to make the (3) Pursuant to clause 2(h) of rule XI, two the gentlewoman from New York (Ms. Members of the Select Committee shall con- right choice. SLAUGHTER) each will control 30 min- I ask all the Members of this body to stitute a quorum for taking testimony or re- utes. ceiving evidence and one-third of the Mem- reflect on this matter, and I ask you to The Chair recognizes the gentleman support this resolution. bers of the Select Committee shall con- from Texas. stitute a quorum for taking any action other Ms. SLAUGHTER. Mr. Speaker, I than one for which the presence of a major- GENERAL LEAVE yield myself such time as I may con- ity of the Select Committee is required. Mr. SESSIONS. Mr. Speaker, I ask sume. (4) The chair of the Select Committee may unanimous consent that all Members Mr. Speaker, we all agree—I think all authorize and issue subpoenas pursuant to have 5 legislative days in which to re- Americans agree, and we certainly un- clause 2(m) of rule XI in the investigation vise and extend their remarks and to derstand from the Speaker that he and study conducted pursuant to section 3 of include extraneous material on consid- agrees that the attack on Benghazi was this resolution, including for the purpose of eration of H. Res. 567. taking depositions. a tragedy; but here we are, once again, The SPEAKER pro tempore. Is there riling up the community and the coun- (5)(A) The chair of the Select Committee, objection to the request of the gen- upon consultation with the ranking minority try and causing, again, grief to the member, may order the taking of deposi- tleman from Texas? families of the four people who died, in There was no objection. tions, under oath and pursuant to notice or a pursuit of some kind of truth that Mr. SESSIONS. Mr. Speaker, at this subpoena, by a Member of the Select Com- they were unable to find in 2 years of time, I yield 1 minute to the gentleman mittee or a counsel of the Select Committee. hearings, over four committees, 13 con- from Ohio (Mr. BOEHNER), the Speaker (B) Depositions taken under the authority gressional hearings, 50 briefings, five prescribed in this paragraph shall be gov- of the House. erned by the procedures submitted by the Mr. BOEHNER. Mr. Speaker and my reports, 25,000 pages of documentation, chair of the Committee on Rules for printing colleagues, I believe the whole House and wasted millions of dollars, going in the Congressional Record. and the American people deserve to nowhere, and that is just in the House. (6) The chair of the Select Committee may, know how I came to the decision that The Senate has held hearings. The after consultation with the ranking minority brings us here today. State Department did a thorough re- member, recognize— On September 11, 2012, a terrorist at- port; and yet, now, after all that, we (A) Members of the Select Committee to tack on our consulate in Libya left want the truth. question a witness for periods longer than What does it say about the House of five minutes as though pursuant to clause four of our countrymen dead, including our Ambassador. Representatives that whatever that (2)(j)(2)(B) of rule XI; and was going on over there did not get to (B) staff of the Select Committee to ques- Since that time, four committees of tion a witness as though pursuant to clause the House have been investigating the truth? (2)(j)(2)(C) of rule XI. these events, and those committees This is so reminiscent of what we SEC. 5. RECORDS; STAFF; FUNDING. have done exemplary work. Chairman have done in the House of Representa- (a) Any committee of the House of Rep- ISSA, Chairman MCKEON, Chairman tives by doing over and over and over resentatives having custody of records in ROGERS, Chairman ROYCE, and all the again, like trying to repeal the health any form relating to the matters described members of their respective commit- care, that we are just going to keep in section 3 shall transfer such records to the tees deserve our gratitude; but last doing it until you reach whatever it is Select Committee within 14 days of the adop- week, a line was crossed in two places. you want. tion of this resolution. Such records shall be- First, it came to light that the White Well, we know what it is you want come the records of the Select Committee. House did more to obscure what hap- with this special committee. We under- (b)(1)(A) To the greatest extent prac- stand that thoroughly. Earlier today— ticable, the Select Committee shall utilize pened and why than what we were led the services of staff of employing entities of to believe. I want to make a comment, that one of the House. At the request of the chair of the Second, we now know that the ad- my friends on the other side of the Select Committee in consultation with the ministration defied a formal congres- aisle—I deeply regret this—cited a re- ranking minority member, staff of employ- sional subpoena. port claiming that the Democrats were

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — HOUSE H3973 fundraising off of the crass Republican Mr. CANTOR. I thank the chairman. lies of those four brave men deserve the fundraising off Benghazi. Mr. Speaker, I rise today in strong truth. Certainly, we looked into that be- support of this resolution, to proceed This committee will build upon the cause I was very concerned because I with a select committee to find out excellent oversight work conducted to was the one making the charge about what happened at the American con- this date and ask questions and de- the fundraising. It is absolutely false sulate in Benghazi, Libya, on the night mand answers. Constitutional checks that Democrats are doing that. of September 11, 2012. and balances were intended to ensure That report was from The Daily Call- Mr. Speaker, it has been almost 2 that each branch of government con- er, a conservative Web site, and all years since a terror attack claimed the duct itself with the utmost integrity they found was that the chairman of lives of four brave Americans in and do so within the law. That is our the Democratic Congressional Cam- Benghazi: Ambassador J. Christopher duty, and we will solemnly and judi- paign Committee posted a statement Stevens; U.S. Foreign Service Informa- ciously carry this out. on his Web site condemning the Repub- tion Management Officer Sean Smith; Today, we have an opportunity to lican campaign committee for their at- former Navy SEAL Glen Doherty; and stand together and take another step tempt to capitalize and fundraise off former Navy SEAL and Bronze Star re- closer to accomplishing that goal, to the tragedy in Benghazi. cipient, Tyrone Woods. finding the truth; and I urge my col- Let’s stick to the facts here. You are Over the past 2 years, our commit- leagues in the House to support this going to continue. As I understand it, tees in the House have aggressively in- resolution. several reporters have asked the lead- vestigated what happened that night in The SPEAKER pro tempore. Without ership do they intend to stop fund- Benghazi and the Obama administra- objection, the gentleman from Florida raising off these people’s deaths; and tion’s preparedness and response to (Mr. HASTINGS) will control the time. the answer is, no, they don’t. those terror attacks. There was no objection. So what we are doing here, again, is Unfortunately, the White House has Mr. HASTINGS of Florida. Mr. an awful waste of time, is looking for engaged in a pattern of obstruction, Speaker, I am very pleased to yield 5 another answer to something that—un- consistently ignoring subpoenas, re- minutes to the distinguished gen- less you get some answer that you dacting relevant information, and tleman from Maryland (Mr. CUMMINGS), want, I guess we will go on even yet an- stonewalling investigators. This ob- my good friend and member of the other year or so. struction gives cause to the grave con- Oversight and Government Reform Now, one more committee that will cerns expressed by countless Ameri- Committee, as its ranking member. be weighted in favor of the majority, as cans across the country. Mr. CUMMINGS. Mr. Speaker, I want this one is expected to do, will do abso- Mr. Speaker, what is worse, as the to thank the gentleman for yielding, lutely nothing to yield different re- White House refuses to turn over docu- and I rise in strong opposition to this sults. ments, they go in front of the Amer- resolution. I had an amendment to this bill that Benghazi was a tragedy. We lost four ican people and claim to be trans- was based on a simple premise, that brave Americans that night, and I ex- parent. Those in the administration the investigations and reports on the tend my deepest sympathies to their claim to be cooperating. They claim to tragic attack in Benghazi produced by families. In my opinion, we honor their be focused on bringing the perpetrators the House committees so far have been memories best by bringing their killers nothing but partisan and political. of that attack to justice. Mr. Speaker, the attacks in Benghazi to justice and by working in a bipar- My amendment would have made tisan way to strengthen security for all membership on the committee equally brought the first time an American Ambassador was killed in the line of U.S. personal overseas. divided between the minority and the As family members of Ambassador duty since the 1970s and, to this day, majority and would have guaranteed Stevens have stated, ‘‘What Chris not a single perpetrator of the attacks minority signoff on subpoenas and never would have accepted was the idea has been arrested or brought to justice. depositions and guaranteed equal dis- that his death would have been used for We should be using every tool nec- tribution and money and staffing and political purposes.’’ other resources of the committee and essary to find those responsible and certainly have ensured that the wit- bring them to justice. b 1630 nesses who come before that com- After ignoring for nearly a year a Unfortunately, that is what House mittee, unlike the other witnesses that lawful congressional subpoena, the Republicans have been doing for the the Oversight and Government Reform White House, under court order, finally last year and a half. Committee has had, who were totally released emails showing that adminis- On April 23, 2013, the Republican ineligible to even speak on the sub- tration officials deliberately and decep- chairmen of five different House com- ject—one of them, I gather, was giving tively misled Americans, claiming that mittees issued a highly partisan staff all the details of what happened that the attack in Benghazi was the result report with absolutely no consultation night, but he happened to be in Ger- of an offensive Internet video, rather or input from a single Democratic many at the time. than the product of a failed foreign pol- Member of the Congress of the United Had our amendment passed, we could icy that allowed radical Islamic terror- States of America. Their report in- have added some decorum to this proc- ists to flourish in post-Qadhafi Libya. cluded a reckless accusation that Sec- ess, and we could have worked to en- This obfuscation and refusal to come retary Clinton personally authorized sure the tragedy never happens again, clean to Congress has left us, as well as security reductions in Benghazi. Chair- but it is clear that this majority will the people of this country, wondering: man ISSA then went on national tele- not allow that. What else is the White House hiding? vision and said, Secretary Clinton So we have seen all the reports. We My colleagues on the other side of ‘‘outright denied security, in her signa- know what everybody thinks; and we the aisle want Americans to believe ture, in a cable.’’ know that, once again, we will be going that this investigation is motivated by When we located the cable, however, into this because you are the majority, politics. No. This investigation would we discovered that the Republican re- and you have the votes to do it. not be necessary had the Obama ad- port distorted the facts. The cable had I am appalled by this posturing. To ministration come clean. This inves- only a printed stamp of Secretary Clin- use the tragedy of those four deaths for tigation would not be necessary had ton’s name, the same stamp that ap- political and financial gain is shameful the Obama administration complied pears on hundreds of thousands of ca- and contemptible. with congressional subpoenas. bles sent from the State Department Mr. Speaker, I reserve the balance of This investigation would not be nec- every year. my time. essary had the Obama administration This report was issued under the di- Mr. SESSIONS. Mr. Speaker, at this not misled the Congress, the American rection of the Speaker. It was posted time, I yield 1 minute to the gentleman people, and the media about what hap- on his Web site, and it was prepared from Virginia (Mr. CANTOR), the Major- pened in Benghazi. only for Members of the House Repub- ity Leader of the House of Representa- The American people deserve the lican Conference. How is this a bipar- tives. truth and, most importantly, the fami- tisan search for the truth?

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H3974 CONGRESSIONAL RECORD — HOUSE May 8, 2014 House Republicans have also ex- sador to Libya J. Christopher Stevens, other information may be obtained, cluded Democratic Members from fact- four House committees began inves- used, or released. finding delegations to Libya, in viola- tigations into the events prior to the I will offer a caveat there about the tion of the rules issued by the Speaker. attacks, those that occurred during the intelligence that you are about to get How is that bipartisan? attacks, and the administration’s re- into with the select committee. It Democratic Members have been de- sponse afterwards. would guarantee equal access to evi- nied equal access to witnesses, and Re- And I want to thank our House chair- dence and materials of the committee. publicans have selectively leaked docu- men and the committees who did what It provides for transparency of the ments and cherry-picked transcript ex- I believe was an outstanding job in sup- committee’s expenditures and budg- cerpts without any official committee porting this effort—Chairman DARRELL eting, and it would ensure that a consideration. How is that bipartisan? ISSA of the Oversight and Government quorum for taking testimony or receiv- Republicans have also been doing Reform Committee, Chairman BUCK ing evidence includes at least one mi- something worse. They have been using MCKEON of the Armed Services Com- nority Member. the deaths of these four Americans for mittee, Chairman ED ROYCE of the For- Finally, it would ensure that the mi- political campaign fundraising. I call eign Affairs Committee, and Chairman nority has a say in decisions about ex- on the Speaker of the House to end MIKE ROGERS of the Intelligence Com- tended questioning and staff ques- that process right now. mittee—and for their exemplary work tioning of witnesses. That would For example, on February 17, Chair- that has advanced this issue and produce a bipartisan result that would man ISSA traveled to New Hampshire brought up new facts. Without their be credible. to attend a political fundraiser, where diligent work, we would not be where I am very pleased at this time to he spoke about Benghazi. He suggested we are today. yield 2 minutes to the distinguished during his speech that our military’s But, Mr. Speaker, that work was gentleman from Missouri (Mr. CLAY), response on the night of the attacks thwarted; and by this administration my good friend and a member of the was deficient because Secretary Clin- not proactively addressing the issue Committee on Oversight and Govern- ton ordered Defense Secretary Panetta equally themselves in an open and, I ment Reform. to ‘‘stand down.’’ That was a shocking believe, transparent way, they have Mr. CLAY. I thank my friend from accusation, and he had absolutely no placed us where we are today. It comes Florida for yielding. evidence—none—to support it. In my as a result of their being an unwilling Mr. Speaker, I rise today to oppose opinion, his statements were reprehen- partner. It comes as a result of many, this misguided, highly partisan select sible not only to the Secretary of State many turns. The administration has committee that seeks to exploit the but to our brave men and women in chosen to build roadblocks to the con- tragedy of the attack on our consulate uniform. gressional inquiry. Whether failing to in Benghazi for purely political pur- And so today, we are here to consider comply completely with opportunities poses. a resolution to create another partisan to come speak to Congress, objecting There have already been eight— committee to investigate what the to and not complying with subpoenas, eight—reviews of that terrible inci- Speaker and his five chairmen have al- delaying the delivery of important dent. There were legitimate oversight ready been investigating. documents, heavily redacting critical questions about Benghazi, and we ex- With all due respect, if the Repub- information, and retroactively classi- plored them in exhaustive detail. More licans want to fix the problems with fying previously unclassified files, this than 25,000 documents have been pro- their partisan investigation, they need administration earned exactly the title duced, and dozens of witnesses have more than just a new chairman. They that has been placed on it today, ‘‘un- been interviewed. Millions of tax dol- need a new approach. I have tremen- cooperative.’’ lars have already been spent respond- dous respect for the gentleman from Mr. Speaker, this will not be toler- ing to repetitive and partisan congres- South Carolina (Mr. GOWDY), and I am ated, and this is what has brought us to sional requests. The majority has al- glad that he said that fundraising where we are today. I will tell you that leged multiple conspiracy theories, should not be done on the deaths of many of the things which you have each of which has been dispelled by the these four people, and I hope that the heard on the floor today are accusa- facts. Republican Conference will finally tions pitched our way; and I will tell Ambassador Chris Stevens, Sean agree with that. We are better than you that the American people, through Smith, Tyrone Woods, and Glen that. this process, will find out exactly who Doherty are American heroes who gave They need a new approach, one that is after the truth and who is exactly their lives in brave service to our Na- is truly bipartisan, and one that seeks for hiding the truth, because I believe tion. But instead of honoring their the facts before drawing conclusions, that it is not just mismanagement at memory, even before it convenes, this rather than the other way around. the top, but bad decisions that they sham select committee is already bla- Mr. SESSIONS. Mr. Speaker, I yield should and will be embarrassed to have tantly being used for political pur- myself such time as I may consume. uncovered by the select committee on poses. Evidence of that comes directly Mr. Speaker, today is a historic day Benghazi. from the National Republican Congres- for this institution. As a result of the I reserve the balance of my time. sional Committee, which created an Obama administration’s unwillingness Mr. HASTINGS of Florida. Mr. online fundraising solicitation yester- to openly work with House Republicans Speaker, I will yield myself 1 minute day. And it reads, in part: in our ongoing effort to uncover the before yielding to the gentleman from You’re now a Benghazi watchdog. Let’s go facts surrounding the events of the 2012 Missouri. after Obama & Hillary Clinton. Help us fight terrorist attack on the American diplo- Mr. Speaker, last night in the Rules them now. matic mission in Benghazi, Libya, the Committee, the gentlewoman from So this is not about discovering new United States House of Representatives New York (Ms. SLAUGHTER) offered an facts about Benghazi. This is about cre- is left with no option except to estab- amendment that was supported by all ating a partisan vehicle to exploit this lish a select committee on Benghazi. the Democrats on the committee. That tragedy to raise money and to provide As the author of this resolution, I amendment would have allowed for the majority’s echo chamber on cable would like to take the opportunity to membership on the committee to be TV and talk radio with red meat rhet- provide the American people with a se- equally divided between Republicans oric to influence the 2014 midterms and quence of events that have led us to and Democrats. It would guarantee mi- the 2016 Presidential election. this point and explain how the newly nority signoff on subpoenas and deposi- Mr. Speaker, I urge my colleagues to formed select committee will operate tions. It would guarantee equal dis- oppose this resolution. on their behalf. tribution of money, staffing, and other Mr. SESSIONS. Mr. Speaker, at this Immediately following the attacks resources of the committee. It would time, I yield 2 minutes to the gen- on Benghazi on September 11, 2012, require the committee to establish tleman from Texas, Judge POE. which took the lives of four brave written rules, specifically including Mr. POE of Texas. I thank the gen- Americans, including then-U.S. Ambas- rules concerning how documents and tleman for yielding.

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — HOUSE H3975 Mr. Speaker, on September 11, 2012, the policies and the decisions of our serve justice, and the American people terrorists stormed the American con- then-President George Bush. But never deserve the truth. sulate in Benghazi. Four Americans once did I question that his motiva- One other lesson I learned in the were murdered. Nineteen months later, tions were anything less than what he Army is we leave no man behind, and the killers are still running loose. One thought was best for America. we will not leave these four men be- killer was even interviewed on CNN, We are going off the rails here. This hind. but this country cannot capture him is a tragedy. But there is a real ques- Ms. SLAUGHTER. Mr. Speaker, let and his fellow outlaws. tion, at least on the part of many of us, me yield myself 20 seconds to just re- Why? What has been the problem? and I think many Americans, as to spond to that. Today there are more questions than whether we are doing this right. How is Mr. Speaker, I would be outraged, answers. Americans are still not really it that there is such glee that the deci- too, if anybody did the things that he sure what happened that night and the sion is made to go forward after seven accused us of doing, and I don’t believe days following the attack. other committees, 25,000 documents— a word of it. Several House committees launched more work could be done—but how is it I am now pleased to yield 21⁄2 minutes investigations but were stonewalled. that there was such glee on one side to the gentleman from California (Mr. Subpoenas were issued but ignored. that they turned it into a fundraising SCHIFF). And last week, a White House email opportunity? Who would do that? Mr. SCHIFF. Mr. Speaker, I come to was disclosed that indicated there may Mr. GOWDY won’t do it, and he is a the floor today to urge my colleagues have been coordination to purposely good man. But do you know what? If to vote against the creation of this se- deceive Congress about what really we are going to proceed, it has got to lect committee. Because this is not a happened. be on the level. We have a seven-to-five select committee to investigate what Did the administration deceive committee that is being organized. It is happened in Benghazi, which has been America? If so, why? Let’s find out. not even-handed. You can’t have these done many times already, it is not a se- We have no choice but to establish tough decisions that not only have to lect committee to investigate what we this select committee to ensure that be made right but have to be made so can do to better protect our embassies, the full story is told, even if the evi- that there is credibility with the Amer- consulates, and diplomatic corps, dence reveals an inconvenient truth, to ican people that they are on the level which appears to have generated little shine light on what happened when and not political where you don’t have interest in the majority, it is not even Americans overseas were murdered in a bipartisan approach, you don’t have a select committee to probe where we the darkness of the night. everybody weighing in on subpoenas. were in the hunt for those responsible, And to those who oppose this bill, I Mr. SESSIONS. Mr. Speaker, there which involves classified information ask the question, Mr. Speaker: Why are lots of questions. The first one is, and is something done best in closed don’t they want to know all of the Why didn’t the military come help session. facts? these men when they were in need over No. This is a proposal to create a se- Let’s find the truth—the good, the this firefight for several hours? We will lect committee on talking points. bad, and the ugly truth. Justice de- just start there. I have been involved with the inves- mands it, and justice is what we do in Mr. Speaker, at this time, I would tigation into Benghazi from day one as this country. like to yield 2 minutes to the gen- a member of the Intelligence Com- And that’s just the way it is. tleman from Dardanelle, Arkansas (Mr. mittee because, like every other Amer- The SPEAKER pro tempore. Without COTTON), who is a member of the For- ican, I wanted to know what happened, objection, the gentlewoman from New eign Affairs Committee. why it happened, and how we can keep York will control the remaining time Mr. COTTON. Mr. Speaker, a couple it from happening again. And I want to for the minority. of lessons I learned in the Army were bring to justice those who perpetrated There was no objection. you move to the sound of gunfire, and this horrible attack. Ms. SLAUGHTER. Mr. Speaker, I the most important step in the troop- But almost 18 months later, and after yield 2 minutes to the gentleman from leading procedures is to supervise the eight reports from House and Senate Vermont (Mr. WELCH), a member of the execution of your orders. committees and the Accountability Re- Committee on Oversight and Govern- When Americans were fighting for view Board, the questions that this se- ment Reform. their lives in Benghazi, Barack Obama lect committee purports to investigate Mr. WELCH. Mr. Speaker, 30 years did neither. He sent no Quick Reaction have been asked and answered time and ago, America suffered an incredible Force, and he didn’t even stay in the time and time again. There is no ques- tragedy; 241 Marines in Beirut lost Situation Room to supervise the execu- tion that this select committee on their lives when terrorists bombed the tion of his orders. We expect more from talking points will waste potentially barracks in which they were living. At lieutenants in the Army than our millions of taxpayer dollars in a purely that time, we had a President whose President gave us that night. For 2 partisan exercise and serve as little name was Ronald Reagan, and we had a years, he has covered up this failure of more than a fundraising vehicle for Re- Speaker of the House whose name was leadership by stonewalling. Not any- publicans. Tip O’Neill. Different parties. more. We will now get to the truth. Up until last Friday, the Speaker of That was an enormous tragedy. An But what do our colleagues on the the House resisted the siren call from investigation needed to be done, and it other side of the aisle say to this? They his base for yet another wasteful com- was done. It was done on a bipartisan express great outrage at politicizing mittee. Here is what he said just a basis. One investigation was done. And this matter. When I was leading troops month ago: there was a presumption that no mat- in Iraq in 2006, men and women who There are four committees that are inves- ter how tragic this was and no matter were being shot at and blown up by al tigating Benghazi. I see no reason to break how important it was to hold people Qaeda, where was the outrage as they up all the work that has been done and to accountable—and that was done—that fund-raised endlessly off the Iraq war? take months and months and months to cre- everybody involved had the best inten- Where was the outrage as they vi- ate some select committee. tions for America’s future strength. ciously attacked our commanders? I agree with the Speaker’s previous And there seems to be a premise, at Where was the outrage when they said assessment. least to me, that this President of the that soldiers were war criminals? Democrats made a proposal to struc- United States has any less commit- Where was the outrage when they said ture the committee so that it had ment to protecting the lives and safety the war was lost? Where was the out- equal numbers of members of each of the American people than any other rage when they said that only high party, so that it required cooperation President. school dropouts join the Army? on subpoenas and depositions, and so Forgive me if I don’t join my Demo- that it guaranteed equal access to evi- b 1645 cratic colleagues in sharing their fake dence and material collected by the I will tell you, I was an opponent of outrage. Four Americans lost their committee. Yet, in each case, we were the war in Iraq, and I was critical of lives that night in Benghazi. They de- rejected.

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H3976 CONGRESSIONAL RECORD — HOUSE May 8, 2014 If this isn’t a fair investigation and litical purposes. There were security short- that they were subpoenaed incorrectly, select committee, there is no reason comings, no doubt. Both internal and outside the documents we received were heav- for Democrats to vote for it or to par- investigations have identified and publicly ily redacted. They were purposely not ticipate in it. Let’s end the political disclosed them. Steps are being taken to re- providing that information. It was re- pair them. Chris would not have wanted to circus and focus our efforts on pre- be remembered as a victim. He knew and ac- dacted. venting another Benghazi and accel- cepted that he was working under dangerous Now, why was that redacted? Why erating the hunt for the murderers of circumstances. was it that we had to find out some of four Americans, including Ambassador He did so—just as so many of our diplo- the truth about the coverup that oc- Stevens. matic and development professionals do curred on that narrative about a pro- Mr. SESSIONS. Mr. Speaker, at this every day—because he believed the work was test gone bad from an outside group time, I would like to yield 3 minutes to vitally important. that provided the unredacted? So, now, the gentleman from Nebraska (Mr. That is the statement of Chris Ste- what we have before us is an email that FORTENBERRY), a member of the For- vens, the deceased, murdered Ambas- was redacted from the White House and eign Affairs Committee. sador to Libya, his family. another one that was obtained through Mr. FORTENBERRY. Mr. Speaker, I deeply understand the demands we an outside source that provided us the when pressed last week by a reporter place on our Foreign Service, and I same but unredacted that says now about the tragic events on September know the stakes are high. As a member that the White House was telling us 11, 2012, in Benghazi, Libya, the former of the Senate Foreign Relations Com- something different. spokesperson for the National Security mittee staff from 1979 to 1989, I vividly When you have a White House that Council said this: ‘‘Dude, this was like recall shortly after I returned home has gone out of their way to cover up 2 years ago.’’ from a visit to the U.S. barracks in the truth, it is incumbent upon all of Now, this juvenile and unprofessional Beirut, a horrific truck bomb was deto- us on both sides of the aisle to fight for response has only added to the concern nated there, killing 241 U.S. members the truth so that the four people that that we do not—still do not—have a of the Marine Corps. Our Embassy was lost their lives—one of which an Am- full understanding of what occurred blown up twice in Beirut in that same bassador, for God’s sake—they are the that night. What we do know is that timeframe. ones that deserve justice by this select our Ambassador, Chris Stevens, and The Democrats didn’t pile on. The committee. three other Americans are dead. Democrats didn’t call for a select com- Ms. SLAUGHTER. Mr. Speaker, for Now, several congressional commit- mittee to investigate Ronald Reagan rebuttal, I am going to yield 2 minutes tees have looked into this question and and his administration for malfeasance to the gentleman from Virginia (Mr. have concluded different things, and and incompetence. We didn’t darkly CONNOLLY there are many lingering questions ). hint there was a conspiracy by the Mr. CONNOLLY. Mr. Speaker, I say still unanswered. They have reached Reagan administration to hide the to my friend, it is amazing that he different conclusions. But these lin- facts and to deny terrorism had oc- gering questions are made worse by the claims the White House is covering up curred. We were patriots. We came to- when the same White House gave an fact that we now know that emails gether. We mourned our losses. We from the administration may have unredacted version to the Judicial worked with a Republican President to Watch. The easier conclusion—— been withheld from Congress. make it better. That is the spirit in This is the reason that we need a se- Mr. TERRY. Will the gentleman which we should approach this issue. lect committee, to probe deeply and yield? Mr. SESSIONS. Mr. Speaker, at this get clear answers with a singular goal Mr. CONNOLLY. I am rebutting what time, I would like to yield 3 minutes to in mind: to restore the public trust. I just heard. Ms. SLAUGHTER. Mr. Speaker, I am the gentleman from Nebraska (Mr. Mr. Speaker, the gentleman says this TERRY), a member of the Energy and pleased to yield 21⁄2 minutes to the gen- is about getting at the truth. Really? tleman from Virginia (Mr. CONNOLLY), Commerce Committee. Because there have been so many false- the ranking member of the Oversight Mr. TERRY. Mr. Speaker, this bill is hoods propounded on this subject by and Government Reform Committee’s absolutely necessary when we look at the other side of the aisle. There was a Subcommittee on Government Oper- the facts as we know them currently stand-down order proved conclusively ations. and we look at the information that we by our own Republican-controlled Mr. CONNOLLY. Mr. Speaker, I are uncertain about. Number one is we House Armed Services Committee. thank my dear friend. have lost four people in an attack that There was no such thing. By the way, Mr. Speaker, we don’t we now know is a terrorist attack. We We could have and should have mobi- need a select committee because a par- now know that some things could have lized the military to intervene and save ticular chairman who is subpoena- been done to save these people, but for lives. The military did what it could, happy can’t quite draft a subpoena to some reason they weren’t done. but there was not enough timeframe capture the emails in question. Now, Beirut has been raised a couple for the military efficaciously to inter- I rise in strong opposition to H. Res. of times, showing the cooperation be- vene in the tragedy unfolding in 567, which represents yet another un- tween Speaker Tip O’Neill then and Benghazi. fortunate chapter in the majority’s re- Ronald Reagan when we lost 241 sol- The Secretary of State knew and de- lentless commitment to wasting tax- diers in that attack. I remember it viv- liberately covered up. There were talk- payer dollars on round after round of idly. But the difference is how the lead- ing points that deliberately avoided Benghazi political theater. ership between then and now reacted. the word ‘‘terrorism,’’ even though the There is a reason that State’s slogan The leadership at the White House President of the United States a few is ‘‘diplomacy in action.’’ To effec- responded to this attack by developing days later most certainly did use the tively represent our Nation, American a false narrative to—probably, we don’t word ‘‘terrorist’’ to describe what hap- personnel overseas and their families know why they came up with this fake pened in Benghazi. make significant sacrifices. Ambas- story about an impromptu protest gone The Islamic video had nothing what- sador Stevens’ own family knows that. bad, therefore causing these deaths, so soever to do with Benghazi. The Is- They issued this eloquent statement if they are making up a story, what are lamic video was erupting—— after his death: they trying to hide? Their own incom- Mr. TERRY. Will the gentleman Chris was not willing to be the kind of dip- petence? We don’t know that. yield now? Because that is absolutely lomat who would strut around in fortified We talked about then in Beirut, as wrong, and you know it. compounds. He amazed and impressed the my friends from the other side of the Mr. CONNOLLY. Mr. Speaker—— Libyans by walking the streets with the aisle had mentioned, about all of the The SPEAKER pro tempore. The gen- lightest of escorts, sitting in sidewalk cafes, documents that were received in the tleman will suspend. chatting with passersby. There was a risk to Beirut investigation. Well, that is be- Let me remind the other side that being accessible. He knew it, and he accepted it. cause they were cooperative. The docu- the gentleman from Virginia has the What he would never have accepted was ments that we received, despite what floor. He has been unwilling to yield. the idea that his death would be used for po- the gentleman from Virginia just said, Let the gentleman have the floor.

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — HOUSE H3977 The gentleman may proceed. When Secretary Clinton came before have refused to recognize the gravity of Mr. CONNOLLY. I thank the Speaker the Foreign Affairs Committee, I asked this obstructionism. They have done so for returning us to regular order. her point blank: in the context of a loss of American Mr. Speaker, these are all falsehoods You have said, Madam Secretary, lives and a loss of life that is personal used to justify a needless expense of that you take full responsibility. How for a family in my district. That family taxpayer dollars to beat to death for do you define ‘‘full responsibility’’? deserves answers. political purposes the tragedy that oc- She defined it from the day of, and Yes, we have a crisis in trust between curred in Benghazi. And the invocation all that preceded Benghazi is precluded this Congress and this administration, of the name of the deceased Ambas- from that definition. but this is not political theater. This sador, Chris Stevens, even though his Despite the fact that there was one has not been brought upon this House own family has pleaded that he not be cable after another, suggesting that by this side of the aisle. It has been used as a political pawn in a political there were serious gaps in security, all brought upon this house by the partisan game, is something that is be- of that seemed to have not made its stonewalling of the administration. neath contempt. way to either her or her senior staff. It is a rightful execution and a proper That is very much of a lack of atten- execution of the article I oversight au- b 1700 tion to detail, and a light needs to be thority of this Congress. I urge my col- Mr. SESSIONS. Mr. Speaker, I yield brought to that. leagues to support this resolution. myself such time as I may consume. I asked two of the people who headed Mr. SESSIONS. Mr. Speaker, at this Mr. Speaker, the reason why Judicial up the ARB, the Accountability Review time, I yield 3 minutes to the gen- Watch received the information they Board, why they did not interview Sec- tleman from Florida (Mr. MICA), a did in an unredacted basis was because retary Clinton. They had no good an- member of the Committee on Oversight there are criminal penalties associated swer. I asked them twice—no good an- and Government Reform. with that act. Those criminal penalties swer. Mr. MICA. Mr. Speaker and my col- do not exist in a congressional inquiry. Back in 1998, when we got hit in Dar leagues, I am going to ask a couple of The administration is simply taking es Salaam and in Nairobi, I chaired the questions. First of all, I have to give a advantage of that, and they know that hearings of the Accountability Review disclaimer that I was one of the Mem- and so do all Members of Congress. Board. We looked painstakingly at all bers on this side of the aisle that did This administration was playing of the gaps that existed and I wrote the not favor a select committee. I actu- games. They are taking advantage of Secure Embassy Construction and ally took my name off of a request by the structure which has been estab- Counterterrorism Act of 1999. Mr. WOLF. I thought we could handle lished in the relationship of trying to There were lessons learned. Those this matter in regular order. Four com- have the three branches of government lessons were not applied the way they mittees proceeded to investigate the coexist, and that is exactly what this should have been to Benghazi. Requests matter. administration did, and that was the were made for help. We still don’t know I am the senior member of the chief trigger point to where the Speaker the truth. The new select committee investigative panel of Congress. I have then said enough is enough. will leave no stone unturned. It will been through many investigations. I When we recognized that the docu- get answers. have never in my life seen the ments that we were getting, which are Again, those who died, their loved stonewalling. I have never seen the heavily redacted, did not coincide or ones, and the American people deserve contempt for Congress displayed by agree with what outside groups would to know the truth. this administration. get because they, Mr. Speaker, asked Ms. SLAUGHTER. Mr. Speaker, may Then last week, to make a mockery of the entire system, we saw from an for it under FOIA, which has criminal I inquire if my colleague has more re- outside party getting information that penalties associated with it, which quests for time? four committees of Congress had never meant that those lawyers knew exactly Mr. SESSIONS. In fact, I do. Ms. SLAUGHTER. I reserve the bal- received and requested. I have never what they were doing and could be held ance of my time to close. seen anything like this. Why are we to that criminal penalty point, but in Mr. SESSIONS. Mr. Speaker, I yield 2 doing this? The other side has brought providing them to Congress, they minutes to the gentleman from Tampa, this, the administration has brought would just redact it and then claim na- Florida (Mr. JOLLY). this upon themselves. tional security, and we might not ever Mr. JOLLY. Mr. Speaker, I rise in Let me ask a fundamental question: know the difference. support of this resolution, a resolution What difference does it make? What We are not stupid. We have been de- necessitated today by a crisis in trust, difference does it make? liberate. We have been cautious. We a crisis in trust between this Congress I want you to tell that to the State have stayed after it. But redaction and this administration. Department employees who every day after redaction after redaction and This body has the article I constitu- go to work, sometimes put their life at wrong, wrong direction and trying to tional authority to provide oversight risk. Four American officials were lead us down a path that was not cor- over the administration, an authority killed—murdered—and no one has been rect is exactly where this administra- that has been repeatedly ignored by held accountable. No one has been tion has been, and they deserve what this administration, and ignored with brought to justice, and to have an offi- they are getting. an audacity rarely seen in modern poli- cial come before a committee of Con- They are the ones that brought this tics. Today, with this resolution, we gress and say: What difference does it to Congress. We are simply properly confront that audacity. make? Ask that to the families of the and carefully responding. Here are the facts. We have a Presi- State Department people who work for Mr. Speaker, I yield 2 minutes to the dent that rules by pen and a phone. We the American people. gentleman from New Jersey (Mr. have an Attorney General that selec- What difference does it make? Ask SMITH), a member of the Foreign Af- tively enforces laws when he wishes to the military. fairs Committee. and in which States he wishes to. We Oh, there is no evidence of an order Mr. SMITH of New Jersey. Mr. have a Veterans Affairs administration to stand down, but we know our mili- Speaker, I thank the distinguished that is withholding documents about tary had the ability to save those chairman for bringing this important the death of veterans. Americans. We know that the State resolution forward and also Congress- We have agencies that legislate by Department had the ability to keep man FRANK WOLF, who has been tena- regulation, and we have an Internal those Americans safe, and no one cious in insisting that there be a select Revenue Service that has targeted or- acted. committee. ganizations and refuses to testify about What difference does it make? What There are serious gaps. We all know it. So is it any surprise that, last week, difference does it make to those four it. The people who lost their lives who additional information comes to light families? died unnecessarily their loved ones and about Benghazi? No, it is not. What difference does it make? We the American people deserve to know This administration has kept infor- don’t have to investigate anything. We the truth about Benghazi. mation from this Congress, and they don’t have to hold anyone accountable.

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H3978 CONGRESSIONAL RECORD — HOUSE May 8, 2014 No one died in Watergate. Four The thing that rang so strong with lessons learned from the attack and ex- American officials lost their lives. me was the one thing that they said ecutive branch activities and efforts to Under our system, individuals—wheth- that he would not have wanted was to protect the United States facilities and er it is the Secretary of State or the become a political pawn, and that is personnel must be understood. President of the United States or any exactly what we are making of Ambas- Mr. Speaker, JOHN BOEHNER, the official at any level—need to be and sador Stevens and the other three Speaker of the House, has announced must be held accountable and respon- Americans who died in that tragic that the gentleman from South Caro- sible under our system. event. lina, a distinguished Federal pros- Otherwise, we make a mockery of Without any question, we are also ecutor, a reliable person who serves in this whole business of a government of causing, once again, to those four fami- this body, is not the least bit inter- and for and by the people. lies of people who loved them most ested in the political outcome. In fact, The SPEAKER pro tempore. The grievous hardship to deal with all this he is interested, because I know him time of the gentleman has expired. again, and it is being done for politics. and know him well, in doing the things Mr. SESSIONS. I yield an additional It is being done to raise money. which are under the charge that we at 1 minute to the gentleman. So I want to close by paraphrasing the Rules Committee and that this Mr. MICA. What difference does it another great American at another House today, I believe, will give him, make? time and ask the majority: Have you that he will well and faithfully dis- People were asleep at the switch. no shame? At long last, have you no charge those duties that have been They need to be held accountable shame? given to him as the chairman of this again, regardless of rank. This is the I yield back the balance of my time. select committee. United States of America. This is the Mr. SESSIONS. Mr. Speaker, I yield And I believe that the Speaker of the Congress. People sent us here. They are myself the balance of my time to close. House has met with former Speaker out there trying to make a living, pro- I do want to thank the gentlewoman PELOSI, now the minority leader, to vide for their families, pay their taxes. from New York, the ranking member of ask the minority leader to please offer They sent us here to keep this govern- the Rules Committee, my dear friend, him the names of those five personnel, ment responsible, accountable. who presided over a very long hearing Members of Congress, who might rep- What difference does it make? It yesterday, where we went through, in a resent the Democrats, or the minority makes a great deal of difference, not meticulous fashion, the understanding in this case, an opportunity to be a full only to the men and women of the of why this committee, who this com- and forthwith member of this com- State Department, our United States mittee might comprise itself of, and mittee. It is our intent that these 12 people military, the families of those slain, what their mission would be. will work together, not apart, that but it makes a big difference to the We intervened into this process as a they will work with a mandate that is people of the United States who sent us result of a real problem, Mr. Speaker. clear and that provides them the nec- here to keep this a responsible govern- We have intervened in this process be- essary information and the discretion ment and accountable, no matter who cause the administration and the to the full extent of the law. must be held responsible or account- standing committees here in the House able. It is also understood by this that of Representatives were unable to these members of this select com- Ms. SLAUGHTER. I reserve the bal- quickly and thoroughly accomplish ance of my time as long as my col- mittee need to be met forthwith by the their goal of providing not only proper administration of the United States of league has speakers. oversight, but getting a fair and trans- Mr. SESSIONS. We are now through America, and that is the office and the parent answer back. with our speakers, and I am prepared executive branch of the Presidency. Hiding the ball is one thing; decep- to close. It is a full request that I would make Ms. SLAUGHTER. Mr. Speaker, I tion is another. at this time for the American people to yield myself the balance of my time to b 1715 understand that we are asking this ad- ministration to lay down their sword, close. This administration has gone out of to lay down those things which have I think probably the best way that I their way. They have lawyered up to been impediments to properly pro- can close would be with another quote make sure that they could, I think, viding transparency and things that from the man who is fast becoming my mislead Congress. Well, they would are information that would allow us to favorite Member of the House of Rep- make sure that we really could never get to the bottom of this. resentatives, Congressman BUCK get involved in anything but a goo ball, MCKEON, Republican chair of the We have heard over and over how and then they would try and explain people accepted that the buck stopped Armed Services Committee. themselves in such a way that they He said to the Associated Press on there and they took full responsibility. would blame our insistence upon get- In accepting full responsibility, we April 10: ting the truth as a political witch- I think I pretty well have been satisfied have not learned enough about what hunt. those mistakes were if they are willing that given where the troops were, how quick- Mr. Speaker, that must mean there is ly the thing all happened, and how quickly it to accept the responsibility. dissipated, we probably could not have done a witch somewhere. And I don’t have This is not going to be wished away, more than we did. At some point, we think any clue what that answer is. What I Mr. Speaker. Our young chairman, we will have as much of this story as we are will tell you is this: we must get to the TREY GOWDY, will not whitewash this going to get and move on. bottom of this without it being a polit- investigation. Our committee is not Mr. MCKEON, it is long past time for ical witch-hunt. empowered just to go off and fritter us to move on. So yesterday, I meticulously went away the time. They will be serious I really appreciate so much hearing through with the committee an under- members of this body. from Mr. CONNOLLY, the statement standing, and I stated three important I look forward to finding out who from Ambassador Stevens’ family—I parts of what this resolution is about: former Speaker PELOSI, minority lead- had not heard it before—and the elo- a select committee is authorized and er, appoints to the committee. I will be quence with which they talked about directed to conduct a full and complete intensely interested to see who Speak- him. Remember, he had only been investigation and study; and to issue a er BOEHNER appoints. And I would bet there in Benghazi—was basically there final report and its findings to the that they will represent the very best for the day, and everybody said—and House regarding all policies, decisions, from this body, that they will be young all of the things that I have read, he and activities that contributed to the men and young women who have been was that kind of man. attack on the United States facilities in and a part of understanding how to He spoke the language, and he want- in Benghazi, Libya, on September 11, carefully look for the facts of the case ed to be out with the people. He would 2012, as well as those that affected the and not an inch beyond, how to ask not have wanted to be behind the walls ability of the United States to prepare questions that are fair and those that of a compound, and he knew what he for these attacks; and number three, in represent the very best of only learning was doing, and he made his choices. particular, that information related to the truth and not an inch more.

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — HOUSE H3979 I have confidence that this House of scandalous that weak security allowed the AGREEMENT FOR COOPERATION Representatives, through the leader- killings to occur, and that the perpetrators still BETWEEN THE GOVERNMENT OF ship of Mr. GOWDY, will bring not only haven’t been brought to justice. But Repub- THE UNITED STATES OF AMER- excellence, but will stand as a model of licans are focusing on (United Nations Ambas- ICA AND THE GOVERNMENT OF how the House of Representatives sador Susan) Rice’s TV talking points, under THE SOCIALIST REPUBLIC OF should conduct itself when they have a the theory that she emphasized the role of a VIETNAM CONCERNING PEACE- problem with an administration, FUL USES OF NUCLEAR EN- provocative video and street protests so the whether it be Republican or Democrat. ERGY—MESSAGE FROM THE I will predict today that those people violence wouldn’t disprove President Obama’s PRESIDENT OF THE UNITED that former Speaker PELOSI brings to contention before the 2012 election that terror- STATES (H. DOC. NO. 113–109) ists were being defeated.’ the table and that we bring to the table The SPEAKER pro tempore laid be- will be prepared to do exactly that. Mr. DUFFY. Mr. Speaker, I rise in support of fore the House the following message Mr. Speaker, with that, I know I am H. Res. 567 and urge the House to approve from the President of the United ending my time. I yield back the bal- the measure as soon as possible. States; which was read and, together ance of my time. On September 11, 2012, a group of terror- with the accompanying papers, referred Ms. BROWN of Florida. Mr. Speaker, this to the Committee on Foreign Affairs ists ruthlessly attacked our consulate in week the House will debate and vote on a res- and ordered to be printed: olution authorizing a new Select Committee on Benghazi and killed four Americans: U.S. Am- To the Congress of the United States: bassador to Libya Christopher Stevens, For- Benghazi. Indeed, the attack in Libya was a I am pleased to transmit to the Con- tragedy, as is losing an Ambassador doing of- eign Service Information Management Officer gress, pursuant to sections 123 b. and ficial work for the United States abroad, but Sean Smith, and two private security contrac- 123 d. of the Atomic Energy Act of 1954, using these deaths to score political points is tors and former Navy SEALs, Glen Doherty as amended (42 U.S.C. 2153(b), (d)) (the politics at its worst. After 9/11, our nation and Tyrone Woods. The terrorists who per- ‘‘Act’’), the text of a proposed Agree- came together to do what is best for all Ameri- petrated the attack have still not been brought ment for Cooperation between the Gov- cans. There were no gotcha politics, no hear- to justice and the State Department officials, ernment of the United States of Amer- ings to blame the victims; instead, we worked whose failure of leadership contributed to ica and the Government of the Social- together as a unified body on Capitol Hill to grossly inadequate security In Benghazi, have ist Republic of Vietnam Concerning protect the American people. not been held accountable. Peaceful Uses of Nuclear Energy (the There have already been seven reviews of ‘‘Agreement’’). I am also pleased to that terrible attack: one by the State Depart- Despite numerous House oversight hearings transmit my written approval, author- ment’s Accountability Review Board, two bi- on this issue, it is clear that there are too ization, and determination concerning partisan reviews in the Senate, and four par- many questions that remain unanswered. Ad- the Agreement, and an unclassified Nu- tisan reviews in the House. It certainly seems ditionally, the Administration’s unwillingness to clear Proliferation Assessment State- as though the Republicans’ proposed special present full and accurate information to these ment (NPAS) concerning the Agree- committee is nothing more than an attempt to Congressional committees show officials are ment. (In accordance with section 123 exploit the deaths of four brave Americans to more interested in maintaining their public of the Act, as amended by title XII of divert attention away from their own do-noth- image than providing real answers. the Foreign Affairs Reform and Re- ing record here in Washington. structuring Act of 1998 (Public Law 105– Moreover, this new select committee is in That is why I am proud the House of Rep- 277), a classified annex to the NPAS, reality, nothing more than a monumental resentatives is considering H. Res. 567 that prepared by the Secretary of State in waste of time and taxpayer dollars to help Re- establishes a Select Committee on the events consultation with the Director of Na- publicans mobilize their extreme base ahead surrounding the 2012 terrorist attacks in tional Intelligence, summarizing rel- of the election. According to the Department of Benghazi. In fact, I was a proud cosponsor of evant classified information, will be Defense in fact, they have already spent mil- a similar measure. I also want to thank you submitted to the Congress separately.) lions of dollars and thousands of hours re- Mr. Speaker for appointing Rep. TREY GOWDY The joint memorandum submitted to sponding to congressional inquiries. Nor will to head the Select Committee. A former fed- me by the Secretaries of State and En- the new select committee have any additional eral prosecutor who never lost a case, I know ergy and a letter from the Chairman of powers that Chairman ISSA doesn’t have al- my friend and colleague from South Carolina the Nuclear Regulatory Commission ready—including the ability to issue unilateral stating the views of the Commission Rep. GOWDY will help these grieving American subpoenas for any document or any witness, are also enclosed. An addendum to the families finally get the answers they deserve. authority he just used to subpoena the Sec- NPAS containing a comprehensive retary of State. I am hopeful that this Select Committee will analysis of Vietnam’s export control To be sure, Benghazi was not the first time finish the much needed work of holding the system with respect to nuclear-related Americans have been killed in an embassy Administration accountable for its failures sur- matters, including interactions with while in the service to their country. In the last rounding this attack, deliver justice to those other countries of proliferation con- 100 years, there have been 39 attacks on terrorists who murdered these four Americans, cern and the actual or suspected nu- U.S. embassies with at least 44 American and bring peace to the families of the victims. clear, dual-use, or missile-related deaths. In one Embassy bombing in fact, a transfers to such countries, pursuant constituent of mine, Mr. Julian Bartley, Sr. one I urge Members to support this resolution. to section 102A of the National Secu- of the most senior African Americans in the The SPEAKER pro tempore. All time rity Act of 1947 (50 U.S.C. 403–1), as U.S. Foreign Service, was the highest-ranking for debate has expired. amended, is being submitted separately U.S. official killed in the August 7th, 1998 ex- Pursuant to House Resolution 575, by the Director of National Intel- plosions at the American Embassies in Nairobi ligence. and Dar es Salaam, Tanzania. Jay, his son, a the previous question is ordered on the The proposed Agreement has been ne- sophomore at the U.S. International University resolution. gotiated in accordance with the Act in Nairobi, also died in that explosion. The question is on the resolution. and other applicable law. In my judg- On that day in August, Osama bin Laden The question was taken; and the ment, it meets all applicable statutory and his terrorist group, al-Qaeda, simulta- requirements and will advance the non- Speaker pro tempore announced that neously set off bombs at the American embas- proliferation and other foreign policy sies in Nairobi and Dar es Salaam, Tanzania. the ayes appeared to have it. interests of the United States. More than 250 people were killed, including 12 Ms. SLAUGHTER. Mr. Speaker, on The proposed Agreement provides a Americans, and 5,000 wounded in the twin that I demand the yeas and nays. comprehensive framework for peaceful nuclear cooperation with Vietnam bombing attacks: we were all outraged at The yeas and nays were ordered. these coordinated attacks on Americans. based on a mutual commitment to nu- However, as Dana Milbank of the Wash- The SPEAKER pro tempore. Pursu- clear nonproliferation. Vietnam has af- ington Post put it: ‘Benghazi doesn’t qualify as ant to clause 8 of rule XX, further pro- firmed that it does not intend to seek a scandal because the Republican allegations, ceedings on this question will be post- to acquire sensitive fuel cycle capabili- even if true, don’t amount to much. It is indeed poned. ties, but instead will rely upon the

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H3980 CONGRESSIONAL RECORD — HOUSE May 8, 2014 international market in order to en- mote, and will not constitute an unrea- (1) Subsection (c) of section 41 of such Code sure a reliable nuclear fuel supply for sonable risk to, the common defense is amended to read as follows: Vietnam. This political commitment and security. Accordingly, I have ap- ‘‘(c) DETERMINATION OF AVERAGE RESEARCH EXPENSES FOR PRIOR YEARS.— by Vietnam has been reaffirmed in the proved the Agreement and authorized ‘‘(1) SPECIAL RULE IN CASE OF NO QUALIFIED preamble of the proposed Agreement. its execution and urge that the Con- RESEARCH EXPENDITURES IN ANY OF 3 PRE- The Agreement also contains a legally gress give it favorable consideration. CEDING TAXABLE YEARS.—In any case in binding provision that prohibits Viet- This transmission shall constitute a which the taxpayer has no qualified research nam from enriching or reprocessing submittal for purposes of both sections expenses in any one of the 3 taxable years U.S.-origin material without U.S. con- 123b. and 123d. of the Act. preceding the taxable year for which the sent. My Administration is prepared to credit is being determined, the amount de- The proposed Agreement will have an termined under subsection (a)(1) for such begin immediately the consultations taxable year shall be equal to 10 percent of initial term of 30 years from the date of with the Senate Foreign Relations the qualified research expenses for the tax- its entry into force, and will continue Committee and the House Foreign Af- able year. in force thereafter for additional peri- fairs Committee as provided for in sec- ‘‘(2) CONSISTENT TREATMENT OF EXPENSES.— ods of 5 years each. Either party may tion 123b. Upon completion of the 30 ‘‘(A) IN GENERAL.—Notwithstanding wheth- terminate the Agreement on 6 months’ days of continuous session review pro- er the period for filing a claim for credit or advance written notice at the end of vided for in section 123b., the 60 days of refund has expired for any taxable year taken into account in determining the aver- the initial 30 year term or at the end of continuous session review provided for any subsequent 5-year period. Addi- age qualified research expenses, or average in section 123d. shall commence. basic research payments, taken into account tionally, either party may terminate BARACK OBAMA. under subsection (a), the qualified research the Agreement on 1 year’s written no- THE WHITE HOUSE, May 8, 2014. expenses and basic research payments taken tice. I recognize the importance of ex- f into account in determining such averages ecutive branch consultations with the shall be determined on a basis consistent Congress regarding the status of the AMERICAN RESEARCH AND with the determination of qualified research Agreement prior to the end of the 30- COMPETITIVENESS ACT OF 2014 expenses and basic research payments, re- year period after entry into force and spectively, for the credit year. Mr. CAMP. Mr. Speaker, pursuant to ‘‘(B) PREVENTION OF DISTORTIONS.—The prior to the end of each 5-year period House Resolution 569, I call up the bill Secretary may prescribe regulations to pre- thereafter. To that end, it is my strong (H.R. 4438) to amend the Internal Rev- vent distortions in calculating a taxpayer’s recommendation that future adminis- enue Code of 1986 to simplify and make qualified research expenses or basic research trations conduct such consultations permanent the research credit, and ask payments caused by a change in accounting with the appropriate congressional for its immediate consideration. methods used by such taxpayer between the committees at the appropriate times. current year and a year taken into account The Clerk read the title of the bill. in determining the average qualified re- The proposed Agreement permits the The SPEAKER pro tempore. Pursu- transfer of information, material, search expenses or average basic research ant to House Resolution 569 and House payments taken into account under sub- equipment (including reactors), and Resolution 576, the amendment in the section (a).’’. components for nuclear research and nature of a substitute recommended by (2) Section 41(e) of such Code is amended— nuclear power production. It does not the Committee on Ways and Means, (A) by striking all that precedes paragraph permit transfers of Restricted Data, printed in the bill, and the further (6) and inserting the following: ‘‘(e) BASIC RESEARCH PAYMENTS.—For pur- sensitive nuclear technology, sensitive amendment printed in part B of House nuclear facilities, or major critical poses of this section— Report 113–444, are adopted. The bill, as ‘‘(1) IN GENERAL.—The term ‘basic research components of such facilities. In the amended, is considered read. payment’ means, with respect to any taxable event of termination of the Agreement, The text of the bill, as amended, is as year, any amount paid in cash during such key nonproliferation conditions and follows: taxable year by a corporation to any quali- controls continue with respect to ma- H.R. 4438 fied organization for basic research but only terial, equipment, and components sub- if— Be it enacted by the Senate and House of Rep- ject to the Agreement. ‘‘(A) such payment is pursuant to a written resentatives of the United States of America in agreement between such corporation and Vietnam is a non-nuclear-weapon Congress assembled, state party to the Treaty on the Non- such qualified organization, and SECTION 1. SHORT TITLE. Proliferation of Nuclear Weapons. ‘‘(B) such basic research is to be performed This Act may be cited as the ‘‘American by such qualified organization. Vietnam has in force a comprehensive Research and Competitiveness Act of 2014’’. ‘‘(2) EXCEPTION TO REQUIREMENT THAT RE- safeguards agreement and an Addi- SEC. 2. RESEARCH CREDIT SIMPLIFIED AND SEARCH BE PERFORMED BY THE ORGANIZA- tional Protocol with the International MADE PERMANENT. TION.—In the case of a qualified organization Atomic Energy Agency. Vietnam is a (a) IN GENERAL.—Subsection (a) of section described in subparagraph (C) or (D) of para- party to the Convention on the Phys- 41 of the Internal Revenue Code of 1986 is graph (3), subparagraph (B) of paragraph (1) ical Protection of Nuclear Material, amended to read as follows: shall not apply.’’, which establishes international stand- ‘‘(a) IN GENERAL.—For purposes of section (B) by redesignating paragraphs (6) and (7) ards of physical protection for the use, 38, the research credit determined under this as paragraphs (3) and (4), respectively, and section for the taxable year shall be an (C) in paragraph (4) as so redesignated, by storage, and transport of nuclear mate- amount equal to the sum of— striking subparagraphs (B) and (C) and by re- rial, and has ratified the 2005 Amend- ‘‘(1) 20 percent of so much of the qualified designating subparagraphs (D) and (E) as ment to the Convention. A more de- research expenses for the taxable year as ex- subparagraphs (B) and (C), respectively. tailed discussion of Vietnam’s intended ceeds 50 percent of the average qualified re- (3) Section 41(f)(3) of such Code is amend- civil nuclear program and its nuclear search expenses for the 3 taxable years pre- ed— nonproliferation policies and practices, ceding the taxable year for which the credit (A)(i) by striking ‘‘, and the gross receipts’’ including its nuclear export policies is being determined, in subparagraph (A)(i) and all that follows and practices, is provided in the NPAS ‘‘(2) 20 percent of so much of the basic re- through ‘‘determined under clause (iii)’’, search payments for the taxable year as ex- (ii) by striking clause (iii) of subparagraph and in a classified annex to the NPAS ceeds 50 percent of the average basic re- (A) and redesignating clauses (iv), (v), and submitted to you separately. As noted search payments for the 3 taxable years pre- (vi), thereof, as clauses (iii), (iv), and (v), re- above, the Director of National Intel- ceding the taxable year for which the credit spectively, ligence will provide an addendum to is being determined, plus (iii) by striking ‘‘and (iv)’’ each place it ap- the NPAS containing a comprehensive ‘‘(3) 20 percent of the amounts paid or in- pears in subparagraph (A)(iv) (as so redesig- analysis of Vietnam’s export control curred by the taxpayer in carrying on any nated) and inserting ‘‘and (iii)’’, system with respect to nuclear-related trade or business of the taxpayer during the (iv) by striking subclause (IV) of subpara- matters. taxable year (including as contributions) to graph (A)(iv) (as so redesignated), by strik- I have considered the views and rec- an energy research consortium for energy re- ing ‘‘, and’’ at the end of subparagraph search.’’. (A)(iv)(III) (as so redesignated) and inserting ommendations of the interested depart- (b) REPEAL OF TERMINATION.—Section 41 of a period, and by adding ‘‘and’’ at the end of ments and agencies in reviewing the such Code is amended by striking subsection subparagraph (A)(iv)(II) (as so redesignated), proposed Agreement and have deter- (h). (v) by striking ‘‘(A)(vi)’’ in subparagraph mined that its performance will pro- (c) CONFORMING AMENDMENTS.— (B) and inserting ‘‘(A)(v)’’, and

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — HOUSE H3981 (vi) by striking ‘‘(A)(iv)(II)’’ in subpara- businesses to do substantial amounts tinue to search for a job. Working peo- graph (B)(i)(II) and inserting ‘‘(A)(iii)(II)’’, of recordkeeping, maintain countless ple are having a tough time too. They (B) by striking ‘‘, and the gross receipts of receipts, and perform complex calcula- are having a tough time climbing the the predecessor,’’ in subparagraph (A)(iv)(II) tions. economic ladder of success, partly be- (as so redesignated), (C) by striking ‘‘, and the gross receipts Notably, the R&D credit has been cause America is struggling to remain of,’’ in subparagraph (B), historically bipartisan. In fact, just a competitive in the global marketplace. (D) by striking ‘‘, or gross receipts of,’’ in few years ago, Congressman LEVIN, now However, we have an opportunity to subparagraph (B)(i)(I), and ranking Democrat on Ways and Means, change that today by passing this leg- (E) by striking subparagraph (C). and I cosponsored the House bill to ex- islation and improving the R&D tax (d) EFFECTIVE DATE.— tend the research and development tax credit and making it permanent. (1) IN GENERAL.—Except as provided in credit. Today the bill is led by Mr. This action will grant the U.S. a paragraph (2), the amendments made by this BRADY and Mr. LARSON and has many chance to compete for more research section shall apply to taxable years begin- other Republican and Democrat co- and development investment dollars ning after December 31, 2013. while manufacturers are being courted (2) SUBSECTION (b).—The amendment made sponsors. by subsection (b) shall apply to amounts paid Many on the other side of the aisle by other countries that have more sta- or incurred after December 31, 2013. have commented about the fact that ble R&D tax incentives and lower cor- SEC. 3. PAYGO SCORECARD this job-creating provision is unpaid porate tax rates. But the positive eco- (a) PAYGO SCORECARD.—The budgetary ef- for. I would note that this provision, nomic impact will not be constrained fects of this Act shall not be entered on ei- among other extenders, has histori- to manufacturing alone. It will also ther PAYGO scorecard maintained pursuant cally not been paid for. All together, bring new investments to the energy to section 4(d) of the Statutory Pay-As-You- Ways and Means Democrats have cast industry, medical research, STEM ad- Go Act of 2010. vancements, and information tech- (b) SENATE PAYGO SCORECARD.—The budg- 71 votes on this floor in favor of unpaid extensions of this policy. That nology, among others. etary effects of this Act shall not be entered A 2011 study by Ernst & Young found on any PAYGO scorecard maintained for amounts to 15 years’ worth of exten- that strengthening the R&D tax credit purposes of section 201 of S. Con. Res. 21 sions. would raise wages by up to $3 billion in (110th Congress). While the change of tune may be for the short term and $8 billion in the The SPEAKER pro tempore. The gen- political reasons, I think we can all long term. It would also increase em- tleman from Michigan (Mr. CAMP) and agree that this is the right policy. ployment related to research by 130,000 the gentleman from Michigan (Mr. Making the R&D tax credit permanent in the short term and over 300,000 jobs LEVIN) each will control 30 minutes. is an important first step to achieving in the long term. With the American The Chair recognizes the gentleman growth and putting us on a path to- economy sputtering along, this bill cre- from Michigan (Mr. CAMP). ward comprehensive reform that lowers ates an opportunity that we simply GENERAL LEAVE rates and makes the Code simpler and cannot afford to pass up. Mr. CAMP. Mr. Speaker, I ask unani- fairer. It also supports good-paying Mr. Speaker, to put it simply, this mous consent that all Members have 5 jobs. According to the National Asso- legislation is about jobs. This legisla- legislative days in which to revise and ciation of Manufacturers, 70 percent of tion is about giving American workers extend their remarks and to include ex- R&D credit dollars are used to pay sal- and middle class families a chance at traneous material on H.R. 4438. aries of R&D workers. new opportunities. This legislation is The SPEAKER pro tempore. Is there The United States was once the about creating an America that works objection to the request of the gen- world leader in providing research in- again, an America that works again for tleman from Michigan? centives to U.S. companies so that U.S. everybody. There was no objection. companies could innovate and create Let’s stand together in a bipartisan Mr. CAMP. Mr. Speaker, I yield my- new technologies and products, but we fashion and pass this bill so that we self such time as I may consume. have fallen far behind. Other countries can help turn this economy around and Mr. Speaker, our current Tax Code is are moving past the United States, begin to move in the right direction broken. It is hurting families and hurt- putting American companies at risk of once again. ing our ability to create good-paying falling further behind. Countries like I want to thank Chairman CAMP for jobs in this country. Japan, the United Kingdom, Canada, his leadership in bringing this bill for- Last week we learned that the econ- Russia, and Slovenia have all invested ward, for Congressman BRADY in the omy grew 0.1 percent in the first quar- more in research and development sup- Chamber from Texas, and the rest of ter of 2014. One-tenth of a percent of port than the United States. the Ways and Means Committee for growth is unacceptable. Hardworking b 1730 their hard work on this issue. families and small businesses are I urge my colleagues in the House to struggling in this economy, wages are This is unacceptable and we can do support this bill. flat, and businesses are not growing. better. A strong permanent credit not Mr. LEVIN. Mr. Speaker, I yield as Beyond having the dubious distinc- only provides the certainty employers much time as he may consume to the tion of the highest corporate rate in need, but the Joint Committee on Tax- gentleman from Maryland (Mr. VAN the world, the United States is the ation estimates that making the R&D HOLLEN), the ranking member on the only country that also allows impor- credit permanent will increase the Budget Committee. tant pieces of its Tax Code, like the re- amount of research and development Mr. VAN HOLLEN. Mr. Speaker, I search and development tax credit, to American companies undertake by up want to thank my friend and colleague, expire on a regular basis. to 10 percent. That translates into the ranking member of the Ways and Businesses can’t grow and invest more workers, higher wages, and in- Means Committee, for all the work he when the Tax Code is riddled with in- creased innovation here in the United has done on tax policy to make sure we stability and uncertainty. The research States. have a tax policy that is both pro- and development credit, the permanent Mr. Speaker, I yield 1 minute to the growth and works for the country. And extension we have before us today, has gentleman from Virginia, Leader CAN- I want to commend the chairman of been part of the U.S. Tax Code since TOR. the Ways and Means Committee for his 1981. Renewed year after year, the cred- Mr. CANTOR. Mr. Speaker, I thank efforts on tax reform. it has long been bipartisan and an ef- the chairman, the gentleman from I wish what we were doing today was fective way to incentivize U.S. compa- Michigan. talking about real tax reform. Many of nies to innovate, create new products, Mr. Speaker, I rise today in strong us agree that we need to reform our and invest in the United States. support of the American Research and corporate Tax Code, that we do need to The bill we have before us is a result Competitiveness Act. deal with the rates and we need to deal of years of work that the Ways and Mr. Speaker, right now, America with the base. Means Committee members have put isn’t working for too many people. But that is not what this is about. into tax reform. By simplifying the Last month alone, 800,000 people left The Speaker decided not to bring be- credit, we eliminate the burden on the workforce, and many more con- fore this full House the tax reform bill

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H3982 CONGRESSIONAL RECORD — HOUSE May 8, 2014 that the chairman of the Ways and at the five bills coming forward, they way that doesn’t bust the deficit wide Means Committee has worked on, and put the Republican budget at a balance open and leave our kids having to pick that is not what we are dealing with even on its own terms. They used funny up the tab either through higher inter- today. Nor is what we are dealing with math to claim that their budget was est rates or cuts to their education. today whether we are for or against the balanced. They actually used the rev- That is not right. research and development tax credit. enue from the Affordable Care Act— I urge my colleagues to vote against The chairman of the committee said ObamaCare—even when they said they this legislation. there is bipartisan support for the R&D are getting rid of it. But let’s give Mr. CAMP. Mr. Speaker, I would just tax credit. I agree, it is a pro-growth them that for a moment. note for the record that the previous tax policy. By their own terms, these five bills speaker, the gentleman from Maryland, The issue is whether we extend it on now mean that their own budget, Re- has voted four times to extend the re- a permanent basis and unpaid for, not publican budget, is not in balance any- search and development tax credit, one penny of it paid for. The chairman more. We are in favor of the R&D tax none of them paid for, for a total of 71⁄2 mentioned that we had raised this on credit. We would like to find a way to years. an annual basis in the past. That is permanently extend it, but let’s do it With that, I yield 2 minutes to the true. One of the reasons we didn’t take in a fiscally responsible manner. gentleman from Texas (Mr. BRADY), a it up on a permanent basis was because Here is the thing, Mr. Chairman—all distinguished member of the Ways and everybody realized what impact it of us know this. When you don’t pay Means Committee and chairman of the would have on our long-term deficit for it, when you put it on a credit card, Joint Economic Committee. and said, you know, that is not good at the end of the day somebody is pay- Mr. BRADY of Texas. Mr. Speaker, I fiscal policy, that is not good fiscal dis- ing for it. Now, last night we pointed thank the chairman for bringing this cipline, let’s try and work together to out that the Republican proposal was important bill, the American Research get it done in a fiscally responsible actually going to pay for it by hitting and Competitiveness Act, to the House way. Medicare. They left in place a Medicare floor. This is a bipartisan bill. I am glad But instead of doing that, we now sequester under statutory PAYGO. not only to be the lead sponsor, but to have our colleagues coming forth and They were going to ask Medicare to be working with my friend, a Demo- doing it in a way that puts it on a cred- pay for these tax credits. I am glad crat, JOHN LARSON from Connecticut, it card, puts it on a credit card. Not they reconsidered that. But at the end on this important bill. We follow in the one penny is paid for. We have this of the day someone has got to pay. Who footsteps of two other bipartisan lead- R&D tax credit bill before us today. pays? ers, Chairman DAVE CAMP and Ranking There are four other business tax in- Let’s go back and look at the Repub- Member SANDY LEVIN, who carried this centive bills that are coming out of the lican budget from a few weeks ago. I bill together in a bipartisan way with Ways and Means Committee. Together will tell you who pays. Because that strong support from Republicans and they add $310 billion to the deficit. budget refuses to close any of those Democrats. That means $310 billion on our national wasteful tax breaks, whether it is for In the day and age where we look at credit card. corporate jets—whether it is for big oil our smart phone or our tablet and we Now, what is interesting is it was companies, whether it is for hedge fund see sort of the impact of technology on probably less than a month ago that on owners—because they refuse to do any our lives, many of us have family mem- the floor of this very House we had a of those to reduce the deficit they bers and parents for whom medical debate on the Republican budget. We come after our kids’ education: deep breakthroughs have saved lives, were told then that the most impor- cuts in Head Start, deep cuts in K lengthened lives, given back quality of tant thing we could do for long-term through 12, deep cuts in helping more life. We see people who are disabled economic growth was to reduce long- students afford college, deep cuts in through technology now able to live term deficits. That was the be-all and medical research, scientific research. full lives and work full lives because end-all. It is important. And do you We are talking about the importance of America is innovative. This is about know what? We agree it is important giving the private sector incentives to jobs, but it is about people as well. to reduce the long-term deficits. The invest in R&D—that is right. America used to lead the world in re- question is not whether, it is how. But when you cut the nondefense dis- search incentives, but today we have So we proposed, in addition to some cretionary budget by 25 percent com- fallen to 27th. China, Russia, and other of the cuts we have already made in pared to now over the next 10 years, global competitors are quickly sur- this House, that we also close some of you are also cutting our capacity as a passing us in their share of the econ- the unproductive wasteful special in- country to invest in cutting-edge R&D. omy devoted to research. If we don’t terest tax breaks that happen to go to After all, there were Federal Govern- permanently commit to encouraging different interests around the country, ment investments that helped launch new innovation in technology, in man- not because it is important to our the Internet, which has had huge eco- ufacturing, in energy, in medical economy, not because it helps the nomic benefits. Investments in sci- breakthroughs, over time we will lose economy grow, but because they hap- entific research at NIH, huge benefits. our place as the largest economy in the pen to have a lot of influence here in That’s why it is so important to do world. Washington. So we should get rid of this in a fiscally responsible manner. We need to make permanent this key some of those to help pay for pro- Because when you add $310 billion to tax incentive that encourages Amer- growth tax policy like the R&D tax the deficit somebody pays at the end of ican companies to increase their in- credit. But our Republican colleagues the day. vestments in America in research and said no. They wouldn’t close one, not What we have said is, let’s pay for it development of new product break- one special interest tax break to help in a way that makes sense, a combina- throughs. When we do that, when we reduce the deficit, not one. tion of cuts, many of which have been make this temporary provision—tem- So here we are today after all that made, but also getting rid of the unpro- porary for 34 years by the way—when talk just a few weeks ago about reduc- ductive wasteful tax breaks that are in we make it permanent we will create ing the deficit doing a permanent and the Tax Code, which are there not be- over 300,000 new American jobs and unpaid-for extension of the R&D tax cause of the economic benefit, but be- raise workers’ wages by almost $10 bil- credit—the first installment of, as I cause of the power of a lobby here in lion. said, five bills that will add $310 billion Washington. What this bill does is it simplifies to the deficit, all on a credit card. I would hope we would go back to this provision so that small- and me- In fact, Mr. Chairman, I don’t know what the chairman of the committee dium-size businesses can also take ad- if all the Members know, they had to actually wanted to do when he started vantage of this credit. waive their own rules because this bill the effort of tax reform a couple of The SPEAKER pro tempore. The is inconsistent with the budget that years ago and beyond, which was, yes, time of the gentleman has expired. was passed in this House a few weeks let’s do real tax reform, let’s do it in a Mr. CAMP. I yield an additional 30 ago—inconsistent. In fact, if you look way that makes sense, let’s do it in a seconds to the gentleman from Texas.

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — HOUSE H3983 Mr. BRADY of Texas. According to 15 times since it was first enacted in ment of 1990 that President George the Joint Committee on Taxation, 1981, making it impossible for busi- H.W. Bush signed into law and then fol- making it permanent will lead to a 10 nesses to plan their research and devel- lowed by the budget agreement of 1993, percent increase in new research here opment activities in the future. when President Clinton was in office. in America. The fact is American com- When businesses have certainty, they Subsequently, with the strength of a panies are going to invest in research. can plan for the future, and when they vibrant, growing economy in which 24 The question is, are they going to do it can plan for the future, they have the million private sector jobs were cre- in America or are they going to do it confidence to hire workers and to cre- ated, along with pay-as-you-go budg- overseas? We can’t allow foreign coun- ate jobs. eting rules that were in place, Presi- tries to take this research, the jobs Second, Mr. Speaker, there was a dent Clinton saw 4 years of budget sur- that go with technology. It is time to time when it was understood that busi- pluses at the end of his term, when we come together—Republicans and Demo- nesses would perform their research were paying down the national debt, crats—to make this law permanent. and development activities right here rather than adding to it. Mr. LEVIN. Mr. Speaker, I now yield in the United States of America. Thank God we were at that time be- 3 minutes to the gentleman from Illi- Today, that is not the case. cause, when September 11 hit—that un- nois (Mr. DANNY K. DAVIS), another dis- In my home State of Washington, we expected disaster against our Nation— tinguished member of the Ways and don’t have to look too far to see ex- we had financial resources with which Means Committee. actly what other countries are doing to to respond. Mr. DANNY K. DAVIS of Illinois. Mr. attract research and development. After my Republican colleagues took Speaker, I rise in opposition to this Let’s just take Canada, for example, complete control of the Federal Gov- legislation. which is just right north of Washington ernment during the 2000s, with Presi- H.R. 4438 would add $156 billion to the State. dent Bush’s election, they reverted deficit to provide permanent tax In Canada, not only have they re- back to bad habits—with two large tax breaks for businesses while doing noth- duced their federal corporate tax rate cuts that weren’t paid for; with two ing for the 2.6 million Americans living to 15 percent, but they have made it major wars that weren’t paid for; with the constant nightmare of long-term permanent. On top of this, the various the passage of a new prescription drug unemployment. provinces and territories have added bill, which was the largest expansion of H.R. 4438 does nothing to help low-in- their own research tax incentives. entitlement spending since Medicare come working families by permanently For example, in British Columbia, was created in ’65—and not a nickel of extending the earned income tax credit there is an additional 10 percent re- it paid for; the largest increase in dis- or the child tax credit used by over search and development tax credit. We cretionary spending since the Great 100,000 of my constituents and credits can’t compete with that in the United Society—none of it paid for. that keep millions of Americans out of States of America. We can’t compete When President Obama took office, poverty. with that in Washington State. he inherited a $1.5 trillion budget def- Mr. BRADY’s bill helps get us back in icit in his first year. They have not b 1745 the game of competing for research and been shy in laying the blame of fiscal Further, H.R. 4438 does nothing to development dollars. It provides a per- mismanagement in the structural an- incentivize businesses to hire hard-to- manent tax credit of 20 percent and al- nual budget deficits at the current employ workers via the work oppor- lows expenditures on supplies and soft- President’s doorstep, and yet this is ex- tunity tax credit, to help revitalize dis- ware to be a part of the credit’s base. actly what gets us into this spot. tressed communities via the new mar- This bill represents a step in the Now, with regard to the policy be- kets tax credit, to help the elderly do- right direction of fixing our Tax Code, hind the permanent extension, you are nate to charities via the IRA chari- making our economy competitive. not going to hear much dispute or table rollover, to create affordable Most importantly, Mr. Speaker, this much debate about that. This is all housing via the low-income housing bill is about creating jobs for Ameri- about who is going to be fiscally re- tax credit, to reimburse the 3.7 million cans, so I urge my colleagues to sup- sponsible and do the hard work of try- teachers the hundreds of dollars a year port its passage. ing to find offsets in the budget to do that they pay out of their own pockets. Mr. LEVIN. Mr. Speaker, I now yield it the right way, so we are not leaving In the name of fiscal responsibility, such time as he may consume to the a legacy of debt to our children, so we the Republican leadership has justified distinguished gentleman from Wis- are not continuing to borrow from refusing to help the unemployed and consin (Mr. KIND), a member of our China. slashing food stamps for poor families, committee. We can go back over the last 4 years cutting health care and services for Mr. KIND. I thank my friend for and repeat the same statements that seniors and limiting services for foster yielding me this time. we have heard from my Republican use. Mr. Speaker, I rise in strong support friends about the need for fiscal man- Even worse, the Republican leader- of the goal to permanently extend the agement and tough decisions in budg- ship understands that, as a law, H.R. research and development tax credit. eting. 4438’s failure to pay for its $156 billion Our businesses, large and small, need What is perhaps the height of cyni- price tag will cause automatic cuts to that certainty. They can’t be trying to cism this evening is that, in a few Medicare, to student loans, and to make budgetary decisions in order to short weeks after having passed the other mandatory safety net programs help grow the economy and create jobs Republican Ryan budget resolution, because the bill violates PAYGO. on these short-term measures that they are violating it here tonight. It I strongly urge my colleagues to vote have been coming through Congress. called for offsets for any permanent ex- ‘‘no’’ on this business giveaway. What I have an objection to this tension in the Tax Code, and that is Mr. CAMP. Mr. Speaker, I yield 2 evening and where the problem lies not what we are doing here. minutes to the gentleman from Wash- with this legislation before us today is What is really disheartening is there ington State (Mr. REICHERT), a distin- that none of it is paid for. We have is a plan B. To Chairman CAMP’s credit, guished member of the Ways and been to this dance before. We know a few weeks ago, he released a com- Means Committee. what works and what doesn’t work prehensive tax reform draft discussion Mr. REICHERT. I thank the gen- when it comes to the fiscal manage- in order to simplify the Code, to make tleman for yielding. ment of our Nation. us more competitive, to broaden the Mr. Speaker, I rise in support of the What works is pay-as-you-go budg- base, and to lower the rates; but he American Research and Competitive- eting rules. If there is going to be a paid for it through some tough deci- ness Act. This bill takes a couple of im- revenue reduction or a spending in- sions with expenditures that don’t portant steps in improving a tax credit crease, you have to find an offset in the make sense to help us be competitive that supports tens of thousands of jobs budget to pay for it to maintain bal- in the 21st century. in my home State of Washington State. ance. We can go back to that proposal and First of all, it makes the credit per- We had that system in place during look for some of the items that Chair- manent. This credit has been extended the 1990s, thanks to the budget agree- man CAMP, himself, was proposing as a

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H3984 CONGRESSIONAL RECORD — HOUSE May 8, 2014 way to pay for this permanent exten- this is just the first of six tax extend- gentlelady from Texas (Ms. EDDIE BER- sion tonight. Earlier this year, Presi- ers that will inevitably be coming up. I NICE JOHNSON). dent Obama, in the budget he sub- hope this isn’t the pattern we are going Ms. EDDIE BERNICE JOHNSON of mitted, had items of pay-fors within to be seeing with the five additional Texas. Mr. Speaker, I regrettably rise the Tax Code that we can scrub be- ones, in that they are going to come in opposition to H.R. 4438, a bill that cause there is overlap between the two. forward without any pay-fors and say: would simplify and make the research Really, what this comes down to is let’s load up the debt, and let’s claim and development tax credit permanent. who is serious about doing the tough that the economy is going to grow and As ranking member of the Science, stuff, which is finding offsets in order that everything is going to be fine Space, and Technology Committee, I to do the good policy that we are miss- afterwards. have been a longtime supporter and ad- ing here this evening. Yes, we should We know that hasn’t worked in the vocate for making the R&D tax credit be finding a way to permanently ex- past. It is not going to work tonight. I permanent. The R&D tax credit pro- tend the R&D credit. Our businesses, encourage my colleagues to vote ‘‘no.’’ motes innovation and encourages the large and small, need that certainty. We have got time. We can work with creation and retention of jobs in the My name is on this bill, but it was al- the Senate, and we can work with what United States. ways under the proviso that we would Chairman CAMP was proposing and Unfortunately, since being created in be fiscally responsible in moving for- with what the administration was pro- the early 1980s, the R&D tax credit has ward and not leave this legacy for fu- posing in its budget. We can find the been allowed to lapse and has needed to ture generations. I also think we ought appropriate offsets and do the respon- be extended year after year. The busi- to be doing a permanent 179 expensing sible thing. ness community needs certainty when for our small businesses and family Let’s end this legacy of deficit fi- planning long-term research and devel- farmers. nancing, and let’s give our children the opment investments, and many have It is another expensive item, but hope and opportunity that they de- called for this important tax credit to there are areas in the Tax Code we can serve. be made permanent. Mr. CAMP. Mr. Speaker, I yield my- look to in order to find offsets to pay In the famous National Academies’ for it, which I also think is important self such time as I may consume. I would just say that the previous ‘‘Rising Above the Gathering Storm’’ for the job creation and economic speaker, the gentleman from Wis- report, making the R&D tax credit growth we need in this Nation. consin, has voted five times to extend stronger and permanent was one of We are $17 trillion in debt, and people the research and development tax cred- their 10 recommendations on congres- are wondering who is to blame. You sional actions to improve our Nation’s it—for 121⁄2 years—with not a nickel of can look this evening at a bill before us it paid for, to use his words. competitiveness. today that calls for $156 billion over Let me just say that our friends in Private sector leaders also agree that the next 10 years—not a nickel of it the Senate are advancing an ‘‘unpaid- there is a clear and necessary role for paid for. for’’ extension of all of the extenders to government in all aspects of our inno- We can do better. We have to do bet- the tune of $85 billion. I just think, to vation ecosystem, from the direct fund- ter for our children and for future gen- follow their line of logic, they would ing of fundamental research, to incen- erations. The clock is ticking on all of say we need to raise taxes to keep tives for the private sector to increase this. We don’t have this luxury of de- taxes the same. That makes no sense. their R&D investments. laying the tough decisions anymore. We haven’t done it for almost 30 years, Often, private sector R&D invest- There are other avenues that we can and we shouldn’t do it now. ments are built upon years of direct take, and I am confident, if we were to I reserve the balance of my time. government research funding. For ex- sit down and talk to each other, we Mr. LEVIN. Mr. Speaker, I yield 1 ample, the Internet and the GPS were could find some common ground and minute to the gentleman from Wis- developed with DARPA and National bipartisan agreement of what would be consin (Mr. KIND). Science Foundation funding, but pri- acceptable offsets in the Revenue Code Mr. KIND. Mr. Speaker, with all due vate sector innovation carried these in order to do this permanent exten- respect to the chairman of the com- technologies to their full commercial sion here tonight. mittee—and I do respect him, and he is potential, with immeasurable benefit That requires a little more effort, a friend of mine—he knows as well as for our Nation. and that requires—God forbid—having anyone that there is a big difference However, the conversation about how to say no to some constituents and between permanency in the Tax Code best to modify the R&D tax credit and powerful special interest groups in this and short-term measures to give us make it permanent should be part of a town from time to time. some time in order to find out what the larger conversation about tax reform The easiest thing in the world is to appropriate permanent solution will and tax extenders, and that conversa- offer a tax cut without paying for it. be. tion should include other tax provi- Who doesn’t want tax relief? That is That is, really, what we ought to be sions that are important for millions of not difficult, but it is also not the doing right now, is trying to find that working families and students, includ- tough budget decisions that they were permanent solution once and for all, ing the earned income tax credit, the talking about just a few weeks ago on but in a fiscally responsible manner. child tax credit, and education tax the floor, when they were passing the That is how we should be approaching credits. Ryan Republican budget resolution. this. Further, we should be debating how If you would go back and look at it Again, to the chairman’s credit, the to offset this tax credit, instead of ig- again, to its credit, it called for offsets discussion draft he just released a few noring how it would add $156 billion to for permanent extensions. weeks ago calls for offsets to the Rev- the deficit over the next 10 years. So what is true here? Are they truly enue Code in order to do comprehensive b 1800 committed to the fiscal responsibility reform, so he belies his own argument that is called for in that budget resolu- from just a minute ago that tax cuts Mr. CAMP. Mr. Speaker, I reserve the tion? Or is that all just a numbers shouldn’t be met with corresponding balance of my time. game, in order to make the numbers offsets. Mr. LEVIN. Mr. Speaker, I yield 2 add up? I mean, if that is true, then what minutes to the gentleman from Cali- With the first opportunity they have have we been doing for the last 3 years fornia (Mr. BECERRA), the chairman of to violate that resolution, they are in trying to do comprehensive reform our Caucus. going to do so tonight with an unpaid- while still paying for it, so we are not Mr. BECERRA. I thank the gen- for permanent extension, and that is blowing a hole in future budget defi- tleman for yielding. just $156 billion in the first 10 years. cits? Today’s vote on H.R. 4438 and on five This will be a gift that keeps on giving, Mr. CAMP. Mr. Speaker, I continue other Republican bills to come that if we don’t find offsets in the future. to reserve the balance of my time. would permanently extend other tax I would encourage my colleagues to Mr. LEVIN. Mr. Speaker, it is now breaks without paying for them will in- think hard and long about this because my pleasure to yield 2 minutes to the crease the deficit by $310 billion and

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — HOUSE H3985 lead to Republican cuts to services like [Roll No. 209] Edwards Larson (CT) Price (NC) Medicare, health research, and school Ellison Lee (CA) Quigley YEAS—232 Engel Levin Rangel funding. Aderholt Graves (MO) Peterson Enyart Lewis Richmond How much is $310 billion? Amash Griffin (AR) Petri Eshoo Lipinski Roybal-Allard That is five times what we spend on Amodei Griffith (VA) Pittenger Esty Loebsack Ruiz Farr Lofgren services to our veterans. We have over Bachus Grimm Pitts Ruppersberger Barber Guthrie Poe (TX) Fattah Lowenthal Ryan (OH) 21 million Americans who have served Barletta Hall Pompeo Foster Lowey Sa´ nchez, Linda in uniform who are veterans of this Barr Hanna Posey Frankel (FL) Lujan Grisham T. Barrow (GA) Harper Price (GA) Fudge (NM) Sanchez, Loretta country. Gabbard Luja´ n, Ben Ray That $310 billion is three times what Barton Harris Rahall Sarbanes Benishek Hartzler Reichert Gallego (NM) Schakowsky Garamendi Lynch the Federal Government invests in edu- Bentivolio Hastings (WA) Renacci Schiff Garcia Maffei cation, job training, and social services Bilirakis Heck (NV) Ribble Schneider Grayson Maloney, Bishop (UT) Hensarling Rice (SC) Schrader for an entire year. It is over 10 times Green, Al Carolyn Black Herrera Beutler Rigell Scott (VA) what we spend annually on medical re- Green, Gene Maloney, Sean Blackburn Holding Roby Serrano Grijalva Matheson search to come up with the innovations Boehner Hudson Roe (TN) Sewell (AL) Gutie´rrez Matsui Boustany Huelskamp Rogers (AL) Shea-Porter and the lifesaving treatments that Hahn McCarthy (NY) Brady (TX) Huizenga (MI) Rogers (KY) Sherman Americans rely upon. Hanabusa McCollum Bridenstine Hultgren Rogers (MI) Hastings (FL) McDermott Sires We hear from our colleagues on the Brooks (AL) Hunter Rohrabacher Heck (WA) McGovern Slaughter Republican side that they are fiscally Brooks (IN) Hurt Rokita Smith (WA) Broun (GA) Issa Higgins McNerney responsible, that they are fiscal hawks, Rooney Himes Meeks Speier Buchanan Jenkins Ros-Lehtinen Swalwell (CA) but they pass these severe budgets that Bucshon Johnson (OH) Hinojosa Meng Roskam Takano Burgess Johnson, Sam Holt Michaud would cut schools, that would cut med- Ross Thompson (CA) Byrne Jolly Honda Miller, George ical research, that would cut Medicare Rothfus Thompson (MS) Calvert Jones Horsford Moore Royce Tierney funding for our seniors, that would cut Camp Jordan Hoyer Moran Runyan Titus Social Security, but they have to do it Campbell Joyce Huffman Nadler Ryan (WI) Tonko Cantor Kelly (PA) Israel Napolitano because we have to get rid of that def- Salmon Tsongas Capito King (IA) Jackson Lee Neal icit. Sanford Van Hollen Carter King (NY) Jeffries Negrete McLeod Scalise Vargas Here we have the fiscal pretenders. Cassidy Kinzinger (IL) Johnson (GA) Nolan Schock In this bill, H.R. 4438, our Republican Chabot Kline Johnson, E. B. O’Rourke Veasey Schweikert Chaffetz Labrador Kaptur Owens Vela colleagues propose to blow the deficit Scott, Austin ´ Coffman LaMalfa Keating Pallone Velazquez Sensenbrenner wide open by adding $310 billion to that Cole Lamborn Kelly (IL) Pascrell Visclosky Sessions deficit by passing these unpaid-for tax Collins (GA) Lance Kennedy Pastor (AZ) Walz Shimkus Collins (NY) Lankford Kildee Payne Wasserman breaks. Yet when it is time to make Shuster Conaway Latham Kilmer Perlmutter Schultz the tough choices, when it comes to Simpson Cook Latta Kind Peters (CA) Waters providing the services that our middle Cotton LoBiondo Sinema Kirkpatrick Peters (MI) Waxman class families want for their children Cramer Long Smith (MO) Kuster Pingree (ME) Welch Smith (NE) to go to college, they can’t do it. But Crenshaw Lucas Langevin Pocan Wilson (FL) Culberson Luetkemeyer Smith (NJ) Larsen (WA) Polis Yarmuth there is a free pass for these corporate Smith (TX) Daines Lummis NOT VOTING—14 tax breaks. Davis, Rodney Marchant Southerland What American citizen and taxpayer Denham Marino Stewart Bachmann Duffy Reed Stivers Bishop (GA) Kingston would trust this Republican math from Dent Massie Rush DeSantis McCarthy (CA) Stockman Coble McAllister Schwartz our colleagues? DesJarlais McCaul Stutzman Crawford Nunnelee Scott, David I urge colleagues to vote against this Diaz-Balart McClintock Terry DeGette Pelosi Duncan (SC) McHenry Thompson (PA) budget-busting legislation and turn our Thornberry b 1829 focus to building an economy that Duncan (TN) McIntyre Ellmers McKeon Tiberi Mr. BLUMENAUER changed his vote works for all Americans, not just a se- Farenthold McKinley Tipton Turner from ‘‘yea’’ to ‘‘nay.’’ lect few. Fincher McMorris So the resolution was agreed to. Mr. CAMP. Mr. Speaker, I would just Fitzpatrick Rodgers Upton Fleischmann Meadows Valadao The result of the vote was announced say the gentleman from California Fleming Meehan Wagner as above recorded. voted three times to extend the R&D Flores Messer Walberg A motion to reconsider was laid on tax credit unoffset for a length of time Forbes Mica Walden Fortenberry Miller (FL) Walorski the table. of 8 years. Foxx Miller (MI) Weber (TX) MODIFICATION OFFERED BY MR. SESSIONS I continue to reserve the balance of Franks (AZ) Miller, Gary Webster (FL) Mr. SESSIONS. Mr. Speaker, I ask my time. Frelinghuysen Mullin Wenstrup unanimous consent that H. Res. 567 be The SPEAKER pro tempore. Pursu- Gardner Mulvaney Westmoreland Garrett Murphy (FL) Whitfield modified in the manner I have placed ant to clause 1(c) of rule XIX, further Gerlach Murphy (PA) Williams at the desk. consideration of H.R. 4438 is postponed. Gibbs Neugebauer Wilson (SC) The SPEAKER pro tempore (Mr. CUL- Gibson Noem Wittman BERSON Gingrey (GA) Nugent Wolf ). The Clerk will report the f Gohmert Nunes Womack modification. Goodlatte Olson Woodall The Clerk read as follows: ESTABLISHING SELECT Gosar Palazzo Yoder Modification offered by Mr. SESSIONS Gowdy Paulsen Yoho of Texas: COMMITTEE ON BENGHAZI Granger Pearce Young (AK) The SPEAKER pro tempore. The un- Graves (GA) Perry Young (IN) Page 6, line 3, strike ‘‘clause (2)’’ and in- sert ‘‘clause 2’’. finished business is the vote on adop- NAYS—186 Page 6, line 6, strike ‘‘clause (2)’’ and in- tion of the resolution (H. Res. 567) pro- Bass Carney Costa sert ‘‘clause 2’’. viding for the Establishment of the Se- Beatty Carson (IN) Courtney The SPEAKER pro tempore. Without lect Committee on the Events Sur- Becerra Cartwright Crowley objection, the modification is agreed rounding the 2012 Terrorist Attack in Bera (CA) Castor (FL) Cuellar Bishop (NY) Castro (TX) Cummings to. Benghazi, on which the yeas and nays Blumenauer Chu Davis (CA) There was no objection. were ordered. Bonamici Cicilline Davis, Danny f The Clerk read the title of the resolu- Brady (PA) Clark (MA) DeFazio tion. Braley (IA) Clarke (NY) Delaney AMERICAN RESEARCH AND Brown (FL) Clay DeLauro COMPETITIVENESS ACT OF 2014 The SPEAKER pro tempore. The Brownley (CA) Cleaver DelBene question is on the resolution. Bustos Clyburn Deutch The SPEAKER pro tempore. Pursu- The vote was taken by electronic de- Butterfield Cohen Dingell ant to clause 1(c) of rule XIX, further Capps Connolly Doggett vice, and there were—yeas 232, nays Capuano Conyers Doyle consideration of H.R. 4438 will now re- 186, not voting 14, as follows: Ca´ rdenas Cooper Duckworth sume.

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H3986 CONGRESSIONAL RECORD — HOUSE May 8, 2014 The Clerk read the title of the bill. Mr. CAMP. Mr. Speaker, I yield my- Mr. CAMP. I reserve the balance of The SPEAKER pro tempore. When self such time as I may consume. my time. proceedings were postponed earlier Well, I would just say that the gen- Mr. LEVIN. Mr. Speaker, I yield 2 today, 283⁄4 minutes of debate remained tleman from Maryland is correct. He minutes to the gentleman from Texas on the bill. has voted six times to extend the re- (Mr. DOGGETT), a most distinguished The gentleman from Michigan (Mr. search and development tax credit member of our committee. CAMP) has 193⁄4 minutes remaining, and without paying for it, for a total of 14 Mr. DOGGETT. Mr. Speaker, this bill the gentleman from Michigan (Mr. years. represents only the first of many in- LEVIN) has 9 minutes remaining. Look, I think it is time we are honest stallments of hundreds of billions of The Chair recognizes the gentleman with the American people. If we are dollars that the Republicans plan to fi- from Michigan (Mr. CAMP). going to extend these policies again nance with more debt, borrowing from Mr. CAMP. I reserve the balance of and again and again—in this case, 30 the Chinese or whoever will lend it to my time. years—and not pay for it, look, we us. Surely we don’t need any more re- Mr. LEVIN. Mr. Speaker, I now yield shouldn’t have to raise taxes to keep search this afternoon to know that 2 minutes to the gentleman from Mary- taxes the same. such an irresponsible approach is the land (Mr. HOYER), our distinguished So, again, I would urge my colleagues wrong way to go. whip. to support this legislation, and I re- In January of last year, Republicans Mr. HOYER. Mr. Speaker, I rise with serve the balance of my time. came to this floor and they told us that a great deal of sadness. We are punting. Mr. LEVIN. I now yield 2 minutes to they had reserved H.R. 1 for a bill that USA Today said, ‘‘House action on tax the gentleman from New York (Mr. would do it all. It was going to simplify extenders forfeits credibility on defi- RANGEL), a distinguished member of the Tax Code, it was going to lower the cits and national debt.’’ They are right. our committee, to put it mildly. rates, and it would not add a penny to The distinguished chairman of the (Mr. RANGEL asked and was given the debt because it would all be fi- Ways and Means Committee, who is my permission to revise and extend his re- nanced by closing loopholes. friend, offered a real bill on tax reform. marks.) The problem with that real bill was it Mr. RANGEL. Mr. Speaker, I am op- Where is that bill? It is still reserved, had tough choices to make. Congratu- posed to this bill because I didn’t think and it will be reserved until the end of lations to the gentleman from Michi- it was honest with the American peo- this term because the truth of the mat- ter is Republicans could not stand up gan (Mr. CAMP) for having the courage ple, and the chairman says he wants to to suggest those tough choices. be honest. I am just surprised that he to the special interests that like those This vote today requires absolutely is responding to this, because I don’t loopholes, that like the complexity of no courage at all. It gives the ice think too many people believe this is the Tax Code, that benefit from that cream and says forget about the spin- on the level. complexity. They would not stand up ach. It is the reason that we have tril- The Senate has spoken on this issue. to pass a bill that was fiscally respon- lions of dollars in debt today on our na- This is not going to become law. It is sible. tional debt, because we didn’t pay for not Benghazi. It is not affordable care. Both parties, as the chairman has in- the ’01 or ’03 tax cuts. So I would think that this has to be dicated, have repeatedly supported Now, Mr. CAMP will tell me that I something else that we are preparing temporary extensions, but neither has voted for R&D tax cuts six times that for in 2014. And I really don’t think had the audacity to come to this floor were temporary, that were annual, that the American people are going to and say we are going to borrow enough that were not a permanent change in go to sleep tonight wondering whether to make it permanent without closing the base. That is what the Republicans or not we take this billion-dollar bill— a single loophole. They are doing ex- want to do. That is what they did in ’01 even though all of us love the concept actly the opposite of what they have and ’03, and that is all inside jargon. of research and development. But so repeatedly promised us and the Amer- And yes, they didn’t waive statutory many people are going to be going to ican people that they would do. PAYGO, which we passed, which USA sleep hungry. They haven’t got ex- I support a permanent research and Today says was one of the reasons we tended unemployment insurance. They development credit to incentivize re- got to balance 4 years in a row. That is need a variety of affordable housing. search for new products. It has never why. And now we are doing this for 2014. It been a question of whether to support The SPEAKER pro tempore. The doesn’t fly. It doesn’t get off the research, but how to do it and how to time of the gentleman has expired. ground. pay for it. And if the only goal is to en- Mr. LEVIN. I yield the gentleman Well, what I am saying to the chair- courage more job growth, there are from Maryland an additional 1 minute. man is that he has such a great start ways we can redesign this credit to get Mr. HOYER. Mr. Speaker, I have 3 with the tax reform, something that we even more growth than it does now. minutes to discuss with the American could have worked on together, to pick The Government Accountability Of- public why their country is going to be out one good thing that we have, even fice said the credit in its current form put deeper into debt by passing this though we don’t have money to pay for is a windfall for some corporations, and legislation. it, is an ideal thing for Democrats and some multinationals have used it as a It would be good legislation if it were Republicans to sit down and wonder, way to get the taxpayer to subsidize re- paid for. It was good legislation when ‘‘How can we make certain that Amer- search here and then shift the benefits it was included in Mr. CAMP’s overall ica stays ahead in research and devel- overseas. tax reform bill. But it is very bad pol- opment?’’ but to do this because we are I believe a better research credit on a icy and very bad legislation in this un- running out of things to try to embar- permanent basis is the best way to en- paid-for, discreet form. And, by the rass Democrats on is really not fair to courage growth, not an irresponsible way, there is about another $160 billion our Nation. I really think our national unpaid tax credit. of debt to follow. security is being impacted because of Mr. CAMP. Mr. Speaker, at this time, What a sad day for America. What a our inability to work and get some- I yield such time as he may consume to sad day for this House. What a sad day thing done. the gentleman from Texas (Mr. BRADY), for the Ways and Means Committee. So I oppose this, as any other thing a distinguished member of the Ways What a sad day for fiscal responsi- that is just trying to find something to and Means Committee and the chair- bility. embarrass us, but I do hope for 2014 man of the Joint Economic Committee. Mr. Speaker, I urge my colleagues that we find something, anything—im- Mr. BRADY of Texas. I thank the not to vote for the temporary political migration, unemployment compensa- chairman for yielding. benefit of saying you gave somebody a tion—so that when we do get there Mr. Speaker, I was touring a hospital tax cut, but vote for fiscal responsi- there will be a Republican Party. in the Rio Grande Valley the other bility. Vote to keep on a path of a big I really love Democrats. But this day, and we were going through the deal to solve the fiscal challenges that used to be the party of Dixiecrats. Now critical care unit, with young babies 25, confront our country. I urge my col- they left us, and I want to make cer- 26 weeks old who in past years would, leagues to vote ‘‘no.’’ tain that they don’t come back. frankly, have never survived. But

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — HOUSE H3987 today, because of medical break- past, longtime statements that the can actually promote certainty for throughs, they will not only not have a R&D tax credit should be permanent. American businesses, and we need to lifetime of chronic diseases and disabil- Mr. LEVIN. Mr. Speaker, I yield my- generate certainly greater economic ities, but they will live a full life be- self the balance of my time. growth. The reason we are seeing the cause the medical breakthroughs and Mr. Speaker, I support R&D. Mr. worst recovery since the Depression, innovations developed here in America Speaker, I support it now. I have never 0.1 percent economic growth, none of are giving them a life, frankly, their voted to make it permanent without us should be satisfied with that, and I parents never hoped for. paying for it. So this bill is a dan- don’t think any of us are. We can gen- I see our veterans coming back from gerous dodge. erate more growth by making these war, some of them with such terrible Mr. CAMP, you paid for what you sug- things permanent. So we need to wake injuries, who not only are having their gested was permanent, and I salute up to the reality and start offering lives restored but, through these re- your being forthright. That isn’t what some concrete solutions that really markable prosthetics, are living full is happening, is not happening today. strengthen the economy and help hard- lives that, again, wouldn’t have been So this isn’t only fiscally irresponsible. working taxpayers. possible in recent years, even, because What it does is to threaten programs Let me just say the nonpartisan we are doing innovation here in Amer- that we care about. What was not done Joint Committee on Taxation, which is ica. with one hand yesterday, automatic our referee on these matters, says that Each day, we read of another U.S. cuts, will be done by the Republicans if we make the credit permanent that company being courted to move those with the other. They will use this def- actually more research and develop- medical breakthroughs and that re- icit to cut programs we care about ment will take place, the kind of inno- search overseas to other countries, to mentioned earlier: medical research, vation that really puts America at the China, to Europe, to others. We are see- Head Start, Pell Grants, and other ex- forefront of job creation and an econ- ing America lose our edge in innova- tenders that we deeply care about. omy that is strong and vibrant, that up tion, even though everyone knows—Re- This bill today is, as I said, a dan- to 10 percent more research and devel- publicans and Democrats—that the gerous dodge. We should not be party opment will occur. We certainly need country that innovates the most will to it. We should not be party to it. It is more of that, because that is more lead the world in economic growth, pe- irresponsible, it is hypocritical, and it jobs, more innovation, and higher riod. We know it. is harmful to what we really care about wages. And I look at statements such as and what the American people care Let me just say that the President of this. And I will read this. It is a direct about. the United States voted to extend the quote: I urge a ‘‘no’’ vote on this bill, and I research and development tax credit I believe it is critical that our tax system yield back the balance of my time. unpaid for when he was a Senator. He provide strong incentives to help our manu- Mr. CAMP. Mr. Speaker, I yield my- signed legislation twice to extend the facturing base. One of the most important self such time as I may consume. research and development tax credit tax incentives for the manufacturing sector Mr. Speaker, the research and devel- unpaid for. I think 30 years of uncer- is the research and development tax credit. opment tax credit has been extended tainty has actually been a detriment— Manufacturers do about 70 percent of the pri- repeatedly by members of the other a detriment to U.S. business employers vate sector R&D conducted in the United side and members of this side for near- and certainly their employees because States. I have long been a strong and per- ly 30 years, and it has not been paid for the jobs they provide are so dependent sistent voice for making the R&D credit a in those extensions. permanent part of our Tax Code and on our being at the cutting edge. strengthening it so that all companies have But what does that really mean? Look, this is the 21st century. We a strong incentive to do R&D here in the Well, what we have done in America, can’t live in the past as if these poli- United States. which no other country has done, is we cies don’t matter. This is a very com- have taken a valuable tax policy like petitive world, and most of our con- b 1845 that, something that should be certain stituents understand the kind of com- That wasn’t me; that wasn’t Chair- and dependable, and made it tem- petition that we face. We need to make man CAMP. That was our distinguished porary. Not only do we make it tem- this permanent. We need to do it now. ranking member, SANDY LEVIN. porary, we allow it to expire for a year Let’s do something positive and good He is not alone. Democrats and Re- at a time. So over this 30-year period, for America, something that we have publicans together long have sought a employers, innovators, businesses, and repeatedly done. Let’s be honest about permanent R&D tax credit to make companies have not known whether it. America competitive again. Make no they can count on this policy in order Since we are going to extend it at mistake. Today, you have heard people to do something really important. some point temporarily another 2 say this really isn’t about supporting I heard Mr. BRADY talk about the years, let’s make this permanent. Let’s innovation, technology, biosciences medical innovation and how critical make this certain. Let’s make this and medical breakthroughs; today, it is that is to making peoples’ lives better. something that our employers can de- about fiscal responsibility and pay- I think of Big Rapids, Michigan, and pend on so they can create the kind of fors; yesterday, it was some other bills Wolverine Worldwide, which makes jobs that we haven’t seen. we wanted. The truth is that we can’t military footwear and boots. They are With that, I yield back the balance of afford these excuses, and that is what constantly innovating that so that our my time. Vote ‘‘yes’’ on this legisla- they are. military servicemen and -women have tion. Today, it is a clear choice between the best possible equipment on their Ms. ESHOO. Mr. Speaker, I rise today in those who will stand for medical inno- feet. You can imagine the kinds of cli- support of the American Research and Com- vation in America, technology innova- mates that we find our military in and petitiveness Act of 2014, a bill to simplify and tion in America, and energy innovation how important this is. permanently extend the U.S. research and de- and manufacturing innovation that But if companies like that don’t velopment (R&D) tax credit. Over the past thir- will create good-paying jobs and good- know whether this tax policy is de- ty years, the R&D tax credit has been a key paying wages for Americans. pendable, yet we extend it 30 years economic tool for businesses in my Silicon I ask our Democrat colleagues to set backwards retroactively and forward Valley district and across our country by di- aside the politics. We know it is an for a year, then we allow it to expire rectly rewarding business investment in R&D. election year. Set that aside. Stay con- for a year, it absolutely makes no At a time of great partisanship in Congress, sistent with the values that you have sense. By allowing it to expire repeat- I think the R&D we speak of today can be said said over and over again that the re- edly, we have called into question to be ‘Republicans and Democrats’ because of search and development tax credit whether this R&D credit is available at the bipartisan support this legislation enjoys. needs to be made permanent, and let’s all. For years the R&D tax credit has been essen- send a bill to the Senate so that they, I would just say by supporting per- tial for out-innovating and out-competing the too—we can discover and learn whether manent policies—the reason it is so im- rest of the world, but now other countries are they are willing to stand with their portant to make this permanent, we catching up or already have. While the U.S.

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00045 Fmt 4634 Sfmt 9920 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H3988 CONGRESSIONAL RECORD — HOUSE May 8, 2014 was the first nation to offer a tax incentive for Sec. 112. Functions. SEC. 102. DEFINITIONS. research and development in 1981, according Sec. 113. Delegation. Section 102 (20 U.S.C. 9501) is amended— to a study by the Information Technology & In- Sec. 114. Office of the Director. (1) in paragraph (5), by striking ‘‘Affairs’’ Sec. 115. Priorities. and inserting ‘‘Education’’; novation Foundation (ITIF), we now rank 27th Sec. 116. National Board for Education (2) in paragraph (10)— out of 42 countries in terms of the generosity Sciences. (A) by inserting ‘‘or other information, in of the R&D incentives we offer. Sec. 117. Commissioners of the National a timely manner and’’ after ‘‘evaluations,’’ Congress needs to do so much more to im- Education Centers. and prove our national economy, and updating the Sec. 118. Transparency. (B) by inserting ‘‘school leaders,’’ after R&D tax credit is an important policy that will Sec. 119. Competitive awards. ‘‘teachers,’’; encourage businesses to invest in new tech- PART B—NATIONAL CENTER FOR EDUCATION (3) in paragraph (12), by inserting ‘‘, school nologies which in turn will create jobs and RESEARCH leaders,’’ after ‘‘teachers’’; (4) by striking paragraph (13); shape a better economy in our future. Sec. 131. Establishment. Sec. 132. Duties. (5) by redesignating paragraphs (14) and Nearly six months have passed since the (15) as paragraphs (13) and (14), respectively; R&D tax credit expired. To maintain our na- Sec. 133. Standards for conduct and evalua- tion of research. (6) by inserting after paragraph (14), as so tion’s competitiveness, let’s not wait another redesignated, the following: PART C—NATIONAL CENTER FOR EDUCATION day to give businesses the certainty they need ‘‘(15) MINORITY-SERVING INSTITUTION.—The STATISTICS to continue innovating and investing in Amer- term ‘minority-serving institution’ means an ica’s future. Sec. 151. Establishment. institution of higher education described in Sec. 152. Duties. I thank Representatives KEVIN BRADY and section 371(a) of the Higher Education Act of Sec. 153. Performance of duties. 1965 (20 U.S.C. 1067q(a)).’’; JOHN LARSON for their leadership in bringing Sec. 154. Reports. this bill to the floor today and I urge my col- (7) by amending paragraph (18) to read as Sec. 155. Dissemination. follows: leagues to support H.R. 4438. Sec. 156. Cooperative education statistics ‘‘(18) PRINCIPLES OF SCIENTIFIC RESEARCH.— The SPEAKER pro tempore. All time systems. The term ‘principles of scientific research’ for debate has expired. PART D—NATIONAL CENTER FOR EDUCATION means principles of research that— Pursuant to House Resolution 569 and EVALUATION AND REGIONAL ASSISTANCE ‘‘(A) apply rigorous, systematic, and objec- House Resolution 576, the previous Sec. 171. Establishment. tive methodology to obtain reliable and question is ordered on the bill, as Sec. 172. Commissioner for Education Eval- valid knowledge relevant to education ac- amended. uation and Regional Assist- tivities and programs; The question is on the engrossment ance. ‘‘(B) present findings and make claims that and third reading of the bill. Sec. 173. Evaluations. are appropriate to, and supported by, the The bill was ordered to be engrossed Sec. 174. Regional educational laboratories methods that have been employed; and and read a third time, and was read the for research, development, dis- ‘‘(C) include, appropriate to the research third time. semination, and evaluation. being conducted— ‘‘(i) use of systematic, empirical methods The SPEAKER pro tempore. Pursu- PART E—NATIONAL CENTER FOR SPECIAL EDUCATION RESEARCH that draw on observation or experiment; ant to clause 1(c) of rule XIX, further ‘‘(ii) use of data analyses that are adequate Sec. 175. Establishment. consideration of H.R. 4438 is postponed. to support the general findings; Sec. 176. Commissioner for Special Edu- ‘‘(iii) reliance on measurements or obser- f cation Research. Sec. 177. Duties. vational methods that provide reliable and ANNOUNCEMENT BY THE SPEAKER generalizable findings; PRO TEMPORE PART F—GENERAL PROVISIONS ‘‘(iv) strong claims of causal relationships, The SPEAKER pro tempore. Pursu- Sec. 182. Prohibitions. only with research designs that eliminate ant to clause 8 of rule XX, the Chair Sec. 183. Confidentiality. plausible competing explanations for ob- Sec. 184. Availability of data. will postpone further proceedings served results, such as, but not limited to, Sec. 185. Performance management. random-assignment experiments; today on the motion to suspend the Sec. 186. Authority to publish. ‘‘(v) presentation of studies and methods in rules on which a recorded vote or the Sec. 187. Repeals. sufficient detail and clarity to allow for rep- yeas and nays are ordered, or on which Sec. 188. Fellowships. lication or, at a minimum, to offer the op- the vote incurs objection under clause Sec. 189. Authorization of appropriations. portunity to build systematically on the 6 of rule XX. TITLE II—EDUCATIONAL TECHNICAL findings of the research; Any record vote on the postponed ASSISTANCE ‘‘(vi) acceptance by a peer-reviewed journal question will be taken later. Sec. 201. References. or critique by a panel of independent experts through a comparably rigorous, objective, f Sec. 202. Definitions. Sec. 203. Comprehensive centers. and scientific review; and STRENGTHENING EDUCATION Sec. 204. Evaluations. ‘‘(vii) consistency of findings across mul- THROUGH RESEARCH ACT Sec. 205. Existing technical assistance pro- tiple studies or sites to support the gen- viders. erality of results and conclusions.’’; Mr. ROKITA. Mr. Speaker, I move to Sec. 206. Regional advisory committees. (8) in paragraph (20), by striking ‘‘scientif- suspend the rules and pass the bill Sec. 207. Priorities. ically based research standards’’ and insert- (H.R. 4366) to strengthen the Federal Sec. 208. Grant program for statewide longi- ing ‘‘the principles of scientific research’’; education research system to make re- tudinal data systems. and search and evaluations more timely Sec. 209. Authorization of appropriations. (9) by adding at the end the following: and relevant to State and local needs TITLE III—NATIONAL ASSESSMENT OF ‘‘(24) SCHOOL LEADER.—The term ‘school in order to increase student achieve- EDUCATIONAL PROGRESS leader’ means a principal, assistant prin- ment, as amended. Sec. 301. References. cipal, or other individual who is— The Clerk read the title of the bill. Sec. 302. National assessment governing ‘‘(A) an employee or officer of— The text of the bill is as follows: board. ‘‘(i) an elementary school or secondary school; H.R. 4366 Sec. 303. National assessment of educational progress. ‘‘(ii) a local educational agency serving an Be it enacted by the Senate and House of Rep- Sec. 304. Definitions. elementary school or secondary school; or resentatives of the United States of America in Sec. 305. Authorization of appropriations. ‘‘(iii) another entity operating the elemen- Congress assembled, tary school or secondary school; and TITLE IV—EVALUATION PLAN SECTION 1. SHORT TITLE. ‘‘(B) responsible for the daily instructional This Act may be cited as the ‘‘Strength- Sec. 401. Research and evaluation. leadership and managerial operations of the ening Education through Research Act’’. TITLE I—EDUCATION SCIENCES REFORM elementary school or secondary school.’’. SEC. 2. TABLE OF CONTENTS. SEC. 101. REFERENCES. PART A—THE INSTITUTE OF EDUCATION Sec. 1. Short title. Except as otherwise expressly provided, SCIENCES Sec. 2. Table of contents. whenever in this title an amendment or re- SEC. 111. ESTABLISHMENT. TITLE I—EDUCATION SCIENCES REFORM peal is expressed in terms of an amendment Section 111 (20 U.S.C. 9511) is amended— Sec. 101. References. to, or repeal of, a section or other provision, (1) in subsection (b)(2)— Sec. 102. Definitions. the reference shall be considered to be made (A) in the matter preceding subparagraph PART A—THE INSTITUTE OF EDUCATION to a section or other provision of the Edu- (A)— SCIENCES cation Sciences Reform Act of 2002 (20 U.S.C. (i) by striking ‘‘and wide dissemination ac- Sec. 111. Establishment. 9501 et seq.). tivities’’ and inserting ‘‘and, consistent with

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — HOUSE H3989 section 114(j), wide dissemination and utili- (E) in paragraph (8), by striking ‘‘histori- (v) by striking ‘‘and’’ at the end; zation activities’’ and cally Black colleges or universities’’ and in- (C) by striking paragraph (2); and (ii) by striking ‘‘(including in technology serting ‘‘minority-serving institutions’’; (D) by adding at the end the following: areas)’’; and (F) by amending paragraph (9) to read as ‘‘(2) improving the quality of early child- (B) in subparagraph (B), by inserting ‘‘dis- follows: hood education; ability,’’ after ‘‘gender,’’. ‘‘(9) To coordinate with the Secretary to ‘‘(3) improving education in elementary SEC. 112. FUNCTIONS. ensure that the results of the Institute’s and secondary schools, particularly among work are coordinated with, and utilized by, Section 112 (20 U.S.C. 9512) is amended— low-performing students and schools; and the Department’s technical assistance pro- (1) in paragraph (1)— ‘‘(4) improving access to, opportunities for, viders and dissemination networks.’’; (A) by inserting ‘‘(including evaluations of and completion of postsecondary edu- (G) by striking paragraphs (10) and (11); impact and implementation)’’ after ‘‘edu- cation.’’; and (H) by redesignating paragraph (12) as cation evaluation’’; and (2) in subsection (d), by striking ‘‘by means paragraph (10); (B) by inserting before the semicolon the of the Internet’’ and inserting ‘‘by electronic (4) by redesignating subsection (h) as sub- following ‘‘and utilization’’; and means such as posting in an easily accessible section (i); manner on the Institute’s website’’. (2) in paragraph (2)— (5) by inserting after subsection (g), the (A) by inserting ‘‘, consistent with section SEC. 116. NATIONAL BOARD FOR EDUCATION following: SCIENCES. 114(j),’’ after ‘‘disseminate’’; and ‘‘(h) PEER-REVIEW SYSTEM.—The Director (B) by adding before the semicolon the fol- shall establish and maintain a peer-review Section 116 (20 U.S.C. 9516) is amended— lowing: ‘‘and scientifically valid education system involving highly-qualified individ- (1) in subsection (b)— evaluations carried out under this title’’. uals, including practitioners, as appropriate, (A) in paragraph (2), by striking ‘‘to guide SEC. 113. DELEGATION. with an in-depth knowledge of the subject to the work of the Institute’’ and inserting ‘‘, and to advise, and provide input to, the Di- Section 113 (20 U.S.C. 9513) is amended— be investigated, for— rector on the activities of the Institute on an (1) in subsection (a)— ‘‘(1) reviewing and evaluating each applica- ongoing basis’’; (A) by striking paragraph (1); tion for a grant or cooperative agreement (B) in paragraph (3), by inserting ‘‘under (B) by redesignating paragraphs (2) under this title that exceeds $100,000; and section 114(h)’’ after ‘‘procedures’’; through (5) as paragraphs (1) through (4), re- ‘‘(2) evaluating and assessing all reports (C) in paragraph (8), by inserting ‘‘dis- spectively; and and other products that exceed $100,000 to be ability,’’ after ‘‘gender,’’ (C) in paragraph (2), as so redesignated, by published and publicly released by the Insti- (D) in paragraph (9)— striking ‘‘of the National Assessment of Edu- tute.’’; (i) by striking ‘‘To solicit’’ and inserting cational Progress Authorization Act’’; (6) in subsection (i), as so redesignated— ‘‘To ensure all activities of the Institute are (2) in subsection (b), by striking ‘‘Sec- (A) by striking ‘‘the products and’’; and relevant to education policy and practice by retary may assign the Institute responsi- (B) by striking ‘‘certify that evidence- soliciting, on an ongoing basis,’’; and bility for administering’’ and inserting ‘‘Di- based claims about those products and’’ and (ii) by striking ‘‘consistent with’’ and in- rector may accept requests from the Sec- inserting ‘‘determine whether evidence-based serting ‘‘consistent with section 114(j) and’’; retary for the Institute to administer’’; and claims in those’’; and (E) in paragraph (11)— (3) by adding at the end the following: (7) by adding at the end the following: ‘‘(j) RELEVANCE, DISSEMINATION, AND UTILI- (i) by inserting ‘‘the Institute’s’’ after ‘‘en- ‘‘(c) CONTRACT ACQUISITION.—With respect ZATION.—To ensure all activities authorized hance’’; and to any contract entered into under this title, under this title are rigorous, relevant, and (ii) by striking ‘‘among other Federal and the Director shall be consulted— useful for researchers, policymakers, practi- State research agencies’’ and inserting ‘‘with ‘‘(1) during the procurement process; and tioners, and the public, the Director shall— public and private entities to improve the ‘‘(2) in the management of such contract’s ‘‘(1) ensure such activities address signifi- work of the Institute’’; and performance, which shall be consistent with cant challenges faced by practitioners, and (F) by adding at the end the following: the requirements of the performance man- increase knowledge in the field of education; ‘‘(13) To conduct the evaluations required agement system described in section 185.’’. ‘‘(2) ensure that the information, products, under subsection (d).’’; SEC. 114. OFFICE OF THE DIRECTOR. and publications of the Institute are— (2) in subsection (c)— Section 114 (20 U.S.C. 9514) is amended— ‘‘(A) prepared and widely disseminated— (A) in paragraph (2)— (1) in subsection (a), by striking ‘‘Except as ‘‘(i) in a timely fashion; and (i) by inserting ‘‘Board,’’ before ‘‘National provided in subsection (b)(2), the’’ and insert- ‘‘(ii) in forms that are understandable, eas- Academy’’; ing ‘‘The’’; ily accessible, and usable, or adaptable for (ii) by striking ‘‘and the National Science (2) in subsection (b)— use in, the improvement of educational prac- Advisor’’ and inserting ‘‘the National (A) in paragraph (1), by inserting before tice; and Science Advisor, and other entities and orga- the period the following: ‘‘, except that if a ‘‘(B) widely disseminated through elec- nizations that have knowledge of individuals successor to the Director has not been ap- tronic transfer, and other means, such as who are highly-qualified to appraise edu- pointed as of the date of expiration of the Di- posting to the Institute’s website or other cation research, statistics, evaluations, or rector’s term, the Director may serve for an relevant place; development’’; additional 1-year period, beginning on the ‘‘(3) promote the utilization of the infor- (B) in paragraph (4)— day after the date of expiration of the Direc- mation, products, and publications of the In- (i) in subparagraph (A)— tor’s term, or until a successor has been ap- stitute, including through the use of dissemi- (I) in clause (i), by striking ‘‘, which may pointed under subsection (a), whichever oc- nation networks and technical assistance include those researchers recommended by curs first’’; providers, within the Institute and the De- the National Academy of Sciences’’; (B) by amending paragraph (2) to read as partment; and (II) by redesignating clause (ii) as clause follows: ‘‘(4) monitor and manage the performance (iii); ‘‘(2) REAPPOINTMENT.—A Director may be of all activities authorized under this title in (III) by inserting after clause (i), the fol- reappointed under subsection (a) for one ad- accordance with section 185.’’. lowing: ditional term.’’; and SEC. 115. PRIORITIES. ‘‘(ii) Not fewer than 2 practitioners who (C) in paragraph (3)— Section 115 (20 U.S.C. 9515) is amended— are knowledgeable about the education needs (i) in the heading, by striking ‘‘SUBSE- (1) in subsection (a)— of the United States, who may include school QUENT DIRECTORS’’ and inserting ‘‘REC- (A) in the matter preceding paragraph (1)— based professional educators, teachers, OMMENDATIONS’’; and (i) by striking ‘‘(taking into consideration school leaders, local educational agency su- (ii) by striking ‘‘, other than a Director ap- long-term research and development on core perintendents, and members of local boards pointed under paragraph (2)’’; issues conducted through the national re- of education or Bureau-funded school (3) in subsection (f)— search and development centers)’’ and insert- boards.’’; and (A) in paragraph (3), by inserting before ing ‘‘at least once every 6 years’’; and (IV) in clause (iii), as so redesignated— the period the following: ‘‘, and, as appro- (ii) by striking ‘‘such as’’ and inserting (aa) by striking ‘‘school-based professional priate, with such research and activities car- ‘‘including’’; educators,’’; ried out by public and private entities, to (B) in paragraph (1)— (bb) by striking ‘‘local educational agency avoid duplicative or overlapping efforts’’; (i) by inserting ‘‘ensuring that all children superintendents,’’; (B) in paragraph (4), by inserting ‘‘, and the have the ability to obtain a high-quality (cc) by striking ‘‘principals,’’; use of evidence’’ after ‘‘statistics activities’’; education, particularly’’ before ‘‘closing’’; (dd) by striking ‘‘or local’’; and (C) in paragraph (5)— (ii) by striking ‘‘especially achievement (ee) by striking ‘‘or Bureau-funded school (i) by inserting ‘‘and maintain’’ after ‘‘es- gaps between’’; boards’’; and tablish’’; and (iii) by striking ‘‘nonminority children’’ (ii) in subparagraph (B)— (ii) by inserting ‘‘and subsection (h)’’ after and inserting ‘‘nonminority children, dis- (I) in the matter preceding clause (i), by in- ‘‘section 116(b)(3)’’; abled and nondisabled children,’’; serting ‘‘beginning on the date of appoint- (D) in paragraph (7), by inserting ‘‘dis- (iv) by striking ‘‘and between disadvan- ment of the member,’’ after ‘‘4 years,’’; ability,’’ after ‘‘gender,’’; taged’’ and inserting ‘‘and disadvantaged’’; (II) by striking clause (i);

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H3990 CONGRESSIONAL RECORD — HOUSE May 8, 2014 (III) by redesignating clause (ii) as clause laboratories established under section 174; (D) by striking paragraph (4); (i); and (E) by redesignating paragraphs (5) (IV) in clause (i), as so redesignated, by ‘‘(B) a summative or interim evaluation, through (9) as paragraphs (3) through (7), re- striking the period and inserting ‘‘; and’’; whichever is most recent, for each such lab- spectively; and oratory conducted under section 174(i) on or (F) in paragraph (3), as so redesignated, by (V) by adding at the end the following: after the date of enactment of the Strength- inserting ‘‘in the implementation of pro- ‘‘(ii) in a case in which a successor to a ening Education through Research Act or, in grams carried out by the Department and member has not been appointed as of the a case in which such an evaluation is not other agencies’’ before ‘‘within the Federal date of expiration of the member’s term, the available for a laboratory, the most recent Government’’; member may serve for an additional 1-year evaluation for the laboratory conducted (G) in paragraph (5), as so redesignated, by period, beginning on the day after the date of prior to the date of enactment of the striking ‘‘disseminate, through the National expiration of the member’s term, or until a Strengthening Education through Research Center for Education Evaluation and Re- successor has been appointed under para- Act.’’; and gional Assistance,’’ and inserting ‘‘widely graph (1), whichever occurs first.’’; (6) by striking subsection (f). disseminate, consistent with section 114(j),’’; (iii) by striking subparagraph (C); and SEC. 117. COMMISSIONERS OF THE NATIONAL (H) in paragraph (6), as so redesignated— (iv) by redesignating subparagraph (D) as EDUCATION CENTERS. (i) by striking ‘‘Director’’ and inserting subparagraph (C); Section 117 (20 U.S.C. 9517) is amended— ‘‘Board’’; and (C) in paragraph (8)— (1) in subsection (a)— (ii) by striking ‘‘of a biennial report, as de- (i) by redesignating subparagraphs (A) (A) in paragraph (1), by striking ‘‘Except as scribed in section 119’’ and inserting ‘‘and through (E) as subparagraphs (B) through provided in subsection (b), each’’ and insert- dissemination of each evaluation report (F), respectively; ing ‘‘Each’’; under section 116(d)’’; (ii) by inserting before subparagraph (B), (B) in paragraph (2)— (I) in paragraph (7), as so redesignated, by as so redesignated, the following: (i) by striking ‘‘Except as provided in sub- inserting ‘‘and which may include research ‘‘(A) IN GENERAL.—In the exercise of its du- section (b), each’’ and inserting ‘‘Each’’; and on social and emotional learning,’’ after ties under section 116(b) and in accordance (ii) by inserting ‘‘, statistics,’’ after ‘‘re- ‘‘gap,’’; with the Federal Advisory Committee Act (5 search’’; (J) by inserting after paragraph (7), as so U.S.C. App.), the Board shall be independent (C) in paragraph (3), by striking ‘‘Except as redesignated, the following: of the Director and the other offices and offi- provided in subsection (b), each’’ and insert- ‘‘(8) to the extent time and resources cers of the Institute.’’; ing ‘‘Each’’; allow, when findings from previous research (iii) in subparagraph (B), as so redesig- (2) by striking subsection (b); under this part provoke relevant follow up nated, by inserting before the period at the (3) by redesignating subsections (c) and (d) questions, carry out research initiatives on end the following: ‘‘for a term of not more as subsections (b) and (c), respectively; and such follow up questions;’’; than 6 years, and who may be reappointed by (4) in subsection (c), as so redesignated, by (K) by redesignating paragraphs (10) and the Board for 1 additional term of not more striking ‘‘, except the Commissioner for Edu- (11) as paragraphs (9) and (10), respectively; than 6 years’’; and cation Statistics,’’. (L) by amending paragraph (9), as so redes- (iv) by adding at the end the following: ignated, to read as follows: SEC. 118. TRANSPARENCY. ‘‘(G) SUBCOMMITTEES.—The Board may es- ‘‘(9) carry out research initiatives, includ- (a) IN GENERAL.—Section 119 (20 U.S.C. tablish standing or temporary subcommit- 9519) is amended to read as follows: ing rigorous, peer-reviewed, large-scale, tees to make recommendations to the Board long-term, and broadly applicable empirical ‘‘SEC. 119. TRANSPARENCY. for carrying out activities authorized under ‘‘Not later than 120 days after awarding a research, regarding the impact of technology this title.’’; grant, contract, or cooperative agreement on education, including online education and (3) by striking subsection (d); under this title in excess of $100,000, the Di- hybrid learning;’’; (4) by redesignating subsection (e) as sub- rector shall make publicly available (includ- (M) in paragraph (10), as so redesignated, section (d); ing through electronic means such as posting by striking the period and inserting ‘‘; and’’; (5) in subsection (d), as so redesignated— in an easily accessible manner on the Insti- and (A) in the subsection heading, by striking tute’s website) a description of the grant, (N) by adding at the end the following: ‘‘ANNUAL’’ and inserting ‘‘EVALUATION’’; contract, or cooperative agreement, includ- ‘‘(11) to the extent feasible, carry out re- (B) by striking ‘‘The Board’’ and inserting ing, at a minimum, the amount, duration, search on the quality of implementation of the following: recipient, and the purpose of the grant, con- practices and strategies determined to be ef- ‘‘(1) IN GENERAL.—The Board’’; tract, or cooperative agreement.’’. fective through scientifically valid re- (C) by striking ‘‘not later than July 1 of (b) CONFORMING AMENDMENT.—The table of search.’’; each year, a’’ and inserting ‘‘and make wide- contents in section 1 of the Act of November (2) by amending subsection (b) to read as ly available to the public (including by elec- 5, 2002 (Public Law 107–279; 116 Stat. 1940) is follows: tronic means such as posting in an easily ac- amended by striking the item relating to ‘‘(b) PLAN.—The Research Commissioner cessible manner on the Institute’s website), a section 119 and inserting the following: shall propose to the Director and, subject to triennial’’; and the approval of the Director, implement a re- ‘‘Sec. 119. Transparency.’’. (D) by adding at the end the following: search plan for the activities of the Research SEC. 119. COMPETITIVE AWARDS. ‘‘(2) REQUIREMENTS.—An evaluation report Center that— Section 120 (20 U.S.C. 9520) is amended by described in paragraph (1) shall include— ‘‘(1) is consistent with the priorities and striking ‘‘when practicable’’ and inserting ‘‘(A) subject to paragraph (3), an evalua- mission of the Institute and the mission of ‘‘consistent with section 114(h)’’. tion of the activities authorized for each of the Research Center described in section the National Education Centers, which— PART B—NATIONAL CENTER FOR 131(b), and includes the activities described ‘‘(i) uses the performance management sys- EDUCATION RESEARCH in subsection (a); tem described in section 185; and SEC. 131. ESTABLISHMENT. ‘‘(2) is carried out and, as appropriate, up- ‘‘(ii) is conducted by an independent enti- Section 131(b) (20 U.S.C. 9531(b)) is amend- dated and modified, including through the ty; ed— use of the results of the Research Center’s ‘‘(B) a review of the Institute to ensure its (1) by amending paragraph (1) to read as most recent evaluation report under section work, consistent with the requirements of follows: 116(d); section 114(j), is timely, rigorous, and rel- ‘‘(1) to sponsor sustained research that will ‘‘(3) describes how the Research Center will evant; lead to the accumulation of knowledge and use the performance management system de- ‘‘(C) any recommendations regarding ac- understanding of education, consistent with scribed in section 185 to assess and improve tions that may be taken to enhance the abil- the priorities described in section 115;’’; the activities of the Center; ity of the Institute and the National Edu- (2) by striking ‘‘and’’ at the end of para- ‘‘(4) meets the procedures for peer review cation Centers to carry out their priorities graph (3); established and maintained by the Director and missions; and (3) in paragraph (4), by striking the period under section 114(f)(5) and the standards of ‘‘(D) a summary of the major research find- and inserting ‘‘; and’’; and research described in section 134; and ings of the Institute and the activities car- (4) by adding at the end the following: ‘‘(5) includes both basic research and ap- ried out under section 113(b) during the 3 pre- ‘‘(5) consistent with section 114(j), to wide- plied research, which shall include research ceding fiscal years. ly disseminate and promote utilization of conducted through field-initiated research ‘‘(3) NATIONAL CENTER FOR EDUCATION EVAL- the work of the Research Center.’’. and ongoing research initiatives.’’; UATION AND REGIONAL ASSISTANCE.—With re- SEC. 132. DUTIES. (3) by redesignating subsection (c) as sub- spect to the National Center for Education Section 133 (20 U.S.C. 9533) is amended— section (d); Evaluation and Regional Assistance, an eval- (1) in subsection (a)— (4) by inserting after subsection (b), as so uation report described in paragraph (1) shall (A) in paragraph (1), by striking ‘‘peer-re- amended, the following: contain— view standards and’’; ‘‘(c) GRANTS, CONTRACTS, AND COOPERATIVE ‘‘(A) an evaluation described in paragraph (B) by striking paragraph (2); AGREEMENTS.— (2)(A) of the activities authorized for such (C) by redesignating paragraph (3) as para- ‘‘(1) IN GENERAL.—The Research Commis- Center, except for the regional educational graph (2); sioner may award grants to, or enter into

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contracts or cooperative agreements, with ‘‘(B) consistent with section 114(j), is rel- ‘‘(b) PLAN.—The Statistics Commissioner eligible applicants to carry out research evant, timely, and widely disseminated.’’. shall propose to the Director and, subject to under subsection (a). SEC. 152. DUTIES. the approval of the Director, implement a ‘‘(2) ELIGIBILITY.—For purposes of this sub- Section 153 (20 U.S.C. 9543) is amended— plan for activities of the Statistics Center section, the term ‘eligible applicant’ means (1) in subsection (a)— that— an applicant that has the ability and capac- (A) in the matter preceding paragraph (1), ‘‘(1) is consistent with the priorities and ity to conduct scientifically valid research. by inserting ‘‘, consistent with the privacy mission of the Institute and the mission of ‘‘(3) APPLICATIONS.— protections under section 183,’’ after ‘‘Center the Statistics Center described in section ‘‘(A) IN GENERAL.—An eligible applicant shall’’; 151(b); that wishes to receive a grant, or enter into (B) in paragraph (1)— ‘‘(2) is carried out and, as appropriate, up- a contract or cooperative agreement, under (i) by amending subparagraph (D) to read dated and modified, including through the this section shall submit an application to as follows: use of the results of the Statistic Center’s the Research Commissioner at such time, in ‘‘(D) secondary school graduation and com- most recent evaluation report under section such manner, and containing such informa- pletion rates, including the four-year ad- 116(d); and tion as the Research Commissioner may re- justed cohort graduation rate (as defined in ‘‘(3) describes how the Statistics Center quire. section 200.19(b)(1)(i)(A) of title 34, Code of will use the performance management sys- ‘‘(B) CONTENT.—An application submitted Federal Regulations, as such section was in tem described in section 185 to assess and im- under subparagraph (A) shall describe how effect on November 28, 2008) and the ex- prove the activities of the Center.’’. the eligible applicant will address and dem- tended-year adjusted cohort graduation rate SEC. 153. PERFORMANCE OF DUTIES. onstrate progress on the requirements of the (as defined in section 200.19(b)(1)(v)(A) of Section 154 (20 U.S.C. 9544) is amended— performance management system described title 34, Code of Federal Regulations, as such (1) in subsection (a)— in section 185, with respect to the activities section was in effect on November 28, 2008), (A) by striking ‘‘In carrying’’ and inserting that will be carried out under the grant, con- and school dropout rates, and adult lit- the following: tract, or cooperative agreement.’’; and eracy;’’; ‘‘(1) IN GENERAL.—In carrying’’; and (5) in subsection (d), as redesignated by (ii) in subparagraph (E), by striking ‘‘and (B) by adding at the end the following: paragraph (3)— opportunity for,’’ and inserting ‘‘opportunity ‘‘(2) ELIGIBILITY.—For purposes of this sec- (A) by amending paragraph (1) to read as for, and completion of’’; tion, the term ‘eligible applicant’ means an follows: (iii) by amending subparagraph (F) to read applicant that has the ability and capacity ‘‘(1) SUPPORT.—In carrying out activities as follows: to carry out activities under this part. under subsection (a)(2), the Research Com- ‘‘(F) teaching, including information on ‘‘(3) APPLICATIONS.— missioner shall support national research pre-service preparation, professional devel- ‘‘(A) IN GENERAL.—An eligible applicant and development centers that address topics opment, teacher distribution, and teacher that wishes to receive a grant, or enter into of importance and relevance in the field of and school leader evaluation;’’; a contract or cooperative agreement, under education across the country and are con- (iv) in subparagraph (G), by inserting ‘‘and this section shall submit an application to sistent with the Institute’s priorities under school leaders’’ before the semicolon; the Statistics Commissioner at such time, in section 115.’’; (v) in subparagraph (H), by inserting ‘‘, cli- such manner, and containing such informa- (B) by striking paragraphs (2), (3), and (5); mate, and in- and out-of-school suspensions tion as the Statistics Commissioner may re- (C) by redesignating paragraphs (4), (6), and and expulsions’’ before ‘‘, including informa- quire. (7) as paragraph (2), (3), and (4), respectively; tion regarding’’; ‘‘(B) CONTENTS.—An application submitted (D) by amending paragraph (2), as so redes- (vi) by amending subparagraph (K) to read under subparagraph (A) shall describe how ignated— as follows: the eligible applicant will address and dem- (i) in the matter preceding subparagraph ‘‘(K) the access to, and use of, technology onstrate progress on the requirements of the (A), by striking ‘‘5 additional’’ and inserting to improve elementary schools and sec- performance management system described ‘‘2 additional’’; ondary schools;’’; in section 185, with respect to the activities (ii) in subparagraph (B), by striking the pe- (vii) in subparagraph (L), by striking ‘‘and that will be carried out under the grant, con- riod and inserting ‘‘; and’’; and opportunity for,’’ and inserting ‘‘opportunity (iii) by adding at the end the following: for, and quality of’’; tract, or cooperative agreement.’’; ‘‘(C) demonstrates progress on the require- (viii) in subparagraph (M), by striking (2) in subsection (b)(2)(A), by striking ‘‘vo- ments of the performance management sys- ‘‘such programs during school recesses’’ and cational and’’ and inserting ‘‘career and tem described in section 185.’’; inserting ‘‘summer school’’; and technical education programs,’’; and (E) in paragraph (3), as so redesignated, by (ix) in subparagraph (N), by striking ‘‘voca- (3) in subsection (c), by striking ‘‘5 years’’ striking ‘‘paragraphs (4) and (5)’’ and insert- tional’’ and inserting ‘‘career’’; the second place it appears and inserting ‘‘2 ing ‘‘paragraph (2)’’; and (C) in paragraph (3), by striking ‘‘when years if the recipient demonstrates progress (F) by amending paragraph (4), as so redes- such disaggregated information will facili- on the requirements of the performance ignated, to read as follows: tate educational and policy decisionmaking’’ management system described in section 185, ‘‘(4) DISAGGREGATION.—To the extent fea- and inserting ‘‘so long as any reported infor- with respect to the activities carried out sible and when relevant to the research being mation does not reveal individually identifi- under the grant, contract, or cooperative conducted, research conducted under this able information’’; agreement received under this section’’. subsection shall be disaggregated and cross- (D) in paragraph (4), by inserting before SEC. 154. REPORTS. tabulated by age, race, gender, disability sta- the semicolon the following: ‘‘, and the im- Section 155 (20 U.S.C. 9545) is amended— tus, English learner status, and socio- plementation (with the assistance of the De- (1) in subsection (a), by inserting ‘‘(con- economic background.’’. partment and other Federal officials who sistent with section 114(h))’’ after ‘‘review’’; SEC. 133. STANDARDS FOR CONDUCT AND EVAL- have statutory authority to provide assist- and UATION OF RESEARCH. ance on applicable privacy laws, regulations, (2) in subsection (b), by striking ‘‘2003’’ and Section 134 (20 U.S.C. 9534) is amended— and policies) of appropriate privacy protec- inserting ‘‘2015’’. (1) in subsection (a)— tions’’; SEC. 155. DISSEMINATION. (A) in paragraph (1), by striking ‘‘based’’ (E) in paragraph (5), by striking ‘‘promote Section 156 (20 U.S.C. 9546) is amended— and inserting ‘‘valid’’; and linkages across States,’’; (1) in subsection (c), by adding at the end (B) in paragraph (2), by striking ‘‘and wide (F) in paragraph (6)— the following: ‘‘Such projects shall adhere to dissemination activities’’ and inserting (i) by striking ‘‘Third’’ and inserting student privacy requirements under section ‘‘and, consistent with section 114(j), wide dis- ‘‘Trends in’’; and 183.’’; and semination and utilization activities’’; (ii) by inserting ‘‘and the Program for (2) in subsection (e)— (2) by striking subsection (b); and International Student Assessment’’ after (A) in paragraph (1), by adding at the end (3) by redesignating subsection (c) as sub- ‘‘Science Study’’; the following: ‘‘Before receiving access to section (b). (G) in paragraph (7), by inserting before educational data under this paragraph, a PART C—NATIONAL CENTER FOR the semicolon the following: ‘‘, ensuring such Federal agency shall describe to the Statis- EDUCATION STATISTICS collections protect student privacy con- tics Center the specific research intent for SEC. 151. ESTABLISHMENT. sistent with section 183’’; use of the data, how access to the data may Section 151(b) (20 U.S.C. 9541(b)) is amend- (H) by amending paragraph (8) to read as meet such research intent, and how the Fed- ed— follows: eral agency will protect the confidentiality (1) in paragraph (2), by inserting ‘‘and con- ‘‘(8) assisting the Board in the preparation of the data consistent with the requirements sistent with the privacy protections under and dissemination of each evaluation report of section 183.’’; section 183’’ after ‘‘manner’’; and under section 116(d); and’’; and (B) in paragraph (2)— (2) in paragraph (3)— (I) by striking paragraph (9); (i) by inserting ‘‘and consistent with sec- (A) in subparagraph (A), by inserting ‘‘dis- (2) by redesignating subsection (b) as sub- tion 183’’ after ‘‘may prescribe’’; and ability,’’ after ‘‘cultural,’’; and section (c); and (ii) by adding at the end the following: (B) by amending subparagraph (B) to read (3) by inserting after subsection (a) the fol- ‘‘Before receiving access to data under this as follows: lowing: paragraph, an interested party shall describe

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H3992 CONGRESSIONAL RECORD — HOUSE May 8, 2014 to the Statistics Center the specific research (B) in paragraph (3), by inserting ‘‘, con- for a period of not more than 5 years, and intent for use of the data, how access to the sistent with section 114(j)’’ after ‘‘timely, may be renewed at the discretion of the data may meet such research intent, and and efficient manner’’; Evaluation and Regional Assistance Com- how the party will protect the confiden- (C) in paragraph (4)— missioner for an additional period of not tiality of the data consistent with the re- (i) by striking ‘‘development and dissemi- more than 2 years if the recipient dem- quirements of section 183.’’; and nation’’ and inserting ‘‘development, dis- onstrates progress on the requirements of (C) by adding at the end the following: semination, and utilization’’; and the performance management system de- ‘‘(3) DENIAL AUTHORITY.—The Statistics (ii) by striking ‘‘the provision of technical scribed in section 185, with respect to the ac- Center shall have the authority to deny any assistance,’’; tivities carried out under the grant, con- requests for access to data under paragraph (D) in paragraph (5), by inserting ‘‘and’’ tract, or cooperative agreement.’’; (1) or (2) for any scientific deficiencies in the after the semicolon; (5) in subsection (e), as so redesignated— proposed research design or research intent (E) in paragraph (6)— (A) in paragraph (1), by striking ‘‘There is for use of the data, or if the request would (i) by striking ‘‘Director’’ and inserting established’’ and all that follows through introduce risk of a privacy violation or mis- ‘‘Board’’; ‘‘Regional Assistance’’ and inserting ‘‘The use of data.’’. (ii) by striking ‘‘preparation of a biennial Evaluation and Regional Assistance Com- SEC. 156. COOPERATIVE EDUCATION STATISTICS report’’ and inserting ‘‘preparation and dis- missioner may establish’’; SYSTEMS. semination of each evaluation report’’; and (B) in paragraph (2)(A), by inserting ‘‘all’’ (a) IN GENERAL.—Section 157 (20 U.S.C. (iii) by striking ‘‘119; and’’ and inserting before ‘‘products’’; and 9547) is amended— ‘‘116(d).’’; (C) in paragraph (2)(B)(ii), by striking (1) in the heading, by striking ‘‘SYSTEMS’’ (F) by striking paragraph (7); ‘‘2002’’ and all that follows through the pe- and inserting ‘‘PARTNERSHIPS’’; (2) in subsection (b)(1)— riod and inserting ‘‘2002.’’. (2) by striking ‘‘national cooperative edu- (A) by inserting ‘‘all’’ before ‘‘information SEC. 173. EVALUATIONS. cation statistics systems’’ and inserting ‘‘co- disseminated’’; and Section 173 (20 U.S.C. 9563) is amended— operative education statistics partnerships’’; (B) by striking ‘‘, which may include’’ and (1) in subsection (a)— (3) by striking ‘‘producing and maintain- all that follows through ‘‘of this Act)’’; (A) in paragraph (1)— ing, with the cooperation’’ and inserting ‘‘re- (3) by striking subsection (c) and redesig- (i) in the matter preceding subparagraph viewing and improving, with the voluntary nating subsection (d) as subsection (e); and (A), by striking ‘‘may’’ and inserting participation’’; (4) by inserting after subsection (b) the fol- ‘‘shall’’; (4) by striking ‘‘comparable and uniform’’ lowing: (ii) in subparagraph (A), by striking ‘‘eval- and inserting ‘‘data quality standards, which ‘‘(c) PLAN.—The Evaluation and Regional uations’’ and inserting ‘‘high-quality evalua- may include establishing voluntary guide- Assistance Commissioner shall propose to tions, including impact evaluations that use the Director and, subject to the approval of lines to standardize’’; rigorous methodologies that permit the the Director, implement a plan for the ac- (5) by striking ‘‘adult education, and li- strongest possible causal inferences,’’; tivities of the National Center for Education braries,’’ and inserting ‘‘and adult edu- (iii) in subparagraph (B), by inserting be- Evaluation and Regional Assistance that— cation’’; and fore the semicolon at the end the following: ‘‘(1) is consistent with the priorities and (6) by adding at the end the following: ‘‘No ‘‘, including programs under part A of such mission of the Institute and the mission of student data shall be collected by the part- title (20 U.S.C. 6311 et seq.)’’; the Center described in section 171(b); (iv) by striking subparagraph (C) and re- nerships established under this section, nor ‘‘(2) is carried out and, as appropriate, up- shall such partnerships establish a national designating subparagraph (D) as subpara- dated and modified, including through the graph (C); student data system.’’. use of the results of the Center’s most recent (b) CONFORMING AMENDMENT.—The table of (v) by striking subparagraphs (E) and (G), evaluation report under section 116(d); and contents in section 1 of the Act of November and redesignating subparagraph (F) as sub- ‘‘(3) describes how the Center will use the 5, 2002 (Public Law 107–279; 116 Stat. 1940) is paragraph (D); performance management system described amended by striking the item relating to (vi) in subparagraph (D), as so redesig- in section 185 to assess and improve the ac- section 157 and inserting the following: nated, by striking ‘‘and’’ at the end; and tivities of the Center. (vii) by inserting after subparagraph (D), ‘‘Sec. 157. Cooperative education statistics ‘‘(d) GRANTS, CONTRACTS, AND COOPERATIVE as so redesignated, the following: partnerships.’’. AGREEMENTS.— ‘‘(E) provide evaluation findings in an un- PART D—NATIONAL CENTER FOR EDU- ‘‘(1) IN GENERAL.—In carrying out the du- derstandable, easily accessible, and usable CATION EVALUATION AND REGIONAL ties under this part, the Evaluation and Re- format to support program improvement; ASSISTANCE gional Assistance Commissioner may— ‘‘(F) support the evaluation activities de- SEC. 171. ESTABLISHMENT. ‘‘(A) award grants, contracts, or coopera- scribed in section 401 of the Strengthening Section 171 (20 U.S.C. 9561) is amended— tive agreements to eligible applicants to Education through Research Act that are (1) in subsection (b)— carry out the activities under this part; and carried about by the Director; and (A) by striking paragraph (1); ‘‘(B) provide technical assistance. ‘‘(G) to the extent feasible— (B) by redesignating paragraphs (2), (3), ‘‘(2) ELIGIBILITY.—For purposes of this sec- ‘‘(i) examine evaluations conducted or sup- and (4) as paragraphs (1), (2), and (3), respec- tion, the term ‘eligible applicant’ means an ported by others to determine the quality tively; applicant that has the ability and capacity and relevance of the evidence of effectiveness (C) in paragraph (1), as so redesignated, by to carry out activities under this part. generated by those evaluations, with the ap- striking ‘‘of such programs’’ and all that fol- ‘‘(3) ENTITIES TO CONDUCT EVALUATIONS.—In proval of the Director; lows through ‘‘science)’’ and inserting ‘‘and awarding grants, contracts, or cooperative ‘‘(ii) review and supplement Federal edu- to evaluate the implementation of such pro- agreements under paragraph (1) to carry out cation program evaluations, particularly grams’’; activities under section 173, the Evaluation such evaluations by the Department, to de- (D) in paragraph (2), as so redesignated, by and Regional Assistance Commissioner shall termine or enhance the quality and rel- striking ‘‘and wide dissemination of results make such awards to eligible applicants with evance of the evidence generated by those of’’ and inserting ‘‘and, consistent with sec- the ability and capacity to conduct scientif- evaluations; tion 114(j), the wide dissemination and utili- ically valid education evaluations. ‘‘(iii) conduct implementation evaluations zation of results of all’’; and ‘‘(4) APPLICATIONS.— that promote continuous improvement and (2) by striking subsection (c). ‘‘(A) IN GENERAL.—An eligible applicant inform policymaking; SEC. 172. COMMISSIONER FOR EDUCATION EVAL- that wishes to receive a grant, contract, or ‘‘(iv) evaluate the short- and long-term ef- UATION AND REGIONAL ASSIST- cooperative agreement under paragraph (1) fects and cost efficiencies across programs ANCE. shall submit an application to the Evalua- assisted or authorized under Federal law and Section 172 (20 U.S.C. 9562) is amended— tion and Regional Assistance Commissioner administrated by the Department; and (1) in subsection (a)— at such time, in such manner, and con- ‘‘(v) synthesize the results of evaluation (A) by amending paragraph (2) to read as taining such information as the Commis- studies for and across Federal education pro- follows: sioner may require. grams, policies, and practices.’’; and ‘‘(2) widely disseminate, consistent with ‘‘(B) CONTENTS.—An application submitted (B) in paragraph (2)— section 114(j), all information on scientif- under subparagraph (A) shall describe how (i) in subparagraph (A), by striking ‘‘and’’ ically valid research and statistics supported the eligible applicant will address and dem- at the end; by the Institute and all scientifically valid onstrate progress on the requirements of the (ii) in subparagraph (B), by striking the pe- education evaluations supported by the In- performance management system described riod and inserting ‘‘under section 114(h); stitute, particularly to State educational in section 185, with respect to the activities and’’; and agencies and local educational agencies, to carried out under such grant, contract, or (iii) by adding at the end the following: institutions of higher education, to the pub- cooperative agreement. ‘‘(C) be widely disseminated, consistent lic, the media, voluntary organizations, pro- ‘‘(5) DURATION.—Notwithstanding any with section 114(j).’’; and fessional associations, and other constitu- other provision of law, the grants, contracts, (2) in subsection (b), by striking ‘‘con- encies, especially with respect to the prior- and cooperative agreements under paragraph tracts’’ and inserting ‘‘grants, contracts, or ities described in section 115;’’; (1) may be awarded, on a competitive basis, cooperative agreements’’.

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SEC. 174. REGIONAL EDUCATIONAL LABORA- ‘‘(3) NON-FEDERAL SUPPORT.—In conducting dissemination activities authorized by this TORIES FOR RESEARCH, DEVELOP- a competition for grants, contracts, or coop- title; and MENT, DISSEMINATION, AND EVAL- erative agreements under subsection (a), the ‘‘(II) how such needs may be addressed UATION. Evaluation and Regional Assistance Com- most effectively. (a) IN GENERAL.—Section 174 (20 U.S.C. missioner shall give priority to eligible ap- ‘‘(B) REGIONAL ADVISORY COMMITTEES.—The 9564) is amended— plicants that will provide a portion of non- individuals described in subparagraph (A)(ii) (1) in the section heading by striking Federal funds to maximize support for ac- may include members of the regional advi- ‘‘ ’’ and inserting ‘‘ TECHNICAL ASSISTANCE EVAL- tivities of the regional educational labora- sory committees established under section ’’; UATION tories to be established under this section. 206(a). (2) in subsection (a)— ‘‘(e) AWARDING GRANTS, CONTRACTS, OR CO- ‘‘(5) PERFORMANCE MANAGEMENT.—Before (A) by striking ‘‘Director’’ and inserting OPERATIVE AGREEMENTS.— the Evaluation and Regional Assistance ‘‘Evaluation and Regional Assistance Com- ‘‘(1) ASSURANCES.—In awarding grants, con- Commissioner awards a grant, contract, or missioner’’; tracts, or cooperative agreements under this cooperative agreement under this section, (B) by striking ‘‘contracts’’ and inserting section, the Evaluation and Regional Assist- the Director shall establish measurable per- ‘‘grants, contracts, or cooperative agree- ance Commissioner shall— formance indicators for assessing the ongo- ments’’; and ‘‘(A) make such an award for not more ing progress and performance of the regional (C) by inserting ‘‘not more than’’ before than a 5-year period; educational laboratories established with ‘‘10 regional’’; ‘‘(B) ensure that regional educational lab- such awards that address— (3) in subsection (c)— oratories established under this section have ‘‘(A) the requirements of the performance (A) by striking ‘‘The Director’’ and insert- strong and effective governance, organiza- management system described in section 185; ing the following: tion, management, and administration, and and ‘‘(1) IN GENERAL.—The Evaluation and Re- employ qualified staff; and ‘‘(B) the relevant results of the regional as- gional Assistance Commissioner’’; ‘‘(C) ensure that each such laboratory has sessments under section 206(e). (B) by striking ‘‘contracts under this sec- the flexibility to respond in a timely fashion ‘‘(6) STANDARDS.—The Evaluation and Re- tion with research organizations, institu- to the needs of the laboratory’s region, in- gional Assistance Commissioner shall adhere tions, agencies, institutions of higher edu- cluding— to the Institute’s system for technical and cation,’’ and inserting ‘‘grants, contracts, or ‘‘(i) through using the results of the lab- peer review under section 114(h) in reviewing cooperative agreements under this section oratory’s interim evaluation under sub- the applied research activities and research- with public or private, nonprofit or for-profit section (i)(3) to improve and modify the ac- based reports of the regional educational research organizations, other organizations, tivities of the laboratory before the end of laboratories. or institutions of higher education,’’; the award period; and ‘‘(7) REQUIRED CONSIDERATION.—In deter- (C) by striking ‘‘or individuals,’’; ‘‘(ii) through sharing preliminary results mining whether to award a grant, contract, (D) by striking ‘‘, including regional enti- of the laboratory’s research, as appropriate, or cooperative agreement under this section ties’’ and all that follows through ‘‘107– to increase the relevance and usefulness of to an eligible applicant that previously es- 110))’’; and the research. tablished a regional educational laboratory (E) by adding at the end the following: ‘‘(2) COORDINATION.—To ensure coordina- under this section, the Evaluation and Re- ‘‘(2) DEFINITION.—For purposes of this sec- tion and prevent unnecessary duplication of gional Assistance Commissioner shall con- tion, the term ‘eligible applicant’ means an activities among the regions, the Evaluation sider the results of such laboratory’s entity described in paragraph (1).’’; and Regional Assistance Commissioner summative evaluation under subsection (4) by striking subsections (d) through (j) shall— (i)(2). and inserting the following: ‘‘(A) share information about the activities ‘‘(f) MISSION.—Each regional educational ‘‘(d) APPLICATIONS.— of each regional educational laboratory with laboratory established under this section ‘‘(1) SUBMISSION.— each other regional educational laboratory, shall— ‘‘(A) IN GENERAL.—Each eligible applicant the Department, the Director, and the Na- ‘‘(1) conduct applied research, develop- desiring a contract grant, contract, or coop- tional Board for Education Sciences; ment, and evaluation activities with State erative agreement under this section shall ‘‘(B) ensure, where appropriate, that the educational agencies, local educational agen- submit an application at such time, in such activities of each regional educational lab- cies, and, as appropriate, schools funded by manner, and containing such information as oratory established under this section also the Bureau; the Evaluation and Regional Assistance serve national interests; ‘‘(2) widely disseminate such work, con- Commissioner may reasonably require. ‘‘(C) ensure each such regional educational sistent with section 114(j); and ‘‘(B) INPUT.—To ensure that applications laboratory establishes strong partnerships ‘‘(3) develop the capacity of State edu- submitted under this paragraph are reflec- among practitioners, policymakers, re- cational agencies, local educational agen- tive of the needs of the regions to be served, searchers, and others, so that such partner- cies, and, as appropriate, schools funded by each eligible applicant submitting such an ships are continued in the absence of Federal the Bureau to carry out the activities de- application shall seek input from State edu- support; and scribed in paragraphs (1) and (2). cational agencies and local educational ‘‘(D) enable, where appropriate, for such a ‘‘(g) ACTIVITIES.—To carry out the mission agencies in the region that the award will laboratory to work in a region being served described in subsection (f), each regional serve, and other individuals with knowledge by another laboratory or to carry out a educational laboratory established under of the region’s needs. Such individuals may project that extends beyond the region this section shall carry out the following ac- include members of the regional advisory served by the laboratory. tivities: committee for the region under section ‘‘(3) COLLABORATION WITH TECHNICAL AS- ‘‘(1) Conduct, widely disseminate, and pro- 206(a). SISTANCE PROVIDERS.—Each regional edu- mote utilization of applied research, develop- ‘‘(2) PLAN.— cational laboratory established under this ment activities, evaluations, and other sci- ‘‘(A) IN GENERAL.—Each application sub- section shall, on an ongoing basis, coordi- entifically valid research. mitted under paragraph (1) shall contain a nate its activities, collaborate, and regularly ‘‘(2) Develop and improve the plan for the plan for the activities of the regional edu- exchange information with the comprehen- laboratory under subsection (d)(2) for serving cational laboratory to be established under sive centers (established in section 203) in the region of the laboratory, and as appro- this section, which shall be updated, modi- the region in which the center is located, and priate, national needs, on an ongoing basis, fied, and improved, as appropriate, on an on- with comprehensive centers located outside which shall include seeking input and incor- going basis, including by using the results of of its region, as appropriate. porating feedback from the representatives the laboratory’s interim evaluation under ‘‘(4) OUTREACH.— of State educational agencies and local edu- subsection (i)(3). ‘‘(A) IN GENERAL.—In conducting competi- cational agencies in the region, and other in- ‘‘(B) CONTENTS.—A plan described in sub- tions for grants, contracts, or cooperative dividuals with knowledge of the region’s paragraph (A) shall address— agreements under this section, the Evalua- needs. Such representatives and other indi- ‘‘(i) the priorities for applied research, de- tion and Regional Assistance Commissioner viduals may include members of the regional velopment, evaluations, and wide dissemina- shall— advisory committee for the region estab- tion established under section 207; ‘‘(i) by making information and technical lished under section 206(a). ‘‘(ii) the needs of State educational agen- assistance relating to the competition wide- ‘‘(3) Ensure research and related products cies and local educational agencies, on an ly available, actively encourage eligible ap- are relevant and responsive to the needs of ongoing basis, using available State and plicants to compete for such an award; and the region, including by using the relevant local data, including the relevant results of ‘‘(ii) seek input from the chief executive results of the region’s assessment under sec- the region’s assessment under section 206(e); officers of States, chief State school officers, tion 206(e). and educators, parents, superintendents, and ‘‘(h) GOVERNING BOARD.— ‘‘(iii) if available, demonstrated support other individuals with knowledge of the ‘‘(1) IN GENERAL.—Each regional edu- from State educational agencies and local needs of the regions to be served by the cational laboratory established under this educational agencies in the region, such as awards, regarding— section may establish a governing board to letters of support or signed memoranda of ‘‘(I) the needs in the regions for applied re- improve the management of activities that understanding. search, evaluation, development, and wide- the laboratory carries out under this section.

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‘‘(2) BOARD DUTIES.—A Board established (8) by amending subsection (m), as so re- how secondary school credentials are related under paragraph (1) shall coordinate and designated, to read as follows: to postsecondary and employment out- align its work with the work of the regional ‘‘(m) ANNUAL REPORT.—Each regional edu- comes’’; advisory committee for the region estab- cational laboratory established under this (E) by redesignating paragraphs (11) lished under section 206. section shall submit to the Evaluation and through (15) and paragraphs (16) and (17) as ‘‘(i) EVALUATIONS.— Regional Assistance Commissioner an an- paragraphs (12) through (16), respectively, ‘‘(1) IN GENERAL.—The Evaluation and Re- nual report containing such information as and paragraphs (18) and (19), respectively; gional Assistance Commissioner shall— the Commissioner may require, but which (F) by inserting after paragraph (10), the ‘‘(A) provide for ongoing summative and shall include, at a minimum, the following: following: interim evaluations described in paragraphs ‘‘(1) A summary of the laboratory’s activi- ‘‘(11) examine the participation and out- (2) and (3), respectively, of each of the re- ties and products developed during the pre- comes of students with disabilities in sec- gional educational laboratories established vious year. ondary and postsecondary career and tech- under this section in carrying out the full ‘‘(2) A listing of the State educational nical education programs;’’; range of duties described in this section; and agencies, local educational agencies, and (G) in paragraph (14), as so redesignated, ‘‘(B) transmit the results of such evalua- schools the laboratory assisted during the by inserting ‘‘and professional development’’ tions, through appropriate means, to the ap- previous year. after ‘‘preparation’’; propriate congressional committees, the Di- ‘‘(3) Using the measurable performance in- (H) in paragraph (16), as so redesignated, rector, and the public. dicators established under subsection (e)(5), by striking ‘‘help parents’’ and inserting ‘‘(2) SUMMATIVE EVALUATIONS.—The Eval- a description of how well the laboratory is ‘‘examine the methods by which parents uation and Regional Assistance Commis- meeting educational needs of the region may’’; sioner shall ensure each regional educational served by the laboratory. (I) by inserting after paragraph (16), as so laboratory established under this section is ‘‘(4) Any changes to the laboratory’s plan redesignated, the following: evaluated by an independent entity at the under subsection (d)(2) to improve its activi- ‘‘(17) assist the Board in the preparation end of the period of the grant, contract, or ties in the remaining years of the grant, con- and dissemination of each evaluation report cooperative agreement that established such tract, or cooperative agreement.’’; and under section 116(d);’’; laboratory, which shall— (9) by adding at the end the following new (J) in paragraph (18), as so redesignated, by striking ‘‘and’’ at the end; ‘‘(A) be completed in a timely fashion; subsection: (K) by amending paragraph (19), as so re- ‘‘(B) assess how well the laboratory is ‘‘(o) APPROPRIATIONS RESERVATION.—Of the designated, to read as follows: meeting the measurable performance indica- amounts appropriated under section 194(a), ‘‘(19) examine the needs of children with tors established under subsection (e)(5); and the Evaluation and Regional Assistance disabilities who are English learners, gifted ‘‘(C) consider the extent to which the lab- Commissioner shall reserve 16.13 percent of and talented, or who have other unique oratory ensures that the activities of such such funds to carry out this section, of which learning needs; and’’; and laboratory are relevant and useful to the the Commissioner shall use not less than 25 (L) by adding at the end the following: work of State and local practitioners and percent to serve rural areas (including ‘‘(20) examine innovations in the field of policymakers. schools funded by the Bureau which are lo- cated in rural areas).’’. special education, such as multi-tiered sys- ‘‘(3) INTERIM EVALUATIONS.—The Evalua- tems of support.’’; (b) CONFORMING AMENDMENT.—The table of tion and Regional Assistance Commissioner (2) in subsection (c)— contents in section 1 of the Act of November shall ensure each regional educational lab- (A) in the matter preceding paragraph (1)— 5, 2002 (Public Law 107–279; 116 Stat. 1940) is oratory established under this section is (i) by inserting ‘‘for the activities of the amended by striking the item relating to evaluated at the midpoint of the period of Special Education Research Center’’ after section 174 and inserting the following: the grant, contract, or cooperative agree- ‘‘research plan’’; and ment that established such laboratory, ‘‘Sec. 174. Regional educational laboratories (ii) by inserting ‘‘and, subject to the ap- which shall— for research, development, dis- proval of the Director, implement such plan’’ ‘‘(A) assess how well such laboratory is semination, and evaluation.’’. after ‘‘Services’’; meeting the performance indicators de- PART E—NATIONAL CENTER FOR SPECIAL (B) in paragraph (1), by inserting ‘‘de- scribed in subsection (e)(5); and EDUCATION RESEARCH scribed in section 175(b)’’ after ‘‘Center’’; ‘‘(B) be used to improve the effectiveness SEC. 175. ESTABLISHMENT. (C) by amending paragraph (2) to read as of such laboratory in carrying out its plan follows: Section 175(b) (20 U.S.C. 9567(b)) is amend- under subsection (d)(2). ‘‘(2) is carried out, and, as appropriate, up- ed— ‘‘(j) CONTINUATION OF AWARDS; RECOMPETI- dated and modified, including by using the (1) in paragraph (1), by striking ‘‘and chil- TION.— results of the Special Education Research dren’’ and inserting ‘‘children, and youth’’; ‘‘(1) CONTINUATION OF AWARDS.—The Eval- Center’s most recent evaluation report under (2) in paragraph (2), by striking ‘‘and’’ at uation and Regional Assistance Commis- section 116(d);’’; the end; sioner shall continue awards made to each (D) by striking paragraph (5); (3) in paragraph (3), by striking the period eligible applicant for the support of regional (E) by redesignating paragraphs (3), (4), educational laboratories established under at the end and inserting a semicolon; and and (6) as paragraphs (4), (5), and (7), respec- this section prior to the date of enactment of (4) by adding at the end the following: tively; the Strengthening Education through Re- ‘‘(4) to promote quality and integrity (F) by inserting after paragraph (2), as so search Act, as such awards were in effect on through the use of accepted practices of sci- amended, the following: the day before the date of enactment of the entific inquiry to obtain knowledge and un- ‘‘(3) provides for research that addresses Strengthening Education through Research derstanding of the validity of education significant questions of practice where such Act, for the duration of those awards, in ac- theories, practices, or conditions with re- research is lacking;’’; cordance with the terms and agreements of spect to special education research and eval- (G) in paragraph (5), as so redesignated, by such awards. uation described in paragraphs (1) through striking ‘‘and types of children with’’ and in- (3); and ‘‘(2) RECOMPETITION.—Not later than the serting ‘‘, student subgroups, and types of’’; end of the period of the awards described in ‘‘(5) to promote scientifically valid re- and paragraph (1), the Evaluation and Regional search findings in special education that (H) by inserting after paragraph (5), as so Assistance Commissioner shall— may provide the basis for improving aca- redesignated and amended, the following: ‘‘(A) hold a competition to make grants, demic instruction and lifelong learning.’’. ‘‘(6) describes how the Special Education contracts, or cooperative agreements under SEC. 176. COMMISSIONER FOR SPECIAL EDU- Research Center will use the performance this section to eligible applicants, which CATION RESEARCH. management system described in section 185 may include eligible applicants that held Section 176 (20 U.S.C. 9567a) is amended by to assess and improve the activities of the awards described in paragraph (1); and inserting ‘‘and youth’’ after ‘‘children’’. Center; and’’; ‘‘(B) in determining whether to select an SEC. 177. DUTIES. (3) in subsection (d)— eligible applicant that held an award de- Section 177 (20 U.S.C. 9567b) is amended— (A) in paragraph (1), by striking ‘‘Direc- scribed in paragraph (1) for an award under (1) in subsection (a)— tor’’ and inserting ‘‘Special Education Re- subparagraph (A) of this paragraph, consider (A) in paragraph (1)(A), by inserting ‘‘and search Commissioner’’; the results of the summative evaluation youth’’ after ‘‘children’’; (B) by amending paragraph (3) to read as under subsection (i)(2) of the laboratory es- (B) in paragraph (2), by striking ‘‘scientif- follows: tablished with the eligible applicant’s award ically based educational practices’’ and in- ‘‘(3) APPLICATIONS.— described in paragraph (1).’’; serting ‘‘educational practices, including the ‘‘(A) IN GENERAL.—An eligible applicant (5) by striking subsection (l); use of technology based on scientifically that wishes to receive a grant, or enter into (6) by redesignating subsections (m), (n), valid research,’’; a contract or cooperative agreement, under and (o) as subsections (l), (m), and (n), re- (C) in paragraph (4), by striking ‘‘based’’ this section shall submit an application to spectively; and inserting ‘‘valid’’; the Special Education Research Commis- (7) in subsection (l), as so redesignated, by (D) in paragraph (10), by inserting before sioner at such time, in such manner, and inserting ‘‘and local’’ after ‘‘achieve State’’; the semicolon the following: ‘‘, including containing such information as the Special

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — HOUSE H3995 Education Research Commissioner may re- SEC. 185. PERFORMANCE MANAGEMENT. peal is expressed in terms of an amendment quire. Section 185 (20 U.S.C. 9575) is amended to to, or repeal of, a section or other provision, ‘‘(B) CONTENTS.—An application submitted read as follows: the reference shall be considered to be made under subparagraph (A) shall describe how ‘‘SEC. 185. PERFORMANCE MANAGEMENT. to a section or other provision of the Edu- the eligible applicant will address and dem- ‘‘The Director shall establish a system for cational Technical Assistance Act of 2002 (20 onstrate progress on the requirements of the managing the performance of all activities U.S.C. 9601 et seq.). performance management system described authorized under this title to promote con- SEC. 202. DEFINITIONS. in section 185, with respect to the activities tinuous improvement of the activities and to Section 202 (20 U.S.C. 9601) is amended— that will be carried out under such grant, ensure the effective use of Federal funds by— (1) by redesignating paragraph (2) as para- contract, or cooperative agreement.’’; and ‘‘(1) developing and using measurable per- graph (3); and (C) by adding at the end the following: formance indicators, including timelines, to (2) by inserting after paragraph (1), the fol- ‘‘(4) DURATION.—Notwithstanding any evaluate and improve the effectiveness of the lowing: other provision of law, the grants, contracts, activities; ‘‘(2) SCHOOL LEADER.—The term ‘school and cooperative agreements under this sec- ‘‘(2) using the performance indicators de- leader’ has the meaning given the term in tion may be awarded, on a competitive basis, scribed in paragraph (1) to inform funding section 102.’’. for a period of not more than 5 years, and decisions, including the awarding and con- SEC. 203. COMPREHENSIVE CENTERS. may be renewed at the discretion of the Spe- tinuation of all grants, contracts, and coop- Section 203 (20 U.S.C. 9602)— cial Education Research Commissioner for erative agreements under this title; (1) by amending subsection (a) to read as an additional period of not more than 2 years ‘‘(3) establishing and improving formal follows: if the recipient demonstrates progress on the feedback mechanisms to— ‘‘(a) AUTHORIZATION.— requirements of the performance manage- ‘‘(A) anticipate and meet stakeholder ‘‘(1) IN GENERAL.—Subject to paragraph (3), ment system described in section 185, with needs; and the Secretary is authorized to award not respect to the activities carried out under ‘‘(B) incorporate, on an ongoing basis, the more than 17 grants, contracts, or coopera- the grant, contract, or cooperative agree- feedback of such stakeholders into the ac- tive agreements to eligible applicants to es- ment received under this section.’’; tivities authorized under this title; and tablish comprehensive centers. (4) by amending subsection (e) to read as ‘‘(4) promoting the wide dissemination and ‘‘(2) MISSION.—The mission of the com- follows: utilization, consistent with section 114(j), of prehensive centers is to provide State edu- all information, products, and publications cational agencies and local educational ‘‘(e) DISSEMINATION.—The Special Edu- of the Institute.’’. agencies technical assistance, analysis, and cation Research Center shall synthesize and, SEC. 186. AUTHORITY TO PUBLISH. training to build their capacity in imple- consistent with section 114(j), widely dis- Section 186(b) (20 U.S.C. 9576) is amended menting the requirements of the Elementary seminate and promote utilization of the find- by striking ‘‘any information to be published and Secondary Education Act of 1965 (20 ings and results of special education research under this section before publication’’ and U.S.C. 6301 et seq.) and other Federal edu- conducted or supported by the Special Edu- inserting ‘‘publications under this section cation laws, and research-based practices. cation Research Center.’’; and before the public release of such publica- ‘‘(3) REGIONS.—In awarding grants, con- (5) in subsection (f), by striking ‘‘part such tions’’. tracts, or cooperative agreements under sums as may be necessary for each of fiscal SEC. 187. REPEALS. paragraph (1), the Secretary— years 2005 through 2010.’’ and inserting (a) REPEALS.—Sections 187 (20 U.S.C. 9577) ‘‘(A) shall establish at least one com- ‘‘part— and 193 (20 U.S.C. 9583) are repealed. prehensive center for each of the 10 geo- ‘‘(1) for fiscal year 2015, $54,000,000; (b) CONFORMING AMENDMENTS.—The table graphic regions served by the regional edu- ‘‘(2) for fiscal year 2016, $54,108,000; of contents in section 1 of the Act of Novem- cational laboratories established under sec- ‘‘(3) for fiscal year 2017, $55,298,376; ber 5, 2002 (Public Law 107–279; 116 Stat. 1940) tion 941(h) of the Educational Research, De- ‘‘(4) for fiscal year 2018, $56,625,537; is amended by striking the items relating to velopment, Dissemination, and Improvement ‘‘(5) for fiscal year 2019, $58,154,426; and sections 187 and 193. Act of 1994 (as such provision existed on the ‘‘(6) for fiscal year 2020, $65,645,169.’’. SEC. 188. FELLOWSHIPS. day before the date of enactment of this PART F—GENERAL PROVISIONS Section 189 (20 U.S.C. 9579) is amended— Act); and (1) by inserting ‘‘and the mission of each ‘‘(B) may establish additional comprehen- SEC. 182. PROHIBITIONS. National Education Center authorized under sive centers— Section 182 (20 U.S.C. 9572) is amended— this title’’ after ‘‘related to education’’; and ‘‘(i) for one or more of the regions de- (1) in subsection (b)— (2) by striking ‘‘historically Black colleges scribed in subparagraph (A); or (A) by striking ‘‘or control’’ and inserting and universities’’ and inserting ‘‘minority- ‘‘(ii) to serve the Nation as a whole by pro- ‘‘control, or coerce’’; and serving institutions’’. viding technical assistance on a particular (B) by inserting ‘‘specific academic stand- SEC. 189. AUTHORIZATION OF APPROPRIATIONS. content area of importance to the Nation, as ards or assessments,’’ after ‘‘the cur- Section 194 (20 U.S.C. 9584) is amended— determined by the Secretary with the advice riculum,’’ (1) by amending subsection (a) to read as of the regional advisory committees estab- (3) in subsection (c)— follows: lished under section 206(a). (A) by inserting ‘‘coerce,’’ after ‘‘approve,’’ ‘‘(a) IN GENERAL.—There are authorized to ‘‘(4) NATION.—In the case of a comprehen- and be appropriated to administer and carry out sive center established to serve the Nation as (B) by striking ‘‘an elementary school or this title (except part E)— described in paragraph (3)(B)(ii), the Nation secondary school’’ and inserting ‘‘early edu- ‘‘(1) for fiscal year 2015, $337,343,000; shall be considered to be a region served by cation, or in an elementary school, sec- ‘‘(2) for fiscal year 2016, $338,017,686; such Center. ondary school, or institution of higher edu- ‘‘(3) for fiscal year 2017, $345,454,075; ‘‘(5) AWARD PERIOD.—A grant, contract, or cation’’. ‘‘(4) for fiscal year 2018, $353,744,974; cooperative agreement under this section SEC. 183. CONFIDENTIALITY. ‘‘(5) for fiscal year 2019, $363,296,087; and may be awarded, on a competitive basis, for ‘‘(6) for fiscal year 2020, $368,745,528.’’. a period of not more than 5 years. Section 183 (20 U.S.C. 9573) is amended— (2) by striking subsection (b) and inserting ‘‘(6) RESPONSIVENESS.—The Secretary shall (1) in subsection (b)— the following: ensure that each comprehensive center es- (A) by striking ‘‘their families, and infor- ‘‘(b) RESERVATIONS.—Of the amounts ap- tablished under this section has the ability mation with respect to individual schools,’’ propriated under subsection (a) for each fis- to respond in a timely fashion to the needs of and inserting ‘‘and their families’’; and cal year— State educational agencies and local edu- (B) by inserting before the period at the ‘‘(1) not less than the amount provided to cational agencies, including through using end the following: ‘‘, and that any disclosed the National Center for Education Statistics the results of the center’s interim evaluation information with respect to individual (as such Center was in existence on the day under section 204(c), to improve and modify schools not reveal such individually identifi- before the date of enactment of the the activities of the center before the end of able information’’; Strengthening Education through Research the award period.’’; (2) in subsection (d)(2), by inserting ‘‘, in- Act) for fiscal year 2014 shall be provided to (2) in subsection (b)— cluding voluntary and uncompensated serv- the National Center for Education Statistics, (A) in paragraph (1)— ices under section 190’’ after ‘‘providing serv- as authorized under part C; and (i) by inserting ‘‘, contracts, or cooperative ices’’; and ‘‘(2) not more than the lesser of 2 percent agreements’’ after ‘‘Grants’’; (3) in subsection (e)(1), in the matter pre- of such funds or $2,000,000 shall be made (ii) by striking ‘‘research organizations, in- ceding subparagraph (A), by inserting ‘‘and available to carry out section 116 (relating to stitutions, agencies, institutions of higher Director’’ after ‘‘Secretary’’. the National Board for Education education,’’ and inserting ‘‘public or private, SEC. 184. AVAILABILITY OF DATA. Sciences).’’. nonprofit or for-profit research organiza- Section 184 (20 U.S.C. 9574) is amended by TITLE II—EDUCATIONAL TECHNICAL tions, other organizations, or institutions of striking ‘‘use of the Internet’’ and inserting ASSISTANCE higher education,’’; ‘‘electronic means, such as posting to the In- SEC. 201. REFERENCES. (iii) by striking ‘‘, or individuals,’’; stitute’s website in an easily accessible man- Except as otherwise expressly provided, (iv) by striking ‘‘subsection (f)’’ and insert- ner’’. whenever in this title an amendment or re- ing ‘‘subsection (e)’’; and

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H3996 CONGRESSIONAL RECORD — HOUSE May 8, 2014 (v) by striking ‘‘, including regional’’ and agreement under this section shall submit an (vi) by amending subparagraph (C) to read all that follows through ‘‘107–110))’’; and application at such time, in such manner, as follows: (B) by striking paragraphs (2) and (3) and and containing such additional information ‘‘(C) ensuring activities carried out under inserting the following: as the Secretary may reasonably require. this section are relevant and responsive to ‘‘(2) OUTREACH.— ‘‘(B) INPUT.—To ensure that applications the needs of the region being served, includ- ‘‘(A) IN GENERAL.—In conducting competi- submitted under this paragraph are reflec- ing by using the relevant results of the re- tions for grants, contracts, or cooperative tive of the needs of the regions to be served, gional assessments under section 206(e).’’; agreements under this section, the Secretary each eligible applicant submitting such an and shall— application shall seek input from State edu- (B) in paragraph (2)— ‘‘(i) by making widely available informa- cational agencies and local educational (i) by inserting ‘‘, on an ongoing basis,’’ tion and technical assistance relating to the agencies in the region that the award will after ‘‘this section shall’’; and competition, actively encourage eligible ap- serve, and other individuals with knowledge (ii) by inserting ‘‘or other regional edu- plicants to compete for such awards; and of the region’s needs. Such individuals may cational laboratories or comprehensive cen- ‘‘(ii) seek input from chief executive offi- include members of the regional advisory ters, as appropriate,’’ after ‘‘center is lo- cers of States, chief State school officers, committee for the region under section cated,’’; and educators, parents, superintendents, and 206(a). (7) by amending subsections (f) and (g), as other individuals with knowledge of the ‘‘(2) PLAN.— each so redesignated, to read as follows: needs of the regions to be served by the ‘‘(A) IN GENERAL.—Each application sub- ‘‘(f) COMPREHENSIVE CENTER ADVISORY awards, regarding— mitted under paragraph (1) shall contain a BOARD.—A comprehensive center established ‘‘(I) the needs in the regions for technical plan for the comprehensive center to be es- under this section may establish an advisory assistance authorized under this title; and tablished under this section, which shall be board to support and monitor the priorities ‘‘(II) how such needs may be addressed and activities of such center. An advisory updated, modified, and improved, as appro- most effectively. board established under this subsection shall priate, on an ongoing basis, including by ‘‘(B) REGIONAL ADVISORY COMMITTEES.—The coordinate and align its work with the work using the results of the center’s interim individuals described in subparagraph (A)(ii) of the regional advisory committee of the re- evaluation under section 204(c). may include members of the regional advi- gion served by such center established under sory committees established under section ‘‘(B) CONTENTS.—A plan described in sub- section 206. 206(a). paragraph (A) shall address— ‘‘(g) REPORT TO THE SECRETARY.—Each ‘‘(i) the priorities for technical assistance ‘‘(3) PERFORMANCE MANAGEMENT.—Before comprehensive center established under this awarding a grant, contract, or cooperative established under section 207; section shall submit to the Secretary an an- agreement under this section, the Secretary ‘‘(ii) the needs of State educational agen- nual report, at such time, in such manner, shall establish measurable performance indi- cies and local educational agencies, on an and containing such information as the Sec- cators to be used to assess the ongoing ongoing basis, using available State and retary may require, which shall include the progress and performance of the comprehen- local data, including the relevant results of following: sive centers to be established under this title the regional assessments under section ‘‘(1) A summary of the center’s activities that address— 206(e); and and products developed during the previous ‘‘(A) paragraphs (1) through (3) of the per- ‘‘(iii) if available, demonstrated support year. formance management system described in from State educational agencies and local ‘‘(2) A listing of the State educational section 185; and educational agencies, such as letters of sup- agencies, local educational agencies, and ‘‘(B) the relevant results of the regional as- port or signed memoranda of understanding. schools the center assisted during the pre- sessments under section 206(e). ‘‘(3) NON-FEDERAL SUPPORT.—In conducting vious year. ‘‘(4) REQUIRED CONSIDERATION.—In deter- a competition for grants, contracts, or coop- ‘‘(3) Using the measurable performance in- mining whether to award a grant, contract, erative agreements under subsection (a), the dicators established under subsection (b)(3), or cooperative agreement under this section Secretary shall give priority to eligible ap- a description of how well the center is meet- to an eligible applicant that previously es- plicants that will provide a portion of non- ing educational needs of the region served by tablished a comprehensive center under this Federal funds to maximize support for ac- the center. section, the Secretary shall consider the re- tivities of the comprehensive centers to be ‘‘(4) Any changes to the center’s plan under sults of such center’s summative evaluation established under this section.’’; subsection (c)(2) to improve its activities in under section 204(b). (4) in subsection (d), by inserting ‘‘the the remaining years of the grant, contract, ‘‘(5) CONTINUATION OF AWARDS.— number of low-performing schools in the re- or cooperative agreement.’’. ‘‘(A) CONTINUATION OF AWARDS.—The Sec- gion,’’ after ‘‘economically disadvantaged SEC. 204. EVALUATIONS. retary shall continue awards made to each students,’’; Section 204 (20 U.S.C. 9603) is amended to eligible applicant for the support of com- (5) by striking subsection (e) and redesig- read as follows: prehensive centers established under this nating subsections (f), (g), and (h) as sub- ‘‘SEC. 204. EVALUATIONS. section prior to the date of enactment of the sections (e), (f), and (g), respectively; ‘‘(a) IN GENERAL.—The Secretary shall— Strengthening Education through Research (6) in subsection (e), as so redesignated— ‘‘(1) provide for ongoing summative and in- Act, as such awards were in effect on the day (A) in paragraph (1)— terim evaluations described in subsections before the date of enactment of the (i) by striking ‘‘support dissemination and (b) and (c), respectively, of each of the com- Strengthening Education through Research technical assistance activities by’’ and in- prehensive centers established under this Act, for the duration of those awards, in ac- serting ‘‘support State educational agencies title in carrying out the full range of duties cordance with the terms and agreements of and local educational agencies, including of the center under this title; and such awards. by’’; ‘‘(2) transmit the results of such evalua- ‘‘(B) RECOMPETITION.—Not later than the (ii) in subparagraph (A)(i), by inserting tions, through appropriate means, to the ap- end of the period of the awards described in ‘‘and other Federal education laws’’ before propriate congressional committees, the Di- subparagraph (A), the Secretary shall— the semicolon; rector of the Institute of Education Sciences, ‘‘(i) hold a competition to make grants, (iii) in subparagraph (A)(ii)— and the public. contracts, or cooperative agreements under (I) in the matter preceding subclause (I), ‘‘(b) SUMMATIVE EVALUATION.—The Sec- this section to eligible applicants, which by striking ‘‘and assessment tools’’ and in- retary shall ensure each comprehensive cen- may include eligible applicants that held serting ‘‘, assessment tools, and other edu- ter established under this title is evaluated awards described in subparagraph (A); and cational strategies’’; by an independent entity at the end of the ‘‘(ii) in determining whether to select an (II) in subclause (I), by striking ‘‘mathe- period of the grant, contract, or cooperative eligible applicant that held an award de- matics, science,’’ and inserting ‘‘mathe- agreement that established such center, scribed in subparagraph (A) for an award matics and science, which may include com- which shall— under clause (i) of this subparagraph, con- puter science or engineering,’’; and ‘‘(1) be completed in a timely fashion; sider the results of the summative evalua- (III) in subclause (III), by inserting ‘‘, in- ‘‘(2) assess how well the center is meeting tion under section 204(b) of the center estab- cluding innovative tools and methods’’ be- the measurable performance indicators es- lished with the eligible applicant’s award de- fore the semicolon; tablished under section 203(b)(3); and scribed in subparagraph (A). (iv) by striking subparagraph (A)(iii) and ‘‘(3) consider the extent to which the cen- ‘‘(6) ELIGIBLE APPLICANT DEFINED.—For inserting the following: ter ensures that the technical assistance of purposes of this section, the term ‘eligible ‘‘(iii) the replication and adaptation of ex- such center is relevant and useful to the applicant’ means an entity described in para- emplary practices and innovative methods work of State and local practitioners and graph (1).’’; that have an evidence base of effectiveness; policymakers. (3) by amending subsection (c) to read as and’’; ‘‘(c) INTERIM EVALUATION.—The Secretary follows: (v) in subparagraph (B)— shall ensure that each comprehensive center ‘‘(c) APPLICATIONS.— (I) by inserting ‘‘, consistent with section established under this title is evaluated at ‘‘(1) SUBMISSION.— 114(j),’’ after ‘‘disseminating’’; and the midpoint of the period of the grant, con- ‘‘(A) IN GENERAL.—Each eligible applicant (II) by striking ‘‘(as described’’ and all that tract, or cooperative agreement that estab- seeking a grant, contract, or cooperative follows through ‘‘is located’’; and lished such center, which shall—

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — HOUSE H3997 ‘‘(1) assess how well such center is meeting ‘‘(D) Representatives of business. ‘‘(2) that address paragraphs (1) through (3) the measurable performance indicators es- ‘‘(E) Policymakers. of the performance management system de- tablished under section 203(b)(3); and ‘‘(F) Representatives from the regional scribed in section 185.’’; ‘‘(2) be used to improve the effectiveness of educational laboratory and comprehensive (4) in subsection (d), as so redesignated— such center in carrying out its plan under centers in the region. (A) in paragraph (1), by striking ‘‘, pro- section 203(c)(2).’’. ‘‘(3) RECOMMENDATIONS.—In choosing indi- motes linkages across States,’’; SEC. 205. EXISTING TECHNICAL ASSISTANCE viduals for membership on a regional advi- (B) in paragraph (2)— PROVIDERS. sory committee, the Secretary shall consult (i) in the matter preceding subparagraph (a) REPEAL.—Section 205 (20 U.S.C. 9604) is with, and solicit recommendations from, the (A), by inserting ‘‘supports school improve- repealed. chief executive officers of States, chief State ment and’’ after ‘‘data that’’; (b) CONFORMING AMENDMENT.—The table of school officers, local educational agencies, (ii) in subparagraph (A), by striking ‘‘and contents in section 1 of the Act of November and other education stakeholders within the other reporting requirements and close 5, 2002 (Public Law 107–279; 116 Stat. 1940) is applicable region. achievement gaps; and’’ and inserting ‘‘, amended by striking the item relating to ‘‘(4) SPECIAL RULE.—The total number of other reporting requirements, close achieve- section 205. members on each committee who are se- ment gaps, and improve teaching;’’; SEC. 206. REGIONAL ADVISORY COMMITTEES. lected under subparagraphs (B) and (C) of (iii) in subparagraph (B), by striking ‘‘and Section 206 (20 U.S.C. 9605) is amended— paragraph (1), in the aggregate, shall exceed close achievement gaps’’ and by inserting ‘‘, (1) in subsection (a)— the total number of members who are se- close achievement gaps, and improve teach- (A) by striking ‘‘Beginning in 2004, the’’ lected under paragraph (2), collectively.’’; ing’’; and and inserting ‘‘The’’; and (5) in subsection (e), as so redesignated— (iv) by inserting after subparagraph (B) the (B) by striking ‘‘of the Education Sciences (A) in paragraph (1)— following: Reform Act of 2002’’; (i) by inserting ‘‘, at least on a biennial ‘‘(C) to align statewide longitudinal data (2) by striking subsection (c) and redesig- basis,’’ after ‘‘assess’’; and systems from early education through post- nating subsections (b) and (d) as subsections (ii) by inserting ‘‘, strengths, and weak- secondary education (including pre-service (d) and (e), respectively; nesses’’ after ‘‘educational needs’’; preparation programs), and the workforce, (3) by inserting the following after sub- (B) in paragraph (2)— consistent with privacy protections under section (a): (i) by striking ‘‘State school officers,’’ and section 183;’’; and ‘‘(b) MISSION.—The mission of each re- all that follows through ‘‘within the region)’’ (C) by striking paragraph (3) and inserting gional advisory committee established under and inserting ‘‘State school officers, local the following: subsection (a) shall be to— educational agencies, representatives of pub- ‘‘(3) ensures the protection of student pri- ‘‘(1) support, strengthen, and, as appro- lic charter schools, educators, parents, and vacy, and includes a review of how State priate, align the work of the regional edu- others within the region’’; educational agencies, local educational agen- cational laboratories established under sec- (ii) by striking ‘‘of the Education Sciences cies, and others that will have access to the tion 174 and the comprehensive centers es- Reform Act of 2002 and section 203 of this statewide data systems under this section tablished under this title; and title’’ and inserting ‘‘and section 203’’; and will adhere to Federal privacy laws and pro- ‘‘(2) ensure that the regional educational (iii) by striking ‘‘and’’ at the end; tections, consistent with section 183, in the laboratories and comprehensive centers are (C) by redesignating paragraph (3) as para- building, maintenance, and use of such data meeting the needs of their regions. graph (4); systems; ‘‘(c) DUTIES.—Each advisory committee es- tablished under subsection (a) shall— (D) by inserting after paragraph (2) the fol- ‘‘(4) ensures State educational agencies re- ‘‘(1) conduct, on at least a biennial basis, a lowing new paragraph: ceiving a grant under this section support needs assessments of the region served by ‘‘(3) use available State and local data, professional development that builds the ca- the committee, as described in subsection consistent with privacy protections under pacity of teachers and school leaders to use (e); section 183, to determine regional edu- data effectively; and ‘‘(2) to ensure the activities of the regional cational needs; and’’. ‘‘(5) gives priority to State educational educational laboratory and comprehensive SEC. 207. PRIORITIES. agencies that leverage the use of longitu- centers serving the region of the committee Section 207 (20 U.S.C. 9606) is amended— dinal data systems to improve student are responsive to the needs of such region, (1) by inserting ‘‘Director and’’ before achievement and growth, including such provide ongoing input to the laboratory and ‘‘Secretary shall establish’’; State educational agencies that— centers on planning and carrying out their (2) by striking ‘‘of the Education Sciences ‘‘(A) meet the voluntary standards and activities under section 174 and this title, re- Reform Act of 2002’’; guidelines described in section 153(a)(5); spectively; (3) by striking ‘‘of this title’’; ‘‘(B) define the roles of State educational ‘‘(3) maintain a high standard of quality in (4) by striking ‘‘to address, taking onto ac- agencies, local educational agencies, and the performance of the activities of the lab- count’’ and inserting ‘‘, respectively, using others in providing timely access to data oratory and centers, respectively; and the results of’’; and under the statewide data systems, consistent ‘‘(4) support the continuous improvement (5) by striking ‘‘relevant regional’’ and all with privacy protections in section 183; and of the laboratory and centers in the region that follows through ‘‘Secretary deems ap- ‘‘(C) demonstrate the capacity to share served by the committee, especially in meet- propriate’’ and inserting ‘‘relevant regional teacher and school leader performance data, ing the measurable performance indicators and national surveys of educational needs’’. including student achievement and growth established under sections 174(e)(4) and SEC. 208. GRANT PROGRAM FOR STATEWIDE LON- data, with local educational agencies and 203(b)(3), respectively.’’; GITUDINAL DATA SYSTEMS. teacher and school leader preparation pro- (4) by amending subsection (d), as so redes- Section 208 (20 U.S.C. 9607) is amended— grams.’’; ignated, to read as follows: (1) in subsection (a)— (5) by inserting after subsection (e), as so ‘‘(d) MEMBERSHIP.— (A) by inserting before the period at the redesignated, the following: ‘‘(1) COMPOSITION.—The membership of end the following: ‘‘, the Higher Education ‘‘(f) RENEWAL OF AWARDS.—The Secretary each regional advisory committee shall— Act of 1965 (20 U.S.C. 1001 et seq.), and the In- may renew a grant awarded to a State edu- ‘‘(A) not exceed 25 members; dividuals with Disabilities Education Act (20 cational agency under this section for a pe- ‘‘(B) include the chief State school officer, U.S.C. 1400 et seq.)’’; and riod not to exceed 3 years, if the State edu- or such officer’s designee, or other State offi- (B) by adding at the end the following: cational agency has demonstrated progress cial, of States within the region of the com- ‘‘State educational agencies receiving a on the measurable performance indicators mittee who have primary responsibility grant under this section may provide sub- established under subsection (c).’’; and under State law for elementary and sec- grants to local educational agencies to im- (6) by amending subsection (g), as so redes- ondary education in the State; prove the capacity of local educational agen- ignated, to read as follows: ‘‘(C) include representatives of local edu- cies to carry out the activities authorized ‘‘(g) REPORTS.— cational agencies, including rural and urban under this section.’’; ‘‘(1) FIRST REPORT.—Not later than 1 year local educational agencies, that represent (2) by redesignating subsections (c), (d), after the date of enactment of the Strength- the geographic diversity of the region; and and (e) as subsections (d), (e), and (g), respec- ening Education through Research Act, the ‘‘(D) include researchers. tively; Secretary shall prepare and make publicly ‘‘(2) ELIGIBILITY.—The membership of each (3) by inserting after subsection (b), the available a report on the implementation regional advisory committee may include following: and effectiveness of the activities carried out the following: ‘‘(c) PERFORMANCE MANAGEMENT.—Before by State educational agencies receiving a ‘‘(A) Representatives of institutions of awarding a grant under this section, the Sec- grant under this section, including— higher education. retary shall establish measurable perform- ‘‘(A) information on progress in the devel- ‘‘(B) Parents. ance indicators— opment and use of statewide longitudinal ‘‘(C) Practicing educators, including class- ‘‘(1) to be used to assess the ongoing data systems described in this section; room teachers, school leaders, administra- progress and performance of State edu- ‘‘(B) information on best practices and tors, school board members, and other local cational agencies receiving a grant under areas for improvement in such development school officials. this section; and and use; and

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H3998 CONGRESSIONAL RECORD — HOUSE May 8, 2014 ‘‘(C) how the State educational agencies (B) in subparagraph (D), by inserting ents, and concerned members of the general are adhering to Federal privacy laws and ‘‘school leaders,’’ after ‘‘teachers,’’; public’’; and protections in the building, maintenance, (C) in subparagraph (E), by striking ‘‘de- (iii) in subparagraph (D), by inserting ‘‘As- and use of such data systems. sign’’ and inserting ‘‘provide input on’’; sessment’’ before ‘‘Board’’; and ‘‘(2) SUCCEEDING REPORTS.—Every suc- (D) by striking ‘‘and’’ at the end of sub- (6) in subsection (g)(2)— ceeding 3 years after the report is made pub- paragraph (I); (A) in the heading, by striking ‘‘AFFAIRS’’ licly available under paragraph (1), the Sec- (E) by redesignating subparagraph (J) as and inserting ‘‘EDUCATION’’; and retary shall prepare and make publicly subparagraph (K); (B) by striking ‘‘Affairs’’ and inserting available a report on the implementation (F) by inserting after subparagraph (I), the ‘‘Education’’. and effectiveness of the activities carried out following: SEC. 304. DEFINITIONS. by State educational agencies receiving a ‘‘(J) provide input to the Director on an- Section 304 (20 U.S.C. 9623) is amended— grant under this section, including— nual budget requests for the National Assess- (1) in paragraph (1), by striking ‘‘(1)’’ and ‘‘(A) information on the requirements of ment of Educational Progress; and’’; inserting ‘‘(1) DIRECTOR.—’’; subparagraphs (A) through (C) of paragraph (G) in subparagraph (K), as so redesig- (2) in paragraph (2), by striking ‘‘(2)’’ and (1); and nated— inserting ‘‘(2) STATE.—’’; and ‘‘(B) the progress, in the aggregate, State (i) by striking ‘‘plan and execute the ini- (3) by redesignating paragraphs (1) and (2) educational agencies are making on the tial public release of’’; and (as so amended) as paragraphs (2) and (5), re- measurable performance indicators estab- (ii) by inserting ‘‘release the initial’’ be- spectively; lished under subsection (c).’’. fore ‘‘National’’; and (4) by inserting before paragraph (2) (as so SEC. 209. AUTHORIZATION OF APPROPRIATIONS. (H) in the matter following subparagraph redesignated) the following new paragraph: Section 209 (20 U.S.C. 9608) is amended to (K), as so amended and redesignated, by ‘‘(1) IN GENERAL.—The terms ‘elementary read as follows: striking ‘‘subparagraph (J)’’ and inserting school’, ‘local educational agency’, and ‘sec- ‘‘SEC. 209. AUTHORIZATION OF APPROPRIATIONS. ‘‘subparagraph (K)’’. ondary school’ have the meanings given ‘‘There are authorized to be appropriated SEC. 303. NATIONAL ASSESSMENT OF EDU- those terms in section 9101 of the Elemen- to carry out this title— CATIONAL PROGRESS. tary and Secondary Education Act of 1965 (20 ‘‘(1) for fiscal year 2015, $82,984,000; Section 303 (20 U.S.C. 9622) is amended— U.S.C. 7801).’’; and ‘‘(2) for fiscal year 2016, $83,149,968; (1) in subsection (a), by striking ‘‘with the (5) by inserting after paragraph (2) (as so ‘‘(3) for fiscal year 2017, $84,979,268; advice of the Assessment Board established redesignated), the following new paragraphs: ‘‘(4) for fiscal year 2018, $87,018,769; under section 302’’ and inserting ‘‘in a man- ‘‘(3) SCHOOL LEADER.—The term ‘school ‘‘(5) for fiscal year 2019, $89,368,277; and ner consistent with accepted professional leader’ has the meaning given the term in ‘‘(6) for fiscal year 2020, $90,708,801.’’. standards and the policies set forth by the section 102. TITLE III—NATIONAL ASSESSMENT OF Assessment Board under section 302(a)’’; ‘‘(4) SECRETARY.—The term ‘Secretary’ EDUCATIONAL PROGRESS (2) in subsection (b)(2)— means the Secretary of Education.’’. SEC. 301. REFERENCES. (A) in subparagraph (D), by inserting ‘‘and SEC. 305. AUTHORIZATION OF APPROPRIATIONS. Except as otherwise expressly provided, consistent with section 302(e)(1)(A)’’ after Section 305(a) (20 U.S.C. 9624(a)) is amended whenever in this title an amendment or re- ‘‘resources allow’’; to read as follows: peal is expressed in terms of an amendment (B) by striking ‘‘and’’ at the end of sub- ‘‘(a) IN GENERAL.—There are authorized to to, or repeal of, a section or other provision, paragraph (G); be appropriated— the reference shall be considered to be made (C) by striking the period and inserting ‘‘; ‘‘(1) for fiscal year 2015— to a section or other provision of the Na- and’’ at the end of subparagraph (H); and ‘‘(A) $8,235,000 to carry out section 302 (re- tional Assessment of Educational Progress (D) by adding at the end the following new lating to the National Assessment Governing Authorization Act (20 U.S.C. 9621 et seq.). subparagraph: Board); and ‘‘(B) $132,000,000 to carry out section 303 SEC. 302. NATIONAL ASSESSMENT GOVERNING ‘‘(I) determine, after taking into account BOARD. section 302(e)(1)(I), the content of initial and (relating to the National Assessment of Edu- Section 302 (20 U.S.C. 9621) is amended— subsequent reports of all assessments au- cational Progress); (1) in subsection (a), by striking ‘‘shall for- thorized under this section and ensure that ‘‘(2) for fiscal year 2016— mulate policy guidelines’’ and inserting such reports are valid and reliable.’’; ‘‘(A) $8,251,470 to carry out section 302 (re- ‘‘shall oversee and set policies, in a manner (3) in subsection (c)(2)— lating to the National Assessment Governing consistent with subsection (e) and accepted (A) in subparagraph (B), by striking ‘‘of Board); and professional standards,’’; Education’’ after ‘‘Secretary’’; and ‘‘(B) $132,264,000 to carry out section 303 (2) in subsection (b)(1)(L)— (B) in subparagraph (D)— (relating to the National Assessment of Edu- (A) by striking ‘‘principals’’ and inserting (i) by striking ‘‘Chairman of the House’’ cational Progress); ‘‘leaders’’; and before ‘‘Committee on Education’’; ‘‘(3) for fiscal year 2017— (B) by striking ‘‘principal’’ both places it (ii) by inserting ‘‘of the House of Rep- ‘‘(A) $8,433,002 to carry out section 302 (re- appears and inserting ‘‘leader’’; resentatives’’ after ‘‘Workforce’’; lating to the National Assessment Governing (3) in subsection (c), by striking paragraph (iii) by striking ‘‘Chairman of the Senate’’ Board); and (4); before ‘‘Committee on Health’’; and ‘‘(B) $135,173,808 to carry out section 303 (4) in subsection (d)— (iv) by inserting ‘‘of the Senate’’ after (relating to the National Assessment of Edu- (A) in paragraph (1)— ‘‘Pensions’’; cational Progress); (i) in subparagraph (A), by inserting ‘‘the (4) in subsection (d)(1), by inserting before ‘‘(4) for fiscal year 2018— Assessment Board after consultation with’’ the period, the following: ‘‘, except as re- ‘‘(A) $8,635,395 to carry out section 302 (re- before ‘‘organizations’’; and quired under section 1112(b)(1)(F) of the Ele- lating to the National Assessment Governing (ii) in subparagraph (B)— mentary and Secondary Education Act of Board); and (I) by striking ‘‘Each organization submit- 1965 (20 U.S.C. 6312(b)(1)(F))’’; ‘‘(B) $138,417,979 to carry out section 303 ting nominations to the Secretary with’’ and (5) in subsection (e)— (relating to the National Assessment of Edu- inserting ‘‘With’’; and (A) in paragraph (1), by striking ‘‘or age’’; cational Progress); (II) by inserting ‘‘, the Assessment Board’’ and ‘‘(5) for fiscal year 2019— after ‘‘particular vacancy’’; and (B) in paragraph (2)— ‘‘(A) $8,868,550 to carry out section 302 (re- (B) in paragraph (2)— (i) in subparagraph (A)— lating to the National Assessment Governing (i) by striking ‘‘that each organization de- (I) by striking ‘‘shall’’ and all that follows Board); and scribed in paragraph (1)(A) submit additional through ‘‘be’’ and insert ‘‘shall be’’; ‘‘(B) $142,155,266 to carry out section 303 nominations’’ and inserting ‘‘additional (II) by redesignating subclauses (I) and (II) (relating to the National Assessment of Edu- nominations from the Assessment Board or as clauses (i) and (ii), respectively (and by cational Progress); and each organization described in paragraph moving the margins 2 ems to the left); and ‘‘(6) for fiscal year 2020— (1)(A)’’; and (III) in clause (ii) (as so redesignated), by ‘‘(A) $9,001,578 to carry out section 302 (re- (ii) by striking ‘‘such organization’’ and in- striking ‘‘, or the age of the students, as the lating to the National Assessment Governing serting ‘‘the Assessment Board’’; and case may be’’; Board); and (5) in subsection (e)(1)— (ii) in subparagraph (B)— ‘‘(B) $144,287,595 to carry out section 303 (A) in subparagraph (A)— (I) by striking ‘‘After the determinations (relating to the National Assessment of Edu- (i) by inserting ‘‘in consultation with the described in subparagraph (A), devising’’ and cational Progress).’’. Commissioner for Education Statistics,’’ be- inserting ‘‘The Assessment Board shall, in TITLE IV—EVALUATION PLAN fore ‘‘select’’; making the determination described in sub- SEC. 401. RESEARCH AND EVALUATION. (ii) by inserting ‘‘and grades or ages’’ be- paragraph (A), use’’; and (a) IN GENERAL.—The Institute of Edu- fore ‘‘to be’’; and (II) by inserting after ‘‘approach’’ the fol- cation Sciences shall be the primary entity (iii) by inserting ‘‘, and determine the year lowing: ‘‘, providing for the active participa- for conducting research on and evaluations in which such assessments will be con- tion of teachers, school leaders, curriculum of Federal education programs within the ducted’’ after ‘‘assessed’’; specialists, local school administrators, par- Department of Education to ensure the rigor

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — HOUSE H3999 and independence of such research and eval- Act, of evaluations carried out under para- crat in the Department of Education uation. graph (2)(B)(i). knows our kids better than their own (b) FLEXIBLE AUTHORITY.— (4) CONSOLIDATION.—The Secretary of Edu- teachers, parents, and the local tax- (1) RESERVATION.—Notwithstanding any cation, in consultation with the Director of other provision of law in the Elementary and payer. the Institute of Education Sciences— So while we continue to await Senate Secondary Education Act of 1965 (20 U.S.C. et (A) may consolidate the funds reserved seq. 6301 et seq.) related to evaluation, the under paragraph (1) for purposes of carrying action on the Student Success Act, we Secretary of Education, in consultation with out the activities under paragraph (2)(B); and have additional opportunities now to the Director of the Institute of Education (B) shall not be required to evaluate under act on commonsense proposals that Sciences— paragraph (2)(B)(i) each program authorized will make the Federal role in edu- (A) may, for purposes of carrying out the under the Elementary and Secondary Edu- cation more effective and efficient. The activities described in paragraph (2)(B)— cation Act of 1965 (20 U.S.C. 6301 et seq.) each research produced by the Institute (i) reserve not more than 0.5 percent of the year. sheds critical light on how taxpayer total amount of funds appropriated for each (c) EVALUATION PLAN.—The Director of the program authorized under the Elementary dollars are being used in our education Institute of Education Sciences, in consulta- system and can provide important in- and Secondary Education Act of 1965 (20 tion with the Secretary of Education, shall, U.S.C. 6301 et seq.), other than part A of title on a biennial basis, develop, submit to Con- formation on what is and is not work- I of such Act (20 U.S.C. 6311 et seq.) and sec- gress, and make publicly available an eval- ing in our schools. tion 1501 of such Act (20 U.S.C. 6491); and uation plan, that— Mr. Speaker, the Strengthening Edu- (ii) reserve, in the manner described in sub- (1) describes the specific activities that cation Through Research Act will im- paragraph (B), an amount equal to not more will be carried out under subsection (b)(2)(B) prove education research, protect tax- than 0.1 percent of the total amount of funds for the 2-year period applicable to the plan, payers by enhancing program account- appropriated for— and the timelines of such activities; ability, and help ensure more schools (I) part A of title I of the Elementary and (2) contains the results of the activities Secondary Education Act of 1965 (20 U.S.C. and students can benefit from effective carried out under subsection (b)(2)(B) for the education practices. 6311 et seq.); and most recent 2-year period; and (II) section 1501 of such Act (20 U.S.C. 6491); This law provides information that (3) describes how programs authorized helps States and school districts iden- and under the Elementary and Secondary Edu- (B) in reserving the amount described in cation Act of 1965 (20 U.S.C. 6301 et seq.) will tify successful education practices and subparagraph (A)(ii)— be regularly evaluated. allows taxpayers and congressional (i) shall reserve up to the total amount of (d) RULE OF CONSTRUCTION.—Nothing in leaders to monitor the Federal invest- funds appropriated for section 1501 of the El- this section shall be construed to affect sec- ment in education. However, the Edu- ementary and Secondary Education Act of tion 173(b) of the Education Sciences Reform 1965 (20 U.S.C. 6491); and cation Sciences Reform Act is overdue Act of 2002 (20 U.S.C. 9563(b)), as amended by (ii) may, in a case in which the total for reform, with several weaknesses in this Act. amount of funds appropriated for such sec- the law that must be addressed now. tion 1501 (20 U.S.C. 6491) is less than the The SPEAKER pro tempore. Pursu- For example, according to a report amount described in subparagraph (A)(ii), re- ant to the rule, the gentleman from In- by the Government Accountability Of- serve the amount of funds appropriated for diana (Mr. ROKITA) and the gentleman fice, the Institute does not always part A of title I of the Elementary and Sec- from California (Mr. GEORGE MILLER) properly evaluate the effectiveness of ondary Education Act of 1965 (20 U.S.C. 6311 each will control 20 minutes. its programs and research arms. So we et seq.) that is needed for the sum of the run into an issue where we could be total amount of funds appropriated for such The Chair recognizes the gentleman section 1501 (20 U.S.C. 6491) and such amount from Indiana. throwing good money after bad, and of funds appropriated for such part A of title GENERAL LEAVE that needs to stop. It could lead to un- I (20 U.S.C. 6311 et seq.) to equal the amount Mr. ROKITA. Mr. Speaker, I ask necessary costs and redundancies, described in subparagraph (A)(ii). unanimous consent that all Members something we must be particularly (2) AUTHORIZED ACTIVITIES.—If funds are re- may have 5 legislative days in which to wary of in these times of fiscal re- served under paragraph (1)— straint. Additionally, although the In- (A) neither the Secretary of Education nor revise and extend their remarks on H.R. 4366. stitute has dramatically improved the the Director of the Institute of Education quality of education research in recent Sciences shall— The SPEAKER pro tempore. Is there (i) carry out evaluations under section 1501 objection to the request of the gen- years, there is often a significant delay of the Elementary and Secondary Education tleman from Indiana? in disseminating key data and findings Act of 1965 (20 U.S.C. 6491); or There was no objection. to education leaders nationwide. What (ii) reserve funds for evaluation activities Mr. ROKITA. Mr. Speaker, I yield good does it do for us to pay to conduct under section 3111(c)(1)(C) of such Act (20 this research, to collect the data, but myself such time as I may consume. U.S.C. 6821); and fail to disseminate it so it can be used? I rise today in support of the (B) the Secretary of Education, in con- The Supporting Education Through sultation with the Director of the Institute Strengthening Education Through Re- Research Act will address these weak- of Education Sciences— search Act, legislation to improve the nesses and help school leaders access (i) shall use the funds reserved under para- quality and usefulness of education re- more timely, more relevant, and useful graph (1) to carry out high-quality evalua- search. tions (consistent with the requirements of information on the most effective edu- Mr. Speaker, more than a decade ago, cational practices. It is called trans- section 173(a) of the Education Sciences Re- Congress approved the Education form Act of 2002 (20 U.S.C. 9563(a)), as amend- parency, Mr. Speaker, and that is good ed by this Act, and the evaluation plan de- Sciences Reform Act, legislation that for the students, it is good for the scribed in subsection (c) of this section) of established the Institute of Education teachers, it is good for the parents, and programs authorized under the Elementary Sciences to gather information on edu- it is good for the taxpayers. It is good and Secondary Education Act of 1965 (20 cation progress, conduct research on for all of us. U.S.C. 6301 et seq.); and education practices in schools, and First, H.R. 4366 will enhance the rel- (ii) may use the funds reserved under para- evaluate the effectiveness of Federal evancy of education research, ensuring graph (1) to— education programs and initiatives. teachers, students, parents, and policy- (I) increase the usefulness of the evalua- Like many of my colleagues, I be- tions conducted under clause (i) to promote makers can access and actually use continuous improvement of programs under lieve the Federal Government’s role in more useful information about what is the Elementary and Secondary Education education needs to be significantly re- successful, what is working and what Act of 1965 (20 U.S.C. 6301 et seq.); or duced. And that is why we passed the isn’t. (II) assist grantees of such programs in col- Student Success Act last summer, Second, the legislation will take lecting and analyzing data and other activi- comprehensive education reform legis- steps to streamline the education re- ties related to conducting high-quality eval- lation that will actually shrink the search system and reduce overlap and uations under clause (i). Federal footprint in the classroom and duplicative research efforts. Now, this (3) DISSEMINATION.—The Secretary of Edu- return control to the parents, the cation or the Director of the Institute of bill will also require the Institute to Education Sciences shall disseminate eval- teachers, and community leaders who, regularly evaluate its research and re- uation findings, consistent with section in fact, know our children best. In fact, view the efficacy of Federal education 114(j) of the Education Sciences Reform Act I would challenge anyone here on the programs, ensuring taxpayer resources of 2002 (20 U.S.C. 9514(j)), as amended by this floor to say that any person or bureau- are being put to good use.

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H4000 CONGRESSIONAL RECORD — HOUSE May 8, 2014 Finally, H.R. 4366 will ensure that perfect example of what bipartisanship is the business we are about here this the Institute and the National Assess- and a commitment to good government evening. The Strengthening Education ment Governing Board, which admin- can yield, and I am proud to support Through Research Act reforms our isters the Nation’s Report Card, remain this legislation today. Federal research structure so that autonomous entities that are free from The bill improves, among other States, local school districts, parents, political influence and bias. Unfortu- things, the quality of education re- and policymakers have greater access nately, that political influence and search by enhancing the timeless and to data—data that is better organized, bias exists in our education system and relevancy of research, limiting duplica- more reliable, and more useful for our could exist in our research arms if we tion and overlap, improving account- local schools and communities. don’t, as Congress, make clear what is ability, and refocusing our commit- As a member of the House Education expected of them. ment to equity in education for our Subcommittee on Early Childhood, El- Not only does this legislation help most vulnerable student populations. ementary, and Secondary Education, I teachers, school leaders, and State and The bill also provides critical funding am proud to be a cosponsor of this bi- local governments, it also helps fami- to strengthen special education re- partisan reauthorization. lies. Families, particularly military search, which has been unfairly cut in I urge my colleagues to support pas- families, can change school districts recent years. sage of this bill, so that we can fulfill several times during their child’s edu- Moreover, the bill meets one of my the Federal Government’s commitment cation. Our experience with the free top priorities by reaffirming a Federal to provide States and localities with market tells us that informed con- commitment to States and localities to the latest and best available evidence- sumers are, in fact, the best consumers provide teachers, principals, and edu- based research in a timely fashion. and the best-protected consumers. cational leaders with the latest re- Mr. GEORGE MILLER of California. search products to improve educational Mr. Speaker, I yield myself such time b 1900 equity and effectiveness for students as I may consume. As consumers of education, families without bias. Mr. Speaker, I want to thank the deserve the best information possible Especially under difficult budgetary subcommittee chairman, Mr. ROKITA, in making decisions regarding their circumstances, this Congress has an for bringing this bill to the floor, and child’s education. obligation to explore opportunities to Congresswoman MCCARTHY, the So, Mr. Speaker, the Strengthening that will most effectively deliver re- ranking member on the subcommittee, Education Through Research Act will sults for our students and our tax- for all of their effort to make sure that improve education research, protect payers, and this bill does just that. this legislation was considered in this taxpayers by enhancing program ac- I strongly urge my colleagues to sup- session of Congress. countability, and help ensure more port H.R. 4366, as it represents another The Strengthening Education schools and students can benefit from strong step toward improving our Na- Through Research Act, SETRA, bol- effective education practices. tion’s educational landscape and pre- sters education research in a way that I urge my colleagues to support the paring our students with the necessary benefits both students and teachers. Strengthening Education Through Re- skills to compete in the global econ- Congress passed the Education search Act. omy. Sciences Reform Act, commonly Mr. ROKITA. Mr. Speaker, I yield 3 I reserve the balance of my time. known as ESRA, in 2002 to strengthen minutes to the gentleman from Penn- Mr. GEORGE MILLER of California. the quality and rigor of education re- sylvania (Mr. THOMPSON). search. Mr. Speaker, I yield 4 minutes to the Mr. THOMPSON of Pennsylvania. Twelve years later, we have a wealth gentlewoman from New York (Mrs. Mr. Speaker, I want to thank my col- of information that can be used to de- MCCARTHY), who is the lead author on league from Indiana for his leadership termine what is working for students, the Democratic side on this legislation. on this bill. I also want to thank my make corrections, and drive long-last- Mrs. MCCARTHY of New York. Mr. colleague from New York, Representa- ing improvements; but research is not Speaker, I want to thank Ranking tive MCCARTHY, for her leadership on effective if it stays locked in computer Member MILLER for allowing me to this bill. files or is only published in abstract speak in support of this important bi- One of the most important assets trade journals. Research must be rel- partisan legislation. that we have in education is our teach- evant, timely, and useful. It must be First, I want to take a moment and ers, but our teachers need proven tools. used to solve real problems faced by also thank my good friend, Mr. ROKITA, That is why we are here today. This students and teachers. for his great work and leadership on bill is about making sure that we are I am pleased that this legislation will behalf of our students and the edu- providing best practices, data-based address this challenge, making edu- cational system. It has been a pleasure tools, in terms of teaching methods. cation research more valuable. At the working with you, sir. The Strengthening Education same time, it will ensure that research I rise today in strong support of H.R. Through Research Act seeks to bolster remains accurate, rigorous, and sci- 4366, the Strengthening Education one of our most fundamental education entific. Through Research Act. Now, I firmly priorities—improving outcomes and I am also pleased SETRA increases believe that, in order to successfully raising student achievement. the Federal investment in education prepare our students for the workforce, In 2002, Congress passed the Edu- research. In particular, our teachers our Nation’s educators must be able to cation Sciences Reform Act, estab- need better actionable research on edu- identify and have access to successful lishing the Institute of Education cating students with disabilities. and proven techniques. Sciences, which is responsible for gath- To address that need, SETRA in- In 2002, I proudly supported the pas- ering data on educational best prac- cludes a large increase in the funding sage of the Education Sciences Reform tices in the Nation’s schools. The in- of special education research, helping Act which, among other things, en- tent of the law was to enable States to make up for the devastating cuts in sured that education research be con- and school districts to identify and im- 2011. ducted free of political bias and focus prove upon successful education prac- The historic Federal role in edu- on improving student achievement. tices. cation is protecting and promoting eq- Last year, the Government Account- Although IES has meaningfully im- uity. SETRA maintains that commit- ability Office released a report high- proved the quality of education re- ment in three key ways. This bill keeps lighting the successes of the law, but search over the last decade, it also a laserlike focus on closing the also detailed several areas that could faces shortcomings, one being the sig- achievement gap and ensuring that all be improved to better impact outcomes nificant delay in disseminating key students obtain a high-quality edu- for our students. data and findings to local education cation. Today, along with Mr. ROKITA, we stakeholders, especially in more rural The bill ensures that we collect data have built upon the success of that bill areas of the country. such as graduation rates and student through H.R. 4366. The Strengthening Despite the law’s successes, improve- achievement, but also vital informa- Education Through Research Act is a ments can and must be made, and that tion on school climate, student safety

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — HOUSE H4001 and discipline, and student access to through some of the harder ones. As a SUCCESS AND OPPORTUNITY great teachers. This bill helps States newer member and, frankly, a green THROUGH QUALITY CHARTER and school districts use data systems chairman, I would often rely on the SCHOOLS ACT to improve teaching and learning. honest comment and the kind smile of GENERAL LEAVE Mr. Speaker, I have often said that CAROLYN MCCARTHY and would simply Mr. KLINE. Mr. Speaker, I ask unan- we, in the Federal Government, must say that if more of us did that, perhaps, imous consent that all Members may get back to partnering with schools to Mr. Speaker, more work like the bill have 5 legislative days in which to re- improve students’ lives. I am proud to we are discussing right now would get vise and extend their remarks and in- say that this legislation takes a solid done in Congress. clude extraneous material on H.R. 10. step in that direction, providing re- One of the top priorities of this Con- The SPEAKER pro tempore (Mr. search that helps teachers and schools gress—certainly one of my top prior- ROKITA). Is there objection to the re- improve the student learning environ- ities is helping people to build better quest of the gentleman from Min- ment. lives for themselves and their families, nesota? I urge my colleagues on both sides of whether that is through more flexible There was no objection. the aisle to support this legislation. work schedules, stronger job training The SPEAKER pro tempore. Pursu- Again, I want to thank Mr. ROKITA for programs, or smarter student loan ant to House Resolution 576 and rule bringing this legislation to the floor. terms, advancing commonsense poli- XVIII, the Chair declares the House in Before I yield the floor, Mr. Speaker, cies that will make life work for more the Committee of the Whole House on I would like to take a moment of this Americans is our primary goal. the state of the Union for the consider- debate time that has been allocated to The Strengthening Education ation of the bill, H.R. 10. pay tribute and say thank you to Jer- through Research Act is part of this ef- The Chair appoints the gentleman emy Ayers of our staff, who will be fort. In classrooms nationwide, teach- from Utah (Mr. BISHOP) to preside over leaving the committee at the end of ers and school leaders need quality re- the Committee of the Whole. this month. search to identify the best ways to This is Jeremy sitting right here, in raise student achievement and b 1913 case anybody didn’t know who he was. progress. IN THE COMMITTEE OF THE WHOLE Bring the cameras in a little closer. By passing the Strengthening Edu- Accordingly, the House resolved Jeremy skillfully managed the nego- cation through Research Act today, we itself into the Committee of the Whole tiations on the bill before us today and can help these educators gain access to House on the state of the Union for the led the committee work on education the timely and useful information nec- consideration of the bill (H.R. 10) to technology, accountability in elemen- essary to raise student achievement amend the Charter School Program tary, and secondary education and levels across the board. under the Elementary and Secondary oversight in the administration’s waiv- In closing, Mr. Speaker, I would sim- Education Act of 1965, with Mr. BISHOP er policy, among other issues. ply say that I urge my colleagues to of Utah in the chair. Jeremy is a strong advocate of what vote ‘‘yes’’ on H.R. 4366. The Clerk read the title of the bill. is best in the interest of students and I yield back the balance of my time. The CHAIR. Pursuant to the rule, the has always maintained a focus on eq- Mr. HOLT. Mr. Speaker, Education policy bill is considered read the first time. uity and civil rights. His humor and suffers because policy maker were all once The gentleman from Minnesota (Mr. quick wit were always a welcomed ad- students themselves. As a result, they think KLINE) and the gentleman from Cali- dition to what sometimes can be hard they know what works and how students fornia (Mr. GEORGE MILLER) each will and tedious policy work. learn. The best antidote for self-serving, self- control 45 minutes. Jeremy has been a valued policy ad- centered policy makers is evidence. Evidence The Chair recognizes the gentleman viser and member of our education has a way of puncturing the statements and from Minnesota. team, and he will be missed by the paradigms of misguided, but well-meaning pol- Mr. KLINE. Mr. Chairman, I yield committee members on both sides of icy makers. The Strengthening Education myself such time as I may consume, the aisle and all of his colleagues. through Research Act (SETRA) would produce and rise today in strong support of the Thank you, Jeremy, for all of your rigorous, relevant, and useful evidence. Rig- Success and Opportunity through Qual- service to our committee and to our orous in that it mandates education research ity Charter Schools Act, legislation education establishment in this coun- uses good methodology and a peer review that will support the growth and ex- try. process. Relevant in that it speaks to today’s pansion of successful charter schools. I urge my colleagues to support this education issues that teachers and students Mr. Chairman, for many children and legislation. face in urban, suburban, and rural schools. their parents, charter schools are a I yield back the balance of my time. Useful in that teachers, principals, schools, beacon of hope for a better education Mr. ROKITA. Mr. Speaker, I yield and states can use the research to improve in- and a better life. The schools are ex- myself the balance of my time. struction and student achievement. traordinarily in demand. I would also like to recognize Jeremy Additionally, SETRA increases the emphasis Wait lists for charter schools have and thank him for his service and hope school districts and states should place on grown steadily in recent years, with that I wasn’t the subject of any of that longitudinal data systems as a way to improve more than 1 million students’ names on quick wit during the time I was chair- instruction. Efforts to create P–20 data sys- wait lists for the 2013–2014 school year. man. tems that link early learning with professional 1915 I also thank Congressman MILLER for outcomes will help gather the data necessary b the work he has done on this bill and to help teachers improve student learning and Charter schools have a proven track the bill yet to come tonight, as well as help states prioritize investments in impactful record of success, encouraging higher his general leadership on the com- initiatives. academic achievement in even the mittee. It is appreciated. From a newer I strongly support SETRA and urge my col- most troubled school districts. guy on the other side of the aisle, he is leagues to voice their support as well. I recently had the opportunity to someone who I respect and I am going The SPEAKER pro tempore (Mr. visit two impressive charter schools in to miss a lot. BISHOP of Utah). The question is on the my home State of Minnesota. At both I also want to thank Mrs. MCCARTHY motion offered by the gentleman from of the schools, without exception, stu- for her work and leadership on elemen- Indiana (Mr. ROKITA) that the House dents were engaged, excited, and eager tary and secondary education issues suspend the rules and pass the bill, to learn. I know firsthand this is not a generally and for her service on the H.R. 4366, as amended. trend unique to charter schools in Min- committee. I know she cares about The question was taken; and (two- nesota. In fact, each time I visit qual- these issues, particularly improving thirds being in the affirmative) the ity charter schools, whether here in education options for women. rules were suspended and the bill, as Washington, D.C., or in Prairie Lake, She has been a joy to work with as amended, was passed. Minnesota, or even Harlem, New York, ranking member on the subcommittee A motion to reconsider was laid on I have been amazed by the creative cur- through the easy issues and, frankly, the table. riculum, the outstanding educators,

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H4002 CONGRESSIONAL RECORD — HOUSE May 8, 2014 and the students’ incredible progress. My support of H.R. 10 is grounded in quality of the services for students who Clearly, these institutions are a valu- my commitment to our Nation’s public are traditionally underserved, includ- able part of a successful education sys- schools and my firm belief that every ing those with disabilities and English tem. child in every neighborhood deserves language learners. The results have However, the Federal Charter access to a high-quality public edu- pointed to the flaws in the charter im- Schools Program is in need of key re- cation. plementation that shortchanged dis- forms to enhance access and ensure This bipartisan legislation would advantaged students. continued educational quality. That is take us one step closer to making the Our Federal investment in charters why I partnered with my colleague, the promise of quality public schools for must help support and drive improve- senior Democrat on the House Edu- every child a reality. ments in the charter sector. For exam- cation and the Workforce Committee, In many ways, the innovations com- ple, in Denver, when the data showed a Mr. MILLER, to advance the success and ing out of the charter school sector are discrepancy in the charter school serv- opportunity through the Quality Char- helping to disprove some of the false ices for students with complex disabil- ter Schools Act. This bipartisan legis- assumptions about kids who happen to ities as compared to noncharters, the lation will encourage more States and be from the wrong ZIP Code. Charter district leaders said, ‘‘We can do bet- families to embrace charter schools, schools continue to prove that all chil- ter.’’ Instead of pointing fingers and while also including several provisions dren, from any background, can suc- placing blame, the district leaders and to urge these schools to reach out to ceed. H.R. 10 seeks to build on that suc- charter leaders collaborated on bring- special populations, including at-risk cess. It will expand opportunities for ing needed programs and support to students, children with disabilities, all children to benefit from charter students with complex disabilities to and English learners. school innovations. all Denver public schools, including the The bill will streamline the Federal Along with Chairman KLINE, I au- charter schools. Charter Schools Program, while ensur- thored similar legislation last Con- Federal dollars that support charter ing these institutions remain account- gress. That legislation served as the schools must incentivize this type of able to families and taxpayers. The bill basis for this bill which we are consid- collaboration on behalf of our most also expands the allowable use of Fed- ering today and passed out of this vulnerable students. The improvements eral resources to support not just new Chamber with more than 360 votes. in the Charter Schools Program that charter schools, as under current law, I am pleased once again to collabo- are embodied in H.R. 10 would do just but also replication and expansion of rate with Chairman KLINE on this reau- that. That is why groups such as Na- successful charter schools. thorization of the Charter Schools Pro- tional Council of Learning Disabilities Additionally, H.R. 10 will direct char- gram. By working together, we have and the Consortium of Citizens with ter schools to share best practices with been able to produce a truly bipartisan Disabilities enthusiastically support traditional public schools, helping to bill that will bring much-needed im- this bill. No public school, charter or ensure school leaders are working to- provements to the only Federal pro- otherwise, gets a pass when it comes to gether to implement successful edu- gram that supports the startup of pub- serving all kids. cation practices throughout the com- lic charter schools. H.R. 10 would also ensure that our This existing Federal program pro- munity. Federal investment in public charter vides startup funding for public charter Mr. Chairman, as we work to help schools supports only high-quality schools from States where the public more students access a quality edu- charters that are serving all students charter schools are permitted that win cation, we must support charter and have demonstrated that they are a competitive grant. schools as a valuable alternative to accountable to parents and commu- While the Charter Schools Program failing public schools and work to- nities. gether to encourage their growth. This is in a small, competitive funding stream that reaches a limited number H.R. 10 includes unprecedented qual- act is a commonsense proposal that ity controls and mechanisms to im- will improve educational opportunities of schools, the program can and should be used as a lever to ensure the quality prove charter authorizing activity and for students across the board and pro- oversight. It challenges States to sup- vide families with additional school within the charter school sector, drive collaboration between charter and non- port and transfer the best practices choice options. among all public schools in order to en- I am very pleased that members of charter public schools, improve State sure that the benefits of charter the Education and the Workforce Com- oversight of charter schools to make schools are reaching all students, not mittee have put their differences aside sure that every public school is equi- just a few. and worked through a very bipartisan tably serving the most disadvantaged This isn’t a debate about charter process to develop an exceptional piece students. schools. Charter schools are here and of legislation. I would like to thank H.R. 10 would refocus the Charter they aren’t going anywhere. This is members and staff for these efforts. Schools Program to achieve these goals I urge my colleagues on both sides of while recognizing and supporting the about increasing the quality, the eq- the aisle to join with us in supporting success of public charter schools. Much uity, and the transparency in the char- legislation that can have a hugely posi- of that success comes from the auton- ter sector. The sector is vibrant, and it tive effect on children nationwide. omy and flexibility that charter is now serving more than 2 million stu- I reserve the balance of my time. schools have in implementing innova- dents in 42 States and the District of Mr. GEORGE MILLER of California. tive curricula and instruction. The re- Columbia. I yield myself 5 minutes. search is clear: Access to great schools, A ‘‘yes’’ vote on H.R. 10 is a vote for Mr. Chairman, I rise in strong sup- fantastic instruction, and a safe learn- much-needed program improvements port of H.R. 10. ing environment matters. that will help ensure that the Federal I want to thank the chairman of the Thousands of public schools across dollars supporting public charter committee for all of his cooperation so the country, both charter and non- schools only flow to quality schools we could arrive at this legislation to charter, are great schools supported by and that those schools live up to the bring to the floor. I want to thank the millions of wonderful educators. Unfor- promise of the equitable education of staff on both sides of the aisle for all of tunately, some of our Nation’s public all students. the time that they spent negotiating schools, both charter and noncharter, I urge you to join me, Mr. Chairman, this legislation. I am delighted that we fall short. in supporting this bill. are here tonight to consider it. I have been working on this issue for I reserve the balance of my time. The Success and Opportunity a long time. For me, it isn’t about the Mr. KLINE. Mr. Chairman, I yield 3 Through Quality Charter Schools Act, quantity of charter schools; it is about minutes to the gentleman from Indiana I urge my colleagues to support this the quality of all public schools. Over (Mr. ROKITA), the chairman of the Sub- legislation. I guess we will be voting the years, I have requested numerous committee on Early Childhood, Ele- tomorrow on it, to vote in support of GAO reports that examine activities of mentary, and Secondary Education, the legislation. public charter schools to look at the who has been doing yeoman’s work not

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — HOUSE H4003 only today in the furtherance of a bet- Act, and to H.R. 2218, the Empowering our very limited Federal investment ter education for our Nation’s children, Parents Through Quality Charter that we have, the limited resources we but every day. Schools Act, the latter of which passed have, is spent and invested in a way to Mr. ROKITA. Mr. Chairman, I thank the House by an overwhelmingly bipar- have the maximum possible outcome in the chairman and the ranking member tisan vote 365–44. ensuring that kids across the country as well. Both the chairman and the So for all these reasons, I simply have access to a quality public charter ranking member have a great bill here, urge my colleagues to support H.R. 10. school. and it deserves the support of this en- Mr. GEORGE MILLER of California. For instance, rather than just sup- tire body, in my humble opinion. Mr. Chair, I yield 5 minutes to the gen- porting the formation of entirely new As chairman of the colloquially tleman from Colorado (Mr. POLIS). charter schools that are innovative, called K–12 Subcommittee on Edu- There is no more enthusiastic and in- under this bill we now allow the funds cation, it has been my high honor to formed advocate of public charter to be used for expansion and replica- travel throughout Indiana, and really schools in this Congress than the gen- tion of successful models, models that across the country, to see our public tleman from Colorado. I thank him for we know work, schools that we know school system, our public charter all of the work that he put in on both work, schools that are transforming school system, and the entire frame- sides of the aisle, working with us to lives and restoring hope to families work of how our great American chil- make the improvements in this legisla- across our country if only they can ex- dren are educated. tion, and for his support of it. pand, if only we can have more to serve I have come to the conclusion early Mr. POLIS. Mr. Chairman and Mr. kids. on, and it is the same one that the Ranking Member, thank you for the We have also heard from our con- chairman and the ranking member kind words. stituents across the country com- have come to, that is, charter schools I want to thank Chairman KLINE and plaints that some charter schools per- empower parents to play a more active Ranking Member MILLER for their hard haps don’t serve enough special ed stu- role in their child’s education. It opens work. Particularly in a week where dents or enough English language doors for teachers to pioneer fresh this body has been divided over issues learners or enough free and reduced teaching methods. Charter schools en- like Benghazi and Lois Lerner, how lunch students. courage State and local innovation. It wonderful that we can come together b 1930 around our most underserved kids and helps students escape underperforming Under the old language of this au- schools. The charter school program fa- families to help extend the hope and thorization that we still have, charter cilitates the establishment of high opportunity of a quality charter school schools that receive these funds are ac- quality charter schools and it encour- to more families. tually prevented from remedying that. Most Members of this House have al- ages choice, innovation, and excellence They are not allowed to have anything in education. ready voted for the provisions of this other than a pure lottery with regard The current Charter Schools Pro- bill. Substantially, a nearly identical to determining their student composi- gram, however, does not support the bill was included in the Republican tion. funding for the replication and expan- ESEA reauthorization, H.R. 5. All but What we now allow with this bill is a sion of high-quality charter schools. 12 Republicans voted for that bill. Al- weighted lottery to give charter The ranking member said it himself most identical language was included schools, in concert with their author- that charter schools are here to stay. in the Democratic substitute for ESEA izing entity, the ability to make sure And we are not about to have a debate reauthorization as well. Only two that they can serve the most at-risk over whether or not they should exist. Democrats voted against that bill. The kids, pursuant to their mission; they They do. It is about the replication and vast majority, everybody in this body, can serve special-needs kids, commen- expansion of them because they work. except for 14 people in this session, this surate with the district averages; they This bill is a commonsense approach 113th Congress, have voted for the pro- can serve English language learners, to updating the Charter Schools Pro- visions of this bill. and make sure that they can fulfill gram by streamlining multiple charter Those bills, the Democrat substitute their mission, rather than have some of school programs, improving their qual- and ESEA reauthorization, have an those students squeezed out by those ity, and promoting the growth of the enormous gap between where they who are in a better position to exercise charter schools sector at the State were. Democrats and Republicans had a their school choice because they are level. The bill also consolidates mul- different vision for accountability, the better informed and better connected. tiple funding streams and grant pro- role of the Federal Government, so The underlying bill improves charter grams that support charter schools many issues within that. So why not school access and services for all stu- into the existing State grant program, take language that is nearly identical dents. It truly will help ensure that the eliminating a separate authorization in both of those bills with regard to re- limited Federal investment we have for charter school facilities funding. authorization of the Federal Charter makes the biggest single difference for By consolidating the funding streams Schools Program and combine it into a families across our country. into the existing State charter school standalone bill that can actually pass Mr. Chairman, public charter schools program, the bill removes authority this body and pass the Senate. are simply public schools with site- from the Secretary of Education to We have done enough of these one- based governance. Public charter pick winners and losers and control the party bills. I know when we were in the schools are free to innovate when it growth of the charter school sector. majority we did them as well, where comes to scheduling the learning day, This authority is placed largely in the the House acts, and we yell at the Sen- uniforms, staffing, curriculum, and yet hands of States, frankly, where it be- ate for not acting; they act, and they they are accountable for student out- longs in the first place. yell at us for not acting. Here is a bill, comes, and this bill adds additional The bill updates the Charter Schools Mr. Chairman, that, with a strong vote layers of accountability and trans- Program to reflect the success and on the floor of the House, can send a parency to ensure that this Federal in- growth of the charter school move- message to the Senate that while per- vestment has the maximum possible ef- ment. States are authorized to use haps we cannot agree on the entirety of fect. funds under the program to support the ESEA reauthorization, yes, we can I am proud that before I served in replication and expansion of high-qual- agree on upgrading the Federal Charter this body, Mr. Chairman, I founded two ity charter schools in addition to sup- Schools Program first conceived in 1994 public charter schools—New America porting new innovative charter school to the 2.0 version. School in Colorado, and now New Mex- models. What does that mean, Mr. Chairman? ico, and the Academy of Urban Learn- Finally, Mr. Chair, I would say that What do these improvements in this ing in Denver. New American School this is not a new issue, in fact, this is bill mean? They are commonsense im- works with 16- to 21-year-old new im- not a new bill for us. This bill is very provements. They are neither Repub- migrants to help them learn the similar to charter school provisions in- lican nor Democratic. They simply English language and even how to ac- cluded in H.R. 5, the Students Success make the bill better to make sure that cess a college education.

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H4004 CONGRESSIONAL RECORD — HOUSE May 8, 2014 Mr. Chairman, absent a Federal char- alone bill, we have the ability to send cently, I toured the Inspire Academy of ter school program I don’t think I even a message to the Senate and a bill to Muncie in my district, one of 74 charter could have started that charter school. President Obama’s desk. schools in Indiana serving more than Hundreds and thousands of charter Mr. KLINE. Mr. Chairman, I must 28,000 Hoosier students. I was im- schools that have benefited from this say I so appreciate the depth of knowl- pressed with what I saw: a diverse program across the country will tell edge and the enthusiasm and the pas- group of students actively engaged in you the same story. sion of the gentleman from Colorado. learning, teachers pioneering fresh The CHAIR. The time of the gen- Always a pleasure. teaching methods, and parents heavily tleman has expired. Another great pleasure for me is to involved in their child’s education. Mr. GEORGE MILLER of California. yield 4 minutes to the gentleman from In the Declaration of Independence, I yield 2 minutes to the gentleman Indiana (Mr. MESSER), another gen- our Founding Fathers wrote that all from Colorado. tleman from Indiana who was traveling men are endowed by their creator with Mr. POLIS. Before the State or dis- with me in my home State visiting certain unalienable rights. Chief trict money for a public charter school charter schools only a few weeks ago. among those rights is the right to pur- begins, before the doors open, there are Mr. MESSER. Mr. Chairman, I rise in sue happiness. In modern America, expenses. Principals and teachers have support of H.R. 10, the Success and Op- that pursuit begins with a high-quality to be hired, classrooms have to be con- portunity Through Quality Charter education. We cannot rest until every figured and outfitted. That is what this Schools Act. child in America has that chance. money allows. Coupled with strong I want to commend Chairman KLINE I urge my colleagues to support this support from the nonprofit sector and and Ranking Member MILLER for com- bipartisan legislation. from foundations, we have helped give ing together on this important bipar- Mr. GEORGE MILLER of California. with this program life to the ideas that tisan legislation. Mr. Chairman, I yield 3 minutes to the have existed in the minds of social en- I also want to thank my good friend gentlewoman from California (Ms. LO- trepreneurs and that have been trans- from Indiana, TODD ROKITA, who chairs RETTA SANCHEZ). formative in the lives of kids and fami- the Subcommittee on Elementary and Ms. LORETTA SANCHEZ of Cali- lies. Secondary Education, for his work on fornia. Mr. Chairman, I rise today in However, Mr. Chairman, not all pub- this bill, and thank the good Member support of H.R. 10, the Success and Op- lic charter schools are high quality, POLIS for his comments as well, and ap- portunity Through Quality Charter just as all district schools are not high preciate the opportunity to work with Schools Act, demonstrating that Con- quality. That is why H.R. 10 adds him. gress can actually work together to get strong protections to ensure that pub- Every child deserves the opportunity something done. lic charter schools are accountable to learn. But too many families in I want to thank Chairman KLINE and that they serve low-income kids and America today live in neighborhoods my good friend from California, Rank- English language learners and at-risk with struggling schools where their ing Member GEORGE MILLER, for bring- kids. children don’t have access to a high- ing this forward. I am still waiting for We invest in quality authorizing quality education. That is why edu- you guys to bring the ESEA to the practices. What does that mean? Well, cation choice matters. floor, but I am really thrilled that we there are two possible thoughts in au- Lots of kids live in communities with are making some critical improve- thorizing. An authorizing entity like a great schools, but too many don’t. Pa- ments to the public charter school sys- district can hand out charters. Too rental choice is the ultimate local con- tem. easy? Hand out them out like candy to trol. It allows parents to choose the Charter schools were never meant to every Tom, Dick, and Harry that best educational environment for their replace our traditional public school comes in, including low quality pro- child, regardless of income, geographic system, but I have to tell you that they viders who have no sense of how to put location, or lot in life. The freedom have grown over the last 20 years and I together a school budget. Or they can provided by school choice levels the see several of them in my area, just lack quality by never handing one out playing field and helps ensure all chil- down the street really, making a dif- to anybody because they view them as dren have a chance to achieve success ference in my community—the Orange competition with the district. in life. As the founder and chairman of County High School of the Arts, for ex- But a quality authorizing practice is the Congressional School Choice Cau- ample, and an elementary school called if you have a great idea and evidence cus, I am a proponent of all forms of El Sol—all doing great work just under that it will work, sound budgetary pol- educational choice, including magnet a mile away from me. icy, and a team that will make a public schools, online schools, private schools, It is really great for us to take a look school work for kids, you should be home schooling, and traditional public at the Federal law and say: How can we able to receive that charter and oper- schools. make this even better? Because even ate that school. We raised the bar on Charter schools certainly play an in- though we have great schools, like the authorizing practices, something on tegral role in expanding educational ones I just mentioned, there are also which the original authorization for freedom. I am very encouraged by this some charter schools that have failed this program was silent. bipartisan legislation which will up- or some charter schools that are actu- For those on my side of the aisle who date the charter school program to re- ally failing our kids, they are not real- are skeptical of public charter schools, flect the success and growth of success- ly getting the work done that we this bill brings stronger protections for ful charter models by supporting the thought they would do or that the peo- oversight, transparency, and account- replication, expansion, and opening of ple who envisioned them thought ability. This program, the Federal new, innovative, high-quality charter would be done. charter school program, will exist schools. While charter schools work towards under the old authorization or the new Encouraging the expansion of charter encouraging innovation in our public authorization. schools is important because they em- schools, we really need to take a look I implore my colleagues on my side power parents with another free public and see what these schools are doing. of the aisle to support the new and bet- school option and are a driving force in H.R. 10 is the first step in highlighting ter 2.0 version for all of the Democratic creating classroom innovation. the need for charter schools that im- priorities. Whether you like charter Over the past couple of months, I prove student outcomes while expand- schools or not, this program is simply have had the opportunity to visit sev- ing those schools that are currently better under this bill. This bill has got- eral charter schools that are preparing utilizing our best practices. ten better through every phase of the students for success. Just this last I am also pleased to see that the leg- process—better than the bill in last month, as the chairman mentioned, I islation requires greater charter au- Congress, better than the bill as part of was fortunate enough to join Chairman thorizer accountability and even more the ESEA reauthorization of the Re- KLINE on his trip to visit the Aspen pleased that we are finally addressing publican bill, better than the Demo- Academy and the Global Academy the under-enrollment of some of our cratic substitute. And now as a stand- charter schools in Minnesota. More re- most vulnerable students through the

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — HOUSE H4005 weighted lotteries provision. This is in- Public Charter Schools for providing Public charter schools are not the credibly important in the area where I exceptional education to its students, silver bullet alone. They are not going live, as I have a very urban area. and this recognition is well-deserved. to fix everything that is wrong and We hold our traditional public Parents and educators know best that needs to be improved about public schools accountable for the education what their students need. If a student education in the country. of our future leaders, and we expect can benefit most from a charter school, What they do offer are examples of charter schools to involve the commu- that student should be able to have hope and opportunity for the kids they nity in their efforts to improve the that access to that education. I encour- serve. Too many families, Mr. Chair- charter school system. That is why I age my colleagues to join me in efforts man—almost a million families across am happy to have worked with both to provide students full access to char- the country—are languishing on the the majority and the minority on an ter schools and the innovative way waiting lists for public charter schools; amendment that I will have tomorrow they prepare our students for success- and they are forced to attend worse which will hold public charter schools ful futures. schools because the capacity doesn’t accountable in fostering and promoting b 1945 exist to serve them. community involvement. We all know This bill will allow quality public Mr. GEORGE MILLER of California. charter schools to expand, to replicate, that when people are involved, when Mr. Chairman, I yield 3 minutes to the they are involved in their school, when and to serve more children, in order to gentleman from Colorado (Mr. POLIS). parents are involved, we see a mass dif- Mr. POLIS. Mr. Chairman, I want to help reduce that number. It will make ference in the students who come out discuss today some of the priorities sure that other generations of Ameri- of those schools. that Democrats have, which are impor- cans—particularly Americans in pov- Charter schools must be engaged tant to Members of my party, which erty—are not consigned to lives of reli- with a local community to understand are included in this bill. ance on government programs or on an the students they teach, and my I hope that those on my side of the inability to attend college, but to, in- amendment will strengthen that role. aisle who are listening tonight—or the stead, have every opportunity that this The CHAIR. The time of the gentle- capable Education LAs who are listen- country can provide because they have woman has expired. ing tonight, who will hopefully advise had a good education. Mr. GEORGE MILLER of California. their bosses to vote ‘‘yes’’ tomorrow— In the 21st century, Mr. Chairman, a I yield an additional minute to the gen- will listen to how so many of our good education is more important than tlewoman from California. Democratic priorities are in the bill. ever for one to be in the American mid- Ms. LORETTA SANCHEZ of Cali- First of all, this bill makes sure that dle class and to live the American fornia. While it is not the final solu- charter schools do not have entrance Dream. At the very time that it is be- tion, H.R. 10 positively contributes to requirements, that they don’t charge coming more important than ever, we the promise of a quality education for tuition, are not religious, and don’t need to redouble our efforts to ensure every child in every neighborhood. discriminate against students on any that every family has access to a high- Mr. KLINE. Mr. Chairman, I am basis. quality school. That is why I encourage pleased to yield 2 minutes to the gen- We also make sure that low-per- my colleagues to vote ‘‘yes’’ on this tleman from Texas (Mr. HALL). forming or financially irresponsible bill. Mr. HALL. Mr. Chairman, I thank charter schools are closed and that the Mr. KLINE. Mr. Chairman, I yield 3 the chairman for the time. authorizer intercedes. We also have minutes to the gentleman from Lou- Mr. Chairman, as we celebrate Na- language in here that gives public isiana (Mr. SCALISE), a man who comes tional Teachers Week, I do rise in sup- charter schools additional tools to from a State that has learned a great port of charter schools and the remark- make sure that they recruit and serve deal about the value of charter schools able job they do in advancing high- students with disabilities. in these few years. quality education through innovative We also improve performance over- Mr. SCALISE. I want to thank Chair- approaches in our classrooms across sight and the management for public man KLINE and Ranking Member MIL- the country. With an increasingly com- charter schools, new provisions about LER for bringing this legislation to the petitive workforce, quality education transparency, and evaluation practices. floor, as it is so important when you is more important than ever, and char- We make sure that each public charter talk about the things that we need to ter schools play a valuable role in the school considers input from parents do to help give our children better op- education field. and community members with regard portunities. Charter schools provide parents and to the operation of the school. Mr. Chairman, the charter school students a choice for what best meets The public charter schools abide by movement has literally transformed the child’s needs, classrooms that offer civil rights laws, in that they can’t the public education system in New Or- more personalized education, and ac- charge tuition. We make sure that pub- leans. If you look at what was hap- countability if the school’s achieve- lic charter schools have the same audit pening in the city of New Orleans be- ment goals and metrics are not met. requirements as traditional public fore Hurricane Katrina, it was the When I was home over Easter, I had schools, in order to prevent fiscal mis- most failed and corrupt public school the opportunity to visit the Phoenix management and fraud. system in the country. Charter School located in Greenville, These are some of the reasons, Mr. After Hurricane Katrina—I was in Texas. Built in 1986, Phoenix Charter Chairman, that I encourage my col- the legislature at the time—many of School serves over 600 students by pro- leagues on my side of the aisle to up- my colleagues came together, and we viding a creative educational experi- grade this authorization—to upgrade passed a charter system that empow- ence, one that integrates fine arts into from the version passed in 1994—to a ered communities to get involved in a strong traditional curriculum. new and better version that incor- the education of their children. During my visit, I talked with stu- porates almost two decades of learning What we saw was revolutionary. dents who were excited to share their about what works and doesn’t work What we saw were parents finally hav- experiences at the school. They told me within the public charter school move- ing options and choices to send their they were happy to receive a hands-on ment. kids to schools that were competing for education in a place that makes them Those on my side of the aisle support those children, schools that were actu- feel at home. More importantly, they good public schools, whether they are ally providing better opportunities. are thankful to attend a school that district schools, whether they are Before Hurricane Katrina, 75 percent meets their individual living needs. I neighborhood schools, whether they of the students in New Orleans’ public walked around the campus and was are public magnet schools, whether schools were attending failing schools, able to see teachers interact with stu- they are public charter schools, wheth- schools that were giving them no op- dents, and you could see the students er they are schools of choice operated portunity and no hope for their future. were fully engaged in the classroom. by the district. We want to make sure What has happened since with this Phoenix Charter School has been rec- that every family has access to a good, revolution of the charter school move- ognized by the National Alliance for high-quality public education. ment in New Orleans? What we have

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There are too many students across port of H.R. 10, the Success and Oppor- As I said before, before Katrina, 75 the country who are trapped in failing tunity through Quality Charter percent of the students in the public schools, with little hope of ever escap- Schools Act, and I am going to sound schools in New Orleans were attending ing. Parents want the best for their like a recording because you are going failing schools. Today, fewer than 15 children, but many parents are often to hear a lot of the same themes in percent of those students are attending left with only two options: either an this. schools with either a D or an F rating expensive private school or a failing Today, there are an estimated 1 mil- because, now, there is competition. public school. Thankfully, many more lion students on waiting lists to attend Parents have multiple options of families now have this third option of a where to send their kids, and those public charter schools. These students high-quality charter school. and their families believe that their schools are competing for the students. Recently, I had the chance to visit I visited Hynes Elementary School last educational needs are not being met by Beacon Preparatory School in Bloom- their current schools. week in my district, in the Lakeview ington, Minnesota, which is in my dis- part of New Orleans. It is a charter While many of our public schools are trict. While there, I saw students who doing a great job, too many others are school that is incredibly successful. were thriving in their classes. I saw You see such enthusiasm from these failing our children. These kids deserve dedicated teachers. I saw challenging young kids. They have an over 450-per- the opportunity to receive a top-notch academics. son waiting list to go to this charter education, and they cannot wait as we Charter schools are not tied down by work to improve these underper- school. It really is working, the fact a lot of bureaucratic red tape or by that you have invoked this competi- forming schools. They don’t have the outdated traditions. In fact, charter time. tion. schools are creating very new and inno- I want to applaud Majority Leader Public charter schools provide stu- vative ways of learning that can help CANTOR. Majority Leader CANTOR actu- dents with the opportunity to escape grab students’ attention and make ally came down and toured a number of underperforming schools, while also them more excited to learn. the charter schools in New Orleans. giving parents more control over their Mr. Chairman, in too many States, Of course, New Orleans is not the children’s education. To ensure more that debate has sometimes been public only place, but it is probably the place access to these innovative institutions, schools versus charter schools, but it in which you have such a dramatic the Success and Opportunity through does not have to be that way. Public change—again, a revolution—that has Quality Charter Schools Act supports schools and charter schools can coexist literally served as the model for how the replication or expansion of existing to make the system better. you can transform failed public edu- high-quality charter schools. As Chairman KLINE noted, in our cation systems that were denying stu- H.R. 10 streamlines and modernizes home State of Minnesota, we were the dents the opportunity to have a future, our charter schools program, providing pioneers for the charter school move- to achieve that American Dream. our Nation’s public charter schools ment 22 years ago. It is an example of When we talk about opportunities for with the flexibility needed to encour- how this system can absolutely work, children, this is not a Republican idea age innovation at the State and local and we have a rich tradition of pro- or a Democrat idea. This is our ability levels. to pass on the franchise of the Amer- viding a world-class education to our students in both public schools and H.R. 10 supports the sharing of best ican Dream to our children. practices between charter and tradi- Charter schools have helped expand charter schools. Charter schools are continuing to tional public schools. In this way, all that opportunity, and that is why it is public school students, not just charter so important that we pass H.R. 10, so as grow. In 2007, there were nearly 1.3 mil- lion students enrolled in charter school students, benefit from the inno- to help replicate those successful pro- vation at these institutions. grams and to help highlight what is schools around the country. As we de- bate this legislation today, there are I am proud of the educators and stu- working with the charter school move- dents in my home State of Tennessee ment. 6,500 charter schools that are now en- rolling 2.5 million students across the and of their accomplishments in im- You can look to New Orleans and see proving education in our State. Since just how it has transformed people’s country, but here is the thing: there are 1 million students on waiting lists 2003, Tennessee has increased its high lives for the better. This is something school graduation rate by 17 points to we need to do. It is great that this is a to enter into these charter schools. The legislation before us today fo- 87 percent. This is commendable, but it bipartisan effort. is not enough. We can and should do Again, I applaud Chairman KLINE for cuses on the expansion and replication more, and charter schools must be part bringing this bill to the floor. of high-quality charter schools. It con- Mr. GEORGE MILLER of California. centrates on charter school models of the discussion. Mr. Chairman, I continue to reserve that have had a proven record of suc- Since 2002, Tennessee has opened the balance of my time. cess in order to raise the bar for every- more than 45 charter schools, giving Mr. KLINE. Mr. Chairman, I am now one and to ensure that those who at- nearly 12,000 students the opportunity very pleased to yield 3 minutes to the tend charter schools will receive the to attend these innovative institutions. gentleman from Minnesota (Mr. PAUL- best education possible. Tennessee’s public charter schools SEN), my colleague from the State of Mr. Chairman, this is an opportunity serve 87 percent low-income and 96 per- Minnesota, which is where charter that we have today to show the Amer- cent minority students from economi- schools originated. ican people we are committed at the cally disadvantaged areas, providing Mr. PAULSEN. I would like to thank Federal level in helping to produce the school choice to the students who need both Chairman KLINE for his leader- best educational opportunities for all it the most. ship, along with Ranking Member MIL- students, so let’s vote to make sure Just like Tennessee, we, as a Nation, LER, and for their working together to that a child’s ZIP code does not deter- must fully embrace all of the tools bring this very important legislation mine the quality of his education. available, including charter schools, to to the floor today. Mr. GEORGE MILLER of California. ensure our students’ success. I also need to thank my colleague, Mr. Chairman, I continue to reserve Mr. Chairman, I spent 24 years in the Congressman POLIS, with whom I co- the balance of my time. public school system. I never attended chair the Charter Schools Caucus, for Mr. KLINE. Mr. Chairman, I am now a private school. The opportunity for his leadership and passion on education pleased to yield 3 minutes to the gen- students like me who are first genera- issues. tleman from Tennessee, Dr. ROE, the tion students—college students—to be

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That is true, again, at charter school authorizers in monitoring the rest of the committee for circling Bridges Academy in Beaufort, South successes of schools is appreciated and will around this extremely important piece Carolina, or KIPP Academy out toward help gain additional insight into children’s edu- of legislation because students in the Houston. cation. first or second or third grade cannot af- Finally, I would make this point. It Attrition data would help us better under- ford a failing school. They have to be is absolutely vital to innovation in stand the impact of charter schools on student allowed to go into a school where they education, because the old saying is, retention. It would also bring additional trans- can be successful. the definition of insanity is keep on parency regarding the drivers of attrition With that, Mr. Chairman, I strongly doing the same thing and expect a dif- issues such as discipline, counseling, drop- urge my colleagues to support H.R. 10. ferent result. outs, bullying, as well as the impact of learn- Mr. GEORGE MILLER of California. This idea of changing the educational ing disabilities like dyslexia on student reten- Mr. Chairman, I continue to reserve paradigm so that there are more tion. the balance of my time. choices for kids and parents out there Although the data reporting is not manda- Mr. KLINE. Mr. Chairman, I would is absolutely critical to competitive- tory, it is my hope that charter school districts now like to yield 3 minutes to the gen- ness in this country. and charter schools will take up the challenge of providing hard data to make the case for tleman from South Carolina (Mr. SAN- Look at the numbers. I pulled some their approaches to education. FORD). of them. We are behind Liechtenstein, I offered two amendments for consideration Mr. SANFORD. I thank the chair- Vietnam, and Iceland with regard to by the House Rules Committee that would man. mathematics in global scores. We are behind Poland, Luxembourg, and Esto- strengthen the legislative goals of H.R. 10. Mr. Chairman, I rise in support of The amendments were simple and were an nia with regard to reading scores in this bill. important addition to this strong bipartisan ef- I would just like to thank, indeed, global scores. We are behind Canada, we are behind fort from the Education and Workforce Com- the chairman and the members of the mittee to bring clarity and improve trans- the United Kingdom, we are behind committee for their great work on it. parency of charter schools in communities Slovenia, we are behind France. We are At the end of the day, it represents ex- around the nation. panded choice in education, and that behind a whole host of different places JACKSON LEE AMENDMENT NO. 1 whole notion of increasing and expand- in scores on the science front. And so if we are going to change The Jackson Lee amendment made in order ing the marketplace in education, I by the Rules Committee for debate of this bill think, is vital for a couple of different that, if we are going to be competitive in this global competition for jobs, cap- directs State Education Agencies that award reasons. federally funded grants to charter schools I think it is vital, one, because it is ital, and the way of life, it is vital that we have bills like this. under this bill to work with those schools so better for students. I think it is vital that they provide information on their websites because the local control of education For that reason, I applaud the work of the committee. regarding student recruitment, orientation ma- matters. Ultimately, I think it is vital terials, enrollment criteria, student discipline from the standpoint of improving and Mr. GEORGE MILLER of California. Mr. Chair, I yield back the balance of policies, behavior codes, and parent contract increasing the level of innovation that requirements, which should include any finan- we see in the educational marketplace. my time. Mr. KLINE. Mr. Chairman, I just cial obligations such as fees for tutoring, and Let me expand on those thoughts just extra-circular activities. over a couple of minutes. want to say that it has been a pleasure to work on this legislation. We have This amendment will make it possible for One is that it is vital for students be- parents to learn more about how schools deal cause God makes every child different. heard compelling stories here today from around the country—compelling with important education issues such as aca- When I was working in politics in demic performance, enrichment programs, and stories of transformation of entire cit- South Carolina, we passed a rather quality of education life issues programs for ies and school systems, and lives being major charter school bill. children with learning disabilities like dyslexia changed through the charter school We now have over 60 charter schools are taught. in South Carolina—right at 60 charter system. And we have legislation here Many charter schools already provide this schools in South Carolina. What it did today and tomorrow which will make information, and the amendment would sup- was it tailor-made for students applica- that Federal charter school law better port this good transparency practice. This tions that fit who they were. and make the opportunities more Jackson Lee amendment is good for parents available and give more kids a chance b 2000 and for charter schools because parents for success and opportunity. would have access to information that helps So, in some cases, if they wanted to This should be an easy vote for Re- them make education decisions for their chil- work on leadership, they could do so. publicans and Democrats. I urge my dren; and charter schools would speak to a In some cases, if they wanted to work colleagues to lend their support to H.R. larger audience regarding their education pro- on mathematics or English or tech- 10, and I yield back the balance of my grams. time. nology or the arts, they had venues by JACKSON LEE AMENDMENT NO. 2 which to specialize in that which God Ms. JACKSON LEE. Mr. Chair, I rise to The second Jackson Lee amendment was a wired them to do. speak during House consideration of H.R. 10, ‘‘Sense of the Congress’’ on the promotion of, So, one, this idea of increased choices the ‘‘Success and Opportunity through Quality and support for anti-bullying programs in char- for the students that are out there, I Charter Schools Act.’’ ter schools, including those serving rural com- think it is vital. JACKSON LEE AMENDMENTS TO H.R. 10 munities. I regret that this amendment was not Two, I think it is absolutely vital to I have long supported the need for better made in order by the Rules Committee be- the larger notion of local control. data on the experiences of children that Con- cause the prevention of bullying is one of the People invest in things that they gress could use when deliberating on legisla- most challenging problems facing school offi- have a say in, that they have a voice tive measures intended to benefit our young- cials. in. What we saw in choice in South est citizens. Bullying is not a new behavior. Kids have Carolina and expanded choices on the Charter Schools are a new addition to edu- been exposed to bullying in school for genera- charter school front was that parents cation options available to parents and their tions. Now, however, bullying has taken on indeed got more deeply involved. children. It is important that Congress ensures new heights and sometimes victims of bullies I have not just seen that in South that the benefit of a good free pre-K–12 edu- suffer severe and lasting consequences. Carolina. I have seen it in different cation is available to all parents and children For victims of bullying, they go to school spots across the country, whether that of this nation. every day facing harassment, taunting, and

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The National Center for Educational Studies H.R. 10 will consolidate two existing federal For years her family funded college scholar- reports show that 14 percent of 12- to 18- charter school programs into one: ships for the children of her employees, but year-olds surveyed report being victims of di- The Charter School Program, which sup- every year applications for that scholarship rect or indirect bullying. 1 out of 4 kids is ports grants for charter school developers to were low. bullied. The Department of Justice reports that open new charter schools. The program also She found that when kids in Arvin, CA were 1 out of every 4 kids will be abused by an- provides funds to disseminate best practices old enough to go to college, most were not other youth. and provide state facilities aid to charter ready. Committed to the belief that every child I introduced H.R. 2585, the Juvenile Ac- schools. should have a bright future, she took action. countability Block Grant Reauthorization and The Charter School Credit Enhancement That is why, in 2011, Barbara took it upon the Bullying Prevention and Intervention Act of Program assists charter schools in accessing herself to offer children in the community the 2013. This bill amends the Omnibus Crime better credit terms to acquire and renovate fa- opportunity to achieve a successful. She Control and Safe Streets Act of 1968 by ex- cilities to operate a charter school. opened a charter school. panding the juvenile accountability block grant The rule will allow the consideration of the She had never run a school herself, so she program with respect to programs for the pre- bill that will create a new federal charter did what we are trying to promote today; she vention of bullying to include intervention pro- schools program to promote high-quality char- replicated a successful school, Rocketship grams. The bill’s objective is to reduce and ter schools at the state and local level; and al- Charter School in San Jose. prevent bullying and establish best practices lows states to use federal funds to start new After only 3 years, Grimmway Academy was for all activities that are likely to help reduce charter schools as well as expand and rep- a California Distinguished School whose stu- bullying among young people. licate existing high-quality charter schools. dents had the highest test scores in the dis- This year a million children will be teased, The bill adds a new component—a Charter trict. Grimmway Academy is proof that new taunted, and physically assaulted by their Management Organization grant program to ideas and innovation works to help our chil- peers. Bullying the most common form of vio- support the opening of additional charter dren. lence faced by our nation’s youth. schools nationwide. Sadly, the lack of educational opportunity The frequency and intensity of bullying that H.R. 10 establishes a new Charter School exists in too many towns. We have an obliga- young people face are astounding: 1 in 7 Stu- Program that would consist of three parts: tion to expand educational opportunities and Grants to support high-quality charter dents in Grades K–12 is either a bully or a vic- school choice so that every child has the tim of bullying; 90% of 4th to 8th Grade Stu- schools will be awarded to a State Educational chance to attend a successful school. dents report being victims of bullying of some Agency, the State Charter School Board, the I applaud my colleagues JOHN KLINE and type; 56% of students have personally wit- Governor, or a Charter School Support Orga- GEORGE MILLER for coming together and spon- nessed some type of bullying at school; 71% nization. soring this legislation. of students report incidents of bullying as a Facilities Aid will be awarded to continue Education transcends political boundaries, problem at their school; 15% of all students credit enhancement activities and support and this House will continue to work toward who don’t show up for school report it to being state facilities aid for charter schools. solutions to ensure the next generation, no out of fear of being bullied while at school; 1 National Activities will allow the secretary of matter their circumstance, is afforded every out of 20 students has seen a student with a education to operate a grant competition for opportunity for a better life. gun at school; 282,000 students are physically charter schools in states that did not win or Mr. HINOJOSA. Mr. Chair, I rise today in attacked in secondary schools each month. compete for a state grant and a competition Consequences of bullying: 15% of all school for high quality CMOs. strong support of H.R. 10, the ‘‘Success and absenteeism is directly related to fears of The legislation adds five new definitions: a Opportunity Through Quality Charter Schools being bullied at school; according to bullying ‘‘charter management organization, a charter Act.’’ statistics, 1 out of every 10 students who support organization’’, a ‘‘high-quality charter Mr. Speaker, I support this bill because it drops out of school does so because of re- school’’; the ‘‘expansion of a high-quality char- strengthens the Federal Charter School Pro- peated bullying; suicides linked to bullying are ter school’’; and a ‘‘replicable, high-quality gram (CSP) and promotes quality, account- the saddest statistic. charter school model.’’ ability and equity for public charter schools Statistics on Gun Violence: homicide is the H.R. 10 authorizes $300,000,000 for fiscal participating in the Federal Charter School 2nd leading cause of death for young people years 2015 through 2020. The bill permits Program. ages 15 to 24 years old; homicide is the lead- state-determined weighted lotteries and allows H.R. 10 requires public charter schools to ing cause of death for African Americans be- students to continue in the school program of be of ‘‘high quality’’ in order to receive Charter tween ages 10 and 24; thirteen young people their choice by clarifying students in affiliated School Program funds to open, replicate or from ages 10–24 become victims of homicide charter schools can attend the next immediate expand. Under this bill, ‘‘high quality’’ charter every day; 82.8% of those youths were killed grade in that network’s school. schools must show evidence of strong aca- with a firearm; every 30 minutes, a child or I strongly believe that where our children demic results for all students. teenager in America is injured by a gun; every are concerned, Congress is in a unique posi- H.R. 10 promotes quality in charter school 3 hours and 15 minutes, a child or teenager tion to advocate on their behalf in an effective authorizing. This bill requires state entities to loses their life to a firearm; in 2010, 82 chil- and forceful way. Letting children know by our have in place or be working toward a charter dren under 5 years of age lost their lives due actions that members of Congress consider school authorizing system that utilizes a proc- to guns; one of four high school males report- the lives of children and their experience to be ess for approval, monitoring, re-approval or edly carry a weapon to school, with 8.6% of of the utmost importance would help them in revocation of authority of public charter school reportedly carry a gun; 87% of youth said countless ways. authorizers in the state, based on performance shootings are motivated by a desire to ‘‘get We cannot gamble with our children’s fu- of the schools authorized by the agency. back at those who have hurt them, and 86% ture, and ultimately the future of our nation. I Mr. Speaker, the underlying bill prioritizes said, ‘‘other kids picking on them, making fun am committed to finding ways to make sure equity of access and services for disadvan- of them or bullying them’’ causes teenagers to that education is as valued as national de- taged students, including english learners and turn to lethal violence in the schools; in 2011, fense—because education is crucial to our na- students with disabilities. over 707,000 young people, aged 10 to 24 tion’s global success in all areas. H.R. 10, for example, allows grantees to uti- years, had to be rushed to the emergency Mr. MCCARTHY of California. Mr. Chair, lize weighted lotteries, when permitted by room as a result of physical assault injuries. education remains one of the greatest keys to state law, to preference admissions for educa- Victims of bullying often suffer in silence success in our society, yet there are children tionally disadvantaged students. and parents are the last ones to know that across the nation without access to a good Along the same lines, this legislation re- their child is being bullied or may be a bully. school. quires that state entities receiving a CSP grant What once was thought to be a childhood rit- There is no single cure. No child or commu- provide technical assistance to any charter ual has been proven by school psychologists, nity is the same. And often the educational so- schools receiving funds to ensure they fully law enforcement officials, parents, and stu- lutions in one community won’t fit those in an- understand federal requirements for serving dents to be much more serious. other. underserved student populations.

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00066 Fmt 4634 Sfmt 9920 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — HOUSE H4009 Finally, I am pleased that the underlying bill The motion was agreed to. many patients to suffer in silence, with requires that state entities receiving a Charter Accordingly, the Committee rose; minimal support, and worse, few effec- School Program grant describe how they will and the Speaker pro tempore (Mr. tive therapies. ensure that all charter schools receiving CSP MASSIE) having assumed the chair, Mr. But because of the work of pas- funds through its grant will meet the edu- BISHOP of Utah, Chair of the Com- sionate advocates and tireless cham- cational needs of students with disabilities and mittee of the Whole House on the state pions, the expertise of talented medical english language learners. of the Union, reported that that Com- professionals, including those at the In my view, these improvements to the Fed- mittee, having had under consideration American Society of Clinical Oncology, eral Charter School Program enhance quality, the bill (H.R. 10) to amend the charter today the survival rate is higher than accountability, and equity for charter schools school program under the Elementary two-thirds. participating in the federal CSP program and and Secondary Education Act of 1965, Better cancer prevention and detec- ensure that only states with strong oversight had come to no resolution thereon. tion, improved care coordination, and will receive CSP federal dollars. f the use of palliative care have proven In my congressional district, public charter to improve patients’ quality of life dra- schools like IDEA public schools are trans- CANCER RESEARCH matically and to increase survival forming lives. Under the extraordinary leader- The SPEAKER pro tempore. Under rates dramatically. ship of Tom Torkelson and JoAnn Gama, the Speaker’s announced policy of Jan- ASCO has put forward new tech- IDEA public schools are closing achievement uary 3, 2013, the gentleman from New nologies such as nanotechnology, med- gaps, increasing high school graduation rates, Jersey (Mr. LANCE) is recognized for 60 ical imaging, and health information and preparing students for college and ca- minutes as the designee of the major- technology that are leading to entirely reers. At this time, I personally want to thank ity leader. new ways to develop therapies. If these them for their outstanding work in the Rı´o Mr. LANCE. Mr. Speaker, tonight, advances are fully realized, people with Grande Valley of South Texas. my colleagues and I rise to discuss a cancer will be able to receive more per- In closing, I commend Chairman KLINE and matter that has touched virtually sonalized and more effective treat- ranking member MILLER for their tremendous every family America and is one of the ment. leadership on this bipartisan bill and urge my great public health challenges of our In my work on the Energy and Com- colleagues on both sides of the aisle to sup- time—or indeed, of any time—and that merce Committee, and particularly on port the passage of H.R. 10. is the challenge of cancer, the diag- its Health Subcommittee, I am sure Mrs. MCMORRIS RODGERS. Mr. Chair, I nosis no person wants to hear and the that the wave of the future is personal- rise in strong support for H.R. 10, the Student battle no one should face alone. ized medical care. In a coordinated ca- Success and Opportunity through Quality From those in treatment to those pacity, the members of the committee, Charter Schools Act, and the promise that working toward prevention to friends and particularly of the subcommittee, charter schools hold to ensure that all stu- and family dealing with the terrible ill- are working together to create that dents are able to reach their full potential. ness of a loved one, everyone knows new wave of the future regarding per- Let me also take this opportunity to con- someone who has been afflicted with sonalized medicine. gratulate Washington State and the eight char- cancer. Cancer has been the great Federal investments in cancer re- ter schools that have been certified to open in health menace of the last century. search have also resulted in a massive the state within the next two years, including But now, here in the 21st century, increase in the number and the quality PRIDE Prep Charter School in Spokane. medical advancement, innovative of treatments available to cancer pa- Washington State has made significant re- treatments, and the genius of many tients. forms to its educational system and should be scientists and medical doctors are ev- I have the highest confidence in Dr. recognized for its efforts. Charter schools are about empowerment eryday bringing us closer to a cure. Francis Collins and his team at the Na- We await the advent of new tech- and opportunity. Giving parents the ability to tional Institutes of Health. I have nologies and of work here in Congress meet the needs of their children, particularly toured NIH’s magnificent facility in to deliver the tools and resources both those students who are disadvantaged, have Bethesda, the best of its kind on the to public and to private industry to special needs, or are English Language face of the Earth. I can report that spur the research and collaborations Learners. some of the best doctors, the greatest I know firsthand the benefits of a charter that will change the health of the intellects, and dedicated professionals school education. My own son, Cole, was en- world. are working every day to course the fu- rolled in Apple Tree charter school here in DC It is my judgment that the United ture of medicine and tackle this ter- and he flourished. Apple Tree was able to pro- States is really the medical center of rible disease. vide him with an innovative education that was the entire world and that its brilliant We must continue our Nation’s com- targeted to meet his needs. All parents should medical doctors and scientists here in mitment to NIH to keep the United have this choice and opportunity for their chil- this country will lead the charge in the States as the global center of medical dren. new century. innovation. H.R. 10 moves us in that direction by en- Clinical oncologists are on the cut- Yesterday, Mr. Speaker, the chair- couraging states to expand and replicate high ting edge of that research and are re- man of the Energy and Commerce Com- performing charter schools. It gives security to sponsible for many of the advances in mittee, Mr. UPTON of Michigan, con- states and school boards that space will be cancer care that are improving the vened a roundtable with many of the available to build schools or rehabilitate them. lives and prognoses for many cancer most brilliant doctors regarding issues Finally, H.R. 10 encourages the distribution of patients. affecting the NIH. We were privileged best of practices to ensure all schools have This year marks the 50th anniversary that Dr. Collins joined us. access to critical information. of the American Society of Clinical On- But the work will not be done alone No one in this Chamber would argue that a cology, a group which represents near- by public entities such as the Federal strong education system is foundational to ly 35,000 oncology professionals across Government and NIH. In fact, great keeping our nation competitive and a leader in the world. minds from across this Nation and the 21st century and beyond. And, no one will When ASCO was founded in 1964, it around the world have brought their argue that a strong, quality education for our dedicated itself to a challenging mis- desire to rid the world of cancer to children is integral for their growth, their devel- sion: a commitment to conquer cancer some of the finest companies on the opment and their success for whatever path through research, education, preven- forefront of this research. they choose. H.R. 10 takes us toward that tion, and the delivery of high-quality I am honored to say that many of goal. patient care. these life science leaders in the med- I encourage my colleagues to support H.R. When ASCO was founded, cancer was ical and biopharmaceutical research 10. widely regarded as an untreatable dis- and development field call the district The Acting CHAIR. All time for gen- ease, with fewer than one-half of pa- I serve and the State I serve, New Jer- eral debate has expired. tients alive 5 years after diagnosis. sey, home. There is work on cancer so- Mr. KLINE. Mr. Chair, I move that There was an undeniable stigma associ- lutions every day in labs I have the the Committee do now rise. ated with a cancer diagnosis that left honor of representing.

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H4010 CONGRESSIONAL RECORD — HOUSE May 8, 2014 The district I serve, Mr. Speaker, has tion, and we want to be a partner with These burdens often fall on loved more pharmaceutical and medical de- the executive branch, making sure that ones. I am thankful for the families vice employees than any other district we work as effectively as possible in and the advocates whose challenges we in the United States. But that is not to fighting cancer. may never understand fully, but whose say we are alone. There are magnifi- This is, by no means, a partisan mat- commitment to loved ones is cent facilities across this country. ter; and, indeed, it goes beyond being a unyielding and inspiring. They will be described, I believe, by bipartisan matter. It is really non- To ASCO and the other heroes of can- colleagues of mine this evening. partisan in nature. cer care, I thank you for all that you I know there is great interest and Besides providing better outcomes have done and all that you will con- commitment in the House of Rep- for patients, benefits of more rigorous tinue to do. We are here, in Congress, resentatives, as demonstrated by the trial designs include the ability to de- in a bipartisan capacity, to help give participation this evening of distin- sign smaller and smarter clinical trials you the tools you need to succeed in guished Members, including Mr. HIG- that can be conducted faster than larg- the fight against cancer. GINS of western New York. And cer- er trials that aim for smaller benefits Mr. Speaker, I yield to the distin- tainly, without a doubt, Buffalo is one for patients. guished gentleman from New York (Mr. of the leading centers not only in this These steps represent significant new HIGGINS). Nation but across the globe in medical momentum toward a 21st century re- Mr. HIGGINS. Mr. Speaker, I want to technology and medical research, and search system that realizes the poten- thank my colleague from New Jersey extremely high-quality institutions of tial of precision medicine. As we per- for his leadership on this issue, for his medical care. sonalize medicine in this country, it is eloquent opening, and I want to echo Of course, there is the work of the based, in no small measure, on preci- his sentiments in congratulating the House Energy and Commerce Com- sion medicine; and this, again, is the American Society of Clinical Oncology. mittee. Our committee has broad juris- wave of the future. As my colleague has said, we have diction over Federal agencies and poli- On these critical public health issues, made major advancements in cancer cies important to health care, to med- the public and private sector have research in this country. Thirty years ical research, and to the life sciences worked together to make a difference ago, less than 50 percent of those who sectors. in improving the highest quality of were diagnosed with cancer lived be- I also have the honor of serving as health care, the highest quality that yond 5 years of their diagnosis. Today, the Republican chair of the Rare Dis- the American people deserve. it is over 65 percent for adults and over ease Caucus, another mantle by which Congress is contributing by giving 80 percent for children. we discuss needs and ideas in the can- public research the 21st century tools Historically, you had, really, three cer support community. I am joined in to compete on the global stage and em- options with cancer. You could burn it that caucus with the Democratic chair, powering private innovators to solve out through radiation, you could cut it Congressman CROWLEY of the great these great complexities in American out through surgery, or you could poi- city of New York. laboratories. This is how Congress son the fast-growing cancer cells; but One of the major endeavors of the should work, together, on issues that the problem is you were also killing Energy and Commerce Committee will make a lasting difference. healthy cells, as well, through chemo- be to pursue an initiative of Chairman Too often, Mr. Speaker, we are therapy. UPTON’s that he has titled, ‘‘The 21st viewed as divisive, as overly partisan, Today, because of medical research, Century Cures,’’ an effort that aims to as not coming together on the great we now have smart drugs, drugs that accelerate the pace of cures and med- issues confronting the American Na- will attack fast-growing cancer cells, ical breakthroughs here in the United tion. Let me make as clear as possible, without attacking fast-growing States. on the fight against cancer, we are For the first time, Congress will take healthy cells. working closely together; and we are We also have a number of clinical a comprehensive look at the full arc of working with our partners in the non- trials going on, including right in Buf- accelerating cures, from the discovery profit sector and our partners in the falo, New York, at Roswell Park Can- of clues in basic science to stream- private sector. cer Institute, clinical trials for vac- lining the drug and device development This is a three-legged stool. One of cines that treat the body’s dendritic process to unleashing the power of those legs—indispensable—is the in- cells toward the goal of helping the medicine in the treatment delivery volvement of the Federal Government, body naturally fight cancer. phase. particularly through NIH, but through We have made major progress, but as b 2015 other agencies as well and through our my friend from New Jersey has said, we In one of the inaugural hearings this oversight capacity here in Congress, still have much further to go. week, the incredible advancements in making sure that drugs are brought to People realize that early detection is cancer research were discussed, and the market as quickly as possible with, of very, very important in effectively great opportunities presented to ad- course, recognizing that paramount is treating cancer. Less than 10 percent of vance new cures and treatments for the safety of those drugs brought to cancer deaths occur from the original other diseases were discussed. market. tumor. The committee will focus on the ASCO and those of us in the Congress It is when cancer metastasizes, when cycle of discovery, development, and and leaders in the life science indus- it grows, when it advances to a vital delivery that saves lives. We, in Con- tries renew our commitment to the organ that we need, is when cancer be- gress, want to work effectively and ef- millions of patients and their families comes lethal. That is why it is impor- ficiently and ensure that there is no who will benefit from more timely ac- tant for early detection, which will gap between 20th century science and cess to innovative medical tech- dramatically increase the survival rate the Washington regulatory process. nologies. of cancer patients. ASCO is well-positioned for the type More than 40 years ago, President As the gentleman from New Jersey of 21st century science the committee Nixon declared a war on cancer, and also indicated, Buffalo and western is working to facilitate: accelerating tremendous advances have been made New York is home to Roswell Park the pace of clinical cancer research, es- from that initial declaration of war; Cancer Institute, the first comprehen- tablishing a new approach to thera- but the war has not yet been fully won, sive cancer center in the entire Nation. peutic development and new tech- and it is our responsibility, in our gen- Roswell Park gave the Nation and nologies to obtain a greater under- eration, to make sure we do as much as the world chemotherapy in 1904. It gave standing of cancer biology, and the possible so that that war will be won. the Nation and the world the prostate- needs that Congress and the adminis- While we do not know the cure for all specific antigen test, the PSA test, to tration are willing to work together for cancers, we do know that awareness is detect prostate cancer; and it also did solutions to the market. the best protection, and well-rounded groundbreaking work in the link be- Let me say, Mr. Speaker, that we are care during and after treatment is the tween tobacco use and smoking and anxious to work with the administra- best therapy. cancer.

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — HOUSE H4011 One of every three women in this Na- Unfortunately, despite some chemo- Oak Ridge is the Oak Ridge National tion will develop invasive cancer in therapy and treatment, she lost that Laboratory, and that laboratory is their lifetime. One of every two men, battle to cancer when I was 13 years doing groundbreaking cancer research. during their lifetime, will develop old. I was a freshman in high school. So there is a Federal component to invasive cancer. The incidence is high- That so impacted my life, my father’s this. Our great universities are fighting er for men because they smoke more. life, our entire outlook about cancer. this great fight. We have a long way to go. We have My father came from a generation And when I have young men and made major progress. The gentleman where a cancer diagnosis was a death women come to me and say, ‘‘What had said Richard Nixon had declared a sentence, sadly. I can remember him should I do when I grow up?’’ I suggest war on cancer in 1971, and that was a crying when my mother was first diag- medicine. It is a noble profession. It major, major initiative on the part of nosed. He was crying uncontrollably, still is. the Federal Government. and I didn’t understand why. I feel sorry for a lot of the folks who What we know also, from cancer re- He said: no, no, no, this is going to be are doctors today because they are fac- search, is the only failure in that re- awful. ing a lot of challenges, and I think this search is when you quit or you are Sadly, it was. Interestingly enough, body ought to resolve to help that pro- forced to quit because of lack of fund- my father did live to the ripe old age of fession so that profession, including ing. 871⁄2, but I was before my sub- the oncologists, can continue to pro- A lot of these new drugs that are committee—and for the people watch- vide the health care necessary to fight coming to market today have been in ing tonight, I serve on the House Ap- cancer and other diseases. various phases of discovery for the past propriations Committee, and one of my But as we move forward as a nation, 20 years, so to sustain cancer research subcommittees is the Labor, Edu- I would just hope that we would stop is to produce promising new therapies, cation, and Health and Human Services and think about the magnitude of the but to also encourage young research- Committee, which actually funds the effect of this horrific disease. Cancer ers to stay in the field. National Institutes of Health and the one is not cancer two. There is no ques- That is our obligation, as Democrats National Cancer Institute. tion about that. We have made tremen- and Republicans of this body, in recog- So for those watching—and I applaud dous strides toward several cancers, nizing that we must fully fund the Na- my colleague from New Jersey when he and that is great. We need to defeat tional Institutes of Health and the Na- was talking about all the other com- breast cancer, but we need to defeat all tional Cancer Institute. mittees, but this committee actually cancers. Mr. LANCE. I thank the gentleman. funds research, and it is so, so criti- I was so sad to learn that the fight Mr. Speaker, I now yield to the gen- cally important. against so many cancers has still been tleman from Tennessee (Mr. I was actually talking to the head of futile. There are so many cancers out FLEISCHMANN). the NIH at that day and went outside there that the success or survival rate Mr. FLEISCHMANN. Mr. Speaker, to and got a call from my father’s doctor. is still so low. And I have learned that, my distinguished colleagues from New He indicated that my father had an actually, as a Congressman. Jersey and from New York, I thank esophageal cancer. both of you all for addressing this For those watching, I know our popu- Again, despite the fact that I was al- larity and our numbers in this body issue, which is of national importance. most 50 years old and had a law degree, What both of my colleagues have sometimes are not that high, but I I didn’t understand the gravity of that. want to assure the American people said, Mr. Speaker, is correct. Cancer is Fortunately, in this great body, in that one of the things I do best and I a hideous disease, and we need a na- the House of Representatives, I serve think my colleagues do best is we get tional commitment to beat this hor- with some very fine doctors, men and educated. People come from around the rific disease. women who are outstanding doctors. I world, from around the country, con- I want to talk tonight to the Amer- sat down with some of them, and they stituents, oncologists, doctors, sci- ican people about a personal experience told me the gravity of the situation. entists, and they educate us, Mr. that I had with cancer. At the same Sadly, my father lost that battle to Speaker. They educate us about the time, I want to also, as my distin- esophageal cancer in 3 months. I went progress being made on cancer or, guished colleagues did, honor the with him to the doctor, and I saw him sadly, in some cases, the lack of American Society of Clinical Oncology through that process, and it was a sad progress being made. for their efforts to fight cancer. process. When I was 9 years old, my mother So it is my commitment not only to developed breast cancer. I was more b 2030 my constituents, but to all Americans. worried about playing baseball, being a What we all know, this story that I And I am proud to serve in this body. kid; and I can remember vividly the have shared and that I have experi- This is the people’s House. This is a doctor saying: your mother has cancer. enced has been experienced by millions wonderful, wonderful body. Our Found- My parents were from the World War of Americans. And sadly, the statistics ing Fathers gave us this body, and our II generation. My mother was born in show that cancer is on the rise, the in- men and women who are fighting to 1922, my dad in 1925, and they did not cidence of cancer is on the rise. preserve our freedoms in uniform every have a formal education; but I knew Again, my colleagues alluded to the day allow us to have the great debates something was very wrong that night, fact that President Nixon declared war that go on in this Chamber. and I knew my mother was going to on cancer many years ago. Well, this is But there must be a resolve, Mr. have breast cancer surgery, but I didn’t a war that is ongoing, and this is a Speaker, to defeat cancer. We can do it. know what cancer was. fight that we cannot lose. America The cure for cancer is out there. The We had hoped and prayed that she ought to lead the way. strides are being made. And as we work would get better. Well, about 2 years In this body, we control spending. We together as Americans, I sincerely hope later, unfortunately, that cancer did should control the spending. But I that we can beat this hideous disease metastasize. At the time, my father think sometimes about all of the and help the men and women who are was working away several hundred waste, fraud, and abuse, duplicative going through this and their families. miles to keep a job, and I was an only programs and the like where we could The toll on families is horrific. I saw child, and I can remember my mother actually show a great resolve—not as that as a young boy. I saw it as an waking up screaming in pain. Republicans, not as Democrats, but as adult man. Actually, I didn’t realize the cancer Americans—to beat this hideous dis- So, again, I want to thank the had come back, and actually, I called ease. And I do want to commend the oncologists for fighting the good fight. my dad, at that time, who was working men and women who are oncologists I want to thank my colleagues for al- in Pittsburgh; and basically, he called who fight this fight every day. lowing me to address this issue to- the surgeon, and the surgeon said: In my district, the Third District of night. And it is my fervent hope and bring her on in, but I think the cancer Tennessee, I have some very fine cities. prayer that we address this, as Ameri- is back. One of those cities is Oak Ridge. And in cans, and defeat this hideous disease.

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H4012 CONGRESSIONAL RECORD — HOUSE May 8, 2014 Mr. LANCE. Mr. Speaker, I yield to stituents and to our colleagues who that they went through, that even if the distinguished gentlelady from have walked some of the similar terri- they lost their loved one, they are so Texas. tories. happy that maybe you are doing some- Ms. JACKSON LEE. I thank the dis- So as I have listened to his story, thing to help others. So I am glad that tinguished Congressman from New Jer- mine is different, for I heard that diag- we are here tonight to be able to ac- sey, Congressman LANCE, for having nosis—cancer, breast cancer. And I knowledge oncologists who are the this very special Special Order this didn’t hear it quickly, because when I very ones who would come and bring evening and my friends, Congressmen suspected that my physician was call- forward these new ideas. BRIAN HIGGINS, CHUCK FLEISCHMANN, ing to say that, all of a sudden, my Might I just briefly say these few and JOHN CARNEY, for sponsoring this phone didn’t work, and it was quite dif- points: one, with respect to triple-nega- evening’s Special Order to recognize ficult to reach me. I was on an air- tive breast cancer, between 10 and 17 the 50th anniversary of the American plane. I was in a meeting. percent of female breast cancer pa- Society of Clinical Oncology. And even in this era of new research, tients have triple-negative. It is three One would wonder what seven physi- to hear that is a startling and over- times more likely to cause death than cians were doing some 50 years ago. whelming experience. But the good the most common form of breast can- And I am glad that they came together news is that oncologists have grown in cer. Seventy percent of women with to recognize the vibrance and the vital- their research, working with the NIH metastatic triple-negative breast can- ity of their specialty and the impor- over these 50 years, and they have been cer do not live more than 5 years after tance of gathering together. They had able to give families and children not being diagnosed. There is no targeted their first real meeting with 51 physi- 100 percent, maybe not even 90 percent, treatment available. The American cians in November of 1964. And I am but they have been able to cut the mor- Cancer Society calls this particular glad that they organized because, as we tality rate of pediatric cancer. All of us strain of breast cancer ‘‘an aggressive watch the progression of research and know how heart-wrenching that is, how subtype associated with lower survival care in the treatment of cancer, we owe difficult it is to see a child suffer with rates.’’ a great deal to them. Let me tell you cancer. But the good news is that in my con- why: because when they founded this There was a story in my local news- versations with MD Anderson, among organization in 1964, cancer was per- paper. I talked with one of my neigh- the many finite research areas that ceived as largely untreatable. In fact, bors a distance away from my commu- they are doing, they have included tri- even today, we still have the remnants nity who, sadly, lost their 3-year-old. ple-negative breast cancer. I know that of that fear when you get that diag- The community gave that 3-year-old a those oncologists are going to give us a nosis. princess parade some months ago; and, new day. Many people call it the big C. There sadly, she lost her life. It is heart- So Congressman LANCE, I thank you is trepidation and fear. And I would say wrenching to see a family member suf- for honoring now 50 years of to you that when those physicians or- fer without relief. oncologists working to ensure that ganized in 1964, they understood the But yet, through the oncologists and there is a cure. And I want to acknowl- awesome and ominous task that they their research and the work that we edge Dr. DePinho, who is the new CEO had. Only a handful of hard-to-tolerate are doing here in the United States of MD Anderson, his wife and the amaz- and mostly ineffective therapies were Congress to support that research, we ing research that she is doing, and all even available. And they organized to have been able to impact pediatric can- of the oncologists there. provide for physicians with proper pro- cer. We have been able to work to im- But as I close, I would like to recog- fessional educational background ma- pact breast cancer. And I have contin- nize a dear friend, MD Anderson terial and the opportunity to come to- ued to work to highlight the idea that oncologist Dr. John Mendelsohn, who gether to facilitate their own improved cancer, in all of its forms, can ulti- served as the CEO for any number of management of patients with neo- mately be cured. years. Many of my colleagues here in plastic diseases, supporting collabora- I would like to cite the physicians at the United States Congress know him tions in medical and research organiza- MD Anderson. I visited with one today well. I call John a friend. He will be tions, and initiating and coordinating who talked about the new attitude that honored by the American Society of and cooperating on projects of inves- they have and wanting to get woven Clinical Oncology for its 50th anniver- tigation. into care a large sector of preventative sary through the organization’s Oncol- So I am glad to celebrate them today care because they realize that we are ogy Luminary series. He is an because, in the cancer hospitals across living longer. And by living longer, oncologist, as we know. He served as America—and I have the privilege of that is a plus, but they are recognizing president of MD Anderson through an having in my community MD Ander- that more elderly are now susceptible incredibly productive period of nearly son. And among the work that MD An- to cancer in their older years and, 15 years. The institution doubled in derson does, it collaborates with our therefore, we need research, preventa- size during his tenure and aimed at local clinics and other hospitals be- tive care to be able to get in front of higher excellence. He has an inter- cause everyone knows that everyone that so that the cost of saving their national reputation. And he and his cannot get into a specific cancer hos- life can be the amount needed to do so, collaborators in California produced pital, but they may be in a general hos- but that we can put a stop to them los- monoclonal antibody 225, which inhib- pital in which there is a cancer unit. ing their life because we have engaged its human cancer cell proliferation by Those oncologists collaborate with the in preventative care. blocking the signal and pathways that oncologists in the major cancer centers So I have offered amendments on are activated by the receptors for epi- of America. something called the triple-negative dermal growth factor. And I simply want to thank my col- breast cancer. It is one of the most There are many whom we can cite to- leagues here because MD Anderson has deadly aspects of breast cancer. It im- night, but I simply want to celebrate benefited from your understanding of pacts minority women, African Amer- that there is a specialty called oncol- the need for cancer research dollars. ican and Hispanics, white women and ogy that could cause more of us to an- The NIH is an entity that we should Asians, all women. swer that phone call when we are fully fund, and I am on record to have I remember being in a breast cancer called and to receive that diagnosis in that funding. $32 billion is what will walk, and a young woman came up to a way that we know there is hope and put that entity in a position to do its me who, I guess, had been reading ev- that family members will know there work. erything about it. She hugged me and is hope and other family members who I was interested to listen to the gen- said, ‘‘I am here to walk for my moth- are now facing a diagnosis of cancer of tleman who spoke of both his mother er. I saw what you are doing for triple- their loved one will have hope. and his father. And I believe when negative’’—a Hispanic young woman. Oncologists have given us that hope Members come to the floor and speak ‘‘She did not make it, but thank you.’’ as they continue to research, and I of their personal and human experi- That is how families are. They are so stand ready with my colleagues to pro- ences, it draws us closer to our con- grateful for any recognition of the pain vide the right kind of research and

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — HOUSE H4013 funding for them to continue to look to cess of the ‘‘HER2’’ protein on their cell mem- in cancer treatment made possible by the save lives. brane of tumor cells. American Society of Clinical Oncology. I thank the gentleman for yielding. Between 10–17% of female breast cancer Mr. LANCE. Mr. Speaker, I think the Mr. Speaker, I want to thank my colleagues patients have the triple negative subtype. impassioned remarks of my distin- Congressmen LEONARD LANCE, BRIAN HIGGINS, Three times more likely to cause death than guished colleague from Texas are an CHUCK FLEISHMANN, and JOHN CARNEY for the most common form of breast cancer, 70% indication of her tremendous advocacy sponsoring this evening’s special order to rec- of women with metastatic triple negative on behalf of this issue, not only for her ognize the 50th anniversary of the American breast cancer do not live more than five years constituents, not only for all of the Society of Clinical Oncology. after being diagnosed. residents of the great State of Texas, On April 9, 1964, the American Society of There is no targeted treatment available for but, indeed, for the entire American Clinical Oncology held its first organizational TNBC. The American Cancer Society calls this people. particular strain of breast cancer ‘‘an aggres- meeting when 7 physicians who are known as b 2045 the founders of the organization. sive subtype associated with lower survival Fifty-one physicians attended the first meet- rates.’’ Mr. Speaker, my distinguished col- ing of the American Society of Clinical Oncol- Triple Negative Breast Cancer (TNBC) cells league from Texas spoke movingly ogy in Chicago in November of 1964. are usually of a higher grade and size; Onset about breast cancer. Yesterday, I spoke The ASOC supports oncologists by: pro- at a younger age; More aggressive; and more to a group of advocates dedicated to viding physicians with proper professional edu- likely to metastasize the treatment of breast cancer and cational background material and the oppor- TNBC is in fact a heterogeneous group of working to ensure that women are edu- tunity to facilitate their own improved manage- cancers with varying differences in prognosis cated about breast reconstruction sur- ment of patients with neoplastic diseases; sup- and survival rate between various subtypes. gery and care options following cancer porting collaborations with other medical and This has led to a lot of confusion amongst treatments. These advocates, working out of love research organizations, national and other- both physicians and patients. for their mothers, daughters, sisters, wise, with a view of enhancing professional Apart from surgery, cytotoxic chemotherapy and wives, have championed the Breast education in the area of diagnosis and treat- is the only available treatment; targeted mo- Cancer Patient Education Act, which ment of patients with neoplastic diseases; and lecular treatments while being investigated are not accepted treatment. will take an educational approach to initiating, coordinating and cooperating in breast cancer treatment and allow projects of investigation of human neoplastic POPULATIONS AFFECTED BY TNBC TNBC disproportionately impacts younger women to have full access to their op- disease. tions. At the time ASCO was established in 1964, women, African American women, Hispanic/ Latina women, and women with a ‘‘BRCA1’’ Since 1998, health care plans that cancer was largely untreatable. Only a handful offer breast cancer coverage have been of hard-to-tolerate and mostly ineffective thera- genetic mutation, which is prevalent in Jewish women. required to provide breast reconstruc- pies were available. tion surgery and prostheses. Surpris- I want to thank and recognize the TNBC usually affects women under 50 years of age. ingly, however, Mr. Speaker, recent Oncologists who serve the residents of the studies report that up to 70 percent of City of Houston for their work and dedication More than 30% of all breast cancer diag- noses in African American women are of the women eligible for breast reconstruc- in providing treatment and care to cancer pa- tion following cancer treatment are tients. triple negative variety. Black women are far more susceptible to this dangerous subtype not fully informed of their reconstruc- CONGRESSWOMAN JACKSON LEE’S WORK ON WOMEN’S tion and care options by their general HEALTH AND SAFETY than white or Hispanic women. Women with TNBC are more likely to have surgeon, and this is particularly true I introduced H.R. 80, the Triple-Negative distance metastases in the brain and lung and in minority communities. Breast Cancer Research and Education Act. Many of these advocates have been The bill requires the Director of the National more common subtypes of breast cancer. Breast cancers with specific, targeted treat- through great challenges personally, Institutes of Health (NIH) to expand, intensify, ment methods, such as hormone and gene and I have heard both here in Wash- and coordinate programs for the conduct and based strains, have higher survival rates than ington and in my offices in New Jersey support of research on triple-negative breast the triple negative subtype, highlighting the the stories of fear and insecurity that cancer (breast cancers whose cells are nega- need for a targeted treatment. come with the diagnosis, as the distin- tive for estrogen receptors, progesterone re- HOUSTON IS HOME TO MD ANDERSON guished gentlelady from Texas has in- ceptors, and the HER2 protein on their I would like recognize MD Anderson dicated, and the despair of having so sources). Oncologist Dr. John Mendelsohn who will be many questions and too few answers. I Directs the Secretary of Health and Human hope that at an early date the Congress Services (HHS), acting through the Director of honored by the American Society of Clinical Oncology for its 50th anniversary through the will pass the Breast Cancer Patient the Centers for Disease Control and Preven- Education Act to work to change that. tion (CDC), to develop and disseminate to the organization’s ‘‘Oncology Luminaries’’ series. Dr. Mendelsohn is an Oncologist at MD An- In another area of cancer that we public information regarding triple-negative derson, which is located in the city of Houston have not mentioned this evening, I breast cancer, including information on: (1) the Texas. have worked with colleagues on both incidence and prevalence of such breast can- Dr. Mendelsohn served as president of MD sides of the aisle regarding pancreatic cer among women, (2) the elevated risk for Anderson through an incredibly productive pe- cancer, and I know oncologists are minority women, and (3) the availability of a riod of nearly 15 years. The institution more fighting hard against this very virulent range of treatment options. than doubled in size during his tenure, while form of cancer. The survival rate for Requires the Secretary, acting through the aiming for even higher excellence in patient pancreatic cancer, Mr. Speaker, unfor- Administrator of the Health Resources and care and research. tunately, has not increased in 40 years, Services Administration (HRSA), to develop Dr. Mendelsohn brought to MD Anderson an and the 5-year survival rate, as I under- and disseminate information on triple-negative international reputation for his research on stand it, is 7 percent. breast cancer to health care providers. how the binding of growth factors to receptors It is incumbent upon those of us here Last year, I offered an amendment that was on the surface of cells regulates cell functions. in Congress to ensure that NIH and added to the House of Representatives’ De- He and his collaborators in California pro- those involved in cancer research at partment of Defense Authorization bill that di- duced monoclonal antibody 225, which inhibits the Federal level do as good a job as rects the Department of Defense Office of human cancer cell proliferation by blocking the possible regarding pancreatic cancer. I Health to collaborate with the National Insti- signaling pathways that are activated by the acknowledge this evening all of those tutes of Health to provide resources to identify receptors for epidermal growth factor. who are working in that area, as well. specific genetic and molecular targets and bio- His subsequent research in the laboratory The ASCO founded 50 years ago has a markers for TNBC. and the clinic pioneered the universally adopt- great, great history over these last five TRIPLE NEGATIVE BREAST CANCER (TNBC) ed concept of anti-receptor therapy that tar- decades, but much more needs to be Triple-negative breast cancer (TNBC) is a gets key cell signaling pathways as a new done, and we will do it together. term used to describe breast cancers whose form of cancer treatment. I conclude this evening, Mr. Speaker, cells do not have estrogen receptors and pro- I join my colleagues in honoring and recog- on a personal note. I have a twin broth- gesterone receptors, and do not have an ex- nizing the important contribution to advances er, and we lost our mother to breast

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H4014 CONGRESSIONAL RECORD — HOUSE May 8, 2014 cancer when we were 12 years old. Now, Mr. BISHOP of Georgia (at the request 5602. A letter from the Assistant Secretary, this was almost 50 years ago. Just of Ms. PELOSI) for today and May 9. Legislative Affairs, Department of State, think of the tremendous progress that Mr. RUSH (at the request of Ms. transmitting the Department’s report enti- tled, ‘‘Advancing Freedom and Democracy’’; has been made in the last 50 years, cer- PELOSI) for today. to the Committee on Foreign Affairs. tainly with the leadership of the ASCO. f 5603. A letter from the Assistant Secretary, But more progress needs to be made. Legislative Affairs, Department of State, And to all of us who have been affected, ENROLLED BILL SIGNED transmitting a report entitled ‘‘Report to either personally or familially, based Karen L. Haas, Clerk of the House, Congress on Iran-Related Multilateral Sanc- upon our family, regarding the issue of reported and found truly enrolled a bill tions Regime Efforts’’ covering the period cancer, we stand here on the floor of from August 7, 2013 to February 6, 2014; to of the House of he following title which the Committee on Foreign Affairs. the House to work together in this bi- was thereupon signed by the Speaker: 5604. A letter from the Assistant Secretary, partisan capacity—and might I suggest H.R. 3627. An act to require the Attorney Legislative Affairs, Department of State, nonpartisan capacity—to make sure General to report on State law penalties for transmitting the Department’s report for the that as we move forward we move for- certain child abusers and for other purposes. period ending January 15, 2014 on the activi- ties of the Multinational Force and Observ- ward together in what I know will be a f successful fight. ers (MFO) and U.S. participation in that or- We will win the war against cancer. ADJOURNMENT ganization; to the Committee on Foreign Af- fairs. We will win it working together in the Mr. YOHO. Mr. Speaker, I move that 5605. A letter from the Assistant Legal Ad- best traditions of the American Nation. the House do now adjourn. viser, Office of Treaty Affairs, Department of Mr. Speaker, I yield back the balance The motion was agreed to; accord- State, transmitting a report prepared by the of my time. ingly (at 8 o’clock and 51 minutes Department of State concerning inter- national agreements other than treaties en- f p.m.), the House adjourned until to- tered into by the United States to be trans- RECOGNIZING CHALLENGE ENTER- morrow, Friday, May 9, 2014, at 9 a.m. mitted to the Congress within the sixty-day PRISES AND THE ABILITYONE f period specified in the Case-Zablocki Act; to PROGRAM the Committee on Foreign Affairs. EXECUTIVE COMMUNICATIONS, 5606. A letter from the Acting Director, Of- The SPEAKER pro tempore. Under ETC. fice of National Drug Control Policy, trans- the Speaker’s announced policy of Jan- Under clause 2 of rule XIV, executive mitting Report to Congress on High Inten- uary 3, 2013, the Chair recognizes the sity Drug Trafficking Areas (HIDTA) Pro- communications were taken from the gram Funds to Address Methamphetamine gentleman from Florida (Mr. YOHO) for Speaker’s table and referred as follows: 17 minutes as the designee of the ma- Trafficking; to the Committee on the Judici- 5594. A letter from the Director, Issuances ary. jority leader. Staff, Department of Agriculture, transmit- 5607. A letter from the Paralegal Spe- Mr. YOHO. Mr. Speaker, I rise today ting the Department’s final rule — Eligi- cialist, Department of Transportation, trans- to recognize Challenge Enterprises of bility of the Republic of Korea To Export mitting the Department’s final rule — Air- north Florida and the AbilityOne pro- Poultry Products to the United States worthiness Directives; The Boeing Company gram. [Docket No.: FSIS-2012-0019] (RIN: 0583-AD49) Airplanes [Docket No.: FAA-2013-0331; Direc- Challenge Enterprises employs more received April 28, 2014, pursuant to 5 U.S.C. torate Identifier 2011-NM-170-AD; Amend- than 300 citizens in my district alone, 801(a)(1)(A); to the Committee on Agri- ment 39-17792; AD 2014-05-19] (RIN: 2120-AA64) culture. received April 16, 2014, pursuant to 5 U.S.C. 179 of whom are disabled persons em- 801(a)(1)(A); to the Committee on Transpor- ployed on projects acquired directly as 5595. A letter from the Associate Director, National Institute of Food and Agriculture, tation and Infrastructure. a result of the AbilityOne program. Department of Agriculture, transmitting the 5608. A letter from the Paralegal Spe- This program has been of great assist- Department’s final rule — Hispanic-Serving cialist, Department of Transportation, trans- ance in helping our disabled citizens Agricultural Colleges and Universities (RIN: mitting the Department’s final rule — Air- achieve meaningful employment. 0524-AA39) received April 23, 2014, pursuant worthiness Directives; The Boeing Company Challenge Enterprises’ motto is ‘‘The to 5 U.S.C. 801(a)(1)(A); to the Committee on Airplanes [Docket No.: FAA-2013-0089; Direc- Agriculture. torate Identifier 2012-NM-166-AD; Amend- power of people and possibilities.’’ I ment 39-17806; AD 2014-06-02](RIN: 2120-AA64) have visited their facilities to meet 5596. A letter from the Under Secretary, Department of Defense, transmitting the received April 16, 2014, pursuant to 5 U.S.C. their staff, workers, and the wounded 801(a)(1)(A); to the Committee on Transpor- 2014 Major Automated Information System tation and Infrastructure. warriors to learn what they do and saw (MAIS) Annual Reports (MARs); to the Com- 5609. A letter from the Paralegal Spe- firsthand how the AbilityOne program mittee on Armed Services. enhances the quality of their lives. cialist, Department of Transportation, trans- 5597. A letter from the Under Secretary, mitting the Department’s final rule — Therefore, Mr. Speaker, it is with Department of Defense, transmitting the an- Amendment of VOR Federal Airway V-625, pleasure that I thank the staff, the nual report on operations of the National De- Arizona [Docket No.: FAA-2014-0093; Airspace workers, and the volunteers of Chal- fense Stockpile (NDS) in accordance with Docket No. 14-AWP-1] (RIN: 2120-AA66) re- lenge Enterprises and the AbilityOne section 11(a) of the Strategic and Critical ceived April 16, 2014, pursuant to 5 U.S.C. program for helping disabled citizens of Materials Stock Piling Act as amended (50 801(a)(1)(A); to the Committee on Transpor- U.S.C. 98 et seq.) detailing NDS operations tation and Infrastructure. my district and of north central Flor- during FY 2013; to the Committee on Armed ida become productive, self-reliant citi- 5610. A letter from the Paralegal Spe- Services. cialist, Department of Transportation, trans- zens of their community and of the 5598. A letter from the Acting Under Sec- mitting the Department’s final rule — Air- Third Congressional District. retary, Department of Defense, transmitting worthiness Directives; British Aerospace Re- With that, Mr. Speaker, I yield back a letter on the approved retirement of Lieu- gional Aircraft Airplanes [Docket No.: FAA- the balance of my time. tenant General John F. Mulholland, Jr., 2013-1012; Directorate Identifier 2013-CE-037- United States Army, and his advancement f AD; Amendment 39-17807; AD 2014-06-03] (RIN: on the retired list in the grade of lieutenant 2120-AA64) received April 16, 2014, pursuant LEAVE OF ABSENCE general; to the Committee on Armed Serv- to 5 U.S.C. 801(a)(1)(A); to the Committee on By unanimous consent, leave of ab- ices. Transportation and Infrastructure. 5599. A letter from the Under Secretary, 5611. A letter from the Paralegal Spe- sence was granted to: Department of Defense, transmitting Report cialist, Department of Transportation, trans- Mr. COTTON (at the request of Mr. to Congress on Corrosion Policy and Over- mitting the Department’s final rule — Air- CANTOR) for today and the balance of sight Budget Materials for FY 2015; to the worthiness Directives; Rockwell Collins, Inc. the week on account of the funeral of a Committee on Armed Services. Transponders [Docket No.: FAA-2013-0966; Di- friend. 5600. A letter from the Secretary, Depart- rectorate Identifier 2013- CE-040-AD; Amend- Mr. MCALLISTER (at the request of ment of Health and Human Services, trans- ment 39-17799; AD 2014-05-27] (RIN: 2120-AA64) Mr. CANTOR) for today and the balance mitting the 2013 Actuarial Report on the Fi- received April 16, 2014, pursuant to 5 U.S.C. of the week on account of a death in nancial Outlook for Medicaid; to the Com- 801(a)(1)(A); to the Committee on Transpor- mittee on Energy and Commerce. tation and Infrastructure. the family. 5601. A letter from the Secretary, Depart- 5612. A letter from the Paralegal Spe- Mr. PALAZZO (at the request of Mr. ment of Commerce, transmitting a certifi- cialist, Department of Transportation, trans- CANTOR) for the balance of the week on cation of export to China; to the Committee mitting the Department’s final rule — Air- account of the death of a close friend. on Foreign Affairs. worthiness Directives; SOCATA Airplanes

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — HOUSE H4015 [Docket No.: FAA-2013-1019; Directorate Committees on Energy and Commerce and H.R. 4613. A bill to authorize the Small Identifier 2013-CE-038-AD; Amendment 39- Ways and Means. Business Administrator to establish a grant 17810; AD 2014-06-06] (RIN: 2120-AA64) received f program to empower encore entrepreneurs; April 16, 2014, pursuant to 5 U.S.C. to the Committee on Small Business. 801(a)(1)(A); to the Committee on Transpor- PUBLIC BILLS AND RESOLUTIONS By Mr. HUFFMAN (for himself and tation and Infrastructure. Under clause 2 of rule XII, public Mrs. LUMMIS): H.R. 4614. A bill to enhance and clarify the 5613. A letter from the Paralegal Spe- bills and resolutions of the following cialist, Department of Transportation, trans- ability of the National Park Service to work mitting the Department’s final rule — Air- titles were introduced and severally re- cooperatively with Park Partners to better worthiness Directives; Airbus Airplanes ferred, as follows: use philanthropic and other non-Federal in- [Docket No.: FAA-2011-1253; Directorate By Mrs. ELLMERS (for herself and Mr. vestments to achieve common objectives, Identifier 2011-NM-079-AD; Amendment 39- MORAN): public purposes and benefits, and for other 17723; AD 2013-26-14] (RIN: 2120-AA64) received H.R. 4605. A bill to amend title XIX of the purposes; to the Committee on Natural Re- April 16, 2014, pursuant to 5 U.S.C. Social Security Act to provide States an op- sources. 801(a)(1)(A); to the Committee on Transpor- tion to cover a children’s program of all-in- By Mr. KING of New York (for himself, tation and Infrastructure. clusive coordinated care (ChiPACC) under Mr. PERLMUTTER, Mr. MCKINLEY, Mr. 5614. A letter from the Paralegal Spe- the Medicaid program; to the Committee on WELCH, and Mr. PETERS of Cali- cialist, Department of Transportation, trans- Energy and Commerce. fornia): mitting the Department’s final rule — Prohi- By Mr. MCKINLEY (for himself, Mr. H.R. 4615. A bill to improve the accuracy of bition Against Certain Flights Within the RAHALL, and Mrs. CAPITO): mortgage underwriting used by Federal Tripoli Flight Information Region (FIR); Ex- H.R. 4606. A bill to provide an additional mortgage agencies by ensuring that energy tension of Expiration Date [Docket No.: authorization of appropriations for the costs are included in the underwriting proc- FAA-2011-0246; Amendment No. 91-321A; Brookwood-Sago Mine Safety Grants to be ess, to reduce the amount of energy con- SFAR No. 112] (RIN: 2120-AJ93) received used specifically to fund programs that pro- sumed by homes, to facilitate the creation of April 16, 2014, pursuant to 5 U.S.C. vide hands-on mine safety skills training and energy efficiency retrofit and construction jobs, and for other purposes; to the Com- 801(a)(1)(A); to the Committee on Transpor- certification in mine rescue and mine emer- mittee on Financial Services. tation and Infrastructure. gency response; to the Committee on Edu- 5615. A letter from the Paralegal Spe- cation and the Workforce. By Mr. O’ROURKE (for himself and Mr. COOK): cialist, Department of Transportation, trans- By Mr. MCKINLEY (for himself, Mr. H.R. 4616. A bill to direct the Secretary of mitting the Department’s final rule — Re- CARTWRIGHT, and Mr. NUGENT): Veterans Affairs to carry out a pilot pro- quirements for Chemical Oxygen Genera- H.R. 4607. A bill to amend title 18, United gram to provide veterans the option of using tions Installed on Transport Category Air- States Code, to authorize the Director of the an alternative appeals process to more Bureau of Prisons to issue oleoresin cap- planes [Docket No.: FAA-2012-0812; Amend- quickly determine claims for disability com- sicum spray to officers and employees of the ment No. 25-138] (RIN: 2120-AK36) received pensation; to the Committee on Veterans’ Bureau of Prisons; to the Committee on the April 16, 2014, pursuant to 5 U.S.C. Affairs. Judiciary. 801(a)(1)(A); to the Committee on Transpor- By Mr. REED (for himself, Mr. NUNES, By Ms. LEE of California (for herself, tation and Infrastructure. Mr. KELLY of Pennsylvania, Mrs. 5616. A letter from the Paralegal Spe- Mr. BROUN of Georgia, Ms. SLAUGH- BLACK, Mr. REICHERT, Mr. GRIFFIN of cialist, Department of Transportation, trans- TER, Mr. MASSIE, Mr. HASTINGS of Arkansas, and Mr. YOUNG of Indiana): mitting the Department’s final rule — Florida, Mr. GARAMENDI, Mr. STOCK- H.R. 4617. A bill to condition the eligiblity Standard Instrument Approach Procedures, MAN, Mr. YOHO, Mr. JONES, Mr. of disabled children aged 16 or 17 for supple- and Takeoff Minimums and Obstacle Depar- AMASH, Mr. POSEY, Mr. CONYERS, and mental security income benefits on school ture Procedures; Miscellaneous Amendments Mr. ELLISON): attendance; to the Committee on Ways and [Docket No.: 30945; Amdt. No. 3579] received H.R. 4608. A bill to repeal the Authoriza- Means. April 16, 2014, pursuant to 5 U.S.C. tion for Use of Military Force, and for other By Mr. RICHMOND (for himself, Mr. 801(a)(1)(A); to the Committee on Transpor- purposes; to the Committee on Foreign Af- CONYERS, Mr. RANGEL, Mr. DANNY K. tation and Infrastructure. fairs, and in addition to the Committee on DAVIS of Illinois, Mr. GRIJALVA, Mr. 5617. A letter from the Paralegal Spe- Rules, for a period to be subsequently deter- CA´ RDENAS, Mr. ELLISON, Ms. KAPTUR, cialist, Department of Transportation, trans- mined by the Speaker, in each case for con- Ms. BASS, Ms. KELLY of Illinois, Mr. mitting the Department’s final rule — sideration of such provisions as fall within POLIS, Mr. HASTINGS of Florida, Ms. Standard Instrument Approach Procedures, the jurisdiction of the committee concerned. MOORE, Ms. WILSON of Florida, Ms. and Takeoff Minimums and Obstacle Depar- By Mr. COHEN: JACKSON LEE, Ms. NORTON, Mr. H.R. 4609. A bill to amend SAFETEA-LU to ture Procedures; Miscellaneous Amendments HONDA, and Mr. THOMPSON of Mis- [Docket No.: 30946; Amdt. No. 3580] received ensure that projects that assist the estab- sissippi): April 16, 2014, pursuant to 5 U.S.C. lishment of aerotropolis transportation sys- H.R. 4618. A bill to develop and implement 801(a)(1)(A); to the Committee on Transpor- tems are eligible for certain grants, and for national standards for the use of solitary tation and Infrastructure. other purposes; to the Committee on Trans- confinement in the Nation’s prisons, jails, 5618. A letter from the Paralegal Spe- portation and Infrastructure. and juvenile detention facilities; to the Com- cialist, Department of Transportation, trans- By Mr. COHEN: mittee on the Judiciary. mitting the Department’s final rule — H.R. 4610. A bill to direct the Secretary of By Mr. SCHOCK (for himself and Mr. Standard Instrument Approach Procedures, Transportation to establish a grant program BLUMENAUER): and Takeoff Minimums and Obstacle Depar- to assist the development of aerotropolis H.R. 4619. A bill to amend the Internal Rev- ture Procedures; Miscellaneous Amendments transportation systems, and for other pur- enue Code of 1986 to make permanent the [Docket No.: 30947; Amdt. No. 3581] received poses; to the Committee on Transportation rule allowing certain tax-free distributions April 16, 2014, pursuant to 5 U.S.C. and Infrastructure. from individual retirement accounts for 801(a)(1)(A); to the Committee on Transpor- By Mr. COURTNEY (for himself, Mr. charitable purposes; to the Committee on tation and Infrastructure. PAYNE, Mr. GEORGE MILLER of Cali- Ways and Means. 5619. A letter from the Paralegal Spe- fornia, Mr. TIERNEY, and Mr. BISHOP By Mr. SMITH of Washington (for him- cialist, Department of Transportation, trans- of New York): self, Ms. DELBENE, Mr. DEUTCH, Mr. mitting the Department’s final rule — H.R. 4611. A bill to amend the Fair Labor FOSTER, Mr. LARSEN of Washington, Standard Instrument Approach Procedures, Standards Act of 1938 to ensure that employ- Mr. POLIS, Mr. QUIGLEY, and Mr. and Takeoff Minimums and Obstacle Depar- ees are not misclassified as non-employees, VELA): ture Procedures; Miscellaneous Amendments and for other purposes; to the Committee on H.R. 4620. A bill to ensure the humane [Docket No.: 30948; Amdt. No. 3582] received Education and the Workforce, and in addi- treatment of persons detained pursuant to April 16, 2014, pursuant to 5 U.S.C. tion to the Committee on Ways and Means, the Immigration and Nationality Act; to the 801(a)(1)(A); to the Committee on Transpor- for a period to be subsequently determined Committee on the Judiciary, and in addition tation and Infrastructure. by the Speaker, in each case for consider- to the Committee on Homeland Security, for 5620. A letter from the Director of Legisla- ation of such provisions as fall within the ju- a period to be subsequently determined by tive Affairs, Office of the Director of Na- risdiction of the committee concerned. the Speaker, in each case for consideration tional Intelligence, transmitting the 2013 re- By Mr. DESANTIS (for himself, Mr. of such provisions as fall within the jurisdic- port on Security Clearance Determinations; SALMON, Mr. POSEY, and Mr. tion of the committee concerned. to the Committee on Intelligence (Perma- BENTIVOLIO): By Mr. WITTMAN (for himself, Mr. nent Select). H.R. 4612. A bill to amend the eligibility CONNOLLY, and Mr. WOLF): 5621. A letter from the Secretary, Depart- requirements for funding under title IV of H.R. 4621. A bill to amend the Internal Rev- ment of Health and Human Services, trans- the Higher Education Act of 1965; to the enue Code of 1986 to exclude from gross in- mitting the Department’s report entitled, Committee on Education and the Workforce. come certain combat zone compensation of ‘‘Medicare National Coverage Determina- By Mr. GARCIA (for himself and Mr. civilian employees of the United States; to tions for Fiscal Year 2013’’; jointly to the RODNEY DAVIS of Illinois): the Committee on Ways and Means.

VerDate Mar 15 2010 06:08 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\RECORD14\MAY 2014\H08MY4.REC H08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H4016 CONGRESSIONAL RECORD — HOUSE May 8, 2014 By Ms. BASS (for herself, Mrs. BACH- CONSTITUTIONAL AUTHORITY make all needful rules and regulations re- MANN, Mr. CRAMER, Mr. BARLETTA, STATEMENT specting the territory or other property be- Mr. CUMMINGS, Mr. BENTIVOLIO, Mr. longing to the United States; and nothing in DANNY K. DAVIS of Illinois, Mr. Pursuant to clause 7 of rule XII of this Constitution shall be so construed as to BISHOP of Georgia, Mrs. DAVIS of the Rules of the House of Representa- prejudice any claims of the United States, or California, Ms. BONAMICI, Mr. DEFA- tives, the following statements are sub- of any particular state.’’ ZIO, Mr. BRALEY of Iowa, Ms. mitted regarding the specific powers By Mr. KING of New York: DEGETTE, Ms. BROWN of Florida, Ms. granted to Congress in the Constitu- H.R. 4615. DELAURO, Ms. BROWNLEY of Cali- tion to enact the accompanying bill or Congress has the power to enact this legis- fornia, Mr. DEUTCH, Mrs. BUSTOS, Mr. joint resolution. lation pursuant to the following: DOGGETT, Mrs. CAPPS, Ms. EDWARDS, Article I, Section 8, Clause 6 Mr. CA´ RDENAS, Mr. ELLISON, Mr. CAR- By Mrs. ELLMERS: The Congress shall have Power . . . To SON of Indiana, Ms. FRANKEL of Flor- H.R. 4605. make all Laws which shall be necessary and Congress has the power to enact this legis- ida, Mrs. CHRISTENSEN, Mr. FRANKS of proper for carrying into Execution the fore- lation pursuant to the following: Arizona, Ms. CHU, Ms. FUDGE, Mr. going Powers, and all other Powers vested by The authority to enact this bill is derived CICILLINE, Mr. AL GREEN of Texas, this Constitution in the Government of the from, but may not be limited to, Clause 1 of Ms. CLARKE of New York, Mr. GRI- United States, or in any Department or Offi- Section 8 of Article I of the United States JALVA, Mr. CLAY, Ms. HAHN, Mr. cer thereof. Constitution. CLEAVER, Mrs. HARTZLER, Mr. CON- By Mr. O’ROURKE: By Mr. MCKINLEY: YERS, Mr. HASTINGS of Florida, Mr. H.R. 4616. H.R. 4606. COOK, Mr. HECK of Washington, Mr. Congress has the power to enact this legis- Congress has the power to enact this legis- COOPER, Mr. HIMES, Ms. JACKSON LEE, lation pursuant to the following: lation pursuant to the following: Mr. HONDA, Mr. JEFFRIES, Mr. JOHN- According to Article I, Section 8, Clause 1 Clause 18 of section 8 of article I of the SON of Georgia, Ms. EDDIE BERNICE of the Constitution: the Congress shall have Constitution, ‘‘To make all laws which shall JOHNSON of Texas, Mr. KEATING, Ms. the power to provide for the general welfare be necessary and proper for carrying into KELLY of Illinois, Mr. KILDEE, Mr. of the United States. Execution the foregoing Powers, and all KILMER, Ms. KUSTER, Mr. LANGEVIN, According to Article I, Section 8, Clause 3 other Powers vested by this Constitution in Mr. LATHAM, Ms. LEE of California, of the Constitution: The Congress shall have the Government of the United States or in Mr. LEWIS, Ms. MICHELLE LUJAN power to enact this legislation to regulate any Department or Officer thereof.’’ GRISHAM of New Mexico, Mr. SEAN commerce with foreign nations, and among By Mr. REED: PATRICK MALONEY of New York, Mr. the several states, and with the Indian H.R. 4617. MARINO, Mr. MATHESON, Ms. MATSUI, tribes. Congress has the power to enact this legis- Mr. MCDERMOTT, Mr. MCGOVERN, Mr. By Mr. MCKINLEY: lation pursuant to the following: MCNERNEY, Mr. MESSER, Mr. MURPHY H.R. 4607. Article 1, Section 8, Clause 1 of Florida, Ms. NORTON, Mr. Congress has the power to enact this legis- By Mr. RICHMOND: NUNNELEE, Mr. O’ROURKE, Mr. PAL- lation pursuant to the following: H.R. 4618. LONE, Mr. PAYNE, Mr. PETERS of Cali- According to Article I, Section 8, Clause 9 Congress has the power to enact this legis- fornia, Mr. PETERSON, Mr. PIERLUISI, and Section 1 of Article 3 of the Constitution lation pursuant to the following: Mr. POCAN, Mr. PRICE of North Caro- to create and regulate Federal Courts. The Constitutional authority for this bill lina, Mr. RANGEL, Mr. REICHERT, Mr. By Ms. LEE of California: stems from Article I, Section 8, Clause 3 of RICHMOND, Ms. ROYBAL-ALLARD, Mr. H.R. 4608. the United States Constitution. SCHIFF, Mr. DAVID SCOTT of Georgia, Congress has the power to enact this legis- By Mr. SCHOCK: Mr. SCOTT of Virginia, Ms. SEWELL of lation pursuant to the following: H.R. 4619. Alabama, Ms. SHEA-PORTER, Mr. This bill is enacted pursuant to the power Congress has the power to enact this legis- SIRES, Ms. SPEIER, Mr. STOCKMAN, granted to Congress under Article I of the lation pursuant to the following: Mr. TAKANO, Mr. THOMPSON of Mis- United States Constitution and its subse- The constitutional authority on which this sissippi, Mr. THOMPSON of California, quent amendments, and further clarified and bill rests is the power of Congress as stated Ms. TITUS, Ms. TSONGAS, Mr. VARGAS, interpreted by the Supreme Court of the in Article I, Section 8 of the United States Mr. WAXMAN, Mr. WELCH, Ms. WILSON United States. Constitution. of Florida, Mr. YARMUTH, Mr. HOLT, By Mr. COHEN: By Mr. SMITH of Washington: and Mr. VEASEY): H.R. 4609. H.R. 4620. H. Res. 577. A resolution recognizing Na- Congress has the power to enact this legis- Congress has the power to enact this legis- tional Foster Care Month as an opportunity lation pursuant to the following: lation pursuant to the following: to raise awareness about the challenges of Article 1, Section 8 of the United States Article I, Section 8, Clause 18 children in the foster care system, and en- Constitution By Mr. WITTMAN: couraging Congress to implement policy to By Mr. COHEN: H.R. 4621. improve the lives of children in the foster H.R. 4610. Congress has the power to enact this legis- care system; to the Committee on Ways and Congress has the power to enact this legis- lation pursuant to the following: Means. lation pursuant to the following: Article I, Section 8, Clause 1 By Mr. SABLAN: Article 1, Section 8 of the United States The Congress shall have Power to lay and H. Res. 578. A resolution expressing support Constitution collect Taxes, Duties, Imposts and Excises, for designation of the week of May 11, 2014, By Mr. COURTNEY: to pay the Debts and provide for the common through May 17, 2014, as ‘‘National Police H.R. 4611. Defence and general Welfare of the United Week’’; to the Committee on the Judiciary. Congress has the power to enact this legis- States; but all Duties, Imposts and Excises lation pursuant to the following: shall be uniform throughout the United This bill is introduced under the powers f States. granted to Congress under Article 1 of the Constitution. f MEMORIALS By Mr. DESANTIS: ADDITIONAL SPONSORS Under clause 3 of rule XII, memorials H.R. 4612. were presented and referred as follows: Congress has the power to enact this legis- Under clause 7 of rule XII, sponsors lation pursuant to the following: 199. The SPEAKER presented a memorial were added to public bills and resolu- Article I, Section 8 of the Constitution of tions, as follows: of the Legislature of the State of Nebraska, the United States. relative to Legislative Resolution 440 urging By Mr. GARCIA: H.R. 24: Ms. LOFGREN. the Congress to reauthorize federally pro- H.R. 4613. H.R. 274: Ms. SHEA-PORTER, Mr. DOYLE, Mr. vided terrorism reinsurance for insurers in Congress has the power to enact this legis- PETERSON, Mr. DAVID SCOTT of Georgia, and order to maintain stability in the insurance lation pursuant to the following: Mr. JOHNSON of Georgia. and reinsurance markets; to the Committee This bill is enacted pursuant to clause 3 of H.R. 455: Mrs. LOWEY. on Financial Services. section 8 of article 1 of the U.S. Constitution H.R. 494: Ms. KELLY of Illinois, Mr. BROOKS 200. Also, a memorial of the House of Rep- and clause 18 of section 8 of article 1 of the of Alabama, and Ms. ESTY. resentatives of the State of Arizona, relative U.S. constitution. H.R. 523: Ms. BROWNLEY of California. to House Memorial 2001 urging the Congress By Mr. HUFFMAN: H.R. 543: Mr. BISHOP of Utah and Ms. to restore the presumption of a service con- H.R. 4614. WASSERMAN SCHULTZ. nection between Agent Orange exposure and Congress has the power to enact this legis- H.R. 647: Mr. RENACCI. subsequent illnesses to United States Viet- lation pursuant to the following: H.R. 721: Mr. NUNNELEE. nam War veterans; to the Committee on Vet- Article IV, Section 3, Clause 2: ‘‘The Con- H.R. 831: Mr. MCDERMOTT, Mr. WELCH, and erans’ Affairs. gress shall have power to dispose of and Ms. KAPTUR.

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H.R. 958: Mr. VAN HOLLEN. H.R. 3610: Mr. PETERS of California, Mr. H.R. 4489: Ms. JACKSON LEE, Mr. PRICE of H. R. 962: Mr. POCAN. FRELINGHUYSEN, Mrs. BACHMANN, and Ms. North Carolina, Mr. DANNY K. DAVIS of Illi- H.R. 1008: Ms. KELLY of Illinois and Mr. WILSON of Florida. nois, Mr. THOMPSON of Mississippi, Mr. KILMER. H.R. 3649: Ms. KELLY of Illinois. LUETKEMEYER, Mrs. WAGNER, Ms. FUDGE, Ms. H.R. 1020: Mr. PETERS of Michigan. H.R. 3698: Mr. RICE of South Carolina. KELLY of Illinois, and Ms. CLARKE of New H.R. 1129: Mr. CICILLINE. H.R. 3708: Ms. ESTY and Mr. YOHO. York. H.R. 1146: Mr. KILMER. H.R. 3723: Mr. BILIRAKIS, Mr. JOHNSON of H.R. 4491: Mr. SCHOCK, Mr. ROONEY, Mr. ILMER H.R. 1148: Mr. K . Ohio, and Mr. BUCSHON. TERRY, Mr. MILLER of Florida, Mr. DIAZ- H.R. 1250: Mr. RICE of South Carolina and H.R. 3742: Mr. BILIRAKIS. BALART, Ms. ROS-LEHTINEN, Mr. BOUSTANY, Mr. ELLISON. OLAN ELLY H.R. 3747: Mr. N and Mr. K of Mr. CHABOT, Mrs. BLACK, and Mr. BILIRAKIS. H.R. 1354: Mr. RUNYAN. Pennsylvania. H.R. 4509: Mr. CA´ RDENAS. H.R. 1373: Mr. POCAN. H.R. 3749: Mr. DOYLE. H.R. 1427: Mr. COBLE. H.R. 3782: Mr. GRIJALVA. H.R. 4510: Mr. WESTMORELAND, Mr. LUETKE- H.R. 1449: Mrs. BACHMANN. H.R. 3852: Ms. DELAURO. MEYER, and Mrs. CAROLYN B. MALONEY of H.R. 1461: Mr. MILLER of Florida. H.R. 3877: Mr. YOHO. New York. H.R. 1462: Mr. MILLER of Florida, Mr. DIAZ- H.R. 3905: Ms. BROWNLEY of California. H.R. 4515: Mr. LANGEVIN, Mr. HONDA, Mr. BALART, and Mr. DEFAZIO. H.R. 3930: Mr. YODER and Mr. DAINES. HASTINGS of Florida, Mr. HOLT, and Mrs. H.R. 1518: Mr. SALMON. H.R. 3969: Mr. OLSON. NEGRETE MCLEOD. H.R. 1528: Ms. CLARK of Massachusetts and H.R. 3988: Mr. BERA of California, Ms. LOF- H.R. 4522: Mr. MORAN, Mr. CARTWRIGHT, and Mr. SIMPSON. GREN, and Mr. CARTWRIGHT. Mr. COURTNEY. H.R. 1573: Mr. POE of Texas. H.R. 4008: Mrs. BACHMANN. H.R. 4523: Mr. VELA and Mr. HINOJOSA. H.R. 1601: Mr. SCHIFF. H.R. 4067: Mr. LOEBSACK. H.R. 4531: Mrs. HARTZLER. H.R. 1717: Ms. BROWN of Florida. H.R. 4068: Mr. GARAMENDI and Mr. BACHUS. H.R. 1761: Ms. DUCKWORTH. H.R. 4119: Mr. HASTINGS of Florida. H.R. 4544: Mr. COSTA, Ms. BASS, Mr. H.R. 1801: Mrs. DAVIS of California and Ms. H.R. 4143: Mr. WILLIAMS. LOWENTHAL, Mr. ELLISON, and Mr. HUFFMAN. NORTON. H.R. 4158: Mr. CONAWAY. H.R. 4547: Mr. BROUN of Georgia. H.R. 1840: Mr. MCGOVERN. H.R. 4190: Mr. COURTNEY. H.R. 4552: Mrs. LOWEY. H.R. 1843: Ms. CLARK of Massachusetts. H.R. 4216: Mr. HONDA. H.R. 4557: Mr. SHERMAN. H.R. 1878: Mr. LOBIONDO. H.R. 4221: Ms. LOFGREN. H.R. 4567: Mr. KILMER. H.R. 2146: Mr. LIPINSKI and Mr. CART- H.R. 4225: Mr. PETERS of California. H.R. 4578: Mr. HASTINGS of Florida and Ms. WRIGHT. H.R. 4232: Mr. MCGOVERN and Ms. C OLLUM H.R. 2315: Mr. MURPHY of Pennsylvania. BORDALLO. M C . H.R. 2415: Mr. BILIRAKIS and Ms. NORTON. H.R. 4234: Mr. VISCLOSKY and Ms. TITUS. H.R. 4587: Mr. DESANTIS, Mr. MCCAUL, Ms. H.R. 2429: Ms. FOXX and Mrs. MCMORRIS H.R. 4237: Mr. KING of New York. WASSERMAN SCHULTZ, Mr. GRIMM, Mr. GRAY- RODGERS. H.R. 4261: Ms. CLARK of Massachusetts. SON, and Mr. BILIRAKIS. H.R. 2484: Mr. VEASEY. H.R. 4265: Mr. HUFFMAN and Mr. H.R. 4604: Mr. ROKITA, Mr. DUNCAN of H.R. 2495: Mr. KILMER. FALEOMAVAEGA. South Carolina, Mr. GOSAR, and Mr. PRICE of H.R. 2500: Mr. ROSS, Mr. PETERSON, Mr. H.R. 4351: Ms. EDDIE BERNICE JOHNSON of Georgia. BERA of California, and Mr. FARR. Texas. H.J. Res. 20: Ms. SPEIER. LLMERS H.R. 2520: Mr. CONNOLLY, Mr. HORSFORD, H.R. 4370: Mrs. E . H. Con. Res. 87: Mr. JONES and Ms. MCCOL- H.R. 4374: Mrs. ELLMERS. Mr. LARSON of Connecticut, and Mr. THOMP- LUM. SON of California. H.R. 4382: Mr. SCALISE. H. Res. 98: Mr. GENE GREEN of Texas. H.R. 2536: Mr. FARENTHOLD. H.R. 4383: Mr. STIVERS, Mr. KILMER, Mr. H. Res. 221: Mr. ELLISON. H.R. 2607: Mr. BISHOP of Georgia. PERLMUTTER, and Mr. HULTGREN. H.R. 2647: Mr. LOBIONDO. H.R. 4395: Mrs. CHRISTENSEN, and Mr. H. Res. 231: Mr. ROHRABACHER, Mr. YOUNG H.R. 2692: Ms. MATSUI. RAHALL. of Alaska, Mr. JORDAN, and Ms. SHEA-POR- H.R. 2744: Mrs. BACHMANN and Ms. H.R. 4411: Mr. BERA of California, Mr. TER. BROWNLEY of California. CICILLINE, Mr. CRAMER, Mr. DUNCAN of South H. Res. 329: Mr. GOWDY. H.R. 2807: Mr. GIBBS and Ms. EDDIE BERNICE Carolina, Mr. FRANKS of Arizona, Mr. GENE H. Res. 440: Mr. GRAYSON, Mr. DAVID SCOTT JOHNSON of Texas. GREEN of Texas, Mr. KILMER, Mr. MESSER, of Georgia, Mr. BOUSTANY, and Mr. RENACCI. H.R. 2827: Mr. KING of New York and Mr. Mr. MULVANEY, Mr. RIBBLE, Mr. SCHIFF, Mr. H. Res. 540: Ms. LINDA T. SA´ NCHEZ of Cali- HASTINGS of Florida. VALADAO, Mr. NOLAN, Mr. YOUNG of Indiana, fornia. H.R. 2870: Mr. FOSTER. Mr. STOCKMAN, Mr. JOYCE, and Mr. GARCIA. H. Res. 562: Mr. DIAZ-BALART. H.R. 2969: Mr. KING of Iowa. H.R. 4426: Ms. ESHOO. H. Res. 571: Mr. LOBIONDO, Mr. H.R. 3077: Mr. PETERSON. H.R. 4430: Mr. DUNCAN of South Carolina, FITZPATRICK, and Mr. MURPHY of Pennsyl- H.R. 3118: Ms. PINGREE of Maine. Mr. LONG, Mr. MATHESON, Mrs. MCMORRIS vania. H.R. 3184: Mr. STIVERS. RODGERS, and Mr. KINZINGER of Illinois. H.R. 3279: Mr. BYRNE. H.R. 4436: Mr. BUCSHON. H. Res. 573: Ms. MCCOLLUM, Ms. DELAURO, H.R. 3320: Mr. GRIFFIN of Arkansas. H.R. 4440: Mr. SIRES, Mrs. LOWEY, and Mr. Mr. HINOJOSA, Mr. CONYERS, Ms. KUSTER, Ms. H.R. 3339: Mrs. BACHMANN. MCNERNEY. KAPTUR, Mr. SCHIFF, Ms. ESTY, Mr. RUSH, H.R. 3344: Mr. HUIZENGA of Michigan. H.R. 4443: Mr. TONKO, Mr. HIGGINS, Ms. Ms. WASSERMAN SCHULTZ, Mr. PETERS of H.R. 3395: Mrs. BUSTOS. VELA´ ZQUEZ, Ms. MENG, and Mr. KING of New Michigan, Mr. LARSON of Connecticut, Ms. H.R. 3398: Mr. DELANEY, Ms. SPEIER, Ms. York. TITUS, Mr. HIGGINS, Mr. SARBANES, Mr. DIN- ROS-LEHTINEN, Mr. SCHOCK, Mr. SIRES, and H.R. 4447: Mr. AUSTIN SCOTT of Georgia, GELL, Mr. PAULSEN, Mrs. LUMMIS, Mr. HOYER, Mr. HASTINGS of Florida. Mr. MEADOWS, Mr. WEBER of Texas, and Mr. Mrs. CAROLYN B. MALONEY of New York, Mr. H.R. 3407: Mr. MCGOVERN. FINCHER. WAXMAN, Mr. VEASEY, Mr. BUTTERFIELD, Mr. H.R. 3510: Ms. LOFGREN, Mr. WAXMAN, Ms. H.R. 4450: Ms. MCCOLLUM, Mr. BARBER, and CARSON of Indiana, Mr. DANNY K. DAVIS of Il- ROYBAL-ALLARD, Mr. DEFAZIO, and Mr. Ms. DUCKWORTH. linois, Mrs. ELLMERS, Mr. SHERMAN, Mr. COHEN. H.R. 4459: Mr. DEUTCH. PRICE of North Carolina, Ms. CASTOR of Flor- H.R. 3530: Mr. PETERS of California, Mrs. H.R. 4460: Mr. VEASEY and Mr. MCNERNEY. ida, Ms. MICHELLE LUJAN GRISHAM of New BACHMANN, Mr. FRELINGHUYSEN, Mr. PEARCE, H.R. 4461: Ms. LEE of California, Mr. HOLT, Mexico, Mr. MCGOVERN, Mr. MCDERMOTT, and Mr. HUDSON. Mr. GRIJALVA, Ms. NORTON, Mrs. Ms. TSONGAS, Mr. GARAMENDI, Ms. MATSUI, H.R. 3543: Mr. POCAN. CHRISTENSEN, Mr. LOWENTHAL, Mr. HUFFMAN, Mr. CONNOLLY, Mr. MCCAUL, Mr. COOK, Mr. H.R. 3548: Mr. MORAN, Mr. PETERSON, Ms. Mr. NADLER, Mr. CARTWRIGHT, Mr. MCNER- KEATING, Mr. GRAYSON, Mr. COLLINS of Geor- JENKINS, and Ms. EDDIE BERNICE JOHNSON of NEY, Ms. WILSON of Florida, and Mr. MCGOV- gia, Mr. STOCKMAN, Mr. KENNEDY, Ms. MENG, Texas. ERN. and Mr. ISRAEL.

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Vol. 160 WASHINGTON, THURSDAY, MAY 8, 2014 No. 69 Senate The Senate met at 9:30 a.m. and was ods of this United States Senate and Code of 1986 to allow employers to exempt called to order by the Honorable JOHN the United States of America always be employees with health coverage under E. WALSH, a Senator from the State of to please thee. TRICARE or the Veterans Administration Montana. In Your holy, loving Name, Jesus, I from being taken into account for purposes pray. Amen. of the employer mandate under the Patient Protection and Affordable Care Act. PRAYER f The PRESIDING OFFICER. Today’s PLEDGE OF ALLEGIANCE SCHEDULE prayer will be offered by Trevor Bar- Mr. REID. Mr. President, following ton, Pastor of Hawk Creek Baptist The Presiding Officer led the Pledge Church in London, KY. of Allegiance as follows: my remarks and those of the Repub- The guest Chaplain offered the fol- I pledge allegiance to the Flag of the lican leader, the Senate time until 11:15 lowing prayer: United States of America and to the Repub- a.m. will be equally divided and con- Let us pray: lic for which it stands, one nation under God, trolled. indivisible, with liberty and justice for all. Gracious Lord, as the most high God There will be a series of votes begin- f who alone is sovereign over the King- ning at 11:15 today and another series doms of this world, we stand in awe of APPOINTMENT OF ACTING of votes at 1:45. This is to confirm a You. We stand in awe of Your faithful- PRESIDENT PRO TEMPORE number of nominations. There could be ness to this great Nation, whose his- The PRESIDING OFFICER. The as many as nine votes. We will see tory itself gives witness to Your gra- clerk will please read a communication what happens as the day goes on. cious providence. to the Senate from the President pro We are grateful to know that You are Yesterday I filed cloture on S. 2262, tempore (Mr. LEAHY). the author of our storied past, and we The assistant legislative clerk read the energy efficiency bill. As a result, are confidently optimistic to know the following letter: the filing deadline for all first degree that You are the architect of our amendments is today at 1 p.m. U.S. SENATE, blessed future. So as we move toward PRESIDENT PRO TEMPORE, OBSTRUCTIONISM that which You have prepared for us, Washington, DC, May 8, 2014. we pray for all of those who will lead To the Senate: Mr. REID. Mr. President, anyone who us toward that better tomorrow. Under the provisions of rule I, paragraph 3, watches the Senate on C–SPAN knows We pray that this Senate and our na- of the Standing Rules of the Senate, I hereby that the desks in the Senate Chamber tional leaders would have unparalleled appoint the Honorable JOHN E. WALSH, a are split between Democrats and Re- wisdom as they navigate the complex- Senator from the State of Montana, to per- publicans. But when I come to the Sen- form the duties of the Chair. ities ever before them. Enable them to ate Chamber anymore, we shouldn’t know what is best and to do what is PATRICK J. LEAHY, President pro tempore. have just Democrats and Republicans; best. we should have obstructionists. May they serve always with the most Mr. WALSH thereupon assumed the noble of intentions and be forever Chair as Acting President pro tempore. With the Democrats, there are 55 of found to be the epitome and essence of f us. With the Republicans, anymore, heroic statesmen as they exchange and RECOGNITION OF THE MAJORITY there are six or seven on a good day. debate the most important ideas of LEADER There are obstructionists of about 40, for sure, on any day. their day. The ACTING PRESIDENT pro tem- Give our leaders a compelling vision pore. The majority leader is recog- The legislators—Republicans who, for America’s future—a future that is nized. like Senate Democrats, are tired of all full of what could be and, more impor- f the useless obstruction, who want to tantly, a future of what should be. May get things done for Americans, and the HIRE MORE HEROES ACT OF 2014— the authority entrusted to them al- obstructionists—the guardians of grid- MOTION TO PROCEED ways be leveraged for the good of oth- lock, as the Republican leader has ers. Mr. REID. Mr. President, I move to proudly called himself—are playing May all of our leaders and every indi- proceed to Calendar No. 332, H.R. 3474. politics and constantly grinding the vidual who calls this Republic their The ACTING PRESIDENT pro tem- wheels of the Senate to a standstill, a home live their lives by the most pro- pore. The clerk will report the motion. found but simplistic of ethics: To love The assistant legislative clerk read stop. our neighbors as ourselves. Continue to as follows: Over the last few months, I have spo- preserve and protect this great democ- Motion to proceed to Calendar No. 332, ken with Republicans who are fed up racy. And may the motives and meth- H.R. 3474, to amend the Internal Revenue with obstructionism in this body. I

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

S2831

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I am happy to work with bill. serves as lead pastor at Hawk Creek them, as we did a few months ago with There are many other examples. Church in London, KY. He is a laid- the Child Care and Development Block After the legislation was blocked, the back guy, not big on fancy titles—the Grant. That is who I have always been senior Senator from Maine was quoted kind of pastor who would rather be in this Chamber. When I was the whip, as saying that she had never seen the preaching in blue jeans than a suit. my Republican colleagues knew I was Republican leader work so hard to de- But under his leadership, Hawk someone they could talk to and work feat a member of his own caucus. Creek has exploded from a tiny fellow- If my Republican counterpart wants with to get things done. ship to a congregation of well over 1,000 to keep blocking his own Senators’ bi- It is a shame the Republican leader souls. I hear some parishioners drive partisan efforts, go ahead. But it is not has decided that being the ‘‘proud all the way from Tennessee and Vir- good for the country. guardian of gridlock’’—his words, not ginia just to listen to his sermons. Ap- Eventually, members of his caucus parently, Pastor Trevor’s parishioners mine—is more important than working will break from the gridlock to get aren’t the only ones who have had a with us to get things done for the their constituents the help they need, long commute to Hawk Creek. I hear American people. just as a handful of Republicans did the pastor sometimes drove in from al- The Shaheen-Portman energy effi- with the extension of unemployment most an hour and a half away in Lex- ciency bill before the Senate is a per- benefits. fect example. They brought their bipar- Let me just say this. I am pleading to ington. He did it so he could be close to tisan legislation to the floor last Sep- Republicans to help us work. Let’s get his two young sons Shepherd and tember. Regrettably, a Republican Sen- things done. This is a good bill that de- Greyson and to his wife Allison as she ator on a one-man crusade against serves to pass. I invite my friend the worked on a residency at UK Hospital. health benefits for Senate staffers fili- Republican leader to listen to Members Still, Pastor Trevor has developed bustered the bill. But Senators SHA- of his own caucus who worked so hard important ties with the community in HEEN and PORTMAN didn’t give up. In- on this legislation. and around London. Hawk Creek does a stead, they worked with Democrats I know back home in Kentucky the lot of work with the Appalachian Chil- and Republicans for seven months to Republican leader said it wasn’t his job dren’s Home. His church also has an strengthen the bill, gaining more bi- to create jobs, but most of us around important partnership with the local partisan support along the way. here disagree with him and want to jail. Pastor Trevor’s sermons are piped This legislation will give our country work to create jobs. In this bill 200,000 in live and loud every Sunday for the more energy independence, protect our jobs will be created. inmates to hear. One of my staffers environment, and save American fami- So I say to my friend from Kentucky, told me she heard of Hawk Creek per- lies money on their energy bills. It also honor your Members’ efforts and the forming a baptism for about 70 inmates creates 200,000 jobs that can’t be ex- bipartisan compromise that created in a parking lot of that jail. ported. this legislation and allow us to vote on I think that says a lot about Hawk When the legislation was finalized, Shaheen-Portman. Bring this unneces- Creek Church, and it underscores some- Senators SHAHEEN and PORTMAN were sary obstruction to an end today and thing today’s guest Chaplain once said: ready to bring the bill to the Senate pass this energy efficiency legislation. Whether ‘‘you’ve messed up in the past, floor. In anticipation of the bill’s con- It is what Democrats want. It is what present, future, you are welcome’’ in sideration, Republicans who worked on Republicans want. More importantly, his church. this bill came to speak with me prior it is what the American people want So I am proud to introduce Pastor to the Easter recess. They told me the and need. Trevor today. We have been pleased to bill, which now includes 10 Republican- MEASURES PLACED ON THE CALENDAR—H.R. 2824 have him here as he dignified our pro- supported amendments, was ready for AND H.R. 3826 ceedings with a prayer. passage. They requested that I fill the Mr. President, there are two bills at Earlier this week, the Supreme Court legislative tree to ensure the bill would the desk due for a second reading. did the right thing by affirming his pass. The ACTING PRESIDENT pro tem- right to do so. I am delighted to wel- I repeat: Republican Senators want- pore. The clerk will read the bills by come this fellow Kentuckian as he car- ing to pass this bipartisan bill asked title for a second time. ries out this proud American tradition me to bring the bill to a vote as soon The assistant legislative clerk read SENATE DEBATE as possible—as is. as follows: Mr. President, the American people And that is what I did. A bill (H.R. 2824) to amend the Surface sent us to Washington to debate seri- For those Republicans acting in good Mining Control and Reclamation Act of 1977 ous issues. They expect us to take our to stop the ongoing waste by the Department faith, passage of the energy efficiency of the Interior of taxpayer resources and im- jobs seriously, to develop effective so- legislation was most important. Unfor- plement the final rule on excess spoil, min- lutions to the issues that matter to tunately, the obstructionist wing of ing waste, and buffers for perennial and them. That is our charge. Throughout the Republican caucus has decided once intermittent streams, and for other pur- our Nation’s history, the Senate has again to block this bill. But this time poses. been the place where the weightiest it is not the junior Senator from Lou- A bill (H.R. 3826) to provide direction to issues have been discussed and debated isiana bringing a bipartisan bill to a the Administrator of the Environmental and, in many cases, resolved. Protection Agency regarding the establish- screeching halt; it is the guardian of ment of standards for emissions of any It is where we wrestle with whether gridlock himself, my friend, the Repub- greenhouse gas from fossil fuel-fired electric to go to war. It is where we pass land- lican leader. utility generating units, and for other pur- mark bipartisan legislation such as the Senators PORTMAN, AYOTTE, COLLINS, poses. Civil Rights Act, the GI bill, and the HOEVEN, ISAKSON, MURKOWSKI, and Mr. REID. I object to further pro- Welfare Reform Act. But over the past WICKER have done good work on this ceedings with respect to these bills. several years, and very vividly in the legislation. What a shame they will see The ACTING PRESIDENT pro tem- past several months, that proud his- their efforts scrapped by my friend the pore. Objection is heard. tory has started to erode. Republican leader. The bills will be placed on the cal- Instead of a forum for debate and res- This isn’t the first time he has endar. olution of the most pressing domestic steamrolled members of his own cau- RECOGNITION OF THE MINORITY LEADER and international issues facing our Na- cus. For example, the Senate consid- The ACTING PRESIDENT pro tem- tion, it has become fodder for late- ered a bipartisan transportation bill. pore. The Republican leader is recog- night TV. When the American people Subcommittee Chairwoman PATTY nized. turn on C–SPAN these days they do not

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Overseas Service Ribbons, the NATO display of absurd political theater that On Iran, Republicans have tried for Medal, and the Combat Action Badge. has almost no relevance at all to their months to debate and vote on addi- Kenneth Michael Summers, Jeremy’s daily lives. tional sanctions to put an end to its father, says this about his son: It is quite disgraceful. But it is no nuclear program. We know a huge bi- He never hesitated to make a new soldier surprise either since the Democratic partisan majority would vote for in- feel welcome into the unit. There was one majority clearly ran out of ideas a long creased sanctions if the majority lead- soldier who said he was so scared because he time ago. Their refusal to engage in se- er would only allow the bill to come to was a newbie, but Jeremy stepped up and rious debate is just another symptom the floor. But he will not. Just as he helped him. [The other soldier] said for that, he was so thankful and would never forget of that. Senate Democrats are afraid to stopped us from voting to approve the Jeremy. That was a common story when sol- expose their party’s empty playbook, Keystone XL Pipeline yesterday, re- diers told us about their experiences with so they play games instead. They fill sulting in headlines such as this one Jeremy. the time with aimless diatribes against from the AP: ‘‘Democratic leader Jeremy was not only thoughtful and private citizens and legislative theat- blocks Senate vote on Keystone.’’ willing to help others, he was also a rics that are more about satisfying ‘‘Democratic leader blocks Senate dedicated and committed servicemem- their liberal patrons than addressing vote on Keystone.’’ ber, and I am sure it was due in part to the real concerns and anxieties of the In fact, at a time when we should his following the example that was set American middle class. have been debating energy, the major- for him. Both Jeremy’s father and It is all about revving up the far left ity leader refused to allow a single Re- mother, Laura Jo Summers, served in for them, so they will show up in No- publican amendment on energy this the Army. Jeremy, who graduated from vember and save the President’s Senate week—not a one. As I have noted in re- Bracken County High School in majority. That is the hope, at least. cent days, the Republican-led House Brooksville in 2002, enlisted in the But the larger point is this: As Wash- has offered Democrats 125 rollcall votes Army in March of 2005 and served for 6 ington Democrats seek to preserve on their amendments since last July. years. their hold on power, they are becoming Here in the Senate, the majority leader At the time of his deployment to Af- increasingly untethered from the daily has allowed us nine—nine—rollcall ghanistan, he was serving as a U.S. concerns of average Americans. votes on Republican amendments since Army forward scout observer and was That is why you are seeing the Sen- July. assigned to Headquarters and Head- ate lose its sense of purpose. That is But let me put a finer point on that. quarters Company, 2nd Battalion, 506th why you are not seeing any real de- Democrats in the House have received Infantry Regiment, 101st Airborne Di- bates. Instead of listening to the needs more than twice as many rollcall votes vision, based out of Fort Campbell, KY. of the middle class, they dance to the on energy-related amendments alone as Previously Jeremy had deployed to tune of the left. That is why you see we have received on all amendments both Iraq and Korea. Senate Democrats pushing legislation since July. That is not the way this Jeremy was a voracious reader and that would cost up to 1 million jobs—at body was meant to function. It is dis- loved to watch scary movies. He was a time when the middle class is prac- respectful to the millions of American known to indulge in a practical joke or tically begging us to create jobs. That citizens represented on the Republican two to scare his friends. Jeremy was is why you see Senate Democrats basi- side of the aisle. They deserve a chance also a bright student in school, who cally boasting that their legislative to be heard. earned a degree in computer engineer- The way the Senate operates these agenda was drafted by campaign staff- ing after his first tour of duty. Jeremy days is a travesty—no real debate, no ers—with no shame at all. And that is asked his parents for advice about re- amendments, no respect for the mil- why you see Senate Democrats killing enlisting and decided to continue serv- lions of Americans represented by the job creation bills the House sends us, ing his country in uniform. without even so much as a vote. minority party. It has become an arm Sergeant Summers has followed not No wonder the American people are of the Democratic Senatorial Cam- only the tradition of his parents but so disgusted with Washington. paign Committee. We owe the Amer- also the tradition of service of so many Wouldn’t you be? The majority’s antics ican people so much more than that. brave Kentucky men and women who It is time to focus on the middle class this week were particularly shameful. have worn our country’s uniform. They shook their fists and declared again—to let go of the obsession with ‘‘He felt more comfortable in the that global warming was the most im- the far left and the next election. It is military lifestyle than he did as a civil- portant issue of our age—that to stand time for the Senate to be the Senate ian,’’ Jeremy’s father recalls. ‘‘I reckon in the way of their preferred solutions again. it was only fitting . . . since he started would be, at best, immoral. They HONORING OUR ARMED FORCES life as a military brat and ended as an shouted it from the rooftops and, pre- SERGEANT JEREMY R. SUMMERS honorable soldier.’’ sumably, sent emails to leftwing sup- Mr. President, I want to speak today Speaking for his family, Jeremy’s fa- porters to let them know just how seri- about a brave young U.S. Army soldier ther continues on to say this: ous they were and how Republicans from my home State of Kentucky who Jeremy was a good listener, a great friend, were somehow holding things up. was lost in battle. SGT Jeremy R. an awesome brother and a terrific son. I wish What they did not tell their sup- Summers, of Brooksville, KY, perished all of you could have known him like we did. porters was that the Democrats’ own on July 14, 2011, from wounds suffered He is still one of our hearts’ greatest treas- majority leader, who also spoke force- when the enemy attacked his unit with ures. fully on the issue yesterday, has been small-arms fire in the Paktika Prov- Mr. President, we are thinking of blocking the Senate from voting on ince of Afghanistan. He was 27 years Sergeant Summers’ family today after global warming for years. Why? Be- old. the loss of one of their hearts’ greatest cause he does not want his fellow Sen- For his service in uniform, Sergeant treasures. These include his parents, ate Democrats to have to take a tough Summers received many awards, med- Kenneth Michael and Laura Jo Sum- vote and because he knows it would als, and decorations, including the mers; his grandparents Joyce Wagoner never pass a Chamber Democrats con- Bronze Star Medal, the Purple Heart and Mary Fowler, his siblings Austin trol anyway. Medal, two Army Commendation Med- Hunter and Jessica Elizabeth Sum- As I said, almost everything has be- als, the Army Achievement Medal, the mers, and many other beloved family come a show in the Senate now. The Army Good Conduct Medal, the Na- members and friends. needs of the middle class are simply tional Defense Service Medal, the Af- My colleagues and I here in the Sen- lost in the shuffle, and the institution ghanistan Campaign Medal with ate extend our greatest sympathies and

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Senators aren’t in a position to make That second memo wasn’t addressed by We are deeply humbled and honored an informed judgment about the nomi- the Second Circuit’s opinion and hasn’t to be the beneficiaries of his life of nee because of the way this administra- been disclosed publicly. service and his ultimate sacrifice. tion has handled the issue, so I wish to We also don’t know whether Pro- Without the bravery of men such as address our constitutional duty with fessor Barron wrote or was involved in SGT Jeremy R. Summers, our Nation respect to the nomination. producing other materials related to would not be free. Article II, Section 2, instructs us to the drone program that have yet to be RESERVATION OF LEADER TIME give advice and consent on the Presi- provided to the full Senate. For exam- The ACTING PRESIDENT pro tem- dent’s judicial nominees. That is not a ple, the Second Circuit has identified pore. Under the previous order, the procedural technicality, it is a con- two additional memos from the Office leadership time is reserved. stitutional imperative. These happen of Legal Counsel that it ruled were not Under the previous order, the time to be lifetime appointments, and the subject to disclosure under the Free- until 11:15 a.m. will be equally divided men and women we confirm to the Fed- dom of Information Act. Moreover, ac- between the two leaders or their des- eral bench play a vital role in the life cording to some media reports, there ignees. of our Republic. are quite a few additional memos on The Senator from Iowa. It is my view this body cannot, as the drone program. In fact, the Second BARRON NOMINATION things stand today, fully and appro- Circuit opinion repeats the ACLU’s Mr. GRASSLEY. Mr. President, I priately discharge its constitutional contention that there may be as many come to the Senate floor to discuss a duty to advise and consent with re- as 11 total memos related to this drone pending nomination, that of Harvard spect to this nominee. I will briefly ad- program. Law School Professor David Barron to dress some recent developments in the This fact didn’t escape the Second a seat on the First Circuit Court of Ap- courts that lead me to that conclusion. Circuit. In sending the case back to the peals. On April 21 of this year, the Second district court for further litigation, the This nomination is exceptionally Circuit issued an opinion in a Freedom circuit left open the possibility that controversial and was voted out of our of Information Act lawsuit brought by there might be other documents sub- committee, the Judiciary Committee, two New York Times reporters and the ject to disclosure down the road. The on a 10-to-8 vote. Even a cursory look American Civil Liberties Union against court said, after giving the government at Professor Barron’s record reveals the Department of Justice, the Depart- another chance to submit additional views on the Constitution and on fed- ment of Defense, and the CIA. That reasons for withholding the documents: eralism that are well outside the main- lawsuit began in December 2011 after ‘‘The district court may, as appro- stream. But I want to put all those the administration denied a Freedom priate, order the release of any docu- views aside and speak about this nomi- of Information Act request from the ments that are not properly withheld.’’ nation from another point of view. New York Times for documents on the Let me be very clear. My colleagues So today I discuss Professor Barron’s administration’s targeted killing of should be on notice that more of these service as Acting Assistant Attorney American citizens outside this country. documents very well may be made pub- General for the Office of Legal Counsel Specifically, the Times requested ‘‘a lic down the road. In my view, that is in 2009 and 2010. copy of all Office of Legal Counsel all the more reason for the full Senate According to multiple media sources, memorandums analyzing the cir- to receive all materials on the drone while heading up the Office of Legal cumstances under which it would be program, written by and related to Counsel, Professor Barron was instru- lawful for United States armed forces Professor Barron, from the Office of mental in formulating the legal argu- or intelligence community assets to Legal Counsel and do it now before ments that this administration used to target for killing a United States cit- Members decide and are held account- justify the targeted killing of Amer- izen who is deemed to be a terrorist.’’ able for their vote on this nominee. ican citizens by drone strikes. The administration refused to pro- It is impossible to overstate the im- According to press reports, Professor vide anything in response to that re- portance of these materials to our con- Barron wrote at least two legal opin- quest by the New York Times. In fact, sideration of Professor Barron’s nomi- ions laying out those arguments. We initially the administration wouldn’t nation. The memos and whatever other also know the Department of Justice even acknowledge that any responsive materials Professor Barron drafted as relied on the legal arguments Professor documents even existed, but as the liti- the acting head of the Office of Legal Barron formulated to justify the tar- gation developed, the Department of Counsel provides the legal framework geted killing of an American citizen in Justice identified a single document for the administration’s policies re- a tribal region of Yemen in September but claimed it was exempt from disclo- lated to killing American citizens 2011. sure under FOIA. That document is the abroad. We know this because the ad- In a May 2013 letter to the chairman so-called OLC-DOD memorandum. ministration itself has said so. In testi- of our Judiciary Committee, the Attor- Essentially, according to the Second mony before the Senate Select Com- ney General wrote that ‘‘since 2009, the Circuit, that is Professor Barron’s mittee on Intelligence, CIA Director United States, in the conduct of U.S. memo providing the legal justification Brennan testified that advice from the counterterrorism operations against for targeted killing of American citi- Office of Legal Counsel on the drone Al-Qaeda and its associated forces out- zens abroad with drones. Basically, the program ‘‘establishes the legal bound- side of areas of active hostilities, has court reasoned that because the admin- aries in which we can operate.’’ specifically targeted and killed one istration had leaked and then officially Once again, let me be clear. The Sen- U.S. citizen.’’ released the so-called Department of ate cannot properly discharge its duty According to press reports, that indi- Justice White Paper on the drone pro- to advise and consent on this nomina- vidual was the first American citizen gram, the administration then waived tion without having a full picture of placed on the CIA’s disposition matrix, any basis for withholding the Barron this nominee’s legal philosophy. A very better known as the kill list. However, drone memo under the Freedom of In- legitimate question is, How can the the Attorney General conceded that formation Act. Therefore, the Second Senate predict what kind of a judge he three additional Americans located Circuit ordered the administration to will be if we don’t know what kind of a outside the United States have been produce a redacted copy of this Barron lawyer he has been? killed by drone strikes since 2011. drone memo to the New York Times. The Senate simply cannot evaluate According to the Attorney General’s The Second Circuit’s opinion con- whether this nominee is fit for a life- letter, these Americans were killed firms that Professor Barron wrote this time appointment to one of the Na- even though they ‘‘were not specifi- drone memo. However, according to tion’s most important courts without

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Given the lack of clarity issues the Office of Legal Counsel has that transparency? thus far, I call on the White House to addressed in recent years; that is, the In fact, I am having a bit of a flash- provide every Senator with access to use of drones to kill American citizens back to a statement I made before this all Barron materials related to the ad- abroad. body just last week about another judi- ministration’s drone program. Time and again this President and cial nominee. That nominee led the ad- I am also calling on the White House even this Attorney General have prom- ministration’s effort to stonewall con- to comply with the Second Circuit’s ised transparency. They have made gressional oversight into the murder of order and release to the public—not these promises to us. They have made four Americans at our diplomatic mis- just to Senators—a redacted copy of promises to the American people. We sion in Benghazi. That nominee refused the Barron drone memo that it ad- all know in our oversight capacity of to comply with congressional sub- dressed in its opinion. This is the ad- trying to get information out of this poenas and assisted the administra- ministration’s legal obligation. administration that they haven’t deliv- tion’s unlawful withholding of docu- Our obligation, as Senators, is to en- ered on these promises. ments from Congress. The Benghazi sure our constituents have full access In that letter from the Department documents that should have been to information a Federal Court has or- of Justice to Chairman LEAHY that I turned over years ago weren’t released dered to be made public before we vote mentioned just a few minutes ago, the until a judge forced the administration on the nomination. Without full disclo- Attorney General claimed this admin- to turn over those documents by sure to the full Senate of all materials istration ‘‘has provided an unprece- issuing a court order in a Freedom of on this nominee’s involvement in the dented level of transparency as to how Information Act lawsuit. legal case for the administration’s sensitive counterterrorism operations Just like the memos I have been drone program, this nomination should are conducted.’’ The Attorney General talking about today, I am starting to not proceed. also wrote that the administration was see a pattern, and I am starting to un- I suggest the absence of a quorum. taking all steps to ensure that congres- derstand what this administration The ACTING PRESIDENT pro tem- sional committees ‘‘are fully informed means by the word ‘‘transparency.’’ It pore. The clerk will call the roll. of the legal basis’’ for targeted killings means ‘‘show me a court order first.’’ The legislative clerk proceeded to of American citizens. Incidentally, I have been for more call the roll. Again, those assertions aren’t accu- transparency at the Office of Legal Mr. REED. Mr. President, I ask unan- rate when it comes to this nominee’s Counsel for years, and even more so imous consent that the order for the track record at the Department of Jus- since January, when President Obama quorum call be rescinded. tice. If press reports are accurate, this threatened to aggressively use Execu- The ACTING PRESIDENT pro tem- administration hasn’t made all the rel- tive orders to circumvent Congress. It pore. Without objection, it is so or- evant materials available to all Mem- is the job of the Office of Legal Counsel dered. bers of this body yet. I am not the first to ensure that Executive orders are ENERGY SAVINGS Member of this body to point this out. constitutional. Mr. REED. Mr. President, I rise I give several of my Democrat col- On January 31 I wrote the Attorney today to express my support for the leagues credit for publicly drawing at- General to ask him to disclose the Of- Energy Savings and Industrial Com- tention to this administration’s short- fice of Legal Counsel’s work related to petitiveness Act. comings in respect to this administra- Executive orders issued by the Presi- While there is much more to be done tion sufficiently giving us information. dent. I still haven’t received a re- on energy issues, we have an oppor- I agree with them that this nomination sponse. tunity with this bill to make strides in cannot go forward until this body, I will also note that Professor Barron increasing energy efficiency across every Member of this body, is given ac- himself has gone on record publicly and many sectors of our economy—from cess to any and all secret legal opin- urged increased transparency at his schools and homes to commercial ions this nominee wrote on this critical former workplace, the Office of Legal buildings, industry, and manufac- issue of the constitutional basis for the Counsel, and for that we ought to give turing. President subjecting an American to him due credit. I commend my colleagues, Senators killing by drone without trial. Every In fact, the nominee said this about SHAHEEN and PORTMAN, for their tire- legal opinion this nominee wrote re- the OLC—the Office of Legal Counsel: less efforts to craft a bipartisan energy lated to this issue ought to be made OLC should follow a presumption in favor efficiency bill that has the support of a available. I wholeheartedly concur in of timely publication of its written legal diverse range of businesses and envi- the sentiment of my colleagues, some opinions. Such disclosure helps to ensure ex- ronmental and labor groups. This dem- of them Democrats, on this issue. ecutive branch adherence to the rule of law onstrates the broad consensus that Again, I think all Senators should and guard against excessive claims of execu- being smarter about how we use energy bear in mind that these documents tive authority. will help strengthen our economy, cre- may very well become public in the fu- It couldn’t be said any better by me ate jobs, improve our energy security, ture. Are Senators who are up for re- in regard to the letter I wrote on Janu- and protect our environment. Investing election in a few short months ready to ary 31. He went on to say: in a cleaner, more efficient energy sys- vote on this nominee without knowing . . . transparency also promotes confidence tem is one of the fastest, most cost-ef- the full extent of his writings on a in the lawfulness of government action. fective ways to increase our global topic as serious as the killing of an That is a very admirable standard. I competitiveness, support job growth, American citizen by a drone? Are those would like to call it the Barron stand- and save families and businesses money Senators ready to go home to face ard, and I hope the administration fol- through improved efficiency and re- their constituents and explain that lows the Barron standard with respect duced energy consumption. they cast a vote on that nominee with- to informing the full Senate about this I have been particularly focused on out knowing all of the facts? nominee’s work in the Office of Legal addressing the burden of high energy On Tuesday the administration an- Counsel. The administration’s offer to costs on families and businesses in my nounced it will provide the full Senate disclose the memo it was already or- home State of Rhode Island. One of the access to the Barron drone memo that dered to make public by a court isn’t most pressing, far-reaching, and com- it was ordered to make public by the good enough, and it shouldn’t be good plex challenges we face in Rhode Island Second Circuit. enough for the other 99 Senators, be- is the high cost of energy to power and Is this what the most transparent ad- cause this is already their legal obliga- heat homes and businesses. Rhode Is- ministration in American history looks tion. land and the New England region face like, disclosing a memo that a court The administration must turn over significant energy transmission and has already ordered it to disclose? not only the memo addressed by the distribution challenges, which results

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2836 CONGRESSIONAL RECORD — SENATE May 8, 2014 in consumers and businesses in the re- cost of heating and powering our Since Senate Republicans have gion experiencing some of the highest, homes and businesses. blocked every single judicial nominee most volatile energy costs in the coun- While we should certainly do much this year from receiving an up-or-down try. These high energy costs are hurt- more to advance our national energy vote, it comes as no surprise that they ing Rhode Island families and busi- policy—and I hope that we can take would attempt to block Mr. Barron as nesses, threatening the growth of our greater steps very soon—I urge my col- well. This is nothing new. As for the economy, and reducing our competi- leagues to join me now in supporting Justice Department memo, the major- tiveness. the Shaheen-Portman energy effi- ity leader and I have urged the admin- After paying their monthly home en- ciency bill. istration to make the memo available ergy bills, Rhode Island families, who I once again commend those two Sen- to all Senators, and the administration have been hit particularly hard during ators for their extraordinarily thought- has agreed. All Senators can review it this period of high unemployment, are ful, conscientious, and determined for themselves. All members of the Ju- left with few resources to meet other leadership. Now we must follow their diciary Committee were previously basic needs. High energy costs also example and pass this legislation. able to review this memo, and now that place Rhode Island businesses, manu- BARRON NOMINATION his nomination is before the full Sen- factures, and industrial users at a com- Mr. LEAHY. Mr. President, earlier ate, it makes sense that all Senators petitive disadvantage. To revitalize today, the ranking member requested will have that opportunity. Rhode Island’s rich manufacturing his- that the administration provide mate- tory, we must find ways to lower en- rials relating to Anwar Al-Awlaki so I am confident that once we proceed ergy costs. that all Senators would be able to with Mr. Barron’s nomination, Sen- These were among the issues ex- properly evaluate Mr. Barron’s nomi- ators will vote to confirm him. He is plored when I welcomed Secretary nation. The administration has now brilliant nominee who is currently a Moniz to Providence last month as part made available unredacted copies of professor at Harvard Law School. He is of the Administration’s outreach on any memo issued by Mr. Barron regard- a nationally recognized expert on con- the Quadrennial Energy Review. Sec- ing the potential use of lethal force stitutional law, the separation of pow- retary Moniz had the opportunity to against Anwar Al-Awlaki. I hope and ers, administrative law, and fed- hear directly from Rhode Islanders im- expect that all Senators will review eralism. He clerked on the U.S. Su- pacted by high energy costs and engage these materials today. preme Court for Justice John Paul Ste- in a dialogue of potential solutions. Mr. President, I yield the floor, and I vens. Justice Stevens has such high re- While I continue working with my would note the absence of a quorum. gard for Mr. Barron that the Justice New England colleagues to find long- The ACTING PRESIDENT pro tem- attended his nomination hearing. term solutions to ensure an affordable, pore. The clerk will call the roll. Mr. Barron has been an outstanding cleaner, and more reliable energy sys- The legislative clerk proceeded to law professor and public servant. He tem for the region, one of the things we call the roll. has the credentials, expertise, and tem- can do to help families and businesses The PRESIDING OFFICER (Mr. perament to make an outstanding in our States right now is to pass the BOOKER). The Senator from New Hamp- judge. As the acting head of the De- Shaheen-Portman energy efficiency shire. bill. Mrs. SHAHEEN. Mr. President, I ask partment of Justice’s Office of Legal Addressing the existing energy infra- unanimous consent that the order for Counsel in the beginning of the Obama structure constraints in New England the quorum call be rescinded. administration, one of Mr. Barron’s is just one piece of the puzzle. Energy The PRESIDING OFFICER. Without first actions was to withdraw several of efficiency will also be an important objection, it is so ordered. the torture memos that OLC issued during the Bush administration that tool in reducing demand, lowering en- f ergy costs, and addressing and main- found ‘‘enhanced interrogation tech- taining the reliability of our energy EXECUTIVE SESSION niques’’ lawful, including sleep depriva- system. The PRESIDING OFFICER. Under tion, stress positions, and Improved efficiency not only saves the previous order, the Senate will pro- waterboarding. families and businesses directly on ceed to executive session. Mr. Barron has stood up for the their energy bills, but by also reducing Mr. LEAHY. Mr. President, today, we rights of gay and lesbian students. In demand, it helps to alleviate stress on are again voting to overcome Repub- 2005, he coauthored amici briefs in the the power system and can help miti- lican filibusters of four highly qualified case Rumsfeld v. FAIR, which chal- gate volatile price spikes in the New judicial nominees. The nominees are lenged the Solomon Amendment. The England region, as we witnessed over Judge Robin Rosenbaum to fill an Solomon Amendment provided that if the last several months. emergency vacancy on the U.S. Court an institution of higher education de- I would also like to take a moment of Appeals for the Eleventh Circuit; nies military recruiters or ROTC pro- to speak about an amendment I have Indira Talwani to fill a vacancy on the grams access to campus, the entire in- joined Senators COONS and COLLINS in U.S. District Court for the District of stitution would lose certain Federal filing to this bill to reauthorize the Massachusetts; James Peterson to fill funds. Until 2011, the Department of Weatherization Assistance Program. I, an emergency vacancy on the U.S. Dis- Defense discriminated based on sexual along with Senator COLLINS, yearly trict Court for the Western District of orientation, and many universities did Wisconsin; and Nancy Rosenstengel to lead the fight in the Senate for funding not permit discrimination on campus. fill an emergency vacancy on the U.S. for the Weatherization and State En- In response to a question for the record ergy Programs. This amendment would District Court for the Southern Dis- from Senator GRASSLEY on the issue, reauthorize and enhance these two trict of Illinois. Mr. Barron said: ‘‘With respect to my well-established, cost-effective energy Before proceeding with the qualifica- participation along with other faculty programs that support jobs, contribute tions of these four judicial nominees, I members and my dean as amici in to the Nation’s economic recovery, and would like to address some questions Rumsfeld v. FAIR, I believed it was im- help meet important goals, such as im- regarding the nomination of David Bar- portant as a faculty member at Har- proving energy efficiency and lowering ron. Mr. Barron has been nominated to vard Law School to help in the effort energy costs. fill a vacancy on the U.S. Court of Ap- I know that we have many supporters peals for the First Circuit. There have to ensure that gay and lesbian students of the Weatherization and State En- been press accounts that Senate Re- at my institution continued to have ergy Programs here in the Senate, and publicans are placing a hold on Mr. equal opportunities to seek legal em- ployment.’’ I look forward to continuing to work BARRon’s nomination because they are with each of you to ensure that these seeking access to a Justice Department Mr. Barron is truly an outstanding important programs remain successful memorandum regarding Anwar Al- nominee, and I hope all Senators will in improving energy efficiency, cre- Awlaki, an Al Qaeda leader who was support his nomination when it comes ating jobs, and reducing the overall killed by a U.S. drone strike in Yemen. up.

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — SENATE S2837 Today, we will vote to end the fili- the U.S. District Court for the South- Mr. DURBIN. I announce that the busters of four other very highly quali- ern District of Illinois. She has served Senator from Minnesota (Mr. fied nominees. since 2009 as the clerk of court to the FRANKEN), the Senator from Minnesota Judge Robin Rosenbaum has been U.S. District Court for the Southern (Ms. KLOBUCHAR), and the Senator from nominated to fill an emergency va- District of Illinois. She previously Arkansas (Mr. PRYOR) are necessarily cancy on the U.S. Court of Appeals for served for 11 years as a career law clerk absent. the Eleventh Circuit. She has served to Judge G. Patrick Murphy of the U.S. Mr. CORNYN. The following Senator since 2012 as a U.S. district judge in the District Court of the Southern District is necessarily absent: the Senator from Southern District of Florida, where she of Illinois. As a career law clerk, she Arkansas (Mr. BOOZMAN). was previously a U.S. magistrate judge. assisted Judge Murphy in hundreds of The PRESIDING OFFICER. Are there Prior to her judicial service, she served civil and criminal cases. She also any other Senators in the Chamber de- as an assistant U.S. attorney in the worked in private practice at siring to vote? Southern District of Florida from 1998 Sandberg, Phoenix, & von Gontard as The yeas and nays resulted—yeas 55, to 2007. Judge Rosenbaum has pre- an associate from 1993 to 1998. She nays 41, as follows: viously practiced at Holland & Knight, earned her B.A. cum laude from the [Rollcall Vote No. 134 Ex.] LLP, and as a trial attorney in the U.S. University of Illinois in 1990. She YEAS—55 Department of Justice, Civil Division. earned her J.D. with honors from the Ayotte Harkin Nelson In 1998, she served as a law clerk to Southern Illinois University Law Baldwin Heinrich Reed Judge Stanley Marcus of the U.S. Elev- Begich Heitkamp Reid School in 1993, where she was as an edi- Bennet Hirono Rockefeller enth Circuit Court of Appeals. She has tor on the Southern Illinois University Blumenthal Johnson (SD) Sanders the bipartisan support of her home Law Journal. She has the bipartisan Booker Kaine Schatz Boxer King state senators, Senator NELSON and support of her home State senators, Schumer Brown Landrieu Shaheen Senator RUBIO. The Judiciary Com- URBIN IRK Cantwell Leahy Senator D and Senator K . The Stabenow Cardin Levin mittee reported her nomination by Judiciary Committee reported her Tester Carper Manchin voice vote to the full Senate on March Udall (CO) nomination by voice vote to the full Casey Markey 6, 2014. Senate on March 6, 2014. Collins McCaskill Udall (NM) Indira Talwani has been nominated Each of these nominees has the expe- Coons Menendez Walsh to fill a vacancy on the U.S. District rience, judgment, and legal acumen to Donnelly Merkley Warner Court for the District of Massachu- Durbin Mikulski Warren be good judges in our Federal courts. I Feinstein Murkowski Whitehouse setts. She has worked in private prac- thank the majority leader for filing Gillibrand Murphy Wyden tice at Segal Roitman, LLP, since 1999 cloture petitions, and I hope my fellow Hagan Murray and has been a partner at the firm Senators will join me today to end NAYS—41 since 2003. She has previously practiced these filibusters so that these nomi- Alexander Flake Moran at the law firm of Altshuler Berzon nees can get working on behalf of the Barrasso Graham Paul LLP, where she was also a partner. American people. Blunt Grassley Portman After graduating from law school, Ms. Mrs. SHAHEEN. I ask unanimous Burr Hatch Risch Talwani served as law clerk to Judge Chambliss Heller Roberts consent that all time be yielded back. Coats Hoeven Rubio Stanley Weigel of the U.S. District The PRESIDING OFFICER. Without Coburn Inhofe Scott Court for the Northern District of Cali- objection, it is so ordered. Cochran Isakson Sessions Corker Johanns fornia. She has the support of her home Shelby f Cornyn Johnson (WI) Thune State senators, Senator WARREN and Crapo Kirk Toomey Senator MARKEY. The Judiciary Com- CLOTURE MOTION Cruz Lee Vitter mittee reported her favorably to the The PRESIDING OFFICER. Under Enzi McCain Fischer McConnell Wicker full Senate by voice vote on February the previous order, pursuant to rule 6, 2014. XXII, the Chair lays before the Senate NOT VOTING—4 James Peterson has been nominated the pending cloture motion, which the Boozman Klobuchar to fill an emergency vacancy on the clerk will state. Franken Pryor U.S. District Court for the Western The assistant legislative clerk read The PRESIDING OFFICER. On this District of Wisconsin. He has worked in as follows: vote the yeas are 55, the nays are 41. private practice at Godfrey & Kahn, CLOTURE MOTION The motion is agreed to. S.C., since 1999, where he has been a The majority leader. We, the undersigned Senators, in accord- Mr. REID. Mr. President, the last shareholder since 2007. Mr. Peterson ance with the provisions of rule XXII of the has served as lead counsel on at least Standing Rules of the Senate, hereby move vote was about 10 minutes over time. 15 civil cases that have been litigated to bring to a close debate on the nomination We waited patiently for everyone. For to judgment. He has also actively par- of Indira Talwani, of Massachusetts, to be the next two votes, at the end of the ticipated in nine jury trials, three of United States District Judge for the District time we are going to cut it off. We have which he was lead counsel. Mr. Peter- of Massachusetts. a lot of things going on during lunch- son has briefed and argued civil appeals Harry Reid, Patrick J. Leahy, Mazie K. time. Hirono, Dianne Feinstein, Al Franken, If you are not here, you are not going at the U.S. Court of Appeals for the Jack Reed, Amy Klobuchar, Robert P. Seventh Circuit, the Federal Circuit, to be counted. We can’t be waiting be- Casey, Jr., Sheldon Whitehouse, Ben- cause it is impolite and unfair to ev- and the Wisconsin Supreme Court. He jamin L. Cardin, Tom Harkin, Barbara erybody else. We have two more votes. has also authored two amicus briefs at Boxer, Richard Blumenthal, Edward J. I yield back the time on the two the U.S. Supreme Court. In addition to Markey, Richard J. Durbin, Charles E. Schumer, Elizabeth Warren. judges. his legal practice, Mr. Peterson has We are going to have a third vote served as an adjunct instructor at the The PRESIDING OFFICER. By unan- that will be by voice vote. University of Wisconsin Law School. imous consent, the mandatory quorum Ms. LANDRIEU. Mr. President, could The ABA Standing Committee on the call has been waived. this be a 10-minute vote? Federal Judiciary unanimously rated The question is, is it the sense of the Mr. REID. It is. Mr. Peterson ‘‘well qualified’’ to serve Senate that debate on the nomination The PRESIDING OFFICER. Without on the Western District of Wisconsin of Indira Talwani, of Massachusetts, to objection, all time is yielded back. Court, its highest rating. He has the bi- be United States District Judge for the f partisan support of his home State sen- District of Massachusetts, shall be ators, Senator JOHNSON and Senator brought to a close? NOMINATION OF INDIRA TALWANI BALDWIN. The Judiciary Committee re- The yeas and nays are mandatory TO BE UNITED STATES DISTRICT ported him favorably to the full Senate under the rule. JUDGE FOR THE DISTRICT OF by voice vote on February 6, 2014. The clerk will call the roll. MASSACHUSETTS Nancy Rosenstengel has been nomi- The assistant legislative clerk called The PRESIDING OFFICER. The nated to fill an emergency vacancy on the roll. clerk will report the nomination.

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2838 CONGRESSIONAL RECORD — SENATE May 8, 2014 The bill clerk read the nomination of Enzi Johanns Rubio [Rollcall Vote No. 136 Ex.] Indira Talwani, of Massachusetts, to be Fischer Kirk Scott YEAS—54 Flake Lee Sessions United States District Judge for the Graham McCain Shelby Baldwin Harkin Murray District of Massachusetts. Grassley McConnell Thune Begich Heinrich Nelson Hatch Moran Toomey Bennet Heitkamp Reed f Heller Paul Vitter Blumenthal Hirono Reid Booker Johnson (SD) Rockefeller Hoeven Portman Wicker CLOTURE MOTION Inhofe Risch Boxer Kaine Sanders Isakson Roberts Brown King Schatz The PRESIDING OFFICER. Under Cantwell Landrieu Schumer the previous order, pursuant to rule NOT VOTING—4 Cardin Leahy Shaheen XXII, the Chair lays before the Senate Boozman Klobuchar Carper Levin Stabenow Franken Pryor Casey Manchin Tester the pending cloture motion, which the Collins Markey Udall (CO) clerk will state. The PRESIDING OFFICER. On this Coons McCaskill Udall (NM) The bill clerk read as follows: vote the ayes are 56, the nays are 40. Donnelly Menendez Walsh The motion is agreed to. Durbin Merkley Warner CLOTURE MOTION Feinstein Mikulski Warren We, the undersigned Senators, in accord- f Gillibrand Murkowski Whitehouse Hagan ance with the provisions of rule XXII of the NOMINATION OF JAMES D. PETER- Murphy Wyden Standing Rules of the Senate, hereby move SON TO BE UNITED STATES DIS- NAYS—42 to bring to a close debate on the nomination TRICT JUDGE FOR THE WEST- Alexander Fischer McConnell of James D. Peterson, of Wisconsin, to be ERN DISTRICT OF WISCONSIN Ayotte Flake Moran United States District Judge for the Western Barrasso Graham Paul District of Wisconsin. The PRESIDING OFFICER. The Blunt Grassley Portman Harry Reid, Patrick J. Leahy, Mazie K. clerk will report the nomination. Burr Hatch Risch Hirono, Dianne Feinstein, Al Franken, Chambliss Heller Roberts The legislative clerk read the nomi- Coats Hoeven Rubio Jack Reed, Amy Klobuchar, Robert P. nation of James D. Peterson, of Wis- Coburn Inhofe Scott Casey, Jr., Sheldon Whitehouse, Ben- consin, to be United States District Cochran Isakson Sessions jamin L. Cardin, Tom Harkin, Barbara Corker Johanns Shelby Boxer, Richard Blumenthal, Edward J. Judge for the Western District of Wis- Cornyn Johnson (WI) Thune Markey, Richard J. Durbin, Charles E. consin. Crapo Kirk Toomey Schumer, Elizabeth Warren. f Cruz Lee Vitter Enzi McCain Wicker The PRESIDING OFFICER. By unan- CLOTURE MOTION imous consent, the mandatory quorum NOT VOTING—4 The PRESIDING OFFICER. Under call has been waived. Boozman Klobuchar the previous order, pursuant to rule Franken Pryor The question is, Is it the sense of the XXII, the Chair lays before the Senate Senate that the debate on the nomina- The PRESIDING OFFICER. On this the pending cloture motion, which the tion of James D. Peterson, of Wis- vote the yeas are 54, the nays are 42. clerk will state. consin, to the United States District The motion is agreed to. The legislative clerk read as follows: Judge for the Western District of Wis- f consin, shall be brought to a close? The CLOTURE MOTION We, the undersigned Senators, in accord- NOMINATION OF NANCY J. yeas and nays are mandatory under the ROSENSTENGEL TO BE UNITED rule. ance with the provisions of rule XXII of the Standing Rules of the Senate, hereby move STATES DISTRICT JUDGE FOR The clerk will call the roll. to bring to a close debate on the nomination THE SOUTHERN DISTRICT OF IL- The bill clerk called the roll. of Nancy J. Rosenstengel, of Illinois, to be LINOIS Mr. DURBIN. I announce that the United States District Judge for the South- Senator from Minnesota (Mr. ern District of Illinois. The PRESIDING OFFICER. The clerk will report the nomination. FRANKEN), the Senator from Minnesota Harry Reid, Patrick J. Leahy, Mazie K. The bill clerk read the nomination of (Ms. KLOBUCHAR), and the Senator from Hirono, Dianne Feinstein, Al Franken, Nancy J. Rosenstengel, of Illinois, to Arkansas (Mr. PRYOR) are necessarily Jack Reed, Amy Klobuchar, Robert P. Casey, Jr., Sheldon Whitehouse, Ben- be United States District Judge for the absent. jamin L. Cardin, Tom Harkin, Barbara Southern District of Illinois. Mr. CORNYN. The following Senator Boxer, Richard Blumenthal, Edward J. f is necessarily absent: the Senator from Markey, Richard J. Durbin, Charles E. Arkansas (Mr. BOOZMAN). Schumer, Elizabeth Warren. NOMINATION OF PAMELA K. The PRESIDING OFFICER. (Ms. The PRESIDING OFFICER. By unan- HAMAMOTO TO BE REPRESENTA- BALDWIN). Are there any other Sen- imous consent, the mandatory quorum TIVE OF THE UNITED STATES OF ators in the Chamber desiring to vote? call has been waived. AMERICA TO THE OFFICE OF The yeas and nays resulted—yeas 56, The question is, Is it the sense of the THE UNITED NATIONS AND nays 40, as follows: Senate that debate on the nomination OTHER INTERNATIONAL ORGANI- [Rollcall Vote No. 135 Ex.] of Nancy J. Rosenstengel, of Illinois, to ZATIONS IN GENEVA, WITH THE YEAS—56 be United States District Judge for the RANK OF AMBASSADOR Ayotte Harkin Murray Southern District of Illinois, shall be The PRESIDING OFFICER. Under Baldwin Heinrich Nelson brought to a close? the previous order, the clerk will re- Begich Heitkamp Reed The yeas and nays are mandatory Bennet Hirono port the Hamamoto nomination. Reid under the rule. Blumenthal Johnson (SD) Rockefeller The bill clerk read the nomination of Booker Johnson (WI) Sanders The clerk will call the roll. Pamela K. Hamamoto, of Hawaii, to be Boxer Kaine Schatz The legislative clerk called the roll. Representative of the United States of Brown King Schumer Mr. DURBIN. I announce that the Cantwell Landrieu America to the Office of the United Na- Shaheen Cardin Leahy Senator from Minnesota (Mr. tions and Other International Organi- Stabenow Carper Levin FRANKEN), the Senator from Minnesota Tester zations in Geneva, with the rank of Casey Manchin (Ms. KLOBUCHAR), and the Senator from Collins Markey Udall (CO) Ambassador. Coons McCaskill Udall (NM) Arkansas (Mr. PRYOR) are necessarily The PRESIDING OFFICER. The Sen- Donnelly Menendez Walsh absent. ator from Pennsylvania. Durbin Merkley Warner Mr. CORNYN. The following Senator Mr. CASEY. Madam President, I ask Feinstein Mikulski Warren is necessarily absent: the Senator from Gillibrand Murkowski Whitehouse unanimous consent that all time be Hagan Murphy Wyden Arkansas (Mr. BOOZMAN). yielded back. The PRESIDING OFFICER. Are there The PRESIDING OFFICER. Without NAYS—40 any other Senators in the Chamber de- objection, it is so ordered. Alexander Chambliss Corker siring to vote? All time is yielded back. Barrasso Coats Cornyn Blunt Coburn Crapo The yeas and nays resulted—yeas 54, The question is, Will the Senate ad- Burr Cochran Cruz nays 42, as follows: vise and consent to the nomination of

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — SENATE S2839 Pamela K. Hamamoto, of Hawaii, to be for 2013, an award at its 16th Annual inside of Syria itself. The violence is so Representative of the United States of Crimes Victims’ Rights Conference. terrible that the United Nations has America to the Office of the United Na- Mindful that domestic and sexual vio- stopped estimating the death toll. Ac- tions and Other International Organi- lence is a scourge not just throughout cording to the Syrian Observatory for zations in Geneva, with the rank of Northwest Kansas but throughout our Human Rights, at least 150,000 Syrians Ambassador? State and society, Charlotte told the have been killed. This conflict has had The nomination was confirmed. audience: a disproportionate effect on children in The PRESIDING OFFICER. The Sen- Options accepts this award in honor of all Syria. A Save the Children report indi- ator from Pennsylvania. advocates and domestic/sexual programs cates that at least 1.2 million children Mr. CASEY. Mr. President, I ask across the State. Advocates go to work each have fled to neighboring countries unanimous consent that the time until day to find safety for victims. while about 10,000 have died in the vio- 1:45 p.m. be equally divided. Charlotte would be the first to say lence. The PRESIDING OFFICER. Is there that great things cannot happen The Assad regime has used every objection? through one person’s work alone. So I available tactic to terrorize the Syrian Without objection, it is so ordered. also wish to commend all who staff Op- people. Some civilians have resorted to Mr. CASEY. Madam President, the tions, who sit on its board of directors, eating grass as desperately needed hu- Senator from Kansas will speak and who raise money, and the outside manitarian and food aid has been with- then I will follow. groups and individuals who tirelessly held from besieged communities. The The PRESIDING OFFICER. Without work to protect the vulnerable in our whir of helicopter blades above por- objection, it is so ordered. communities. I also want to acknowl- tends barrel bomb strikes that we have The Senator from Kansas. edge her husband Larry and her four heard so much about that could easily Mr. MORAN. I ask unanimous con- children, who have supported her as land on a school, a hospital or an sent to speak as in morning business. she has devoted so much of her life and apartment block. For example, on The PRESIDING OFFICER. Without so much of her time to helping other April 30, Assad’s air force dropped a objection, it is so ordered. families. barrel bomb on an elementary school TRIBUTE TO CHARLOTTE LINSNER Charlotte is retiring but not until in Aleppo. This attack killed 25 chil- Mr. MORAN. Madam President, I am July 1, and for as long as she is on the dren. This kind of activity by the here this afternoon to pay tribute to an job she is hard at work to solidify her Assad regime is, in a word, intolerable. exceptional woman in my hometown. agency’s mission. She will lead a cap- Yesterday the remaining opposition She is retiring from a career of aiding ital campaign with the goal of $250,000, fighters in Homs, once an opposition victims of domestic violence across and once the day comes, she will men- stronghold, were evacuated under U.N. Northwest Kansas. Charlotte Linsner tor the new executive director. Not supervision. If my colleagues here in in Hays, KS, is concluding more than only that but she plans to still work the Senate have not yet seen the im- 25 years of service to Options Domestic once a month at the shelter house as ages of Homs, I would urge each of and Sexual Violence Services with half an advocate, which is how she started them to take a look at them. The an- of her time in the role as its executive her career. cient city of Homs is absolutely de- director. Charlotte leaves huge shoes to fill for stroyed. In the midst of this, Mr. Assad Back home, especially in the rural the next executive director, but with declared his candidacy for reelection. parts of our State where doors are left the foundation that Charlotte and oth- Although presidential elections in unlocked and most people know every- ers have laid throughout the commu- Syria have never been free and fair, one else, we often think that domestic nity in community partnerships and this one that he has declared his can- violence doesn’t occur on our streets or generous benefactors, Options will be didacy for is a farce, and we can add in our homes or to people in families helping those in need—our neighbors, other words to that as well. This is an that we know. Unfortunately, that is our friends, sometimes even our rel- attempt by Mr. Assad to legitimize the not the reality, and the evidence clear- atives—for years to come. ly indicates that is not the case. Thank you, Charlotte. Best wishes. I extension of his brutal rule. Since Options opened its doors 30 am glad you live your life in a way Bashar al-Assad lost his legitimacy a years ago under the name of Northwest that is committed to helping others. long time ago. What concerns me and Kansas Sexual and Domestic Violence I yield the floor. so many others is this: Assad believes Services, 18,000 Kansans in 18 north- The PRESIDING OFFICER. Under he is winning. He believes he can west counties have been assisted in the previous order, with regard to the starve, bomb, and terrorize the Syrian seeking a safe environment. There are Hamamoto nomination, the motion to people into submission. In light of all locations in Hays and Colby, and in ad- reconsider is considered made and laid this it is incumbent upon the United dition to providing direct assistance, upon the table, and the President will States to take action to change or at Options has been instrumental in rais- be immediately notified of the Senate’s least to help to change the momentum ing awareness of domestic and sexual action. on the battlefield. Our national secu- violence in our corner of the State. The PRESIDING OFFICER. The Sen- rity interests are clear and have be- Almost from the very beginning ator from Pennsylvania. come even more clear in recent days. Charlotte was there working to help SYRIAN ATROCITIES First, the Iranian regime’s status as those in need. She has offered compas- Mr. CASEY. Thank you, Madam the world’s leading state sponsor of sion and strength and hope to those President. terrorism is well established, and its who walked through Options’ doors or Madam President, I rise this after- proxies have perpetrated attacks called the hotline. Her coworkers use noon to discuss the recent events in against the United States, Israel, and words to describe her such as ‘‘passion’’ Syria and the United States’ response our allies. Emboldened by the Iranian and ‘‘spunkiness’’ and ‘‘one of the to the crisis. regime’s support, Hezbollah has con- nicest people.’’ From my time living in Yesterday I had the opportunity to ducted attacks against U.S. targets Hays and visiting Options, I can attest meet with President Ahmad Jarba of and western interests. The Assad re- to those attributes. These characteris- the Syrian National Coalition to hear gime has been an important conduit tics are what make Charlotte so very firsthand about the Assad regime’s in- between Iran and Hezbollah. As such, effective in her job. Those who come to tolerable violations of international they are fighting side-by-side with the Options are bruised physically and law and human rights norms. I will regime forces in Syria and providing emotionally, and they find among the begin by reviewing the situation as it the regime much needed supplies and staff at Options understanding and ex- stands today. financial assistance. pertise. Effective leadership has made More than 3 years since the fighting It is also abundantly clear that Rus- this an effective organization. first began, the conflict in Syria rages sia simply does not share our interests Last year our State’s attorney gen- on. The fighting has driven more than in the region. I guess that is an under- eral presented Options with the Out- 2.4 million refugees out of the country statement. Russia has continued to standing Victims Service Organization and displaced 6.5 million more Syrians back the regime. It has consistently

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2840 CONGRESSIONAL RECORD — SENATE May 8, 2014 blocked U.S. actions in the U.N. Secu- tinue to defy the U.N. Security Coun- panded to include additional assistance for rity Council, including efforts to in- cil. Consequently, I have sent a letter the opposition Assistance Coordination Unit voke chapter VII authorization to en- to President Obama today which asks and local councils, which are the face of the him to consider some next steps. opposition for Syrian civilians. With U.S. as- force existing Security Council resolu- sistance, the opposition can ramp up its ef- tions 2118 and 2139. Russia continues to Madam President, I ask unanimous forts to deliver humanitarian assistance and provide the regime materiel assistance, consent that my letter to the President basic services to communities inside Syria. including ammunition, weapons, air- dated today be printed in the RECORD. I am aware of reports that American-made planes, and spare parts that are keep- UNITED STATES SENATE, anti-tank rocket systems have made their ing the regime afloat. From Syria to Washington, DC, May 8, 2014. way to a group of moderate Syrian rebels. Ukraine, it is clear that President Hon. BARACK OBAMA, Whatever the origin of these systems, I be- lieve their provision can help change the mo- Putin’s approach to foreign policy is President of the United States, The White House, Washington, DC. mentum on the ground. However, to take rooted in old Cold War regrets. DEAR MR. PRESIDENT, In recent weeks, down Assad’s helicopters and bombers, the The administration has taken steps Bashar al-Assad’s reign of terror has intensi- opposition forces need anti-aircraft weapons. to respond to the protracted conflict in fied. His forces have used starvation as a war If your Administration judges that there are Syria. Let me outline a few. First, on tactic by refusing to deliver desperately- sufficient safeguards available to track and chemical weapons: The agreement ne- needed food assistance to opposition-con- disable such weapons remotely, I would sup- gotiated last fall has led to the vast trolled areas, bombed an elementary school port their deployment to trusted, vetted majority of the Syrian regime’s de- in Northern Aleppo killing 17 children, Free Syria Army commanders. I fully under- stand the risks of introducing more of these clared chemical weapons stockpiles rained barrel bombs on residential areas in violation of UN Security Resolution 2139, weapons to the region. However, as long as being removed from Syria. Taking and regained the former opposition-strong- the regime enjoys control of the skies over most of these dangerous weapons off hold of Homs. Meanwhile, he has declared his Syria, its aircraft will continue regularly the table was a great step forward. intention to run for President. The United and indiscriminately raining bombs and kill- However, I remain concerned about re- States has clear national security interests ing Syrian civilians en masse. Little else ports that the regime could keep the in Syria, in stabilizing the region, ending would have such a profound impact on the remaining 8 percent of those chemical Assad’s slaughter of civilians, and con- balance of power on the battlefield. fronting the Iranian regime and Hezbollah. The international community has clear in- weapons as an insurance policy. terests in stabilizing the region and pre- Equally, if not more, concerning are [However, Assad clearly believes he has the upper hand on the battlefield. venting future atrocities. UN Security Coun- indications that the Assad regime re- First, I commend the work you and your cil Resolution 2139 requires that ‘‘all parties tains secret stockpiles of chemical administration have already done to help the immediately cease all attacks against civil- weapons that we cannot account for. people of Syria, a country that journalist ians, as well as the indiscriminate employ- Further, the regime’s use of chlorine Nicholas Kristof called the ‘‘world capital of ment of weapons in populated areas, includ- gas attacks to terrorize Syrian civil- human suffering.’’ The State Department ing shelling and aerial bombardment, such as ians demonstrates categorically that and USAID have mobilized a remarkable hu- the use of barrel bombs. . . .’’ Since the reso- manitarian aid effort thus far. American tax- lution’s adoption on February 22, Human Assad will never abide by the spirit of Rights Watch has documented at least 85 that agreement—even an agreement payers have provided substantial assistance to help those suffering in Syria and the ref- barrel bomb strikes in Aleppo alone. This is that has led to that 92-percent re- ugee communities in the region. Your ad- intolerable. moval. Here is what he won’t fully ministration’s agreement with Russia to de- I ask that your Administration resume its agree to: to stop using chemical weap- stroy Syria’s chemical weapons has since re- advocacy for an invocation of Chapter 7 of ons against his own people in clear vio- sulted in the removal of 92.5 percent of Syr- the UN Charter. Assad continues to violate lation of international law. ia’s declared stockpile. However, the human- Security Council Resolution 2139 by deploy- Second, on humanitarian assistance, itarian crisis is only expanding as the con- ing barrel bombs against civilians. A tai- flict rages on, and Assad has been deploying lored and conditional Chapter 7 resolution to the administration has supported in- respond to the regime’s willful disregard of creasing efforts to reduce the suffering. chlorine gas to terrorize Syrian civilians and circumvent the chemical weapons agree- the UN Security Council and the laws of war The State Department and USAID ment. would not only hold Assad accountable but must be commended for mobilizing a The U.S. State Department recently high- would also force Russia to take a stand on tremendous aid effort. American tax- lighted Syria’s critical importance to the Assad’s continued attacks on civilians. payers have contributed over $1.7 bil- United States’ strategic, long-term interests The Senate has repeatedly voiced its con- lion in humanitarian assistance both in its 2013 Country Reports on Terrorism. cern regarding the deepening conflict in inside of Syria and in its neighborhood. The State Department’s findings that civil- Syria. In July 2013, the Senate Foreign Rela- ians in Syria were primarily the target of tions Committee reported out S. 960, the This important assistance has fed, Syria Transition Support Act, which author- clothed, vaccinated, and sheltered Syr- terrorist violence are deeply troubling. The report found that Iran and Hezbollah pro- ized lethal assistance to vetted elements of ians displaced by the fighting. How- vided critical support to Assad’s regime by the Syrian opposition. In the bill’s findings, ever, the humanitarian crisis remains, radically boosting Assad’s capabilities and the Committee noted that it was vital to the as David Milliband put it, ‘‘a defining exacerbating the conflict. The report also United States’ national security interests to humanitarian emergency of this cen- noted that the Syrian conflict ‘‘empowered limit the threat posed by extremist groups in tury.’’ So much more remains to be ISIL [the Islamic State of Iraq and the Le- Syria. Last month the full Senate agreed to done just on the humanitarian chal- vant] to expand its cross-border operations S. Res. 384, which expressed the Senate’s in Syria, and dramatically increase attacks condemnation of the Syrian humanitarian lenge in and of itself. crisis. Since the beginning of this conflict I against Iraqi civilians and government tar- gets in 2013.’’ The sheer scale of war crimes, human have been calling for a more robust re- I remain firmly convinced that a more ro- rights abuses, and regional destabilization in sponse by the United States. Yesterday bust U.S. strategy is needed to change the the Syrian crisis is, as David Miliband of the I met with Mr. Jarba, the president of balance of power on the ground and prevent International Rescue Committee put it, ‘‘a the Syrian National Coalition. While either of two scenarios from occurring. First, defining humanitarian emergency of this we discussed the situation in Syria and that Bashar al-Assad could bomb and starve century.’’ As such, it deserves the United while we know this situation is ter- out any opposition and thus retain his grip States’ attention and carefully-considered action. I thank you for your leadership on ribly complicated, his bottom line mes- on power in Syria. Second, as members of your administra- this important issue and stand ready to help sage to me—and I am sure he will be tion have warned, that terrorist organiza- bring this conflict to an end. addressing this with other American tions could take advantage of the chaos in Sincerely, officials as well—and his message was Syria to establish a new safe haven, like a ROBERT P. CASEY, JR., very clear: Without significant support new Pakistani FATA, from which to launch United States Senator. from the United States of America, the attacks against U.S. interests. Mr. CASEY. I thank the Chair. fighting will continue and a political Yesterday, I met with President Ahmad Let me outline some of what I set solution will not be reached.’’ Jarba, to hear firsthand about the situation forth in the letter. First, I asked that We must act to change the battle’s on the ground. I urge your administration to the President seriously consider allow- continue efforts to help the Syrian opposi- momentum and to fundamentally shift tion bring Assad’s tyrannical rule to an end ing the deployment of lethal assistance Mr. Assad’s calculus. As long as he be- and to stave off extremist influence. The to the moderate military opposition. A lieves that there are no real con- State Department’s commitment of $27 mil- serious effort to help narrow the gulf sequences for his actions, he will con- lion in non-lethal assistance should be ex- between the moderate opposition and

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — SENATE S2841 the better-trained and better-equipped (The remarks of Ms. COLLINS on the trict judge Barbara Crabb has contin- extremist fighters would not only Introduction of S. 2307 are printed in ued to serve on the bench despite retir- boost morale in the Free Syrian Army today’s RECORD under ‘‘Statements on ing 4 years ago, and I sincerely appre- but could actually change the momen- Introduced Bills and Joint Resolu- ciate her dedication in the State of tum of the battle. Yesterday President tions.’’) Wisconsin during this vacancy. Jarba expressed his commitment to Ms. COLLINS. I thank the Presiding I have full confidence that with Jim’s continuing to fight extremist forces. Officer and yield the floor. expertise and experience, he will now He made that commitment to me, and The PRESIDING OFFICER. The Sen- be able to fill this void. I am sure he would reiterate it to oth- ator from Wisconsin. I thank the Presiding Officer and ers. There is no question that there are PETERSON NOMINATION yield the floor. risks here, but the greater risk is al- Mr. JOHNSON of Wisconsin. Madam The PRESIDING OFFICER (Ms. lowing Syria to fall into the hands of President, I am pleased to recommend HIRONO). The Senator from Wisconsin. extremists and to allow the regime to to the Senate James D. Peterson to be PETERSON NOMINATION murder thousands more Syrians and the U.S. district judge for the Western Ms. BALDWIN. Madam President, I prevail in this conflict. If the adminis- District of Wisconsin. rise this afternoon to urge my col- tration judges that it has the con- Jim has deep roots in Wisconsin, hav- leagues to confirm James Peterson for fidence in Mr. Jarba’s pledges and that ing earned a bachelor’s, master’s, and the United States District Court of the we have conducted sufficient vetting of Ph.D. from the University of Wis- Western District of Wisconsin. key opposition commanders, it should consin-Madison before his first career I will start where my colleague left either consider allowing our partners as an associate professor of film studies off, which is to state that I am proud to in the region to supply lethal aid or at Notre Dame University. After a have worked with Senator JOHNSON to consider providing such weapons our- number of productive and successful put in place a nonpartisan Federal selves. years of academic life, his restlessness Nominating Commission and a process I have not and will not advocate for for intellectual challenge was ener- for moving judicial nominations for- American boots on the ground in this gized when his wife Sue Collins inter- ward, because the people of Wisconsin conflict, but giving moderate opposi- ested him in the law as she was teach- deserve to have experienced and highly tion forces the assistance they need to ing legal writing at Valparaiso Univer- qualified judges working for them, and stem Assad’s reign of terror and drive sity Law School. They both returned to they deserve to have judicial vacancies back foreign extremist fighters is in Wisconsin, where they each obtained filled on a timely basis. our national interest. their law degrees from the university. Addressing vacant Federal judgeships Second, my letter urges President Jim is currently the leader of the law in Wisconsin has been a top priority of Obama to resume the push for a chap- firm Godfrey & Kahn’s Intellectual mine since I was sworn into the Senate ter 7 authorization in the United Na- Property Litigation Working Group last year. I thank Senator JOHNSON for tions. Getting Russia to agree to U.N. and has handled a wide variety of com- working to find common ground with Security Council resolutions 2118 and mercial and constitutional disputes. He me on this very important issue for 2139 was a difficult task, far more dif- has served as a local counsel in two Wisconsin. ficult than it should have been consid- dozen patent disputes in the Western Together, we believe James Peterson ering international law is clear about District of Wisconsin. In addition, he will be an outstanding Federal district the deployment of chemical weapons has appeared before the Wisconsin Su- judge, and his experience, qualifica- and the use of humanitarian assistance preme Court, the Seventh Circuit tions, and expertise will serve the as a tool of war. Enforcement of these Court of Appeals, and the Court of Ap- Western District of Wisconsin and our resolutions is critical. If Assad does peals for the Federal Circuit, which Nation very well. not make good on his commitment to hears appeals of patent cases from dis- James Peterson was among those turn over 100 percent—not 92 percent— trict courts across the country. recommended by our nominating com- 100 percent of his chemical weapons This experience is important for the mission, and together Senator JOHNSON caches, there should be consequences. Western District of Wisconsin, which and I submitted his name to the White If he continues to starve and barrel oversees many complex intellectual House for consideration. I am so bomb Syrian children, there must be property cases. Since 2007 the Western pleased President Obama nominated consequences. him to serve and that his nomination Pressing for a chapter 7 authoriza- District of Wisconsin has ranked was reported out of the Senate Judici- tion would help us hold both Mr. Putin among the top 25 most popular for pat- ary Committee. and Mr. Assad to their commitments. ent litigation, largely due to the For the last 14 years Jim’s profes- It would also pave the way for the court’s speed—commonly referred to as sional life has been devoted to the United Nations to ramp up its cross- the ‘‘rocket docket.’’ practice for the firm Godfrey & Kahn border humanitarian assistance, which Jim is also the author of numerous in Madison, WI, where he is the leader is desperately needed inside of Syria. academic publications, many of which When we met yesterday, President I had an opportunity to review during of the firm’s intellectual property liti- Jarba was clear: There will be no mo- his application process. Right after law gation working group. His work on be- mentum behind a political solution school he saw firsthand the challenges half of his firm’s national clients has until the momentum on the battlefield and requirements associated with being been substantially before the U.S. Dis- changes. I have believed that for a long a judge when he served as a law clerk trict Court for the Western District of time. The United States has an oppor- to Hon. David G. Deininger of the Wis- Wisconsin. tunity not only to help end the suf- consin Court of Appeals. He has had a Outside of his practice Jim is a lead- fering in Syria but to send a strong challenging and successful career as a er in the Western District Bar Associa- message to those who support the legal practitioner. I have no doubt that tion, the mission of which is to work Assad regime, including Russia, Iran, he will, as a Federal district court with attorneys, the court, and the pub- and Hezbollah. judge, excel in yet another career for lic to facilitate the just, speedy, re- I strongly urge the administration to which he is well suited. spectful, and efficient resolution of all consider the high stakes of allowing Jim has my full support, and I am matters before the court—qualities this conflict to continue unabated, and happy to recommend him to the Senate that have been the hallmarks of the I ask that the administration strongly for swift confirmation. Western District of Wisconsin. In an ef- consider supporting a more substantial I would like to conclude by thanking fort to foster the next generation of effort to properly train and equip the my colleague Senator BALDWIN for the great lawyers, Jim is a member of the moderate Syrian opposition so they bipartisan process that resulted in the adjunct faculty of the University of can reject extremist forces, defeat the selection of this well-qualified jurist Wisconsin Law School where he has regime, and begin to rebuild Syria. who will serve Wisconsin’s Western taught copyright law and public speak- I yield the floor. District well. ing workshops. The PRESIDING OFFICER. The Sen- The Western District is currently I am proud to join Senator JOHNSON ator from Maine. facing a judicial emergency. U.S. dis- in supporting this nomination, and I

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2842 CONGRESSIONAL RECORD — SENATE May 8, 2014 am proud to come before my colleagues the middle-class folks we keep talking than the State plan. It does not. That and ask my colleagues to confirm this about. It will also increase the cost for is another reason why it makes no judgeship. Mr. PETERSON’s confirma- manufacturers, and that will drive sense for the EPA to overstep its au- tion today will end a vacancy that has them overseas, so that will eliminate thority under the Clean Air Act to lasted for more than 5 years and has jobs. So we are talking about a lot of force Wyoming to comply with an all- been declared a judicial emergency. We impact. too-costly plan that in the end will are most grateful for the tireless com- That tells me the EPA’s purpose is to provide the people of Wyoming and mitment of soon-to-be really retired ensure that no opportunity to impose America with no real benefits. Judge Barbara Crabb who has filled in its chosen agenda on the Nation is The plan does not even take into ac- during this vacancy, and we are very wasted. It doesn’t seem to matter to count other sources of haze in Wyo- grateful for her commitment. them that their proposed rule flies di- ming such as wildfires. Wildfires are a Senator JOHNSON and I agree on this rectly in the face of the State’s tradi- problem on Wyoming’s plains and nomination to the U.S. District Court tional and legal role in addressing air mountains every year. It is a major for the Western District of Wisconsin, quality issues. cause of haze in the West. It makes no and our joint support should send a When Congress passed the 1977 sense for the EPA to draft a plan that strong message to the entire Senate amendments to the Clean Air Act to fails to take into consideration the big- that he is the right choice for this regulate regional haze, it very clearly gest natural cause of the very problem judgeship. I urge my colleagues to con- gave the States the lead authority. they are supposed to be solving. firm James D. Peterson so he can serve Now the EPA has tossed them in the The Forest Service could do a lot of the people of Wisconsin and our Na- backseat and grabbed the steering prevention if forest plans did not get tion. wheel to head this effort in its own pre- delayed. I yield the floor, and I suggest the ab- viously determined direction. That The State of Wyoming has spent over sence of a quorum. isn’t the kind of teamwork and co- a decade producing an air quality plan The PRESIDING OFFICER. The operation Congress intended. that is reasonable, productive, cost-ef- clerk will call the roll. The goal of regulating regional haze fective, and focused on the problem at The assistant legislative clerk pro- is to improve visibility in our national hand. The EPA has taken an unneces- ceeded to call the roll. parks and wilderness areas. The stated sary and unreasonable approach that Mr. ENZI. Madam President, I ask legislative purpose for that authority violates the legislatively granted job of unanimous consent that the order for is purely for aesthetic value and not to State regulators to address this issue. the quorum call be rescinded. regulate public health. Most impor- We cannot afford to increase the cost The PRESIDING OFFICER. Without tantly, the EPA shouldn’t be using reg- of energy to families, schools, and vital objection, it is so ordered. ulations to pick winners and losers in public services by implementing an ENERGY EFFICIENCY AMENDMENT our national energy market. The cost EPA plan that will not adequately ad- Mr. ENZI. Madam President, I rise to for this rule is in the billions, and the dress the issue of regional haze. offer an amendment to S. 2262 that bureaucratic evaluation says it will I know my colleagues will see the im- would prevent the Environmental Pro- still have little or no actual effect. portance of this matter and support my tection Agency from a massive regu- Why would we force the spending of bil- amendment that will stop the EPA in latory outreach. I understand under lions for little or no actual effect? its tracks and end its interference with current procedure we are not allowed This is a State issue, and Congress Wyoming’s efforts to address this issue. to do that, but I will explain it so when recognized that States would know It only makes sense to me that Wyo- I can bring this amendment up, people how to determine what the best regu- ming’s plan be given a chance to work. will already know about it and join me latory approach would be to find and It is more than a 10-year effort, and it in voting for it. It is similar to an implement a solution to the problem. will make a difference, and not at the amendment I offered last September to The courts then reaffirmed this posi- cost that will be imposed. the energy efficiency bill. Unfortu- tion by ruling in favor of the States’ It is only fair, and it is the right nately, the Senate majority leader primacy on regional haze several thing to do. I ask for the support of my blocked amendments from being con- times. The EPA ignored all of that colleagues. sidered. I am hoping that doesn’t hap- clear precedent and, instead, handed a I thank the Chair and suggest the ab- pen this time. top-down approach that ignored the sence of a quorum. My amendment is simple and will and expertise of the State of Wyo- The PRESIDING OFFICER. The straightforward. It promotes the right ming and other States. clerk will call the roll. of each State to deal with its own prob- This inexplicable position flies in the The assistant legislative clerk pro- lems. It returns the regulation of re- face of Wyoming’s strong and common- ceeded to call the roll. gional haze to where it properly be- sense approach to addressing regional Mr. SANDERS. Madam President, I longs: in the hands of State officials haze in a reasonable and cost-effective ask unanimous consent that the order who are more familiar with the prob- manner. for the quorum call be rescinded. lem and know the best way to address I invite everybody to come to Wyo- The PRESIDING OFFICER. Without it. I hope my colleagues will support ming. We have the clear skies. People objection, it is so ordered. my effort. can see more miles there than people ELECTION SPENDING The Environmental Protection Agen- can see here. Of course, a lot of it out Mr. SANDERS. Madam President, as cy’s move to partially disapprove of here is humidity, I think. But we do I think most Americans know, about 4 the State of Wyoming’s regional haze not have the regional haze they are years ago the Supreme Court rendered will create an economic and bureau- talking about. The EPA’s approach will a decision, which I happen to believe is cratic nightmare that will have a dev- be much more costly and have a tre- one of the worst in the history of the astating impact on western economies. mendous impact on the economy and Supreme Court, and that is their deci- The decision by the EPA ignores more the quality of life not only in Wyoming sion regarding Citizens United. As a re- than a decade’s worth of work on this but in neighboring States as well. sult of that decision, what they said is subject by officials in my home State Clearly, we cannot allow this to hap- corporations are people and individuals and seems to be more designed to regu- pen. could spend an unlimited—unlimited— late coal out of existence than to regu- Every family knows when the price sum of money in elections. By ‘‘unlim- late haze. The haze we most need to of energy goes up, it is their economic ited,’’ I mean hundreds and hundreds of regulate, in fact, seems to be the one security—costing more—as well as millions of dollars, if not billions of that is clouding the vision of the EPA their hopes and dreams for the future dollars—quite as much as they want as it promotes a plan that would im- that are threatened and all too often through independent expenditures. pose onerous regulations on power- destroyed. I think many Americans observed the plants that will, in turn, pass those in- The EPA’s determination to take repercussions of that decision just last creased costs in the form of higher en- such an approach would be understand- month. A gentleman named Sheldon ergy prices on to consumers. These are able if it would create better results Adelson, one of the wealthiest people

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — SENATE S2843 in this country, worth many billions, Party in that year. I want to read to Koch brothers, the Federal Govern- held what was called the Adelson pri- you and discuss with you a few of the ment should not be involved in public mary in Nevada. What he did was in- excerpts from the 1980 Libertarian health insurance programs such as vite prospective Republican candidates Party platform that David Koch ran Medicare and Medicaid. for President to come to Nevada to on. People may think: Well, that was What happens if you are a low-in- chat with him, to tell him their views; back in 1980. But do you know what. It come person? What happens if your kid and if he decides to support one of is my impression their views haven’t is on the Children’s Health Insurance those candidates, they will end up re- changed one iota; that they are funding Program, called Dr. Dynasaur in ceiving, in all likelihood, hundreds of many organizations all over this coun- Vermont—I don’t know what it is millions of dollars. try that essentially espouse those very called in Hawaii—but it covers all of But it is not just Sheldon Adelson. view views David Koch ran on in 1980. the States in this country. Millions of Probably even more significantly, This is the first quote that was in the kids are getting their health insurance when we talk about the impact of Citi- 1980 Libertarian Party platform David through the Children’s Health Insur- zens United and we talk about the Koch ran on as a vice presidential can- ance Program. What is the Koch broth- flood of money coming in from the bil- didate and helped fund. He said: ‘‘We ers’ view? We should eliminate it. The lionaire class to the political process, favor the repeal of the fraudulent, vir- Federal Government should not be in- it is important to talk about the Koch tually bankrupt, and increasingly op- volved in health insurance. brothers. pressive Social Security system.’’ According to the latest polls I have I understand there has been a lot of That is their view. That shouldn’t seen on this subject, 81 percent of the criticism of Majority Leader REID be- surprise anybody. These guys do not American people do not want to cut cause he has talked about the Koch believe government should be involved Medicare benefits at all and 60 percent brothers, but I think the majority lead- in health care, in retirement security. of the American people don’t want to er is exactly right. The issue is not per- It is totally consistent with what they cut Medicaid benefits at all, because sonal. I don’t know if the Koch broth- believe. they understand that in these tough ers are nice guys or not nice guys; that But when Americans see ads on tele- times it is terribly important that we is not the issue. vision paid for by David Koch, I hope have guaranteed health care programs The issue is the impact this billion- they understand these guys eventually for our people. Yet the view of the aire family, the second wealthiest fam- want to see—probably not tomorrow— Koch brothers is we should end Medi- ily in America, is having on the polit- the repeal of Social Security. They care and Medicaid. ical process; and, second of all, and want to privatize it, they don’t want it So, again, when you see ads on tele- even more importantly, what do they to exist. vision, understand who is paying for stand for? Who are they? Why are they What is the reality? The reality is them. pouring hundreds of millions of dollars the overwhelming majority of the We have been discussing the min- into the political process? American people disagree with the imum wage bill. The Presiding Officer I have a problem, to tell you the Koch brothers. The reality is Social Se- and I agree it is absolutely imperative truth—whether somebody is a right- curity is probably the most successful that we raise the minimum wage. I winger or leftwinger—I have a real Federal program in the history of our think $10.10, the bill we had on the problem with these rich guys spending country. For more than 78 years, in floor last week, is a start. I would go huge sums of money. good times and in bad, Social Security farther, but I think most Americans But at the end of the day what is im- has provided every single benefit owed understand a family breadwinner and a portant to understand is what do they to every eligible American without family who is making all of $7.25 an want? Why are they spending so much delay. That is in good times, bad times, hour or $14,000 or $15,000 a year is not a money in politics? Why are they sup- recession, boom, whatever it was. Be- wage upon which anyone can live. porting candidates throughout this fore Social Security was created, near- Yet when you read the platform country, running for the Senate, run- ly half of seniors lived in poverty. David Koch ran on—and again, their ning for the House? Clearly they will Today, while still too high, that num- success has been that where their ideas be heavily involved in the next Presi- ber is 9.1 percent. We have gone from 50 were thought to be pretty crazy and dential election. What do they stand percent down to 9.1 percent largely be- kooky in 1980—he got 1 percent of the for? That is the issue. cause of Social Security. vote and ran because they thought It disturbs me very much, by the The main point is according to vir- Ronald Reagan was much too liberal in way, that the media hasn’t been talk- tually every poll I have seen, including 1980—today these ideas are increas- ing about that. What do these guys the latest National Journal poll on the ingly becoming mainstream. They are stand for? What do they want? subject, 76 percent of the American in the Ryan budget passed by the Re- Many Americans know the Koch people do not want to cut Social Secu- publican House. They are reflected by brothers provided the main source of rity at all, an issue you and I were in- actions in the Senate by my Repub- funding for the creation of the tea volved in. They do not want to cut So- lican Senate colleagues. party—that is fine—and many Ameri- cial Security. They sure as heck do not One example is when we talk about cans know the Koch brothers want to want to repeal Social Security. the minimum wage, some of us think repeal the Affordable Care Act. They So when you see the ads on television we have to raise it. Their view, what have run a lot of ads supporting can- being paid for by the Koch brothers, the Koch brothers said in 1980, and I be- didates who want to repeal the Afford- understand where they are coming lieve it is their view today: able Care Act. That is their view, and from in terms of Social Security. We support repeal of all laws which impede that is fine as well. Let me give another quote, and this the ability of any person to find employ- But what I think most Americans is an exact quote from the 1980 plat- ment, such as minimum wage laws. don’t know is the Koch brothers want form of the Libertarian Party, David So this is not a debate about whether to repeal virtually every major piece of Koch, vice presidential candidate: ‘‘We you raise the minimum wage to $10.10. legislation that has been passed in the favor the abolition of Medicare and You do what they are doing in Seattle, past 80 years to help the middle class, Medicaid programs.’’ WA, over a period of time raising it to to help working families, to help the Abolition, what does that mean? It $15 an hour, whether you raise it to $9 elderly, to help the children, to help means if you are a senior citizen, 70 an hour, that is not their debate. Their low-income people. Their view, their years of age, you are not feeling well, debate is we should repeal the concept ideological view, is that we should you go to the doctor, the doctor diag- of the minimum wage. eliminate or substantially cut back on noses you with cancer, you are not What does that mean in real terms? all of those programs. going to have Medicare there for you. It means that in high-unemployment In 1980, David Koch, one of the Koch If you don’t have a lot of money, how areas of this country where workers brothers, was the vice presidential can- are you going to get the health care are desperate for jobs, if an employer didate of the Libertarian Party. In you need? Well, you know what. You says: I am going to give you 3 bucks an fact, he helped fund the Libertarian may not, because according to the hour, and you say: I can’t live on 3

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2844 CONGRESSIONAL RECORD — SENATE May 8, 2014 bucks, and the employer says: Well, I gree or another—I am not sure all of The clerk will call the roll. have 20 other people who are prepared the candidates they support agree with The assistant legislative clerk called to take the job, that is their goal. They everything they say, but they know the roll. do not believe the Federal Government what they are doing. They are smart. Mr. DURBIN. I announce that the should be involved in providing at least They are spending huge sums of Senator from Alaska (Mr. BEGICH), the a minimum wage for the workers of money to create an America in which Senator from Connecticut (Mr. this country. the wealthiest people will get huge tax BLUMENTHAL), the Senator from Lou- They believe, among other things, breaks while working families, the isiana (Ms. LANDRIEU), and the Senator that we should abolish the U.S. Postal middle class, the elderly, the children, from Arkansas (Mr. PRYOR) are nec- Service, and I want to get into that. and the sick will be left out on the essarily absent. Their view is, again, the Postal Serv- street all by themselves. That is not Mr. CORNYN. The following Senators ice, a Federal Government program— the vision of America the American are necessarily absent: the Senator not a question of having a debate, how people believe in. I doubt there are 5 or from Arkansas (Mr. BOOZMAN) and the do you strengthen the Postal Service, 10 percent of the American people who Senator from Oklahoma (Mr. COBURN). what do you do, and what do you not believe in that vision, maybe less than The PRESIDING OFFICER. Are there do—they want to abolish the U.S. Post- that. any other Senators in the Chamber de- al Service. But when you have $80 billion, and siring to vote? Let me go to another quote from you are worth that much and can spend The result was announced—yeas 94, David Koch, which I think maybe is unlimited sums of money, you will nays 0, as follows: the most interesting of all. This is have a huge impact on the political [Rollcall Vote No. 137 Ex.] where they are coming from. This is process, and you will have candidates YEAS—94 their philosophy: who talk about this perspective, who Alexander Grassley Murray We oppose all government welfare, relief defend this point of view, because that Ayotte Hagan Nelson projects, and ‘‘aid to the poor’’ programs. All is where their money or campaigns Baldwin Harkin Paul these government programs are privacy-in- comes from, rather than talking about Barrasso Hatch Portman Bennet Heinrich Reed vading, paternalistic, demeaning, and ineffi- the needs of working families or ordi- Blunt Heitkamp cient. The proper source of help for such per- Reid nary Americans. Booker Heller Risch sons is the voluntary efforts of private Let me make this last point, and Boxer Hirono Roberts Brown Hoeven groups and individuals. that is this: It was 34 years ago the Rockefeller Burr Inhofe Rubio I want to put into English what they Koch brothers said: Cantwell Isakson Sanders say. What they are saying is they want We urge the repeal of Federal campaign fi- Cardin Johanns Carper Johnson (SD) Schatz to get rid of food stamps, they want to nance laws, and the immediate abolition of Schumer get rid of all nutrition programs, all af- the despotic Federal Election Commission. Casey Johnson (WI) Chambliss Kaine Scott fordable housing programs, Meals On They have come so far in 34 years Coats King Sessions Wheels Programs, which help vulner- that that is now the position of a num- Cochran Kirk Shaheen able seniors, congregate meal pro- ber of Republicans, including, as I un- Collins Klobuchar Shelby Coons Leahy Stabenow grams, Head Start—which obviously derstand it, the chairman of the Na- Corker Lee Tester are important to millions of working tional Republican Party. Cornyn Levin Thune families and their children. What does that mean? It means if Crapo Manchin Toomey So you ask: Well, what happens if I you repeal all campaign finance laws, Cruz Markey Udall (CO) Donnelly McCain am hungry and there is no food stamp the Koch brothers and other billion- Udall (NM) Durbin McCaskill Vitter program because they want to get rid aires will not just be able to spend as Enzi McConnell Walsh Feinstein of all of these programs, because they much as they want on independent Menendez Warner Fischer Merkley Warren think the Federal Government should campaign expenditures, they will be Flake Mikulski Whitehouse not be involved in these issues? What able to give money directly to the can- Franken Moran didates of their choice. Gillibrand Murkowski Wicker do we do when people are hungry when Wyden they can’t find jobs? The PRESIDING OFFICER. All time Graham Murphy Well, they can go to their local for debate has expired. NOT VOTING—6 church, they can go to their local char- Mr. SANDERS. Let me conclude by Begich Boozman Landrieu ity. Maybe they will get some help, saying: I hope everybody pays atten- Blumenthal Coburn Pryor maybe they won’t. In other words, we tion to what the Koch brothers stand The nomination was confirmed. for. are back to the days of Charles Dick- VOTE EXPLANATION With that, I yield the floor. ens. We are back to the days of Charles Mr. BLUMENTHAL. Madam Presi- Dickens where ordinary people and f dent, I was unavoidably detained and lower income people have no rights and NOMINATION OF INDIRA TALWANI unable to participate in the vote to no benefits. The only way they get help TO BE UNITED STATES DISTRICT confirm Indira Talwani to be U.S. dis- is if some charity is there to dole out JUDGE FOR THE DISTRICT OF trict judge for the District of Massa- some money. MASSACHUSETTS—Continued chusetts. Had I been present, I would I don’t believe that is where the The PRESIDING OFFICER. Under have voted aye. American people are, and I don’t be- the previous order, there will be 2 min- f lieve that is what the American people utes of debate prior to a vote on the want. NOMINATION OF JAMES D. PETER- Talwani nomination. Back In 1980, the Libertarian Party SON TO BE UNITED STATES DIS- Mr. SANDERS. Madam President, I TRICT JUDGE FOR THE WEST- had a rather bold proposal, and they ask unanimous consent to yield back said: ‘‘We support the eventual repeal ERN DISTRICT OF WISCONSIN— all remaining time on both sides. Continued of all taxation.’’ The PRESIDING OFFICER. Without Essentially what they are saying is objection, it is so ordered. The PRESIDING OFFICER. The ma- no more government. That is it. No The question is, Will the Senate ad- jority leader. more government. vise and consent to the nomination of Mr. REID. Madam President, what is There is going to be a vote in a few Indira Talwani, of Massachusetts, to be the next matter before the Senate? minutes, and I am going to seesaw, and United States District Judge for the The PRESIDING OFFICER. The next I will be back on this issue. But I want- District of Massachusetts? vote is to occur on the Peterson nomi- ed to point out to what degree these Mr. SANDERS. I ask for the yeas and nation. folks, who are worth at least $80 bil- nays. Mr. REID. I yield back the time. lion, whose wealth increased last year The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Is there by $12 billion, who have indicated they sufficient second? objection? are prepared to spend as much as it There appears to be a sufficient sec- Without objection, it is so ordered. takes to elect people who to some de- ond. All time is yielded back.

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — SENATE S2845 The question is, Will the Senate ad- Ms. Rosenstengel has the experience, The PRESIDING OFFICER. Is there a vise and consent to the nomination of integrity and judgment to be an out- sufficient second? James D. Peterson, of Wisconsin, to be standing member of the Federal bench. There appears to be a sufficient sec- United States District Judge for the She has been nominated to fill the ond. Western District of Wisconsin? judgeship in the East St. Louis court- The clerk will call the roll. Mr. GRAHAM. I ask for the yeas and house that was left vacant by the re- The assistant bill clerk called the nays. tirement of Judge G. Patrick Murphy roll. The PRESIDING OFFICER. Is there a last December. This vacancy has been Mr. DURBIN. I announce that the sufficient second? There appears to be designated as a judicial emergency, Senator from Alaska (Mr. BEGICH), the a sufficient second. and I am glad that the Senate is mov- Senator from Louisiana (Ms. LAN- The clerk will call the roll. ing forward to fill it. DRIEU), and the Senator from Arkansas The bill clerk called the roll. Ms. Rostenstengel knows the East St. (Mr. PRYOR) are necessarily absent. Mr. DURBIN. I announce that the Louis Federal courthouse well. She Mr. CORNYN. The following Senators Senator from Alaska (Mr. BEGICH), the currently serves as the Clerk of Court are necessarily absent: the Senator Senator from Delaware (Mr. COONS), for the Southern District, a position from Arkansas (Mr. BOOZMAN) and the the Senator from Louisiana (Ms. LAN- she has held for the last 5 years. In this Senator from Oklahoma (Mr. COBURN). DRIEU), and the Senator from Arkansas capacity, she serves as the chief admin- The PRESIDING OFFICER. Are there (Mr. PRYOR) are necessarily absent. istrative officer for the court and han- any other Senators in the Chamber de- Mr. CORNYN. The following Senators dles the day-to-day management of its siring to vote? are necessarily absent: the Senator functions. She has received widespread The result was announced—yeas 95, from Arkansas (Mr. BOOZMAN) and the praise for her skillful handling of the nays 0, as follows: Senator from Oklahoma (Mr. COBURN). court’s operations and policies. [Rollcall Vote No. 139 Ex.] The PRESIDING OFFICER. Are there Previously, Ms. Rosenstengel worked YEAS—95 any other Senators in the Chamber de- in private practice at the law firm Alexander Graham Murphy siring to vote? Sandberg, Phoenix and von Gontard, Ayotte Grassley Murray The result was announced—yeas 70, and she served for 11 years as a judicial Baldwin Hagan Nelson law clerk to Judge Murphy, the judge Barrasso Harkin Paul nays 24, as follows: Bennet Hatch she has been nominated to replace. As Portman [Rollcall Vote No. 138 Ex.] Blumenthal Heinrich Reed YEAS—70 Judge Murphy’s career law clerk, Ms. Blunt Heitkamp Reid Rosenstengel assisted him in hundreds Booker Heller Risch Alexander Gillibrand Mikulski Boxer Hirono Roberts Ayotte Graham Murkowski of civil and criminal proceedings. It is Brown Hoeven Rockefeller Baldwin Grassley Murphy hard to imagine better training for a Burr Inhofe Rubio Bennet Hagan Murray Cantwell Isakson judgeship than the work Ms. Sanders Blumenthal Harkin Nelson Cardin Johanns Rosenstengel performed for over a dec- Schatz Blunt Hatch Carper Johnson (SD) Reed Schumer Booker Heinrich ade at Judge Murphy’s side. Casey Johnson (WI) Reid Scott Boxer Heitkamp Rockefeller Ms. Rosenstengel was born in Alton Chambliss Kaine Brown Hirono Sessions Sanders and currently lives in Belleville. She Coats King Burr Isakson Shaheen Schatz Cochran Kirk Cantwell Johnson (SD) received her B.A. from the University Shelby Schumer Collins Klobuchar Cardin Johnson (WI) of Illinois in Urbana-Champaign and Coons Leahy Stabenow Shaheen Carper Kaine Corker Lee Tester Stabenow her J.D. from Southern Illinois Univer- Casey King Cornyn Levin Thune Tester sity School of Law. Chambliss Kirk Crapo Manchin Toomey Coats Klobuchar Udall (CO) Ms. Rosenstengel’s nomination is his- Cruz Markey Udall (CO) Collins Leahy Udall (NM) toric. No woman has ever before served Donnelly McCain Udall (NM) Corker Levin Vitter as an Article III Federal judge in the Durbin McCaskill Vitter Cornyn Manchin Walsh Southern District of Illinois. Upon con- Enzi McConnell Walsh Donnelly Markey Warner Feinstein Menendez Warner Durbin McCain Warren firmation, Nancy Rosenstengel will be Fischer Merkley Warren Feinstein McCaskill Whitehouse the first. And she will do an out- Flake Mikulski Whitehouse Flake Menendez Wyden standing job serving the people of the Franken Moran Wicker Franken Merkley Southern District. She was rec- Gillibrand Murkowski Wyden NAYS—24 ommended to me by a bipartisan NOT VOTING—5 Barrasso Inhofe Roberts screening committee that I established Begich Coburn Pryor Cochran Johanns Rubio to review judicial candidates for the Boozman Landrieu Crapo Lee Scott Cruz McConnell Sessions Southern District. I was proud to rec- The nomination was confirmed. Enzi Moran Shelby ommend her name to the President, Mr. REID. Madam President, on the Fischer Paul Thune and I appreciate the support of my col- next nomination, I ask unanimous con- Heller Portman Toomey Hoeven Risch Wicker league Senator KIRK for her nomina- sent to yield back that time, and this tion. will be the last vote. NOT VOTING—6 Ms. Rosenstengel had her hearing be- The PRESIDING OFFICER. Without Begich Coburn Landrieu fore the Judiciary Committee in Janu- objection, it is so ordered. Boozman Coons Pryor ary. In February, she was reported out Mr. REID. Madam President, the re- The nomination was confirmed. of committee by a unanimous voice maining votes, if any, will be by voice. f vote. In short, she is an outstanding On Monday we will have at least three NOMINATION OF NANCY J. nominee and I urge my colleagues to votes starting at 5:30 p.m. ROSENSTENGEL TO BE U.S. DIS- support her confirmation. f Mr. LEVIN. Madam President, I ask TRICT JUDGE FOR THE SOUTH- unanimous consent to yield back all CLOTURE MOTION ERN DISTRICT OF ILLINOIS—Con- time. The PRESIDING OFFICER. Under tinued The PRESIDING OFFICER. Without the previous order, pursuant to rule The PRESIDING OFFICER. Under objection, it is so ordered. XXII, the Chair lays before the Senate the previous order, there will be 2 min- All time is yielded back. the pending cloture motion, which the utes of debate equally divided prior to Under the previous order, the ques- clerk will report. the vote on the Rosenstengel nomina- tion is, Will the Senate advise and con- The bill clerk read as follows: tion. sent to the nomination of Nancy J. CLOTURE MOTION Mr. DURBIN. Madam President, I Rosenstengel, of Illinois, to be United We, the undersigned Senators, in accord- rise to speak in support of Nancy States District Judge for the Southern ance with the provisions of rule XXII of the Rosenstengel’s nomination to serve as District of Illinois? Standing Rules of the Senate, hereby move a District Court judge in the Southern Mr. MCCAIN. Madam President, I ask to bring to a close debate on the nomination District of Illinois. for the yeas and nays. of Robin S. Rosenbaum, of Florida, to be

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2846 CONGRESSIONAL RECORD — SENATE May 8, 2014 United States Circuit Judge for the Eleventh to reconsider are considered made and Ms. Talwani’s nomination came after Circuit. laid upon the table. she was recommended to me for this Harry Reid, Patrick J. Leahy, Mazie K. The President will be immediately position by the Advisory Committee on Hirono, Dianne Feinstein, Al Franken, notified of the Senate’s action. Massachusetts Judicial Nominations. Jack Reed, Amy Klobuchar, Robert P. Casey, Jr., Sheldon Whitehouse, Ben- The PRESIDING OFFICER. The Sen- The Advisory Committee is comprised jamin L. Cardin, Tom Harkin, Barbara ator from Alabama. of distinguished members of the Massa- Boxer, Richard Blumenthal, Edward J. CHANGE OF VOTE chusetts legal community, including Markey, Richard J. Durbin, Charles E. Mr. SESSIONS. Mr. President, on prominent academics and litigators, Schumer, Elizabeth Warren. rollcall vote 140, I voted aye and it was and is chaired by former Massachusetts The PRESIDING OFFICER. All time my intention to vote nay. Therefore, I district court judge Nancy Gertner. has been yielded back. By unanimous ask unanimous consent that I be per- The Advisory Committee’s rec- consent, the mandatory quorum call mitted to change my vote, since it will ommendation reflects the strength of has been waived. not affect the outcome. Ms. Talwani’s resume, the exception- The question is, Is it the sense of the The PRESIDING OFFICER. Without ally warm reviews she received from Senate that debate on the nomination objection, it is so ordered. those who have worked with her, and of Robin S. Rosenbaum, of Florida, to (The foregoing tally has been the firm conviction of the Massachu- be United States Circuit Judge for the changed to reflect the above order.) setts legal community that she will Eleventh District, shall be brought to a Mr. SESSIONS. I thank the Chair. make an excellent district court judge. close? I would note that the issues revolv- Indira Talwani is the daughter of im- The yeas and nays are mandatory ing around judicial confirmations in migrants from India and Germany. She under the rule. which we are routinely voting on clo- graduated with honors from Harvard The clerk will call the roll. ture after the execution of the nuclear University, and was later named Order The bill clerk called the roll. option, we are having more of these of the Coif at Boalt Hall School of Law Mr. DURBIN. I announce that the votes than we used to have. at the University of California, Berke- Senator from Alaska (Mr. BEGICH) and ley. Immediately after law school, Ms. f the Senator from Arkansas (Mr. Talwani spent 1 year serving as a law PRYOR) are necessarily absent. LEGISLATIVE SESSION clerk to Judge Stanley A. Weigel on Mr. CORNYN. The following Senators The PRESIDING OFFICER. The Sen- the U.S. District Court for the North- are necessarily absent: the Senator ate will resume legislative session. ern District of California, building from Arkansas (Mr. BOOZMAN), the Sen- practical experience that will serve her f ator from North Carolina (Mr. BURR), well as a district court judge. She sub- the Senator from Oklahoma (Mr. EXECUTIVE SESSION sequently worked for several years as an associate and later as a partner at COBURN), and the Senator from Kansas The ACTING PRESIDENT pro tem- the firm Altschuler, Berzon, Nussbaum, (Mr. MORAN). pore. Under the previous order, the Berzon & Rubin in San Francisco, be- The PRESIDING OFFICER. Are there Senate will resume executive session. any other Senators in the Chamber de- fore moving in 1999 to join Segal siring to vote? f Roitman, LLP in Boston, where she is The yeas and nays resulted—yeas 57, NOMINATION OF ROBIN S. ROSEN- currently a partner. nays 37, as follows: BAUM TO BE UNITED STATES Ms. Talwani has an impressive track [Rollcall Vote No. 140 Ex.] CIRCUIT JUDGE FOR THE ELEV- record as a litigator, having rep- YEAS—57 ENTH CIRCUIT resented clients in matters before the Massachusetts State trial courts and Ayotte Harkin Murray The ACTING PRESIDENT pro tem- appeals courts, as well as the district Baldwin Heinrich Nelson pore. The clerk will report the Rosen- Bennet Heitkamp Reed court to which she has been nominated, Blumenthal Hirono Reid baum nomination. the Federal Courts of Appeals, and the Booker Johnson (SD) Rockefeller The assistant bill clerk read the U.S. Supreme Court. Boxer Kaine Rubio nomination of Robin S. Rosenbaum, of Brown King Sanders In addition to her broad credentials Cantwell Klobuchar Schatz Florida, to be United States Circuit and wide litigation experience, Ms. Cardin Landrieu Schumer Judge for the Eleventh Circuit. Talwani has developed particular ex- Carper Leahy Shaheen Casey Levin Stabenow f pertise in legal issues that relate to employment. She is the associate edi- Collins Manchin Tester NOMINATION OF THEODORE REED Coons Markey Udall (CO) tor of a treatise on the Family and MITCHELL TO BE UNDER SEC- Donnelly McCaskill Udall (NM) Medical Leave Act compiled by the Durbin Menendez Walsh RETARY OF EDUCATION Feinstein Merkley Warner American Bar Association. Her work Franken Mikulski Warren The ACTING PRESIDENT pro tem- representing an investment advisor Gillibrand Murkowski Whitehouse pore. Under the previous order, the whistleblower who was allegedly retali- Hagan Murphy Wyden clerk will report the Mitchell nomina- ated against for reporting accounting NAYS—37 tion. irregularities to her supervisor earned Alexander Graham Paul The bill clerk read the nomination of her the distinction of being named one Barrasso Grassley Portman Theodore Reed Mitchell, of California, of Massachusetts Lawyers Weekly’s Blunt Hatch Risch to be Under Secretary of Education. Chambliss Heller Top 10 Lawyers for 2010, and she re- Roberts Mr. FRANKEN. Mr. President, I yield Coats Hoeven Scott cently won a victory in that case on Cochran Inhofe Sessions back all time on the nomination. appeal before the U.S. Supreme Court. Corker Isakson Shelby The ACTING PRESIDENT pro tem- Ms. Talwani is also committed to Cornyn Johanns Thune pore. The question is, Will the Senate Crapo Johnson (WI) public service, providing pro bono rep- Toomey Cruz Kirk advise and consent to the nomination resentation to indigent clients. She has Vitter Enzi Lee Wicker of Theodore Reed Mitchell, of Cali- worked with Greater Boston Legal Fischer McCain fornia, to be Under Secretary of Edu- Services to ensure that low income cli- Flake McConnell cation? ents have access to counsel. NOT VOTING—6 The nomination was confirmed. Ms. Talwani’s nomination is strongly Begich Burr Moran The ACTING PRESIDENT pro tem- supported by the Asian American Law- Boozman Coburn Pryor pore. The President will be imme- yers Association of Massachusetts. The PRESIDING OFFICER. On this diately notified of the Senate’s action. Asian Americans are a fast-growing vote the yeas are 57 and the nays are Ms. WARREN. Mr. President, earlier segment of our State’s population, and 37. The motion is agreed to. today the Senate confirmed Indira that growth is reflected in our State Under the previous order, with re- Talwani to fill a judicial vacancy on bench—which currently has 10 Asian spect to the Talwani, Peterson, and the District Court for the District of American judges. Remarkably, when Rosenstengel nominations, the motions Massachusetts. confirmed, Ms. Talwani will be the first

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — SENATE S2847 individual of Asian descent to serve on goals of the legislation before us today velop renewable and alternative the Federal bench in Massachusetts. and are worthy of consideration, I be- sources are important for Nevada’s eco- Indira Talwani is a first-rate liti- lieve, by this body. nomic future. gator with impressive credentials. Her My first amendment, No. 2987, mir- Geothermal and solar production in unique professional and personal back- rors legislation I introduced in the my State is an integral part of the ground will bring important perspec- Senate last December, the Energy Con- United States’s ‘‘all of the above’’ en- tive to the Federal bench in Massachu- sumers Relief Act. This initiative ergy strategy. In fact, my home State setts. I am proud to have recommended would help protect Americans from of Nevada is often called the Saudi her to President Obama, and I have no new billion-dollar EPA regulations Arabia of geothermal. Our Nation’s doubt that she will have a long and dis- that may increase energy prices and, of public lands can play a critical role in tinguished career on as a member of course, destroy jobs. that mission, but uncertainty in the the judiciary. The United States, and especially my permitting process impedes or delays home State of Nevada, continues to f our ability to harness their renewable grapple with high unemployment, with energy potential. LEGISLATIVE SESSION record numbers of Americans under- Under current law permits for wind employed, and with families struggling The ACTING PRESIDENT pro tem- and solar development are completed to make ends meet. Instead of advo- pore. The Senate will resume legisla- under the same process for other sur- cating for policies that would put peo- tive session. face uses, such as pipelines, roads, or ple back to work, the Obama adminis- power lines. The public land manage- f tration continues to develop rules that ment agencies need a permitting proc- will increase Americans’ utility costs, HIRE MORE HEROES ACT OF 2014— ess tailored to the unique characteris- causing companies to lay off employees MOTION TO PROCEED—Continued tics and impacts of renewable energy and stifle economic growth. The ACTING PRESIDENT pro tem- projects. This initiative develops a Just last month the EPA and the pore. The Senator from Nevada. straightforward process that will drive Army Corps of Engineers put forth a investment towards the highest quality ENERGY POLICY new rule that will significantly expand renewable sources. Mr. HELLER. Mr. President, as has Federal regulatory authority under the been discussed much this week, I be- Clean Water Act. This rule would have In addition, the legislation estab- lieve our Nation needs a comprehensive a chilling effect, particularly out West lishes a revenue sharing mechanism energy policy that allows us to develop where our water resources are scant that ensures a fair return for all. Since our own domestic resources and use ex- and hydropower plays a significant role Federal lands are not taxable, State isting resources more efficiently. The in our energy portfolio. Just this week and local governments deserve a share United States is blessed with an abun- I visited with local irrigation managers of the revenues from the sales of en- dance of natural resources and we have and our rural electric cooperatives in ergy production on public lands within to act to ensure an affordable, stable my office, and they expressed strong their borders. These resources will help supply of energy needed to power our concerns that the substantial regu- local governments deliver critical serv- economy by developing them respon- latory costs associated with changes in ices and develop much-needed capital sibly. Democrats and Republicans must jurisdiction and increased permitting improvement projects, such as road work together to develop concrete poli- requirements will result in bureau- maintenance, public safety, and law en- cies that will lower prices, expand do- cratic barriers to economic growth, in- forcement. Additionally, revenues will mestic production, and reduce our de- frastructure development, and energy be utilized to support fish and wildlife pendence on foreign sources of energy production. conservation projects and to increases and minerals. These are the types of administrative outdoor recreation, such as hunting, That is why the debate we are having actions Congress must rein in. My fishing, and hiking activities that in the Senate this week is so impor- amendment would specifically require serve as a critical economic engine in tant. As a member of the Senate En- the EPA to be transparent when pro- the rural parts of my State. ergy and Natural Resources Com- posing and issuing energy-related regu- There is no doubt alternative sources mittee, I have seen how much work has lations with an economic impact of $1 of energy are a critical component of gone into the Energy Savings and In- billion or more. Additionally, it would our ‘‘all of the above’’ energy future. dustrial Competitiveness Act so far and prohibit the EPA from finalizing a rule While we work to develop and perfect have enjoyed being part of that proc- if the Secretary of Energy, in consulta- alternative technologies, we need to se- ess. This committee also has oversight tion with other relevant agencies, de- cure our economy now by having an en- over many of the other important, re- termines the rule would cause signifi- ergy policy that respects the cause of sponsible energy policies we have been cant adverse effects to the economy. the problem—supply and demand. debating this week. That is why I was All we are talking about here is I hope the Senate can put partisan disappointed to see a procedural step transparency and accountability. politics aside and have the opportunity taken by the majority yesterday block- American taxpayers deserve nothing to vote on related amendments to this ing consideration of any amendments— less from their government. It is im- bill—like those I have just discussed even amendments related to the very portant to note that this initiative today. These strong bipartisan pro- legislation we are considering today. I passed the House with overwhelming posals will rein in harmful regulations sincerely hope that prior to the cloture bipartisan support last year. The Sen- and spur domestic energy production. vote on this bill we can find a bipar- ate should do the same. Congress should take this opportunity tisan path forward to vote on related My second amendment, No. 2992, on to take a major step forward in imple- amendments such as the Keystone XL which I teamed up with my friend from menting 21st century energy policies Pipeline. Montana, Senator JON TESTER, to that will create jobs and keep con- Earlier this week I filed two com- craft, is an initiative we have been sumer energy prices low. monsense amendments that I hoped working on for many years. The Public I thank the Presiding Officer and could be and would be included in the Lands Renewable Energy Development yield the floor. debate this week. These initiatives Act is a strong bipartisan proposal that The ACTING PRESIDENT pro tem- would expand renewable energy devel- will help create jobs, progress towards pore. The Senator from Minnesota. opment across the West and put the energy independence, and preserve our brakes on job-killing regulations that Nation’s natural wonders by spurring REMEMBERING JIM OBERSTAR threaten to drastically increase our renewable energy development on pub- Ms. KLOBUCHAR. Mr. President, I constituents’ electric bills at a time lic lands. come to the Senate floor today to when middle-class families across this In Nevada we need jobs, not policies honor the life of a truly remarkable country have already been forced to that make job creation more difficult. man—a devoted husband, a loving fa- tighten their belts. Both of these Energy is one of our State’s greatest ther and grandfather, a dedicated amendments are consistent with the assets, and I believe continuing to de- friend, and a true public servant. Jim

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There was a Con- comfortable in the Aurora, MN, parade In a business known for rewarding gressman from Pennsylvania who in khakis and tennis shoes as he was at the expedient over the noble, he lived a talked about the time Jim visited his the French Embassy. One unique thing life of principle. He played the long district to celebrate the opening of a about Jim Oberstar was that he always game, and he did it on behalf of the new bridge. He said that Jim stood up broke into French at a moment’s no- American people. That is a great Amer- with no notes and recited in incredible tice, and he would literally speak ican, and that is a legacy worth cele- detail almost every infrastructure French at the French Embassy and in brating. project that had ever been built in that Paris, but he might also speak French We lost Jim suddenly this week in district, along with the name of every at the Aurora parade, even though no the middle of the night in his sleep. Congressman who had ever served in one else there spoke French. The day before he had spent the day the district, with all the right pro- Whether he was biking the Mesabi with his grandkids. He had gone to one nunciations, and he even included their Trail or fishing on Sturgeon Lake or of his grandchildren’s plays. He had middle initials. He did it with no notes. hanging out with some of his constitu- been going on long bike rides. The Congressman was in awe. He ents at Tom & Jerry’s Bar in Chis- Even after he lost his election in 2010, walked back to his office, started look- holm—which is where he grew up—he he never let it get him down. He took ing back through the records and always loved northern Minnesota and all that energy and zest for life and put Googling things, and it was no surprise the people he represented. it into his family, put it into the con- to anyone that Jim was exactly right. Jim never lost sight of where he tinuing work he did on transportation, That was Jim. came from or the values he grew up put it into his friends and everything He loved politics. He thought of gov- with. He knew that, among other he loved to do. ernment as an honorable profession, things, his job in Washington was to be We mourned him today, but we also and he was so proud of the people who an advocate, and he approached every celebrated the incredible gifts Jim followed in his footsteps, whether what day with a fierce but disciplined ur- gave to our country. It is awe-inspiring he taught Senator FRANKEN and me as gency of purpose. What I loved most to think about how much time he spent we started representing Minnesota or one of his favorites, the mayor of Du- about him was that, in a day of sound mastering Federal transportation pol- luth, Don Ness, who started working bites and quick fixes, he was never icy: 47 years—nearly five decades—11 as with him when he was 23 years old as a afraid to give that long, long expla- a staff member on the House Transpor- young aide or whether it was all the nation of why he voted for something tation and Infrastructure Committee staff members who worked for him all or why he thought it was important to and 36 as an elected representative. those years. He was so proud of the his constituents. During that time he literally changed people he taught, the people he As the Star Tribune noted this week, the landscape of Minnesota and the mentored. He was so proud of the Mem- Jim was always a popular editorial country. His fingerprints can be found bers in Congress—Democrats and Re- guest and meetings with him were the on just about every major federally publicans—with whom he worked. He ‘‘equivalent of a graduate school sem- funded transportation project during would so often work to get amend- inar.’’ the last five decades—roads, bridges, ments and get little projects for their When I think about Jim, I first tunnels, rails, locks and dams, and bike districts, and then he would let them think—as someone whose roots are also paths. take the credit when they went home. in northern Minnesota, whose grandpa Jim loved bike paths. He was a vi- I wish to end today with something worked in the mines—about how he sionary. He was in front of everyone on Jim said in his farewell speech to Con- fought hard to keep the mines open that. He would try to get money for gress. He was reflecting on why he had when times were tough, back when bike paths, and people would laugh at originally run for office, and this is things were bleak and people were him: Bike paths? Who cares about bike what he said: hurting. paths? [The reason] why I came is to serve the Like my own grandpa, Jim’s dad was Now everyone wants bike paths. Ev- people, to meet the needs of their respective Slovenian, and he was proud of that. eryone wants bike paths in their com- families, and to leave this district, leave this And Jim’s dad, like my own grandpa, munities. House, leave this nation a better place than was also an underground miner. They Every American who flies in an air- I found it. were part of a generation of immi- plane or drives on our Federal high- There is no question that Jim Ober- grants who toiled hundreds of feet un- ways can thank Jim Oberstar. Every star left this world better than he derground day after day to mine the American who bikes their bike trails found it. Through his incredible legacy iron ore that built this Nation and and hikes places such as the beautiful of public service, he found immortality kept the world free in World War II. Lake Superior Trail in northern Min- in the beautiful children and grand- It was a hard, hard life—long days nesota or drives on our national high- children who were and are his family. and treacherous conditions, their fami- ways and bridges should remember He has left the world a better place. lies living in fear of that dread whistle him. The youngest one, a little baby we met that meant another miner had been in- He was a treasure trove of facts, fig- today at the funeral, was recently jured or killed. Jim knew that sound ures, and advice for every Member of adopted, and Jim’s daughter named well because he lived through it. Congress. He always used to kind of him ‘‘Jim.’’ So when Jim got to Congress, he poke fun at the Senate because he He left the world so much. He not fought tirelessly to not only keep the claimed things came here and didn’t only taught us how to win elections be- mines open but to protect the rights of get done. He would always say: All that cause he knew how to do that, he also the workers and to improve safety. ever happens in the Senate is you rat- taught us how to act and what to do During his first years in the House, ify treaties and confirm judges. when you lose an election. Jim pushed for legislation that created One day, close to my own election, I He has found immortality in the the Mine Safety and Health Adminis- was looking at the newspaper clips and hearts of those who knew him and the tration. Today, thanks to the hard I saw my name next to Jim saying that lives of countless more who never will, work of Congressman Jim Oberstar, and I thought: Oh no, what has he said. in the majestic grandeur of stately mining conditions have greatly im- It was in the International Falls bridges and in the cool shadows of proved. paper, and I got it out and he had said: quiet bike paths, in the hardhats hang- That was bread-and-butter legisla- Well, all the Senate ever does is con- ing in the lockers of hard-working min- tion for Jim—straightforward, com- firm judges and ratify treaties, but ers who go home safely at the end of

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I thank Senator KLO- curious about the world as he was, and Fourth of July parades on the Iron BUCHAR for her moving tribute to Jim he was almost always wrong about Range are a big deal, and there are a Oberstar. We both had the honor of that. lot of them. There were six of them in speaking today at his funeral. We were I once had the opportunity to speak 24 hours. This was his big chance to im- both honored by his wife Jean and by before Jim at the naming ceremony for press his new boss, and he screwed up his family. the James Oberstar Riverfront Com- every bit of it. Jim served the Eighth District for 36 plex, the headquarters for the Voya- The first thing he did was he was so years as their Representative. He geurs National Park in northern Min- obsessed with making arrangements served it for 11 years before that as a nesota. Since I was speaking before that he forgot to make his own hotel staffer on the Hill, as Senator KLO- him, I took the opportunity to predict reservation on the Range. Don lived in BUCHAR said. As she said, he died last what Jim would talk about. I said that Duluth. So he drove around the Range weekend in his sleep. I think Senator he would tell us the legislative history to get a room until 1:30 in the morning. KLOBUCHAR told me that the family of Voyageurs National Park; he would He found one in Virginia, MN. He over- said he wasn’t 99 percent, he was 100 tell us about all the different streams slept and had to drive to Chisholm, and percent. So this came as a shock to all of funding for the park; he would tell he was late. So he picked up Jim, and of us who knew Jim, and it obviously us the history of the French voyageurs, to make up the time, he drove fast and, deeply saddened us all. the first White men in Minnesota; and of course, he got pulled over and got a I announced for the Senate in Feb- that during part of the speech, Jim ticket, which made them really late for ruary of 2007, and a few days later I had would speak in startlingly fluent this parade, and they got put at the my first public event where I took French. Everyone laughed, including end, behind the horses, on a very hot, questions from folks. This was at a cof- Jim, but that didn’t stop Jim from tell- sweltering day. fee shop in St. James, MN, in the ing us the legislative history of the All during the day, Donnie made one southwest corner of our State, in the park, all the different funding streams, screw-up after another. He offended a First District. and all about the voyageurs—and that local DFL activist. He lost Jim for The first question I got was from a part in French—and delighting in every about a half hour. Jim knew where he woman asking if I believed there word of it. was, but he didn’t know where Jim should be term limits. From the way The first time I ever saw him chair, was. He left this black car parked di- she asked it, I knew she thought there I went over to the House to see him rectly in the sun during the parade, should be term limits, and I thought: chair a committee on high-speed rail. and it became—well, you know what Great. My very first question and I He had witnesses from China, Japan, that means. don’t agree with the person who is ask- France, and some other European Thankfully, after the fifth parade, ing it. country. When it was time for him to there was going to be a 3-hour break So I said: No, I don’t believe in term do his questioning, I learned that Jim and they were going to drive to some- limits, and let me tell you why—Jim had piloted every one of those high- body’s house where they would be able Oberstar. Jim has been Congressman speed rail systems. Of course, when he to eat and get in the air-conditioning for the Eighth District for 33 years questioned the French witness he did it and relax. Donnie decided to put the now, and he is chairman of the House in French, and it was a tour de force— signs in the trunk, and as he was doing Transportation and Infrastructure which I believe is French. it, as he was closing it, he saw the keys Committee, and he knows more about Jim understood the importance of in- in the car, locked in the car, and it transportation than anybody else in frastructure to our economy, to eco- took them 90 minutes to find someone the country. nomic development, and, as Amy was who could open the car, so they lost Everybody in the coffee shop, includ- saying, for recreation. His legacy will their break. ing the woman, kind of went, yes—they be in the ports, locks, dams, highways, Donnie was a 23-year-old kid, and he nodded—yes, that makes sense. bridges, and water systems throughout was certain he was going to be fired. He Jim was a walking advertisement our country, but it will also be in the felt he deserved to be fired. Jim had against term limits. He was the con- bike paths in Minnesota and around been calm with him all day, been nice summate public servant, and it was all the country. to him all day, but he figured Jim was because he was a man who sought Jim was an avid bike rider. He used stuck with him until the end of the day knowledge. He had a fierce curiosity to say he wanted to turn our transpor- and at the end of the day he would be about the world and an intense need to tation system—the fuel—from hydro- fired. He drives Jim home to Chisholm. understand how it worked. All that en- carbons to carbohydrates. It is 9 at night now. They get out of the abled him to accomplish so much. Jim will leave a legacy, and, as I car, and he starts to apologize and If Jim were here today, if he had one said, it all came from Jim’s thirst for says: I blew it today. I know this was more chance to speak to all of us, first knowledge. The pages are here, and I my chance, and I have blown it, and I he would say how much he loved his would urge them to thirst for knowl- will never be in public service. family and his friends and the people edge, not just information. Some peo- This guy is now—what term is he in who worked for him. Then he would ple in this town—and in other places now, Amy? His third? Yes, his third tell us the history of American infra- too—just look for enough information term as mayor of Duluth. What did he structure, starting with the Erie Canal to achieve some short-term goal. Jim get, 87 percent, or something like that? and how it opened Midwestern agri- sought knowledge, an understanding of But Jim stopped him and wouldn’t culture to Europe because, he would how things work. Because of that, he let him finish. He stopped him and he explain, it was 97 percent more effi- was able to get things done and was re- said: I am really proud of you. You had cient to ship those goods over water, spected by all of his colleagues on both a tough day. We had a tough day. You down the Hudson and over to Europe, sides of the aisle. Amy and I were both had a lot of adversity. You had a lot of than before. He would tell us how the there the day that colleagues in the things to overcome and you never lost Erie Canal made New York Harbor, House paid tribute to him, and it was your head, which was really not true; New York City, made it what it is both sides of the aisle equally. Donnie was panicking the entire time, today. Then he would take us through We had a retirement tribute for Jim which is probably why Donnie made the transcontinental railroad, rural in Duluth in 2011, and Don Ness, the those mistakes. electrification, the Interstate Highway mayor of Duluth—about whom Amy But then he gave Don a big hug—that System, and all the way to rural spoke briefly and who was at the serv- big Jim bear hug that so many people broadband. Then he would go back to ice today—told a story at that tribute talked about today. Then Don carried a

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The clo- with his head swimming, and he The Republicans have stated and ture motion having been presented couldn’t believe the kindness, the stated and stated they want a vote on under rule XXII, the Chair directs the warmth. As he started to back out, he Keystone. Good, let’s take a vote on clerk to read the motion. looked back and Jim was still on the Keystone. Can’t they take yes for an The legislative clerk read as follows: porch, and he gave him this big wave answer? The answer is: No. CLOTURE MOTION We are involved in this shell game. If and said: Happy Independence Day. We, the undersigned Senators, in accord- Minnesota lost a giant, the United seven of my Democrats made an agree- ance with the provisions of rule XXII of the States lost a giant this week, but we ment with the Republican leader, I Standing Rules of the Senate, hereby move also lost a good guy. He was a great think it would be untoward of me to go to bring to a close debate on the motion to guy—a great man and a good guy. to those Democratic Senators and proceed to Calendar No. 332, H.R. 3474, an act Mr. President, I suggest the absence say—for base politics—drop the ap- to amend the Internal Revenue Code of 1986 of a quorum. proval of what you believe in. to allow employers to exempt employees The PRESIDING OFFICER (Mr. We have been through this before. with health coverage under TRICARE or the Veterans Administration from being taken KAINE). The clerk will call the roll. There is no better example of that than the Transportation appropriations bill into account for purposes of the employer The legislative clerk proceeded to mandate under the Patient Protection and led by Chairman MURRAY and Ranking call the roll. Affordable Care Act. Mr. REID. Mr. President, I ask unan- Member COLLINS. They worked so hard Harry Reid, Ron Wyden, Robert Menen- imous consent that the order for the on that—lots of work they did on it. dez, Patty Murray, Barbara Boxer, Jon quorum call be rescinded. Amendments were offered. But do you Tester, Debbie Stabenow, Maria Cant- The PRESIDING OFFICER. Without know what happened? The Republican well, Bill Nelson, Thomas R. Carper, objection, it is so ordered. leader said: We are not going to pass Patrick J. Leahy, Brian Schatz, Mark R. Warner, Charles E. Schumer, John MOVING FORWARD that, and we didn’t. That is when Ranking Member COLLINS said: I have D. Rockefeller IV, Benjamin L. Cardin, Mr. REID. Mr. President, I hope my Martin Heinrich. Republican colleagues will think long never known—I am paraphrasing, but and hard the next few days. We have this isn’t far from an exact quote—I Mr. REID. I ask unanimous consent made some progress this year—it has have never known a leader to work so that the mandatory quorum under rule been limited but some progress—in hard against one of their own. XXII be waived. passing a few bipartisan bills. We start- All we are asking is for Republicans The PRESIDING OFFICER. Without ed with the Murray-Ryan budget, to drop their filibuster of this bipar- objection, it is so ordered. which was significant, and we were tisan bill sponsored by 14 Democrats The PRESIDING OFFICER. The Sen- able to get that done. We were able to and Republicans. The bill is supported ator from Connecticut. by the Chamber of Commerce, the get the debt ceiling raised without the Mr. MURPHY. Mr. President, I ask Business Roundtable, the National As- struggle we have had the last 5 years. unanimous consent to speak as if in sociation of Manufacturers, and many We were able to pass an Omnibus morning business. others. The PRESIDING OFFICER. Without spending bill, which is significantly Sadly, the Republican leader has important. We worked together to pass objection, it is so ordered. said, in effect, if he can’t get every- AFFORDABLE CARE ACT a childcare development block grant thing he wants—and right now that is bill. And after four or five attempts to Mr. MURPHY. Mr. President, there a moving target—the Republicans who was a fairly remarkable hearing in the end a filibuster, which we were unable worked on this bill are out of luck. House of Representatives yesterday in to do, but finally we were able to do This is not the spirit of compromise in the Energy and Commerce Committee, that, we got five stalwart Republicans which this body is supposed to operate, upon which I used to sit when I was to join with us and we passed the un- but unfortunately it is what we hear there. It called together some of the employment extension benefits. all too often from my friend the Repub- Nation’s biggest insurers to talk about Today, we have before us the Sha- lican leader—nothing but endless ob- the failures of the Affordable Care Act heen-Portman energy efficiency bill, struction and gridlock. creating 200,000 jobs. It is a fine piece I know many Republicans are un- as seen through the lens of the insur- of legislation. It started out good, but happy with the way things have been ance companies. it got better as the bill’s sponsors going. They talk to me. I am sure part First up on the docket for Repub- worked together to incorporate 10 Re- of it is just to get this off their chest, licans was the claim that no one had publican amendments, joined by some but they want to change things around paid their premiums, that people had Democrats, and it is a better bill now here. My message to them is: The only signed up for plans, but a report which than it has ever been. thing standing in the way of our mov- had been released by the Energy and My Republican colleagues, for more ing forward on energy efficiency or Commerce Committee in the House than a year, have been asking: Please other bipartisan legislation is to move suggested in fact only maybe about 60 let us vote again on Keystone. I person- forward on it. And if Keystone is the percent of them actually paid their ally oppose Keystone. I think it is real- object of what they want done, let’s get premiums. ly bad to make oil out of the most it done. So they asked representatives from dirty carbon stuff there is, to ship it I hope my Republican colleagues will WellPoint, Aetna, and other insurance clear across the United States, and think hard in the coming days about companies to confirm that fact, and of then to ship it overseas, which is what the right thing to do. Do they want to course they did not. WellPoint said, in they would like to do. I oppose that. continue waging obstruction, as we fact, 90 percent of the people who But if Republicans think it would help have seen on minimum wage and on signed up for WellPoint plans—the big- get energy efficiency passed, let’s vote pay equity? We know the right answer gest insurer through the Affordable on it, and that is what I have told ev- is that we should move forward, and I Care Act—have paid their premiums. erybody. hope in the days ahead we will come Aetna said the number for them is If they want a vote on Keystone, that together. It is really for the American somewhere in the low to mid-80s. Both was the agreement they made, let us people. numbers are actually representative of have a vote on Keystone, and then let Mr. President, it is my understanding what people in the non-Affordable Care the bill that was sponsored by 14 Demo- the motion to proceed to H.R. 3474 is Act market pay with respect to their crats and Republicans—7 of each—to now pending. premiums. move forward. I want to be very clear The PRESIDING OFFICER. That is When we dig deeper into the Energy with my Republican colleagues. The correct. and Commerce report, we found out the

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — SENATE S2851 reason they suggested that only about went into law: Job growth has contin- Lastly, one of the biggest red her- 60 percent of the people had paid their ued unabated. rings in this debate has been the issue premiums is because most people’s pre- Specifically, Republicans said: It is of cancellations. No doubt there have miums hadn’t been due yet. They going to result in people who were been hundreds of thousands of plans all didn’t have to pay them when they had working full time to move to part-time across the country that have been can- signed up for the plans in February and work. The Congressional Budget Office celed since the Affordable Care Act was March. in a report which came out about 2 put into place, but Health Affairs, one So they tried another tactic. They months ago said there is absolutely no of the most respected, nonpartisan said: We have heard all these reports economic evidence to suggest full-time health journals in the country, did an and news media representations that work is shifting to part-time work. article, I believe a couple weeks ago, you are going to be increasing pre- That is not a trend actually happening which said there is absolutely nothing miums next year by double digits. in the economy. I understand there are different about the number of cancella- The insurers said: No, we have no anecdotes and stories which are true tions which happened in the wake of idea what our premiums are going to where employers have made that the implementation of the act as com- be next year. We don’t have the data choice, but there is no broader eco- pared to what had happened in that yet. In fact, we are starting to get the nomic evidence that there is a shift same period before the implementation subsidies coming into our plans that from full-time work to part-time work. of the act; that there is high turnover help keep these premiums affordable Republicans said it is going to cost in the individual market. for low- and middle-class individuals too much. Sylvia Burwell was before While there are certainly some plans across the country. the HELP Committee today, and she which were canceled by insurers be- It turned out to be an absolute dis- was very articulate in explaining the cause they didn’t meet the require- aster for Republicans on the Energy simple fact that the Congressional ments of the Affordable Care Act, there and Commerce Committee because, as Budget Office has revised downward wasn’t a surge in cancellations com- the insurers also pointed out, their Federal health care expenditures by pared with the number of cancellations profits have done pretty well, their $900 billion over the 10-year period which happened prior to the act. stock prices have done pretty well over from the passage of the Affordable Care So if we just go through—whether it the past several years, because the Af- Act to a decade later. We are going to is the claim that no one is paying their fordable Care Act is working for pa- be spending $900 billion less than the premiums or that rates are going to go tients and, as it turns out, for the in- CBO initially thought we would, in up or that nobody will enroll, that it surance companies that have offered large part because of all the wellness, will kill jobs, that it will cost too plans on the exchanges. prevention, and pay-for-performance much or that young people will not It is representative of a whole litany measures built into the Affordable Care sign up or that the uninsured will not of complaints Republicans have reg- Act. sign up or that cancellations are higher Premiums are lower than expected on istered with respect to the Affordable than normal—every single one of these these exchanges, which saves $5 billion Care Act’s horror stories and worst- claims turns out to be wrong. case scenarios which have simply not in and of itself. The overall cost of the That is not to say this act and its im- come true. I will take a few minutes to bill is 17 percent lower than what CBO plementation hasn’t been without its run through each of these arguments initially estimated—huge savings for significant warts. There are flaws in the Federal budget and for the specific because I think it is important to have the bill. There have been big bumps in line items within the Federal health some context to understand that each implementation, but the fact is that care act. one of their representations has not OK. Fine, they said, but young people polls are starting to show a growing ac- come true. Thus, as they turn to their aren’t going to sign up. It is ultimately ceptance and approval of the law next series of representations or chal- going to be older, sicker people, and amongst the American public because lenges to the act, I think we can look you will not have the right mix. they have listened to these claims that back on history as a pretty good pre- I think I said WellPoint was the big- the sky is going to fall from Repub- dictor of the future when it comes to gest insurer. It is in fact the second licans, and not only has the sky not Republicans’ ability to prognosticate biggest insurer. They said the average fallen, but 15 million or so people about an Affordable Care Act which is age of enrollment has come down every across this country have more afford- working now for millions of Americans. single day in a meaningful fashion. The able health care because of the Afford- The first thing they said is nobody is risk pool and the product selection able Care Act. The uninsurance rate in going to enroll. They said the Web site seem to be coming in the manner we this Nation has dropped by 25 percent. was unfixable. Of course we know that had hoped. It is very encouraging right Taxpayers are saving $900 billion over is the easiest to debunk now that we now. the course of the 10-year period fol- have 8 million people who have en- Big companies such as United are lowing the passage of the bill. rolled through the private exchanges going to be offering new plans on ex- I haven’t even gotten into the qual- and another 4 million to 6 million peo- changes similar to those in Con- ity metrics. Rates of hospital-acquired ple who have enrolled via Medicaid ex- necticut because they as well see the infections are down. The number of pansion, and 3 million young adults risk pools are exactly as they had people who are readmitted to the hos- who are now on their parents’ plan. In hoped. pital after a complicated surgery is fact, enrollment far outpaced what ini- But the uninsured will not sign up. dramatically down. tial expectations were and beat the This is just people who were insured This is why we passed the Affordable CBO estimates by 2 million people. shifting to other plans which are per- Care Act. It hasn’t lived up to every- So clearly Republicans were wrong haps better or cheaper for them—bunk one’s expectation, but to the extent when they said nobody would sign up as well. The new Gallup survey, which that the goal of the act was to reduce for the Affordable Care Act. They were is the best data we have on the number the number of people who are unin- also wrong when they said the Web site of people who have or don’t have insur- sured in this country, lower the rate of couldn’t be fixed. There is no excuse for ance in this country, shows remarkable growth of health care expenditures, what happened in the fall of last year decreases over the last two quarters in and increase quality, the data coming on the Web site, but it got up and run- the number of uninsured people in this in on a day-by-day basis is over- ning. Once it did, people were able to country—frankly, numbers which al- whelming and impossible to ignore. get on in record numbers. most seem too good to be true—a 25- More people have insurance, cost is They said the Affordable Care Act percent reduction in 6 months’ time coming down, and quality is getting was going to kill jobs. We have done with respect to the number of people better. nothing but add jobs by the millions without insurance in this country. At some point the facts have to mat- since the Affordable Care Act was One-quarter of the Nation’s uninsured ter. As former Senator Moynihan said: passed. There is a chart, which I don’t are now insured in the first 6 months of Everybody is entitled to their own have on the floor, that shows what has the full implementation of the Afford- opinion, but you don’t get to have your happened since the Affordable Care Act able Care Act. own set of facts.

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2852 CONGRESSIONAL RECORD — SENATE May 8, 2014 Taxpayers, the uninsured, consumers I would point out that this is a dras- from Iowa who is a very active sup- of all stripes understand what the true tic increase in spending when the porter of the health care law. He was story is; that all of the Republican health care law was supposed to do just on the floor day after day about how prognostications about the failure of the opposite. wonderful this health care law was dur- the Affordable Care Act have not come The Bureau of Economic Analysis re- ing the debate. true in the past and they are not likely ports higher spending in hospitals—the Let’s talk about what is happening in to come true in the future. largest rise since the 1980’s third-quar- one community in that Senator’s home There is a lot of work to do to con- ter. It is astonishing when the Presi- State in Eddyville. It says: tinue to make the Affordable Care Act dent promises the American people one Faced with a nearly $138,000 increase in in- better, and I hope every Senator is thing and delivers another. surance costs the Eddyville-Blakesburg-Fre- ready to do that work, but the data and In this same Monday USA Today mont School Board— the numbers tell us that increasingly, there is a Pew Research Center poll We are not talking about a business on a day-by-day basis, the Affordable which is interesting. When you read here; we are talking about a commu- Care Act works. about this, it says: nity school board— I yield the floor and I suggest the ab- The poll of 1,501 adults, including 1,162 reg- this week approved reducing the hours of sence of a quorum. istered voters, was taken April 23–27 . . . all para-educators from about 37 to just 29 The PRESIDING OFFICER (Mr. MAR- Other findings help explain the Democrats’ hours per week to avoid the requirements of KEY). The clerk will call the roll. woes. By more than 2–1, Americans are dis- the National Health Care Act. Mr. BARRASSO. Mr. President, I ask satisfied with the direction of the country. They remain downbeat about the economy. That is a side effect of the Obama unanimous consent that the order for They aren’t persuaded that the Affordable health care law that every Democrat in the quorum call be rescinded. Care Act is going to help them and their this Chamber voted for when that came The PRESIDING OFFICER. Without families. Even the president’s supporters up for a vote. objection, it is so ordered. worry he is a political liability for fellow So they had some meetings. HEALTH CARE Democrats. The article goes on and says: Mr. BARRASSO. Mr. President, I I come to the floor today as a doctor In February, Superintendent Dean Cook come to the floor this afternoon to talk who has taken care of patients for 25 recommended cutting 12 special education about the health care law. I have vis- years in Wyoming, and my concern para-educators and three more working as li- ited with people in my home State of with health care is actually ‘‘care.’’ brarians. Wyoming and people from around the The President became fixated, as did My colleague from Connecticut said country who come to Washington, and the Democrats, on the word ‘‘cov- none of this is happening and that many of them want to talk about the erage.’’ Coverage doesn’t actually these are just incidental stories; don’t health care law and the side effects of make sure that people get the care pay attention to them. the health care law. They want to talk they need from a doctor they choose at The article goes on to say: about the health care law that the a lower cost. That is what people want- However, this week his recommendation Democrats voted for unanimously in ed with the health care law. They don’t instead was a choice of either cutting eight this body and Democrats on the other want what was pushed down their para-educators or to reduce the hours of all side of this building voted for over- throats by the Democrats in the House of para-educators (around 25 to 28 employ- whelmingly. and the Senate who said they knew ees), for the 2013–14 school year. A little earlier today, one of my col- better than the American people. One of the board members ‘‘opted to leagues who is a supporter of the law I find it fascinating to see that in reduce hours instead of cutting jobs.’’ came to the floor to say it is working States run by Democrats around the This is a tough situation to put a and everything is great. country—Maryland, Oregon, and Mas- school board in—reducing hours and I am here to say it is not and to dis- sachusetts—which have had the ex- cutting jobs. pute some of the comments made by changes and have given up. They have The board member noted: my colleague because I am hearing said, no, our State exchanges don’t It just gets pretty tight when we have cut from people whose care has been af- work and can’t work. Massachusetts paras in the past. Those people play key fected. Their lives have been affected, has been in play for a number of years, roles in running the schools. the ability to keep their doctor has and they had to shut it down and turn The article goes on: been affected, and the cost of their care it over to the Federal Government be- In fact, several teachers spoke to or wrote and the cost of their insurance has cause of the mandates and complex- letters to the board, providing a detailed ac- gone up. Many have had their insur- ities of the health care law—hundreds count of the jobs that para-educators per- ance canceled all because of the health of millions of dollars that should have form, urging the board not to cut these posi- care law. gone to care for people. It should have tions. One of the things the President gone to help people. Instead it has gone The article quotes one of the mem- promised the American people with the to consultants and computer compa- bers of the board, Gay Murphy, who health care law—he said it would lower nies. It is not helping people. It is said: ‘‘I feel very frustrated that our the cost of care, and people’s premiums wasted. hands are tied with the health care would go down $2,500 per family. He Massachusetts, Oregon, and Mary- act.’’ Fascinating. The board member said he wanted to go after this because land have given up. They said: We can’t has the same last name as the Senator health care spending was too high in even live under this health care law’s who was down here on the floor saying: the country, and the spending was mandates. Our computer systems don’t Oh, no; pay no attention to these im- going up. Yet we had a colleague say work. So let’s turn it over to Wash- portant stories. that the health care law is a success. ington. The American people are fed up The article goes on to say that Gay On May 5, just a few days ago, USA with turning things over to Wash- Murphy ‘‘asked that employees’ hours Today had a headline that said ‘‘Health ington. be cut by working less days instead of Spending Up Most Since ’80.’’ Health It was interesting to hear my col- less hours per day’’—but still cut the spending is up. The President said it league from Connecticut talk about hours under the President’s health care was going to go down because of his some of the concerns and stories that law—‘‘so it would be easier for employ- law, but it is up the most since 1980. we are sharing with the American peo- ees to get a second job if needed.’’ The article says: ple about folks losing their jobs, part The President’s health care law is Health care spending rose at the fastest of their pay, and bringing home small- cutting people’s hours, and they are pace since 1980 during the first three months er paychecks as a result of fewer hours trying to find ways to make it easier of the year . . . at work. for them to get a second job because They say that ‘‘Health care spending I would like to share a situation that their paychecks are being cut. Their climbed at a 9.9% annual rate last is now happening in Iowa. It was re- take-home pay is being cut because of quarter’’—almost 10 percent. That is ported a couple of weeks ago in the this health care law. not what President Obama told the Ottumwa Courier. Iowa is a State One other board member ‘‘noted that American people would happen. where we have a Democratic Senator quality employees may not stick

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — SENATE S2853 around for a 29-hour per week job and we went on the bill on Monday. Here it from issuing new energy efficiency that special education students have a is late Thursday afternoon, and it is mandates on residential boilers. It is need for more consistency that comes amazing that we haven’t had a debate not very complicated. It is not the end with full-time employees.’’ or a vote on a single amendment in 3 of the world one way or the other, but This is a sad story, and it is hap- days. Now we are finished for the week on the margins, I think this matters a pening in communities all across the so we are not going to have any debate little bit to families. country. I think it is not a surprise on any amendments or any votes to- I will tell my colleagues why. We all that Republicans continue to come to morrow either. We are going to go the have residential boilers. These are our the floor to say there are huge side ef- whole week without having been able hot water heaters. We have them in our fects of the health care law, and for to seriously consider the merits or basements. We use them to heat water, some people who may have been helped problems with this bill, without being to heat our house, in some cases, and by the law, many people are being able to offer any ideas to improve or to to heat our water so we can take a hot hurt, and it is happening all across the change the underlying text. It is unbe- shower. This is pretty common. We all country. lievable. But this is what has become have them. That is why when I heard my col- routine in the Senate. The Department of Energy is in their league mention on the floor that people I have offered four amendments. I periodic process of reviewing the man- are getting used to it or there is an ac- fild four amendments I wish to debate, dates they impose on the energy effi- ceptance of the health care law, I I would like to have a vote on. I have ciency standards for the boilers. The would just point out an article in the cosponsored four other amendments only consideration in this review proc- Washington Post: my colleagues have filed. I think, alto- ess is whether they will make the man- gether, Republicans have drafted and Poll: Obamacare hits new low. dates more stringent than they are A new poll shows the public’s opposition to filed dozens of amendments; I don’t today, make them adhere to a tougher Obamacare has never been higher. know exactly how many—there are standard than the standard they are The Pew Research Center poll shows dozens—in part because we haven’t forced to adhere to today. disapproval of the law hitting a new considered an Energy bill in this Cham- Well, I think it would be better not high of 55 percent. It comes on the ber in 7 years. Things change in 7 to change the standard. That is my heels of several polls last week that years. Lots of things change. After 7 opinion. The reason I hold that view is showed the law had very little, if any, years of not having a debate over en- because the problem with a more strin- bump after signups on the health care ergy policy in America—something gent energy efficiency requirement on exchanges exceeded the goals. that is so basic to our economy, so im- these hot water heaters is it makes So here we are, an all-time low for portant to every single family, every them more expensive. It doesn’t matter approval of a health care law, and the single business, everyone—it might be much for really wealthy people, but for reason is because people’s lives have a good idea to have a debate and to a middle-income family or a low-in- been impacted. They have been hurt by offer some amendments, to have a dis- come family, it raises the cost of their this health care law. There are side ef- cussion and have some votes. But that home. It raises the cost of replacing a fects of the law. People who were prom- is not the way the Senate functions. hot water heater. There are a lot of ised they would be able to keep the We can’t do it. The majority party, the folks who can’t afford to have an un- majority leader, will not allow us to coverage they had—millions lost that necessary additional cost added to have amendments. coverage. They were told they could them. This isn’t terribly recent. Over the By the way, I don’t think we need to keep their doctor if they wanted to last 10 months, since July of last sum- force consumers to conserve energy. keep their doctor, and many Americans mer, the majority leader has permitted Everybody has an incentive to conserve lost their doctor. They were told the Republicans to have a grand total of 8 energy, because energy is not free. So cost of their insurance would go down amendment votes—8 votes in 10 people are perfectly happy to pay a lit- and it has instead gone up. They are months. The Senate is virtually shut tle more for more energy efficiency for paying higher premiums, higher down. That is what has happened. It a product if they can recoup that added deductibles, and now people’s pay- just so happens that during that same checks are shrinking and their take- period of time, the House Republicans, cost in the form of a lower energy bill home pay is less because of a health who are in control of the House, per- over time. People get that. They will care law that remains very unpopular. mitted the minority party to have 136 make that decision. They will do it vol- That is why I felt compelled to come votes. Of course, the irony is it is the untarily. In fact, the only reason we to the floor to point out to the Amer- House that has historically always op- need to mandate standards is if we ican people, and to this body, that erated under a kind of martial law ap- want to force consumers to pay bigger comments made previously by a col- proach where the majority party dic- premiums than they can recoup. If we league were not, at least in my opin- tates all terms—always has. But during only want them to pay for what they ion, based on what I have seen, heard, that 10-month period, they have had 136 can save in the future, they do it vol- and read, consistent with the real im- votes permitted to the minority party untarily. pacts of this health care law and the and we have had 8, and none on this So, to me, this is one of those annoy- impacts on patients, on providers, and Energy bill. None. Not one. ing little government mandates that is on taxpayers. I truly don’t understand why the ma- not necessary, and it reduces con- Thank you, Mr. President. I yield the jority party is so afraid of votes. What sumers’ choices and raises their costs, floor and I suggest the absence of a is so horrifying about casting a vote on and I don’t think it is a good idea, es- quorum. an amendment? But, apparently, that pecially now during difficult economic The PRESIDING OFFICER. The is the case. times when median wages have been clerk will call the roll. I will speak briefly about two of the declining, not rising. I don’t think it is The assistant legislative clerk pro- amendments I have filed that I would a good idea for the government to im- ceeded to call the roll. like to have a vote on. I am not asking pose a new cost such as this. So I have The PRESIDING OFFICER. The Sen- for an outcome, by the way. I accept an amendment that would forbid the ator from Pennsylvania. that. I don’t have any right to expect Department of Energy from ratcheting Mr. TOOMEY. Mr. President, I ask any particular outcome, but I don’t un- up the cost of an appliance we all have unanimous consent that the order for derstand why we can’t have a discus- in our homes. the quorum call be rescinded. sion, why we can’t have the debate, I get the fact that not everybody The PRESIDING OFFICER. Without why we can’t have the vote. By the agrees with me. That is fine. Some peo- objection, it is so ordered. way, Thursday afternoon, by now, we ple do want to impose this added cost ENERGY EFFICIENCY could have processed dozens of amend- for their own reasons, and that is fine. Mr. TOOMEY. Mr. President, we are ments. Actually, Republicans, in the What I don’t understand is why we considering the Shaheen-Portman en- end, all we wanted was a handful. can’t have the debate. Why can’t we ergy efficiency bill. That is what I be- I filed amendment No. 3037. It would have the discussion and then have a lieve this legislation is called. I think prohibit the Department of Energy vote? Then I either win or I lose, and

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2854 CONGRESSIONAL RECORD — SENATE May 8, 2014 we are done. But we don’t do that. Ap- threatens refineries in Pennsylvania. having much more robust debate and parently, the majority party is not As a matter of fact, I got a letter from far more amendment votes, by both the willing to allow Republican amend- a Philadelphia AFL–CIO business man- majority and the minority party, than ments. ager, a fellow named Pat Gillespie, who we are permitted to even consider in I have another amendment. This one wrote to me asking me to try to do the Senate. This is a sorry state of af- has bipartisan cosponsorship. I have something about this, because it is fairs. cosponsors who include Senator threatening the jobs of the people he It has been 7 years since the last de- COBURN, Senator FLAKE—actually, it is represents at the refineries where they bate on energy policy. An energy effi- Senator COBURN who introduced it ini- work. I will quote briefly from a por- ciency bill has come to the floor, and tially. I am a cosponsor. This amend- tion of his letter: energy efficiency amendments are not ment would eliminate the corn ethanol The impact of the dramatic spike in cost of permitted to have a discussion or a mandate from the renewable fuel the RIN credits— vote. That is what the Senate has come standard. That is the system by which the EPA to. What is that about? Well, existing enforces the ethanol mandate— I urge my colleagues and urge the law mandates that we take corn, con- from four cents to 1 dollar per gallon will majority party, in particular, which vert it into ethanol, and then the law cause a tremendous depression in . . . [our controls this body, and urge the major- requires that the ethanol be mixed refinery’s] bottom line in 2013. Of course at ity leader: Allow the Senate to func- with gasoline, and we all have to buy it the Building Trades, we need [the refineries] tion. Allow us to actually have a de- when we fill up our tanks. The Pre- to maintain and expand jobs. bate. Allow us to have some amend- siding Officer may be aware that we He closed by saying: ‘‘We need your ments. It is actually not that excru- now burn over 40 percent of all the corn help in this matter.’’ ciating to have a vote, and in a matter we grow in America. Over 40 percent of I am trying to help. I am offering an of a very short period of time, we could it, we end up burning in our cars, by amendment which would repeal the mow down lots of amendments and turning it into ethanol and mixing it corn ethanol mandate, together with move on to the next important piece of with our gasoline. my colleagues on both sides of the legislation. There were good intentions when this aisle. Energy is a very important issue for mandate was initially created. Some Again, I understand not everybody our country, for our economy, for people thought it would be good for the agrees with this. There are some people every consumer, and it deserves to environment. It turns out it is not; it is who like the ethanol mandate. They have a more serious consideration than bad for the environment. It is not just think it is a good idea to grow corn to it is getting. me saying this. The National Academy end up burning it in our cars. I yield the floor and suggest the ab- of Sciences, the Environmental Work- Why can’t we have this debate? Why sence of a quorum. ing Group—everybody acknowledges it can’t we have a vote? Why can’t we re- The PRESIDING OFFICER. Will the increases carbon emissions. solve these issues on the Senate floor? Senator withhold his request. Members on the other side of the But we do not. We spend the whole Mr. TOOMEY. I withhold my request. aisle thought the issue of carbon in the week waiting and wondering whether The PRESIDING OFFICER. The Sen- atmosphere—CO2 releases—was so im- we might be allowed to have one or two ator from Alaska. portant they were here around the amendments, only to find out, of Ms. MURKOWSKI. Mr. President, I clock in a dramatic display of political course, as usual, we get none. appreciate the comments of my col- theater to make this case. Well, here is So another week goes by with noth- league and friend from Pennsylvania an amendment that would reduce CO2 ing productive being done on the Sen- and the discussion of why we are here emissions because the ethanol require- ate floor and legislation that could be on a late Thursday afternoon. ment increases CO2 relative to where a vehicle for a meaningful, robust de- We started off the week with an air we would be if it didn’t exist. bate about energy policy in America— of optimism that with the energy effi- That is not the only problem with I have just given two examples. We ciency bill before us, we could get to the ethanol mandate. It raises the have dozens of subjects we could be de- that place where we could be debating price of filling our tanks. This is expen- bating. We did not insist on having all substantive issues of the day. As my sive stuff. Having to mix it with ordi- of them. But a handful of ideas? It is colleague has noted, we have not seen a nary gasoline raises the cost of driving. shocking to me—shocking that we can- real energy bill on this floor now for 7 Everybody has to drive. So not only is not allow the Senate to function, that years. When we think about the energy it bad for the environment, but it is Senator REID insists we cannot have an landscape in this country and what has more expensive for every single family open amendment process. happened in 7 years’ time—7 years ago, who operates a vehicle. It is disturbing because, of course, we were looking to build import termi- That is not all it does. Because we historically this was the body that did nals to receive LNG. Now we are debat- are diverting 40 percent of all the corn exactly that, had the open amendment ing—or hoping to debate—the export of we grow to our gas tanks, it is not process, had the open debate. This was our LNG. available in our cereals or in the food the—I am chuckling because it seems I have kind of put a target on my we feed to livestock, and so food prices so odd now, but historically the Senate back, if you will, and said: Let’s talk are higher than they need to be; they was considered the world’s greatest de- about what is happening with our oil are higher than they would otherwise liberative body because we would delib- potential in this country and our op- be because of this mandate. erate. The Senate used to do this. The portunity as a nation to export our oil, That is not all. Everybody acknowl- way it used to operate is the majority given that next year we will actually edges that ethanol has a corrosive ef- party would control the agenda, would be producing more oil in this country fect on engines, so it is doing damage decide what was on the floor and that than the county of Russia, than Saudi to our engines, which shortens the life is fair enough—but then, once the ma- Arabia, but that is going to require of the engines; again, not that big a jority leader would decide what bill some debate, some discussion, some deal if a person is extremely wealthy was on the floor, then it would be open policy considerations. and can kind of burn through cars. But for debate, until essentially the body If we cannot even get to the point for the vast majority of people I rep- exhausted itself and Members were fin- where we can move forward on an en- resent, cars are a very expensive cost ished offering amendments, and then ergy efficiency bill, how are we ever they incur, and having a policy that we would have a final passage vote. going to advance some of these policy systematically damages that very val- Nothing even remotely similar to that initiatives when it comes to our nat- uable asset doesn’t make a lot of sense is happening today. ural gas, when it comes to our oil or to me. I know a number of my colleagues, how we might be able to deal with There is yet another reason. These including the distinguished Presiding issues such as nuclear waste, where, ethanol mandates can have very dire Officer, have served in the House. It is quite honestly, until we can resolve consequences on some of our oil refin- unbelievable to me that now, for an ex- these issues, they are going to be hold- eries, and that can cost us jobs, and it tended period of time, the House is ing back our opportunity to advance in

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — SENATE S2855 these areas. How are we going to build No. 2 for us. Let us not allow the proc- THE NEXUS BETWEEN ENERGY AND WATER out the potential in this country for ess to bog down a good bill and a bill I would like to take a few minutes our renewables and how we integrate that deserves to not only pass this this afternoon to speak about the most them into an outdated system? There body but to be worked through the recent white paper I have released, and are so many policy issues we have to body on the other side and to ulti- this is on the connection or the nexus talk about. mately be signed into law by the Presi- between energy and water. I mentioned So when people suggest all we want dent. I had an opportunity to present this on to do is talk about energy, I am one I want to start work. I want to be Tuesday at the Atlantic Council here Senator who would love to do a lot of legislating. I also recognize this has in Washington. It is entitled, ‘‘The talking about energy. I would also like been a difficult time for us all right EnergyWater Nexus: Interlinked Re- us to be able to legislate on energy ini- now. We are not seeing a lot of legisla- sources That Are Vital for Economic tiatives. I would like us to update some tion moving through this Senate, but I Growth and Sustainability.’’ It is a of our energy policies, because as times have been trying to use the time I very timely subject, very relevant to have changed, unfortunately some of have, as the ranking member on the the current discussion of measures we our laws have not. energy committee, wisely, trying to can take to support energy efficiency. My colleague from Pennsylvania has focus on those areas where we can I think it is apparent, but it cer- mentioned there was a time when we critically examine the energy policies tainly bears repeating, that there are would have substantive debate. Take we have in place and how we might re- clear links between energy and water that back to the Energy bills that were fresh, how we might reimagine the en- and water and energy. These fall into before us when I first came to the Sen- ergy architecture we have. two categories. It sounds kind of sim- ate back in 2003. We took up an energy Last year I released a pretty major ple, but it is water for energy and en- bill at that time that was on the floor, ergy for water. Without water much of I know, for multiple weeks; it may report. We called it ‘‘Energy 20/20.’’ It is a blueprint that kind of lays out my our energy—electricity included—can- have been multiple months. not be produced. Our economy literally On July 25, 2003, we resumed consid- view of a sound, robust energy policy. I did not want a report that had taken a comes to a halt. Without energy—and eration of the Energy bill. We had a particularly electricity—the treat- unanimous consent agreement at that lot of time and energy and effort and love and passion to just sit on some- ment, the transport, the distribution of time that more than 370—370—remain- water does not function either. That ing amendments would be in order. body’s desk, so we have been working in this past year to flesh out some of all seizes up as well. Now, 2003 may seem like a long time So we have water and energy just in- ago for some, but for me it seems like the details we outlined in the blue- extricably linked, and I think it is im- just yesterday. Thinking about that, it print. portant to acknowledge that the con- is like: Wow. We were able to come to I have released now four separate tinued availability and reliability a UC on 370 amendments. white papers stemming from ‘‘Energy If we go back to the Energy Policy 20/20.’’ The first one was on LNG ex- should not be taken for granted. I Act, if we look at the amendment log, ports. The second was on energy ex- think sometimes this is the part we it shows that more than 130 amend- ports generally but also focusing on fail to keep in perspective. We are talking a lot about energy ments from Senators of both sides of the specific issue of the prospect for oil right now, but as we talk about energy, the aisle were considered. exports. We released a very well-re- let’s talk about how that energy source I think it speaks to the issues that ceived white paper on electric reli- intersects with water. In an effort to were at play at the time. We are still ability, and then earlier this week I produce this energy, how much water basing most of our energy policy, of had an opportunity to release a white are we consuming? In an effort to use course, on those 2005 and 2007 energy paper on the nexus between energy and that water, how much energy is being acts. water. All of these are available on the consumed to move or treat? So, again, I think it is important to recognize energy committee’s Web site. the nexus is tight. that when it comes to something as I have given speeches on the floor. I significant as our energy policy in this When it comes to water-for-energy, have addressed small groups, large an interesting statistic is that about 41 country, the debate is worthy, the de- groups, basically anybody who will lis- bate is important, and legislating on percent of our freshwater withdrawals ten, not only in my State of Alaska but in the United States are attributed to these issues is critically important. around the country. My colleagues and I know there are conversations yet cooling the vast majority of our power- those who have been listening have underway as to whether an amendment plants. This also consumes about 6 per- heard me say multiple times that what opportunity will be made available, cent of our freshwater. Water is also I am looking for, what I am hoping for, whether the four or five amendments routinely needed to produce the var- what I am trying to build are laws and the Republicans have offered that are ious energy resources we rely on, policies that will help us access our en- being considered by the majority lead- whether it is oil, coal, gas, or uranium. ergy resources to be able to have a pol- er and the bill’s sponsors of According to the Congressional Re- icy that says our energy should be ShaheenPortman, whether we will be search Service, the production of able to reach a fair consideration for abundant, affordable, clean, diverse, biofuels has the highest water-inten- the processing of those amendments. I and secure. sity value, requiring 1,000 times more would certainly hope we are able to do I joke about it and say there is no ac- water than conventional natural gas. just that. ronym for that, but I have arranged it So, again, understanding the intensity The energy efficiency bill, as I noted alphabetically so you can remember it. is important as we talk about our en- in my comments the day before yester- But when you think about these five ergy resources. Altogether, more than day, is good, sound policy. It is an im- components, when you incorporate 12 billion gallons of freshwater are con- portant leg in the energy stool. When these all together—abundant, afford- sumed daily for the combined produc- we talk about our energy resources and able, clean, diverse, secure—it makes tion of fuels and electricity across the what we have available domestically, pretty good sense. country. what we are able to be producing— I think the effort we have engaged in, Turning to energy-for-water, one whether it is our fossil fuels, whether in the energy committee, has been a study on a national scale found that di- it is our renewable fuels, whether it is worthwhile effort, and I hope this rect water-related energy consumption other alternatives—the recognition is broader conversation will forge con- amounted to more than 12 percent of that our most readily available energy sensus on what I think we recognize domestic primary energy consumption source is the one we do not waste. If we can be some tough issues. in 2010. That is equivalent to the an- can be more efficient, if we can do I have been working hard, even nual energy consumption of about 40 more when it comes to conservation, though we are not moving a lot of bills million Americans. this benefits all of us. through the floor right now, to try to We are seeing new technology, and So let’s figure out how we can move advance the conversation on so many we are seeing that really with the po- an energy efficiency bill. This is round of these issues I think are a priority. tential to provide a paradigm shift. But

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Severe The genesis and sustainability of tify all relevant energy-water nexus ac- droughts in California and for that such efforts are highly reliant on open tivities across the Federal Govern- matter across most of the Western and continuous information exchange ment—because we know it is just a United States only serve to underscore between the parties. I have suggested huge spaghetti mess here—and work the risks. Out West, of course, hydro- that the Federal Government not only together and disseminate the data to electric power is a major contributor can but should facilitate this exchange enable better practices and explore the to clean and cost-effective electricity of information on a national and inter- relevant public-private collaboration. generation, particularly in Washington national scale. It can do that by form- We also call for OMB to submit a cross- State, Idaho, and Montana. So if rivers ing genuine partnerships with the cut budget that details these Federal and reservoirs are running low, this stakeholders—including industry, utili- expenditures related to energy-water power-generation capacity is at risk. ties, and academia—and teaming up to activities. What we are looking to do is I believe the recent and rapid expan- advance a better understanding of the to streamline these efforts not just to sion of our domestic energy production energy-water nexus, adopt better prac- save water, not just to save energy, but is very good for our Nation, particu- tices through technological innova- to save taxpayer dollars. larly the growth in unconventional oil tions, and really learn from one an- It is good. It is sensible. I think it is and gas production. What we have seen other about the procedures and imple- a rationed approach. I would like to be is that it has created jobs, it has gen- mentation strategies. able to legislate on this, and I hope we erated revenues, it has revived local This dialogue should also include will get to that point where we are be- economies, and it really does wonders international perspectives on the en- yond the energy efficiency bill, the for our energy security. As I men- ergy-water nexus, utilizing the experi- Shaheen-Portman bill we have been tioned, the United States is now pro- ence and expertise from around the trying so hard to work to advance not ducing and exporting more energy than world. We have seen technological ad- only this week but for years now; ever before. Our net energy imports are vancements and great work going on in where we are beyond arguing over at a 20-year low. They are projected to Australia, the Gulf countries, Israel, whether we are going to be able to fall below 5 percent of total consump- and Singapore. The development of new move on some amendments; where we tion by 2025. and improved technologies can answer will take up with great energy and en- With many new wells located in re- the needs of both the domestic and thusiasm—pun intended—these initia- gions that have already experienced international energy-water markets. tives that will help our Nation to be some water shortages, we are seeing This could mean opportunities for job more productive, to be more energy se- producers who are moving in a direc- creation—good jobs—in high-tech, cure, to have a stronger national secu- tion to help ensure that there is going R&D, and manufacturing. rity, and to have energy policies that to be sufficient water available for What I am advocating with this are current and sound. both the work they are doing and other white paper and the proposals out I am one who tries to get up every regional needs. New technological ad- there is really better planning and bet- morning optimistic, glass half full, and vancements and new methods to main- ter collaboration. I am not looking for I want to believe we will work out an tain a balanced use of freshwater re- a top-down approach. I am not looking arrangement so that we can have a fair sources have been continuously emerg- for more binding rules or mandates. I amendment process that allows Repub- ing. am certainly not advocating for the licans to offer a small handful of I think it is important to recognize amendments to be debated and voted that folks are appreciating that you forceful implementation of any new policies or directives to use certain on, that will allow us to move an en- can’t count on an unlimited supply of ergy efficiency measure that is impor- technologies. The adoption of best this water resource. Utilizing our tech- tant to our energy policy and to dem- practices should always be on a vol- nology to be smart, to be efficient, is onstrate that perhaps we can do a little untary basis. going to put everyone in better stead. bit of legislating, a little bit of gov- Even in the case of conventional But having said that, I do believe that if we can demonstrate savings and erning, and advance the cause. power generation stations, techno- I yield the floor. logical innovation and advances can as- demonstrate efficiencies from new The PRESIDING OFFICER (Ms. technologies and better resource man- sist in reducing—if not eliminating— HEITKAMP). The Senator from Utah. the overall amount of water that is re- agement approaches, the stakeholders Mr. HATCH. I ask unanimous consent quired for cooling purposes. But, again, are going to figure this out, and they that my remarks be placed in an appro- the key is technology. Continued re- are going to say this is a win-win for priate place in the RECORD and that I search and development is at the heart their own bottom line. This makes be able to complete my remarks. of innovation and advancement. sense for their customers. It is good to The PRESIDING OFFICER. Without The questions that are appropriate to advance. objection, it is so ordered. ask are what can we do to ensure an Along these lines, I have introduced Mr. HATCH. Before I begin, I would adequate supply of water and how can energy-water legislation with Senator like to take a moment to address some we responsibly minimize the amount of WYDEN. We introduced it in January. proposals we have been hearing about water that is used for energy and then Our bill is the Nexus of Energy and in the tax space. also energy for water? Conservation, of Water for Sustainability Act—we call CORPORATE TAXATION course, can help reduce demand for it the NEWS Act—and it features some Some of us—myself included—were both water-for-energy and energy-for- plain old commonsense policy improve- very concerned to hear the other day water activities, but we have to recog- ments. What a concept. that a very big American corporation nize that it can only go so far. As I just Just think, in more ordinary times announced plans to merge with a some- mentioned, innovative energy and perhaps I would have even introduced what smaller but still large UK cor- water use strategies, coupled with ad- the proposed NEWS Act as an amend- poration and then have the combined vanced technologies, are equally im- ment to the bill we have before us. But entity domiciled in the United King- portant when trying to optimize our what we have—S. 1971—is a short bill, a dom. Apparently, a desire to escape the limited supplies. simple bill that directs the Office of high U.S. corporate tax was part of the I have called on all stakeholders in Science and Technology Policy to es- motivation for the merger. This type of the private sector as well as in govern- tablish a committee or a subcommittee transaction where a U.S. corporation ment to support R&D and demonstra- under the National Science and Tech- escapes the U.S. tax net is sometimes tion of new technologies that can real- nology Council to coordinate and referred to as an inversion. ly work to reduce our energy and water streamline the energy and water nexus Broadly speaking, there are two dif- consumption. activities of our Federal departments ferent ways to address the problem of

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — SENATE S2857 inversions. The first way is to make it even more intrusive on businesses, been and could have been a collabo- more difficult for a U.S. corporation to even more onerous and burdensome, rative endeavor aimed at discovering invert. Just today we have read ac- and by thinking they can force busi- the truth. Indeed, President Obama counts of Members of Congress who nesses to live in accordance with anti- publicly proclaimed he was ‘‘happy to propose doing just that. The second quated rules. cooperate in ways that Congress way is to make the United States a EXECUTIVE OVERREACH wants’’ and promised that his adminis- more desirable location to headquarter Madam President, I rise to defend, on tration would share with congressional one’s business. I believe the latter is by a separate matter, the separation of investigators all information con- far the better way. That would mean government powers enshrined in our nected to the administration’s own in- lowering the corporate tax rate and Constitution and the lawful preroga- ternal review. Secretary Kerry likewise having a more internationally com- tives of the Senate, in which I have had pronounced and promised ‘‘an account- petitive tax code. the privilege and honor of serving now able and open State Department’’ that Under current law, U.S. corporations for nearly 38 years. would provide truthful answers about are taxed on their worldwide income, Just last week I spoke from this po- all circumstances relating to the but foreign corporations are subject to dium about the Obama administra- Benghazi attack. tax only on income arising from the tion’s blatant disregard of its constitu- Unfortunately, the Obama adminis- United States itself. In other words, we tional obligations and in particular tration has been anything but open and subject our own corporations to a about how ideological devotion and po- accountable, nor has the White House worldwide tax system, while subjecting litical expediency have again and again and/or the State Department shown foreign corporations to a territorial trumped the President’s sworn duty to much willingness to cooperate in a con- tax system. It is strange that the U.S. uphold the law. In the short time since structive fashion with congressional Government treats foreign corpora- then, the White House has provided yet investigations into the matter. In- tions more favorably than American another egregious example of its will- stead, this administration has repeat- corporations, but that is, nonetheless, ingness to disregard clear legal obliga- edly rejected document requests from what we do. tions in favor of playing partisan poli- several congressional committees, There is a danger, if the relatively tics. broadly asserting its unwillingness to unfavorable treatment of American Just days ago we learned the Obama turn over whole swaths of relevant ma- companies is ratcheted up—which administration withheld particularly terial. seems to be the effect of some of these significant information from disclosure When congressional investigators re- anti-inversion proposals—that Amer- to Congress, despite a lawfully issued sponded with subpoenas, creating ican companies will become even more subpoena, during a House committee’s clearly defined and legally binding ob- attractive targets for takeover by for- investigation of the September 11, 2012, ligations for the administration to eign corporations. terrorist attack on the U.S. mission in comply, Obama officials have contin- I don’t know when my liberal friends Benghazi, Libya. One of these docu- ued to resist and in some cases have re- will catch on and realize that some of ments, an email from a senior White fused to disclose entire categories of their approaches are just downright House official, casts serious doubt critical documents. idiotic. about a number of the administration’s Throughout the investigation this As important as it is to get the cor- key assertions about the explanations administration has consistently em- porate tax rate down, no matter how it offered Congress and the American ployed a strategy of minimal compli- low we get the rate, we still need to re- people regarding the cause and nature ance. In many instances, executive of- place our antiquated worldwide tax of those attacks. ficials have heavily redacted the lim- system. Instead of imposing arbitrary There are many important questions ited range of documents the adminis- inversion restrictions on companies about Benghazi to which the American tration has in fact disclosed or forced retroactively and thereby further com- people deserve answers; questions congressional investigators through plicating the goal of comprehensive tax about how and why brave Americans the cumbersome and perhaps unneces- reform, we should first keep our focus died in this terrorist attack, four brave sary process of examining documents on where we can agree. By uniting Americans; questions about the cir- they insist must remain in the admin- around the goal to create an inter- cumstances under which our Nation istration’s possession. Such methods, nationally competitive tax code, we lost its first Ambassador in the line of when reasonably employed, have his- can keep American job creators from duty in more than a generation; ques- torically allowed the executive and leg- looking to leave in the first place. tions about how the Obama adminis- islative branches to make mutually ac- Successful tax reform can help re- tration advanced an admittedly false ceptable compromises, establishing ar- verse the trend and cause more busi- but politically advantageous narrative rangements that allow Congress access nesses to locate in the United States, about the attack during the home to the information it needs but enable bringing more jobs to Americans. Make stretch of a heated election campaign. the administration to protect legiti- no mistake. The trend is alarming. I appreciate the efforts of my col- mate interests and confidentiality. Just look at the number of U.S.-based leagues both in this body and in the Instead, President Obama and his firms, ranked by revenue, in the global House of Representatives in seeking a subordinates have taken these tactics Fortune 500 over the past decade, and fair and thorough investigation of this to the extreme, creating an unmistak- you will see a significant decline in the matter. What compels me to speak out able impression the administration has number. That, of course, means a lower goes beyond the substance of this par- something to hide. How could anybody tax base for the United States. ticular investigation, as critically im- look at what they are doing and not re- When are these people going to catch portant as that is. I am deeply troubled alize that is what they are doing. At on? by the Obama administration’s utter the very least, it is clear that execu- As I just said, tax reform can be used disregard for essential legal and con- tive officials have deliberately slow- to reverse that trend, make the United stitutional obligations. This lawless- walked this important congressional States an attractive place to locate ness is made manifest in many dif- inquiry. businesses and global headquarters, ferent forms. Indeed, the administration has man- and provide a base for more jobs in I wish to discuss this administra- aged to drag its feet and frustrate con- America. tion’s long pattern of obstinacy in re- gressional investigators for more than As the ranking member of the Sen- sponding to congressional investiga- 11⁄2 years since the Benghazi attack, ate’s tax-writing committee, that is tions and how this abuse has become limiting and delaying compliance for where my focus is, and I will work with the latest front in a vital struggle over 1 year since the first subpoena was anyone, Republican or Democrat, to against sweeping executive branch issued. achieve that goal. overreach that has characterized Presi- The Obama administration’s most re- It is ridiculous the ways some of our dent Obama’s term in office. cent abuse—a particularly egregious people in this government believe we Congress’s investigation into the act—has been its long delay in releas- can solve this problem by making it Benghazi terrorist attack should have ing emails that were clearly responsive

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The current administration actu- The administration only provided Con- this hostility most transparently when ally had the audacity to argue in Fed- gress these emails in mid-April after the administration openly challenges eral court that a committee of Con- disclosing them as part of compliance the legitimacy of congressional inves- gress was categorically barred from with an outside group’s Freedom of In- tigations and when administration offi- asking the judiciary to enforce a sub- formation Act request, even though the cials display outright contempt for poena that the executive branch had emails were undeniably relevant and proper lines of congressional inquiry. defied, a course of action implicit in responsive to a lawful congressional None of this is to say that some as- the structure of our Constitution, de- subpoena, a subpoena issued in the sertions of executive privilege are not manded by the Supreme Court’s juris- summer of 2013, 7 months earlier. reasonable or even valid. Past adminis- prudence, and recognized by courts for This is the second time the Obama trations have often asserted privilege decades. administration has simply passed on to claims before Congress, and some- Thankfully, one of President Congress documents it has previously times—sometimes—they have done so Obama’s own judicial appointees released to media and watchdog aggressively. This area of law has rel- roundly rejected this astonishing groups, a weak attempt at complying atively few judicial precedents. It is claim, but that should give Members of with a congressional subpoena. Now, largely defined by past practice in this body very little comfort. By chal- that is an administration out of con- which the distinction between legal re- lenging the very authority of Congress trol, an administration not living up to quirements and prudential interests is to investigate executive abuses, by the laws, an administration that is ig- often quite blurry. As such, we can ex- challenging the obligation of a Presi- noring legitimate inquiries of the Con- pect some legitimate disagreement as dential administration to accommo- gress, and an administration that to whether particular claims of execu- date congressional inquiries in good seems to think it can get away with tive privilege are within the bounds of faith, and by challenging the power of anything. More important, this episode reasonableness. Federal courts to resolve such disputes, demonstrates the careless and inten- But fundamentally the text and the Obama administration’s actions tionally evasive approach the adminis- structure of the Constitution enshrines represent a serious threat to our con- tration has taken in responding to con- a congressional right—and establishes stitutional structure. gressional subpoenas. A simple FOIA a congressional duty—to investigate Indeed, this particular effort to un- request turned up multiple documents executive branch activities. That is dermine essential institutional checks the administration admits are covered how through the years we have kept and balances is part of a broader pat- by a prior congressional subpoena and administrations straight. It is a very tern of executive abuse—one that in- therefore should have been disclosed important part of our job on Capitol cludes the Obama administration’s dis- months earlier. Hill. regard for its obligations to enforce the While the executive branch is obvi- Judicial precedents—as well as estab- law, its actions to exceed legitimate ously obliged to take all lawful re- lished practice between the legislative statutory authority, its attempts to quests seriously, it is outrageous this and executive branches stretching all defy specific requirements of duly en- administration would treat a routine the way back to the investigation of acted law, and its efforts to usurp leg- FOIA request from a private party with the St. Clair expedition under Presi- islative power from Congress. I spoke at length last week about more care and serious attention than a dent George Washington in 1792—also many such abuses of executive power lawfully issued subpoena from a coordi- affirm the rightful authority of Con- by the Obama administration. I will nate branch of the Federal Govern- gress to require Presidential adminis- continue to do so because I believe ment. I might add a coequal branch of trations to produce information in re- keeping the exercise of executive au- the Federal Government, the Congress sponse to congressional requests. thority within lawful bounds is essen- of the United States. Since the great constitutional clash- tial to the legitimacy of our govern- I wish I could say the Obama admin- es of the Watergate period, specific and ment and to the liberties of our citi- istration’s conduct and the investiga- binding precedents have detailed the zens. I recognize that doing so will re- tions into the Benghazi attack rep- requirement that administrations must quire continual vigilance—by the resented an anomaly, a unique instance seek to accommodate congressional in- courts, by the American people, and by in an otherwise respectful record of formation requests made in good faith, those of us who serve in Congress. good-faith efforts to cooperate with subject to adjudication by Federal This latest episode with the Benghazi congressional investigations and to re- courts. The Obama administration’s emails—as well as the President’s new spect Congress’s legitimate authori- actions clearly fall short of these basic pen-and-phone strategy—demonstrates ties. Unfortunately, that simply isn’t obligations. Its abysmal record—high- quite clearly that the Obama adminis- the case. Instead, we have experienced lighted most recently in the Benghazi tration has not shown any signs of re- a pattern of obstruction, repeated in- email controversy—has demonstrated lenting in its executive overreach. stances of bad faith in responding to that executive officials are not acting This unprecedented pattern of execu- lawful information requests and sub- in good faith to comply with legiti- tive abuse comes from a President who poenas, and a fundamental disrespect mate congressional inquiries. promised unprecedented transparency of the laws and norms underlying the The administration’s public efforts to and who regularly criticized his prede- Constitution’s separation of govern- delegitimize congressional investiga- cessor’s use of executive power, includ- ment powers. tions endangers not only the relation- ing in the context of executive privi- We have all witnessed such abuse in ship between the current White House lege. this administration’s handling of other and this Congress but more fundamen- The administration’s actions demand high-profile investigations, such as the tally undermines the separation of gov- a redoubling of Congress’ investigative botched gun-walking exercise in Oper- ernment powers by attacking one of efforts. I urge the majority leader to ation Fast and Furious. We routinely the most important checks on execu- join the House to form a joint select observe such hostility in more ordinary tive overreach. committee on the Benghazi terrorist matters, as this administration regu- The administration’s expansive jus- attack and its aftermath. larly delays and often refuses to pro- tifications squarely contradict the Su- I know many of my friends on the vide answers or produce information to preme Court’s command in United other side of the aisle—not to mention Members of Congress. States v. Nixon that ‘‘exceptions to the the Obama administration itself—have As the ranking member of the Senate demand for . . . evidence are not light- convinced themselves that this inves- Finance Committee, I see this all the ly created nor expansively construed, tigation is simply a partisan exercise, time, whether it is the refusal of the for they are in derogation of the search apparently prompting them to ignore Treasury Department to explain how it for truth.’’ the institutional struggle between Con- deals with its statutory debt limit or Even more troubling, the Obama gress and the Executive. the failure of the Department of Health White House has even attempted to un- I just wonder: What would have hap- and Human Services to respond to even dermine our congressional investiga- pened had Robert C. Byrd been our ma- the simplest questions about tory power at its core. This isn’t hyper- jority leader, as he was for so long? He

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — SENATE S2859 would not have put up with this for 1 The accumulation of all powers, legisla- ness, with Senators allowed to speak minute. He would have asserted this in- tive, executive, and judiciary, in the same for up to 10 minutes each. stitution’s authority and this institu- hands, whether of one, a few, or many, and The PRESIDING OFFICER. Without tion’s responsibility—Congress’ respon- whether hereditary, self-appointed, or elec- objection, it is so ordered. tive, may justly be pronounced the very defi- sibility, if you will—to get to the bot- nition of tyranny. . . . But the great security f tom of this. against a gradual concentration of the sev- TRIBUTE TO PAT BELL I served on the Iran-Contra special eral powers in the same department, consist committee. It is not a bad thing for us in giving to those who administer each de- Mr. MCCONNELL. Madam President, to investigate an administration that partment the necessary constitutional I rise today to honor an upstanding cit- appears to be out of whack, appears to means and personal motives to resist en- izen from my home State, the Com- be ignoring the basic tenets of the law, croachments of the others. monwealth of Kentucky. Pat Bell grew and appears to be hiding information The provision for defense must in this, as up in the heart of Appalachia and has in all other cases, be made commensurate to from the public. Forget the public spent his life working to better the re- the danger of attack. Ambition must be gion and the lives of those who call it right now. How about the Congress? It made to counteract ambition. is hard to respect an administration home. The Lake Cumberland Area De- As Madison explained, it is incum- that acts like this. velopment District will honor him on bent upon each of us to insist on Con- We should be eager to get to the bot- May 22 when they name their office gress’ right and duty to investigate the tom of the circumstances surrounding building The Pat Bell Building. executive branch, and to ensure that the Benghazi attack, and my friends on Patrick R. Bell was born and raised the administration abides by the most the other side ought to quit trying to in McCreary County, Kentucky. Pat basic—the most fundamental—require- was always passionate about helping protect the administration when they ments of our constitutional system. others, and once he finished his own know these are serious charges. These We owe the American people—not to education he began teaching in the are serious matters. We have an obliga- mention the families of those who per- McCreary County school system, rising tion to get to the bottom of it, and let ished—a meaningful investigation of to the position of school super- the chips fall where they may. There the Benghazi attack, not just to find intendent in the 1960s. were four deaths here of heroes. Following his tenure as super- All the Members of this esteemed answers to remaining questions but to intendent, Pat was selected to be the body—whether Democrat or Repub- affirm that this is still a Nation of laws and that the people’s elected represent- Lake Cumberland Area Development lican—should demand that Congress’ District’s first executive director. In institutional prerogatives are pre- atives are still capable of pursuing the truth and holding the executive branch this capacity Pat was able to increase served and defended. the quality of life in the region by or- As members of the legislative branch, accountable for its actions. ganizing infrastructure projects and we have the fundamental right—and This is a matter of great concern to me, and I am sure it is to a lot of peo- developing initiatives to increase eco- the accompanying duty—to exercise a nomic activity. lawful oversight function. When any ple who are starting to realize that there is a stonewalling like we haven’t Pat left the LCADD after 12 years at Presidential administration engages in the helm, but he never lost his desire extreme resistance and demonstrates seen since Richard Nixon. I don’t know that the President has to serve. In fact, his success at the an unwillingness to cooperate with le- LCADD led to his next post as the Di- gitimate congressional investigations, done this personally. I hope not. But he has to look into it. rector of the Lake Cumberland District we all—not just people on this side— Health Department. Pat served as di- have an institutional obligation to de- If he doesn’t, then I think it is up to the majority in this body to hold the rector from 1982 until his retirement in fend our rightful constitutional prerog- 1994, during which the Lake Cum- atives. administration to account, with the help of the minority, and to not have berland District Health Department ex- These executive abuses matter. The panded from five member counties to Obama administration has clearly and them ignore, disregard, and treat with contempt the rightful oversight that 10. consistently overstepped its authori- His retirement was short lived, how- we have an honor and an obligation to ties and ignored its obligations under ever. Never one to turn down an oppor- do up here. This is really a very serious our Constitution and Federal law. This tunity to serve his community, Pat ac- set of problems as far as I am con- overreach threatens the rule of law, cepted an appointment to become cerned. I hope the President will get and it undermines the governmental mayor of Columbia, KY. He then ran after his people down there. checks and balances necessary to se- for, and won, a second term, which ex- I think one of the problems is we cure our liberties as Americans. pired in 2010. Although he is once again have a lot of young people in the White President Obama promised unprece- in retirement, his friends and family House right now who haven’t had the dented transparency that would restore know him too well to rule out the pos- experience. On the other hand, some of trust and confidence in government. sibility of future public service. But his administration’s lawless ac- these things are so deliberate that we Pat Bell’s seemingly unlimited ca- tions have heightened the need for can’t blame it on lack of experience. pacity to serve others is an inspiration more robust and effective congres- These folks know and the people in the for us all. He truly has a servant’s sional oversight. Justice Department know. To have heart, and I ask that my Senate col- As even a liberal Washington Post withheld these emails the way they leagues join me in honoring him today. did, knowing they were crucial to any columnist opined earlier this week, f ‘‘The Obama White House can blame investigation, is something we should its own secrecy and obsessive control not tolerate here in the Senate. TRIBUTE TO JIM SHARPE over information’’ for the heightened Madam President, I suggest the ab- Mr. MCCONNELL. Madam President, scrutiny of its questionable activities. sence of a quorum. I rise today to honor the long and dis- Oversight investigations are a crit- The PRESIDING OFFICER. The tinguished career of Jim Sharpe. Now ical tool that Congress must use effec- clerk will call the roll. retired, Mr. Sharpe opened his first tively to promote government account- Mr. REID. Madam President, I ask business in Somerset, KY, in 1947. ability. The Obama administration’s unanimous consent that the order for Since that time he’s opened several escalating strategy of stonewalling, the quorum call be rescinded. more, pioneered the houseboat busi- even to the point of ignoring legal obli- The PRESIDING OFFICER. Without ness, and has become an irreplaceable gations and longstanding norms, now objection, it is so ordered. fixture in his community. threatens our rightful role in calling f Lake Cumberland is known by many the executive branch to account. as the ‘‘houseboat capital of the Indeed, the basic assumption that MORNING BUSINESS world’’—a designation that is owed in underlies the Constitution’s plan of Mr. REID. Madam President, I ask no small part to Jim Sharpe. Jim was government, as James Madison ex- unanimous consent that the Senate one of the first to pioneer the indus- plained in Federalist 47 and 51, is that: proceed to a period of morning busi- try—building his first houseboat in

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2860 CONGRESSIONAL RECORD — SENATE May 8, 2014 1953. Much has changed since he sold system, including independent labora- This trip to our Nation’s Capital is that first 10-by 24-foot steel boat, and tories and hospital outreach labora- just one way to say thank you. Jim has been there for it all, often tories that receive payment on a fee- But the West Virginia’s North Cen- leading the way. Houseboats are now for-service basis under the fee sched- tral community has much more much bigger—up to 20 by 100 feet—and ule. I ask my distinguished colleague if planned to show their gratitude for are made of aluminum and have on- this is his understanding of the intent these devoted and courageous veterans. board heating and cooling systems. One of this provision as well. Upon the Honor Flight’s return Satur- thing that never changed, though, is Mr. HATCH. The Senator is correct. day evening, hundreds of West Vir- Jim’s passion for building his cus- And I thank my good friend from North ginians will welcome home our return- tomer’s ‘‘dream boat.’’ Carolina for raising this issue. I con- ing vets, including National Guards- Despite being one of the founding fa- cur; the intent of the provisions of the men, Civil Air Patrol volunteers, Cub thers of the industry, houseboats do bill reforming the Medicare Clinical Scouts, Boy Scouts and our famous not constitute the totality of his life’s Laboratory Fee Schedule is to ensure West Virginia University Mountaineer, work. Jim has owned and operated sev- that Medicare rates reflect true mar- Mike Garcia. eral other businesses in Somerset in ket rates, and that commercial pay- In addition, more than 155 band mem- addition to Sumerset Marine. In 1966, ment rates to all sectors of the lab bers from the Busy Bee Band and Hon- he developed Food Fair groceries, market should be represented, includ- eybees of East Fairmont High School which he grew into a chain of 13 stores. ing independent laboratories and hos- will perform a medley of patriotic Two year later, he opened Somerset’s pital outreach laboratories. songs, led by their band director and first fried chicken restaurant, Kettle Mr. BURR. I thank the Senator for former marine, T.J. Bean. Fried Chicken, and in 1974 he bought a his insights and his work on reform of I want to express my gratitude to my car dealership, Pulaski Motor Com- the Clinical Laboratory Fee Schedule. hometown community for their tireless efforts to make this Honor Flight a re- pany. f Although he is now retired, Jim still ality. I especially thank Butch Phillips has plenty to keep him busy. Jim and WORLD WAR II VETERANS VISIT and all the people who have been in- his wife of nearly 65 years Mary Jo Mr. MANCHIN. Madam President, I strumental in planning and fulfilling have four children and nine grand- am filled with so much pride every this truly special experience for our 93 children, and he has also found time to time our military veterans visit our West Virginia veterans. This generation of Americans was pick up golf and travel the country. Nation’s Capital and have the oppor- united by a common purpose and by Jim Sharpe’s drive and determina- tunity to stand before the memorials common values—duty, honor, courage, tion in his business, his commitment built to honor them. service, integrity, love of family and to his community, and his love of his This weekend, 93 veterans from country, and their triumph over op- family can serve as an example to us North Central West Virginia, escorted by 55 guardians, will be traveling to pression will be forever remembered. all. I ask that my U.S. Senate col- Let us remember that these Honor Washington, DC, to see the memorials leagues join me in honoring this up- Flights show tribute to all who have that commemorate their sacrifice and standing Kentucky citizen. served this great country, so may God valor. This will mark the very first f bless the United States of America and Honor Flight from North Central West all the men and women who keep us CLINICAL LABORATORY FEE Virginia—which is my hometown re- free. SCHEDULE gion of the ‘‘Mountain State.’’ Mr. BURR. Madam President, I would Fifty World War II veterans, 42 Ko- f like to engage my colleague, the dis- rean war veterans and one terminally LOUISIANA GRAY DAY tinguished ranking member of the Fi- ill Vietnam war veteran will fly from Ms. LANDRIEU. Madam President, I nance Committee, in a short colloquy the small town of Clarksburg, WV, to wish to honor Louisiana Gray Day, this regarding Clinical Laboratory Fee Reagan National Airport, and before Friday, May 9, and the thousands of Schedule payment reform provisions they lift off on a truly memorable and Louisianians and Americans with brain included in the SGR patch bill, Pro- moving day, I look forward to greeting cancer and their families. Brain cancer tecting Access to Medicare Act. our vets bright and early at the local is one of the most incurable forms of Mr. HATCH. I thank the Senator. I airport to wish them a safe trip to our cancer and has an average survival pe- would be happy to engage my distin- Nation’s Capital. I also will express my riod of only 1 to 2 years. It does not dis- guished colleague in a colloquy. Fur- deepest gratitude to these special men criminate—striking men, women, and ther, many thanks to him for his lead- who helped keep America free and children of any race and at any age. ership over the years on this issue. made the world a safer place for lib- Over 688,000 Americans are living with Mr. BURR. I thank my colleague and erty-loving people across our country a primary brain tumor and each year commend his work and the work of his and beyond our borders. over 69,700 people are diagnosed with staff in the development of this pro- Upon their arrival, 30 Active-Duty primary malignant and nonmalignant posal. Reform of the Clinical Labora- sailors from the National Naval Med- tumors. Brain tumors are the second tory Fee Schedule is an important pri- ical Center and 8 marines from the USS leading cause of cancer-related deaths ority. The current system does not West Virginia submarine will accom- in children under age 20, the second allow for changes in reimbursement for pany the Honor Flight entourage dur- leading cause of cancer-related deaths specific tests and instead, cuts to lab ing their daylong adventure. in males ages 20 to 39, and the fifth reimbursement have been broad reduc- These heroic West Virginians will leading cause of cancer-related deaths tions to the fee schedule overall. This travel to Washington to visit the World in females ages 20 to 39. imprecise approach has hampered the War II, Vietnam, Korean, FDR, Air More so than any other cancer, brain ability of labs across the country to Force, and Iwo Jima Memorials as well tumors can have life-altering psycho- continue to innovate and improve the attend a ceremony at Arlington Ceme- logical, cognitive, behavioral, and diagnosis and treatment of disease. The tery. physical effects. To help increase Protecting Access to Medicare Act re- While their step has slowed, their awareness and advance medical re- forms this outdated approach and es- spirit is keen, their pride is search for the various forms of brain tablishes a system requiring labora- undiminished, and their patriotism is cancer, the month of May is recognized tories to report market rates to estab- immeasurable. nationally as brain cancer awareness lish Medicare reimbursement. It is my No matter the war, no matter the month. My State has adopted May 9 in understanding that the intent of this rank, no matter the duty, every one of particular as the day when the citizens provision is to ensure that Medicare these 93 veterans answered America’s of the State are encouraged to wear the rates reflect true market rates for lab- call and served our great country with color gray to raise brain cancer aware- oratory services, and as such, that all the utmost valor. In our time of need, ness. sectors of the laboratory market they stepped forward and said: I will do Brain cancer has unfortunately af- should be represented in the reporting it—I will protect this country. fected many in my State. Today I

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — SENATE S2861 share just one of these stories to in- What I find most meaningful about sets. No other nation can match our crease awareness around this dev- Mystic Aquarium’s work, however, is public workforce’s professionalism and astating disease. Gary Leingang was its consistent focus on inspiring and level of accomplishment. Yet, too often diagnosed with glioblastoma, an ag- serving the people of Connecticut and public servants are disparaged and gressive form of brain cancer, in June visitors from around the world. Of the denigrated. Too often public servants 2008. At the same time Gary was fight- Aquarium’s 700,000 yearly visitors, one bear the brunt of deficit reduction. Too ing his cancer, his wife Mona was bat- in seven is a Connecticut K-12 student, often, public servants are asked to do tling breast cancer. Gary stood by her and because school budget constraints more and more with less and less. We side and took care of Mona when she too often limit learning opportunities need to strengthen and encourage our was on chemo and recovered. Unfortu- outside the classroom, the aquarium public workforce. We should always nately, Gary’s fight with brain cancer regularly offers complimentary admis- strive to make government better, ended on March 9, 2010. Before he sion to students and teachers from eco- more responsive, more efficient. passed, he said he wanted to make sure nomically disadvantage communities. On May 6 I had the honor of deliv- something good come out of his cancer. The aquarium’s deep investment in ering brief remarks at a breakfast or- So, in his honor, his wife and children promoting scientific and environ- ganized by the Partnership for Public have shared his story to advance sci- mental understanding among students Service to announce the finalists for entific research and increase awareness of all ages and backgrounds is simi- the 2014 Samuel J. Heyman Service to within the medical community in sup- larly reflected in its innovative pro- America Medals. These individuals and porting patients, their families and gramming for Native American high teams have been chosen for their com- caregivers afflicted with brain cancer. school students and for young people mitment to public service and because Last year, Mona worked with Lou- with intellectual disabilities. they have made ‘‘a significant con- isiana lawmakers to establish Lou- Having attended numerous events at tribution in their field of government isiana Gray Day on May 9—Gary’s Mystic Aquarium, I can personally at- that is innovative, high-impact and birthday. test to the dedication of everyone there critical for the nation,’’ according to It is my hope that in recognizing in serving Connecticut and improving the partnership. May 9 we will honor Gary’s legacy and animal habitat across the world. I I would like to take a few moments all help to bring greater awareness for know how hard Dr. Stephen M. Coan, to talk about the finalists. If Ameri- all those affected by brain cancer, and Dr. Ballard, and all of the aquarium’s cans want to see their tax dollars at perhaps even prevent some brain can- staff members and volunteers work to work, what follows are a few examples. cer-related deaths in the future. support these goals. For its legacy of Call to Service Medal finalists are f community-focused education and en- Federal employees whose professional ADDITIONAL STATEMENTS vironmental stewardship, I am proud achievements reflect the important to congratulate Mystic Aquarium on contributions that a new generation its receipt of the great honor.∑ brings to public service. RECOGNIZING MYSTIC AQUARIUM f Jonathan Baker, Delta IV launch ∑ Mr. BLUMENTHAL. Madam Presi- systems deputy chief engineer, U.S. Air SAMUEL J. HEYMAN SERVICE TO Force Space & Missile Systems Center dent, I am proud to recognize that AMERICA MEDALS FINALISTS today, First Lady Michelle Obama pre- Launch Systems Directorate, El sents Connecticut’s Mystic Aquarium ∑ Mr. CARDIN. Madam President, peo- Segundo, CA saved taxpayers more with the Institute of Museum and Li- ple often wonder why they pay taxes. than $4 billion on the purchase of 40 brary Services’ National Medal for Mu- Well, the short answer, former Asso- new rockets and led the engineering seum and Library Services for 2014. ciate Justice Oliver Wendell Holmes, team responsible for launching 13 Air This medal is the Nation’s highest Jr. famously wrote in a 1927 Supreme Force satellites into orbit. honor conferred on museums and li- Court decision, is that ‘‘taxes are what Anthony Cotton, Amanda Femal, braries for service to their commu- we pay for civilized society,’’ Jason Fleming, J.P. Gibbons and the nities, and I wish to convey my deepest (Compan˜ ı´a General de Tabacos de Development Credit Authority Trans- congratulations and admiration for Filipinas v. Collector of Internal Rev- action Teams, Africa team leader, Cot- Mystic Aquarium on this auspicious enue. The longer answer is that people ton; Asia and Middle East team leader, occasion. pay taxes for government goods and Femal; Latin America/Caribbean and Since 1973, Mystic Aquarium has show- services that make their families, busi- Eastern Europe team leader, Fleming; cased the wonders of the world’s oceans nesses, communities, and the United and Strategic Transactions team lead- through exhibitions, tours, classroom States of America stronger, safer, and er, Gibbons, U.S. Agency for Inter- programs, and partnerships with sci- more prosperous. The people who pro- national Development, Development entific organizations. In addition to vide government goods and services are Credit Authority, Washington, D.C. worldclass offerings like its diverse public servants. generated nearly $1 billion in aid for 60 collection of more than 4,000 animals This week is Public Service Recogni- projects in 42 developing countries dur- ranging from sea lions to penguins, the tion Week, an opportunity to acknowl- ing the past 2 years through an innova- aquarium boasts New England’s only edge and thank the 21.9 million men tive, public-private loan guarantee pro- beluga whale habitat, as well as an in- and women who work in local, county, gram. novative exhibit that showcases under- State, and Federal Government. Each Sofia Hussain, senior forensic ac- water exploration through a partner- day, these people teach our children; countant, Division of Enforcement, Se- ship with famed explorer Dr. Robert patrol our borders and ports; protect curities and Exchange Commission, Ballard. our food, land, air, and water; care for Boston, MA, helped Federal investiga- The aquarium maintains a laudable our veterans and senior citizens; de- tors crack intricate securities fraud commitment to making a difference for velop treatments and cures for illness cases and return hundreds of millions marine environments around the globe and disease; fight fires and respond to of dollars to investors by introducing through research and direct involve- natural disasters; make our commu- cutting-edge technology and data anal- ment. The Marine Animal Rescue Pro- nities safer; help domestic manufactur- ysis. gram rehabilitates dozens of injured ers compete abroad; enforce our laws Sara Meyers, director, Sandy Pro- seals every year, and a penguin task and administer justice; advance human gram Management Office, Department force has provided similar help to Afri- understanding of the smallest par- of Housing & Urban Development, can penguins in South Africa. The ticles, the vastness of the universe, and Washington, DC, created sophisticated aquarium’s extensive research includes the origin of life; and promote and de- data analysis systems to evaluate the field observations on wild belugas in fend American values and ideals performance of Federal housing pro- the Arctic and closer to home, the abroad. grams and set up processes to track aquarium enlists visitors in beach The knowledge, expertise, skill, and $13.6 billion in economic stimulus and cleanup and marine animal stranding commitment of our public sector work- $50 billion for Hurricane Sandy disaster and rehabilitation programs. force is one of America’s greatest as- recovery;

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2862 CONGRESSIONAL RECORD — SENATE May 8, 2014 Miguel O. Roma´ n, research physical zens and policymakers through the use ports to guard against terrorist at- scientist, Terrestrial Information Sys- of interactive online maps and other tacks. tems Laboratory, National Aeronautics visualizations. Gilbert Bindewald, Alice A. Lippert, and Space Administration, Goddard Marcia Crosse, Director, Health Care, and Patrick Willging, program man- Space Flight Center, Greenbelt, MD— Government Accountability Office, ager, Advanced Grid Modeling Re- provided timely and reliable informa- Washington, DC, directed congressional search, Bindewald; senior technical ad- tion on wildfires, storm damage and attention and prompted reforms to the visor, Energy Infrastructure Modeling global energy consumption to help sci- Food and Drug Administration’s global and Analysis, Lippert; senior logistics entists and policymakers better under- role in the regulation of drugs and specialist, Willging, Department of En- stand and respond to natural disasters medical devices to help the agency bet- ergy, Office of Electricity Delivery and and climate change. ter protect public health. Energy Reliability, Bindewald and This is your tax dollars at work. James D. Green, project officer, Divi- Lippert; Office of Petroleum Reserve, Career Achievement Medal finalists sion of Safety Research, Centers for Willging, Washington, DC, helped gov- are Federal employees with significant Disease Control and Prevention, Na- ernment authorities and power compa- accomplishments throughout a life- tional Institute for Occupational Safe- nies deliver emergency services and re- time of achievement in public service. ty and Health, Morgantown, WV, col- store electricity following widespread Scott Gerald Borg, head, Antarctic laborated with the ambulance manu- natural disasters by creating critical Sciences Section, Division of Polar facturing industry and multiple Fed- information sharing and assessment Programs, National Science Founda- eral agencies to create ambulance tools. tion, Arlington, VA, directed a world- crash standards to help reduce injuries This is your tax dollars at work. class research program in Antarctica and fatalities among EMS workers and Management Excellence Medal final- that led to important scientific discov- patients; ists are Federal employees dem- eries about climate change, the origins Douglas James Norton, senior envi- onstrating superior leadership and of the universe, previously unknown ronmental scientist, Watershed management excellence through a sig- sea life, and two new dinosaur species; Branch, Environmental Protection nificant contribution to the Nation Thomas Browne, Deputy Director, Agency, Washington, DC, engaged citi- that exemplifies efficient, effective, Office of Anticrime Programs, Depart- zens, scientists, and State agencies in and results-oriented government. ment of State, Bureau of International protecting their local streams, lakes, Sonny Hashmi, Acting Chief Informa- Narcotics and Law Enforcement Af- and rivers by providing access to water tion Officer, General Services Adminis- fairs, Washington, DC, transformed quality data and assessment tools via tration, Washington, DC, led the Gen- drug prevention and addiction treat- the Web; eral Services Administration’s ‘‘Cloud ment programs in 70 countries around Gu¨ nter Waibel, Adam Metallo, and Initiative,’’ improving employee effec- the world, providing special care and Vincent Rossi, Director, Digitization tiveness, reducing agency costs, and assistance to women and children; Program Office, Waibel, and 3D pro- creating a model for other Federal Robert A. Canino, regional attorney, gram officers, Metallo and Rossi, agencies to follow. Dallas District Office Equal Employ- Smithsonian Institution, Washington, Alan J. Lindenmoyer, program man- ment Opportunity Commission, Dallas, DC, made iconic treasures from the ager, Commercial Crew and Cargo Pro- TX, pioneered the use of civil rights Smithsonian’s vast collection acces- gram, National Aeronautics and Space laws to try human trafficking cases sible to students, teachers, historians, Administration, Johnson Space Center, when criminal enforcement and labor and curious visitors everywhere Houston, TX, transformed NASA’s laws proved ineffective in defending through the use of computerized 3D im- space travel programs, helping the foreign-born and intellectually dis- aging and printing technologies. United States continue important abled workers who were abused and ex- This is your tax dollars at work. space research while reducing taxpayer ploited: Homeland Security and Law Enforce- costs and stimulating the commercial Edwin Kneedler, Deputy Solicitor ment Medal finalists are Federal em- space industry. General, Department of Justice, Wash- ployees who have made a significant Marion Mollegen McFadden and the ington, DC, argued 125 cases and helped contribution to the Nation in activities Hurricane Sandy Rebuilding Task shape the Federal Government’s legal related to homeland security and law Force staff, senior attorney for disaster position on hundreds more before the enforcement, including border and recovery, Department of Housing and Supreme Court, while setting a high transportation security, civil rights, Urban Development Washington, DC, standard for integrity and protecting counterterrorism, emergency response, in the months following Hurricane the long term interests of the United fraud prevention, and intelligence. Sandy, coordinated efforts of numerous States; Omar Pe´rez Aybar, Reginald J. Federal agencies to help rebuild E. Ramona Trovato, Associate As- France, and the Miami HEAT teams, stronger and safer communities. sistant Administrator, Office of Re- assistant special agents in charge, Ronald E. Walters, Acting Principal search and Development, Environ- Miami Regional Office, Department of Deputy Undersecretary for Memorial mental Protection Agency, Wash- Health and Human Services, Office of Affairs; Department of Veterans Af- ington, DC, helped transform national Inspector General, Miami Lakes, FL, fairs Washington, DC, honored our Na- environmental health policy by focus- led hundreds of Medicare fraud inves- tion’s veterans by delivering the pin- ing attention on the impact of pollut- tigations that have resulted in more nacle of care and service at their final ants on children, and by devising strat- than 600 convictions in South Florida, resting place, while increasing avail- egies to respond to biological, chemical recovering hundreds of millions of dol- ability and access to burial sites and radiological contamination from a lars and providing an investigative throughout the country. terrorist attack; ‘‘roadmap’’ for other jurisdictions to This is your tax dollars at work. This is your tax dollars at work. follow. National Security and International Citizen Services Medal finalists are Susan M. Hanson, senior resident Affairs Medal finalists are Federal em- Federal employees who have made a agent, Federal Bureau of Investigation, ployees who have made significant con- significant contribution to the Nation Dothan, AL, brought to justice four tributions to the Nation in activities in activities related to citizen services, prison guards who brutally beat and related to national security and inter- including economic development, edu- murdered an inmate, and exposed a cul- national affairs, including defense, cation, health care, housing, labor and ture of abuse in Alabama prisons. military affairs, diplomacy, foreign as- transportation. Anthony Regalbuto, Chief, Office of sistance and trade. Michael Byrne, former geographic in- International and Domestic Port Secu- Jill Boezwinkle, senior program man- formation officer, Federal Communica- rity, U.S. Coast Guard, Washington, ager, Development Innovation Ven- tions Commission, Washington, DC, DC, assessed the vulnerabilities of hun- tures, U.S. Agency for International put detailed data about our Nation’s dreds of marine facilities and created Development, Washington, DC, guided broadband availability and commu- comprehensive security plans for do- a U.S. initiative to provide safe drink- nications systems in the hands of citi- mestic and international shipping ing water to 5 million people in Kenya

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — SENATE S2863 and Uganda, saving lives and pre- Washington, D.C., brought together in- CONGRATULATING STEVE AND venting illnesses for thousands of indi- dustry and environmental groups to CAROLYN COBURN viduals. adopt new efficiency standards for ap- ∑ Mr. HELLER. Madam President, I R. Patrick DeGroodt, deputy product pliances and commercial equipment wish to recognize Nevada’s own Steve manager, Department of the Army, Ab- that will save consumers money and and Carolyn Coburn for their recent erdeen Proving Ground, Aberdeen, MD, reduce energy consumption and air pol- victory at the 139th Kentucky Derby helped America’s war fighters achieve lution. with their co-owned horse, California Richard Rast, senior engineer, Air mission success and stay out of harm’s Chrome. California Chrome was the way by developing and deploying a new Force Research Laboratory, Kirtland victor by 13⁄4 lengths, and as a fellow Air Force Base, Albuquerque, NM, de- mobile communications network that horse owner, it gave me great pride to veloped a new, low-cost method of lo- gives Army units continuous watch a Nevadan-owned horse win this cating and tracking space debris that connectivity on the battlefield. coveted title. Jonathan Gandomi, former field rep- could severely damage or destroy spacecraft and vital communications, Steve Coburn, an Army veteran, and resentative for the counter-Lord’s Re- Carolyn Coburn are both Douglas sistance Army mission, Department of navigation, and weather satellites. Jeffrey Rogers, program manager, County residents who took a chance 5 State, Bureau of Conflict and Sta- years ago when they became part-own- bilization Operations Washington, DC, Ret., Defense Advanced Research Projects Agency, Arlington, VA, cre- ers in California Chrome’s mother, coordinated U.S. efforts to end the Love the Chase, as an investment op- atrocities of the Lord’s Resistance ated a wearable sensor that provides real-time information on the risk of portunity. Although Love the Chase Army, one of Africa’s oldest and most failed as a thoroughbred in the eyes of brutal extremist groups, and help vic- traumatic brain injuries to soldiers ex- posed to bomb blasts, resulting in the industry, the Coburns and other co- tims overcome decades of violence. owners decided to breed her, resulting Dr. Rana A. Hajjeh and the Hib Ini- quicker medical treatment and uncov- in California Chrome, the humble-be- tiative Team, Director, Division of ering previously undiagnosed injuries. ginnings horse who turned out to be a Bacterial Diseases, Centers for Disease This is your tax dollars at work. champion. Control and Prevention, Atlanta, GA, The individuals I have just named are California Chrome does not only win led a global campaign to convince some the best of the best. But they would be the first to acknowledge that they races, but he has become an integral of the world’s poorest countries to use stand on the shoulders of many col- member of the Coburn family. Every a vaccine to fight bacterial meningitis leagues. Yet these men and women who few weeks, the Coburn’s made the drive and pneumonia, an initiative that is es- have done so much in service to the from their rural Nevada home to watch timated to save the lives of 7 million American people have endured pay their foal grow into a champion and children by 2020. freezes, furloughs, benefit cuts, a gov- Sean C. Young and Benjamin J. Tran, never had a doubt that he was special. ernment shutdown, and shrinking electronics engineers, Air Force Re- His track record of 10 career starts and budgets. The Service to America Med- search Laboratory, Wright-Patterson 6 first-place finishes proves their pre- als finalists—and countless other dedi- Air Force Base, Dayton, OH saved U.S. dictions right. cated public servants across our coun- soldiers’ lives in Afghanistan by cre- As a fellow horse enthusiast, I appre- try—strive to serve their fellow citi- ating and deploying a new aerial sensor ciate the unique roles horses play as zens every day. They remind us why we system to help Army and Special companion animals, as well as an im- pay taxes. It is important that we Forces units detect and destroy deadly portant part of the commercial horse pause to reflect on their contributions, improvised explosive devices. racing industry. I know the citizens of This is your tax dollars at work. celebrate their successes, and give the ‘‘Silver State’’ are proud to see Science and Environment Medal fi- thanks for their service and their devo- humble Nevadans succeed in making nalists are Federal employees who have tion to helping create and sustain a their dream of having a winning horse ∑ made significant contributions to the civilized society. come true. Today, I ask my colleagues Nation in activities related to science f to join me in congratulating Steve and Carolyn for this unparalleled victory and environment, including biomedi- SMITH-LEVER ACT CENTENNIAL cine, economics, energy, information and wish California Chrome the best in ∑ Mr. CASEY. Madam President, I wish his future racing endeavors.∑ technology, meteorology, resource con- to mark the centennial of the enact- servation, and space. ment of the Smith-Lever Act. f William A. Bauman, M.D. and Ann M. The Smith-Lever Act established the Spungen, Ph.D., Director, Bauman, and EMMET COUNTY, IOWA Cooperative Extension Service, a vital ∑ Associate Director, Spungen, National nationwide system of educational part- Mr. HARKIN. Madam President, the Center of Excellence for the Medical nerships that brings together Federal, strength of my State of Iowa lies in its Consequences of Spinal Cord Injury, State and local governments and land- vibrant local communities, where citi- Department of Veterans Affairs, James grant universities. zens come together to foster economic J. Peters VA Medical Center Bronx, This network is administered by The development, make smart investments NY, greatly improved the health care Pennsylvania State University in all 67 to expand opportunity, and take the and the quality of life of paralyzed vet- counties of Pennsylvania. initiative to improve the health and erans by developing new ways to treat Access to the Cooperative Extension well-being of residents. Over the dec- long-overlooked medical problems. Program provides valuable informa- ades, I have witnessed the growth and William Charmley and James Tamm, tion, resources and educational pro- revitalization of so many communities Division Director, Assessment and grams to communities on a broad across my State. And it has been deep- Standards Division, Charmley, and range of issues. ly gratifying to see how my work in Chief, Fuel Economy Division, Tamm, As agriculture is Pennsylvania’s No. Congress has supported these local ef- Environmental Protection Agency, 1 industry, this program continues to forts. Charmley; National Highway Traffic serve as a valuable resource for agri- I have always believed in account- Safety Administration, Tamm, Ann cultural producers, small business own- ability for public officials, and this, my Arbor, MI, Charmley; Washington, DC, ers, students, consumers, and commu- final year in the Senate, is an appro- Tamm, led an interagency team that nities of all sizes. priate time to give an accounting of developed standards for cars and light The Cooperative Extension Program my work across four decades rep- trucks that will double fuel economy helps to maintain and support the agri- resenting Iowa in Congress. I take by 2025 and reduce carbon dioxide emis- cultural industry, while utilizing inno- pride in accomplishments that have sions by 6 billion metric tons; vative research and technologies to ad- been national in scope—for instance, John Cymbalsky, program manager, vance the future of the industry. passing the Americans with Disabil- Appliance and Equipment Standards, I ask the Senate to join me in hon- ities Act and spearheading successful Department of Energy, Office of En- oring the 100th anniversary of the farm bills. But I take a very special ergy Efficiency and Renewable Energy, Smith-Lever Act.∑ pride in projects that have made a big

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2864 CONGRESSIONAL RECORD — SENATE May 8, 2014 difference in local communities across private dollars, so it often has a tre- I retire from the Senate, I have no in- my State. mendous multiplier effect within a tention of retiring from the fight for a Today, I would like to give an ac- school district. Over the years, Emmet better, fairer, richer Iowa. I will always counting of my work with leaders and County has received $3.3 million in be profoundly grateful for the oppor- residents of Emmet County to build a Harkin grants. Similarly, schools in tunity to serve the people of Iowa as legacy of a stronger local economy, Emmet County have received funds their Senator.∑ better schools and educational oppor- that I designated for Iowa Star Schools f tunities, and a healthier, safer commu- for technology totaling $175,000. nity. Agricultural and rural development: DICKINSON COUNTY, IOWA Between 2001 and 2013, the creative Because I grew up in a small town in ∑ Mr. HARKIN. Madam President, the leadership in your community has rural Iowa, I have always been a loyal strength of my State of Iowa lies in its worked with me to secure funding in friend and fierce advocate for family vibrant local communities, where citi- Emmet County worth over $4.5 million farmers and rural communities. I have zens come together to foster economic and successfully acquired financial as- been a member of the House or Senate development, make smart investments sistance from programs I have fought Agriculture Committee for 40 years— to expand opportunity, and take the hard to support, which have provided including more than 10 years as chair- initiative to improve the health and more than $15.5 million to the local man of the Senate Agriculture Com- well-being of residents. Over the dec- economy. mittee. Across the decades, I have ades, I have witnessed the growth and Of course my favorite memory of championed farm policies for Iowans revitalization of so many communities working together has to be the commu- that include effective farm income pro- across my State. And it has been deep- nity’s commitment work to secure tection and commodity programs; ly gratifying to see how my work in Harkin wellness grants. From increas- strong, progressive conservation assist- Congress has supported these local ef- ing physical activity to promoting ance for agricultural producers; renew- forts. workplace wellness and educating stu- able energy opportunities; and robust I have always believed in account- dents about the dangers of tobacco, economic development in our rural ability for public officials, and this, my this funding has provided the key to re- communities. Since 1991, through var- final year in the Senate, is an appro- ducing health care costs and helping ious programs authorized through the priate time to give an accounting of Iowans live a longer, happier life. farm bill, Emmet County has received my work across four decades rep- Through the five programs included in more than $1.4 million from a variety resenting Iowa in Congress. I take the Lifestyle Challenge, participants of farm bill programs. pride in accomplishments that have lost a collective 3,467 pounds and Keeping Iowa communities safe: I been national in scope—for instance, clocked 23,911 hours of activity. Emmet also firmly believe that our first re- passing the Americans with Disabil- County has been at the forefront of sponders need to be appropriately ities Act and spearheading successful this effort, so I look forward to learn- trained and equipped, able to respond farm bills. But I take a very special ing how they have implemented to both local emergencies and to state- pride in projects that have made a big healthier living in their community. wide challenges such as—for instance, difference in local communities across Among the highlights: the methamphetamine epidemic. Since my State. Investing in Iowa’s economic devel- 2001, Emmet County’s fire departments Today, I would like to give an ac- opment through targeted community have received over $660,000 for fire- counting of my work with leaders and projects: In Northwest Iowa, we have fighter safety and operations equip- residents of Dickinson County to build worked together to grow the economy ment. a legacy of a stronger local economy, by making targeted investments in im- Wellness and health care: Improving better schools and educational oppor- portant economic development projects the health and wellness of all Ameri- tunities, and a healthier, safer commu- including improved roads and bridges, cans has been something I have been nity. modernized sewer and water systems, passionate about for decades. That is Between 2001 and 2013, the creative and better housing options for resi- why I fought to dramatically increase leadership in your community has dents of Emmet County. In many funding for disease prevention, innova- worked with me to secure funding in cases, I have secured Federal funding tive medical research, and a whole Dickinson County worth over $3.4 mil- that has leveraged local investments range of initiatives to improve the lion and successfully acquired financial and served as a catalyst for a whole health of individuals and families not assistance from programs I have fought ripple effect of positive, creative only at the doctor’s office but also in hard to support, which have provided changes. For example, working with our communities, schools, and work- more than $11.4 million to the local mayors, city council members, and places. I am so proud that Americans economy. local economic development officials in have better access to clinical preven- Of course my favorite memory of Emmet County, I have fought for over tive services, nutritious food, smoke- working together has to be our shared $1.3 million for the Iowa Great Lakes free environments, safe places to en- commitment to school construction, Community College for work on renew- gage in physical activity, and informa- renovation, and fire safety through the able energy programs, helping to cre- tion to make healthy decisions for Harkin school grants and Star Schools ate jobs and expand economic opportu- themselves and their families. These programs. Working together with state nities. efforts not only save lives, they will and local communities, this funding School grants: Every child in Iowa also save money for generations to has ensured Iowa students are learning deserves to be educated in a classroom come thanks to the prevention of cost- in schools that are safe, and modern. I that is safe, accessible, and modern. ly chronic diseases, which account for look forward to learning about the ren- That’s why, for the past decade and a a whopping 75 percent of annual health ovations made possible in Dickinson half, I have secured funding for the in- care costs. I am pleased that Emmet County. novative Iowa Demonstration Con- County has recognized this important Among the highlights: struction Grant Program—better issue by securing $120,000 in wellness Investing in Iowa’s economic devel- known among educators in Iowa as grants. opment through targeted community Harkin grants for public schools con- This is at least a partial accounting projects: In Northwest Iowa, we have struction and renovation. Across 15 of my work on behalf of Iowa, and spe- worked together to grow the economy years, Harkin grants worth more than cifically Emmet County, during my by making targeted investments in im- $132 million have helped school dis- time in Congress. In every case, this portant economic development projects tricts to fund a range of renovation and work has been about partnerships, co- including improved roads and bridges, repair efforts—everything from updat- operation, and empowering folks at the modernized sewer and water systems, ing fire safety systems to building new State and local level, including in and better housing options for resi- schools. In many cases, these Federal Emmet County, to fulfill their own dents of Dickinson County. In many dollars have served as the needed in- dreams and initiatives. And, of course, cases, I have secured Federal funding centive to leverage local public and this work is never complete. Even after that has leveraged local investments

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — SENATE S2865 and served as a catalyst for a whole ADA, and the ADA Amendments Act, I I extend my deepest sympathies to ripple effect of positive, creative have had four guiding goals for our fel- Joann and all of Ernie’s family. We will changes. For example, working with low citizens with disabilities: equal op- always remember Ernie for his coura- mayors, city council members, and portunity, full participation, inde- geous contributions to the United local economic development officials in pendent living and economic self-suffi- States of America and to freedom-lov- Dickinson County, I have fought for ciency. Nearly a quarter century since ing nations around the world. His serv- more than $9.2 million for Polaris passage of the ADA, I see remarkable ice to his country and his bravery and through the Department of Defense to changes in communities everywhere I dedication to his family and commu- provide All Terrain Ultra Tactical Ve- go in Iowa—not just in curb cuts or nity earn him a place among the out- hicles to the National Guard, helping closed captioned television, but in the standing men and women who have val- to create jobs and expand economic op- full participation of people with dis- iantly defended our Nation. portunities. abilities in our society and economy, Ernie’s wife Joann is a woman whom School grants: Every child in Iowa folks who at long last have the oppor- deserves to be educated in a classroom I am proud to call a friend. Together, tunity to contribute their talents and the two were an inseparable couple that is safe, accessible, and modern. to be fully included. These changes That’s why, for the past decade and a whose love for each other was obvious have increased economic opportunities to anyone who spent time with them. half, I have secured funding for the in- for all citizens of Dickinson County, novative Iowa Demonstration Con- They enjoyed traveling together and both those with and without disabil- sharing their stories with all who ea- struction Grant Program—better ities. And they make us proud to be a known among educators in Iowa as gerly listened. When not traveling or part of a community and country that volunteering, Joann and Ernie opened Harkin grants for public schools con- respects the worth and civil rights of struction and renovation. Across 15 their home generously to the many all of our citizens. people who loved their company. years, Harkin grants worth more than This is at least a partial accounting $132 million have helped school dis- of my work on behalf of Iowa, and spe- Throughout his life, Ernie main- tricts to fund a range of renovation and cifically Dickinson County, during my tained a dedication to the preservation repair efforts—everything from updat- time in Congress. In every case, this of justice and integrity, which I am ing fire safety systems to building new work has been about partnerships, co- honored to commend. Today, I join the schools. In many cases, these Federal operation, and empowering folks at the Clark County community and citizens dollars have served as the needed in- State and local level, including in of the ‘‘Silver State’’ to celebrate the centive to leverage local public and Dickinson County, to fulfill their own life of an upstanding Nevadan.∑ private dollars, so it often has a tre- dreams and initiatives. And, of course, mendous multiplier effect within a this work is never complete. Even after f school district. Over the years, Dickin- I retire from the Senate, I have no in- son County has received $1,124,075 in tention of retiring from the fight for a CONGRATULATING RABBI DR. Harkin grants. Similarly, schools in better, fairer, richer Iowa. I will always GERSHON C. GERWITZ AND DR. Dickinson County have received funds be profoundly grateful for the oppor- MINDY GERWITZ that I designated for Iowa Star Schools tunity to serve the people of Iowa as ∑ Mr. MARKEY. Madam President, I for technology totaling $223,047. their Senator.∑ wish to express my warmest congratu- Agricultural and rural development: f Because I grew up in a small town in lations to both Rabbi Dr. Gershon C. REMEMBERING ERNIE SCHOCH rural Iowa, I have always been a loyal Gerwitz and Dr. Mindy Gerwitz of friend and fierce advocate for family ∑ Mr. HELLER. Madam President, Brookline, MA upon their departure. farmers and rural communities. I have today we honor the life and service of Rabbi Gewirtz has served as Young been a member of the House or Senate Ernie Schoch, whose passing signifies a Israel of Brookline’s dedicated Mara Agriculture Committee for 40 years— great loss to Nevada. I send my condo- d’Asra for three decades, alongside his including more than 10 years as chair- lences and prayers to Joann and all of wife Mindy, and their children Yossi, man of the Senate Agriculture Com- Ernie’s family in this time of mourn- Henoch, Sorah Leah, Adina and Doniel mittee. Across the decades, I have ing. arrived in 1984. His wife, Dr. Mindy championed farm policies for Iowans Ernie came to the United States to Gerwitz has also been a longtime pas- that include effective farm income pro- become a member of the U.S. Air sionate and dedicated community lead- tection and commodity programs; Force. During his tenure in the Air er in her own right, contributing tire- strong, progressive conservation assist- Force, Ernie was a recipient of the less decades of service. ance for agricultural producers; renew- prestigious Good Conduct Medal. Air- Rabbi Gewirtz leaves Young Israel of able energy opportunities; and robust men awarded this medal must earn Brookline with an indelible legacy as economic development in our rural character and efficiency ratings of ex- one of the prime architects of Young communities. Since 1991, through var- cellent or higher throughout a 3-year Israel and as a local and national Jew- ious programs authorized through the period of Active military service or for ish leader, in Brookline, the Greater farm bill, Dickinson County has re- a 1-year period of service during a time Boston Jewish community, and the na- ceived more than $3.1 million from a of war. As one of our Nation’s service- tional Orthodox movement. members, he made exceptional sac- variety of farm bill programs. Rabbi Gewirtz has led in times of Keeping Iowa communities safe: I rifices for our country and deserves our great joy, incredible challenge, deep also firmly believe that our first re- deepest gratitude. I am both humbled tragedy and monumental growth. sponders need to be appropriately and honored by not only his but his Through it all, Rabbi Gewirtz has kept trained and equipped, able to respond family’s service to our great Nation. the Young Israel community together. to both local emergencies and to state- Ernie and his wife Joann were exem- He represented the Orthodox Jewish wide challenges such as—for instance, plary volunteers throughout the com- community locally and nationally with the methamphetamine epidemic. Since munity. Their selflessness extends far wisdom and integrity. Most impor- 2001, Dickinson County’s fire depart- beyond our Nation’s military. He was tantly, he established personal rela- ments have received over $500,000 for dedicated to supporting homeless vet- tionships with his congregants, always firefighter safety and operations equip- erans and worked with the U.S. Vet- serving their religious, spiritual, intel- ment. erans Initiative and other organiza- Disability Rights: Growing up, I tions in his spare time. As a member of lectual and halachic needs. loved and admired my brother Frank, the Senate Veterans’ Affairs Com- I wish to express my boundless grati- who was deaf. But I was deeply dis- mittee, I am proud to have continued tude to Rabbi Gewirtz for his many turbed by the discrimination and ob- his work through my own legislative years of devoted service to Young stacles he faced every day. That’s why proposals to help in assisting homeless Israel of Brookline and to the Com- I have always been a passionate advo- veterans. His volunteerism brought so monwealth of Massachusetts. He has cate for full equality for people with much to his community, and rest as- had a storied career, and I know the disabilities. As the primary author of sured his contributions will remain a best is yet to come for him and his the Americans with Disabilities Act, lasting legacy in the ‘‘Silver State.’’ family.∑

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2866 CONGRESSIONAL RECORD — SENATE May 8, 2014 TRIBUTE TO DR. KAY ford White, and chose the popular PROPOSED AGREEMENT FOR CO- SCHALLENKAMP Queen Anne’s style, which employed OPERATION BETWEEN THE GOV- ∑ Mr. THUNE. Madam President, today steeply sloping rooflines, gables, broad ERNMENT OF THE UNITED I honor Dr. Kay Schallenkamp on her porches, and deep entranceways. But, STATES OF AMERICA AND THE many accomplishments and upcoming as is the case with many in Rhode Is- GOVERNMENT OF THE SOCIALIST retirement. land, they also wanted to put their own REPUBLIC OF VIETNAM CON- Dr. Kay Schallenkamp was born in mark on the property—something that CERNING PEACEFUL USES OF Salem, SD. Her background includes would set it apart from their neigh- NUCLEAR ENERGY—PM 42 three degrees in communication dis- bors. So they added new materials, like The PRESIDING OFFICER laid be- orders; a bachelor’s degree from North- stucco, shingles, stained glass windows, fore the Senate the following message and an asymmetrical layout to draw ern State University, a master’s degree from the President of the United the eye in unexpected directions. from the University of South Dakota, States, together with an accompanying The house was both fashionable and report; which was referred to the Com- and a doctorate from the University of altogether different, and a new style mittee on Foreign Relations: Colorado. Her career has spanned for was born. So it is that ‘‘Shingle Style,’’ over 40 years, and her dedication to as it came to be known, is traced back To the Congress of the United States: education and the well-being of her to Rhode Island and the William Watts I am pleased to transmit to the Con- students is unmatched. Sherman House. gress, pursuant to sections 123 b. and Dr. Schallenkamp’s career in higher Today the home is one of more than 123 d. of the Atomic Energy Act of 1954, education originated as a professor of 21 historic buildings on the campus of as amended (42 U.S.C. 2153(b), (d)) (the communication disorders at Northern Salve Regina University, which has ‘‘Act’’), the text of a proposed Agree- State University in Aberdeen, SD, in sought to maintain the structures and ment for Cooperation between the Gov- 1973. She served as department chair commission new buildings that com- ernment of the United States of Amer- from 1982 to 1984, followed by an ap- plement Newport’s distinct architec- ica and the Government of the Social- pointment as dean of graduate studies tural tradition. That is why Salve Re- ist Republic of Vietnam Concerning and research in 1984. Dr. Schallenkamp gina University has been selected for Peaceful Uses of Nuclear Energy (the was named provost of Chadron State the Institute of Classical Architecture ‘‘Agreement’’). I am also pleased to College in 1988, and in 1992 she was & Art’s prestigious Arthur Ross Award transmit my written approval, author- named provost of the University of for Stewardship. It joins previous re- ization, and determination concerning Wisconsin-Whitewater. Before making cipients that include the New York Bo- the Agreement, and an unclassified Nu- her way back to South Dakota, Dr. tanical Garden in New York, Monti- clear Proliferation Assessment State- Schallenkamp served as the president cello, the Thomas Jefferson Founda- ment (NPAS) concerning the Agree- of Emporia State University in Kansas tion in Virginia, and the U.S. Commis- ment. (In accordance with section 123 from 1997 to 2006. sion of Fine Arts in Washington, D.C. of the Act, as amended by title XII of Since her arrival at Black Hills State The award recognizes the university’s the Foreign Affairs Reform and Re- University, BHSU, in 2006, Dr. ‘‘astute and indefatigable effort’’ to structuring Act of 1998 (Public Law 105- Schallenkamp has placed the needs of preserve its legacy for future genera- 277), a classified annex to the NPAS, BHSU ahead of her own. Due to her tions and expand upon the defining aes- prepared by the Secretary of State in diligent work, BHSU is the State of thetic of its campus and surrounding consultation with the Director of Na- South Dakota’s third-largest univer- neighborhood. I could not imagine a tional Intelligence, summarizing rel- sity. She has been vital in physical ren- more worthy recipient. evant classified information, will be ovations across campus, including a The story of William Watts Sherman submitted to the Congress separately.) key transformation and addition to the House is one of many examples of ar- The joint memorandum submitted to Student Union, the construction of the chitectural innovation in the Ocean me by the Secretaries of State and En- Life Sciences Laboratory, and updates State, from ‘‘stone-ender’’ farmhouses ergy and a letter from the Chairman of to the campus residence halls. Prepara- in Lincoln, to vast industrial spaces the Nuclear Regulatory Commission tions are also being made for the addi- like Slater Mill in Pawtucket, and to stating the views of the Commission tion of a new residence hall and a re- Gilded Age mansions like The Breakers are also enclosed. An addendum to the model of Jonas Science Hall in partner- in Newport. We see our own history re- NPAS containing a comprehensive flected back to us through these struc- ship with the Sanford Underground Re- analysis of Vietnam’s export control tures, and by preserving them we see search Facility in Lead, SD. Dr. system with respect to nuclear-related more clearly how much has changed Schallenkamp has served as the presi- matters, including interactions with dent for the last 8 years and in that and why. I am proud to see an institution that other countries of proliferation con- time BHSU has significantly grown. cern and the actual or suspected nu- Dr. Schallenkamp is retiring after a cares deeply about preserving New- port’s architectural heritage receive clear, dual-use, or missile-related long and successful career to spend transfers to such countries, pursuant more time with her family. She and her worthy recognition. I applaud Salve Regina’s dedication to Rhode Island’s to section 102A of the National Secu- husband Ken have two daughters: rity Act of 1947 (50 U.S.C. 403–1), as Heather (Shad) in Kansas have two rich cultural history and congratulate them on this prestigious honor.∑ amended, is being submitted separately children, Alyssa and Tyler. Jenni by the Director of National Intel- (Danny) Simon in North Carolina have f ligence. two sons, Keenan and Reece. MESSAGES FROM THE PRESIDENT The proposed Agreement has been ne- I am honored to recognize Dr. Messages from the President of the gotiated in accordance with the Act Schallenkamp for her accomplishments United States were communicated to and other applicable law. In my judg- and wish her a happy retirement.∑ the Senate by Mr. Pate, one of his sec- ment, it meets all applicable statutory f retaries. requirements and will advance the non- proliferation and other foreign policy f RECOGNIZING SALVE REGINA interests of the United States. UNIVERSITY EXECUTIVE MESSAGES REFERRED The proposed Agreement provides a ∑ Mr. WHITEHOUSE. Madam Presi- As in executive session the Presiding comprehensive framework for peaceful dent, in 1874, a financier named Wil- Officer laid before the Senate messages nuclear cooperation with Vietnam liam Watts Sherman and his wife from the President of the United based on a mutual commitment to nu- Annie Wetmore decided to build a States submitting sundry nominations clear nonproliferation. Vietnam has af- house on a plot of land Wetmore had which were referred to the appropriate firmed that it does not intend to seek inherited from her father in Newport, committees. to acquire sensitive fuel cycle capabili- RI, just a few blocks from Sheep Point (The messages received today are ties, but instead will rely upon the Cove. The couple hired the respected printed at the end of the Senate pro- international market in order to en- architects H.H. Richardson and Stan- ceedings.) sure a reliable nuclear fuel supply for

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — SENATE S2867 Vietnam. This political commitment and security. Accordingly, I have ap- process of producing or utilizing special fis- by Vietnam has been reaffirmed in the proved the Agreement and authorized sionable material; preamble of the proposed Agreement. its execution and urge that the Con- (C) ‘‘Component’’ means a component part The Agreement also contains a legally of equipment or other item, so designated by gress give it favorable consideration. agreement of the Parties; binding provision that prohibits Viet- This transmission shall constitute a (D) ‘‘Conversion’’ means any of the normal nam from enriching or reprocessing submittal for purposes of both sections operations in the nuclear fuel cycle, pre- U.S.-origin material without U.S. con- 123 b. and 123 d. of the Act. My Admin- ceding fuel fabrication and excluding enrich- sent. istration is prepared to begin imme- ment, by which uranium is transformed from The proposed Agreement will have an diately the consultations with the Sen- one chemical form to another—for example, initial term of 30 years from the date of ate Foreign Relations Committee and from UF6 to UO2 or from uranium oxide to its entry into force, and will continue the House Foreign Affairs Committee metal; in force thereafter for additional peri- (E) ‘‘Decommissioning’’ means the actions as provided for in section 123 b. Upon taken at the end of a facility’s useful life to ods of 5 years each. Either party may completion of the 30 days of continuous retire the facility from service in a manner terminate the Agreement on 6 months’ session review provided for in section that provides adequate protection for the advance written notice at the end of 123 b., the 60 days of continuous session health and safety of the decommissioning the initial 30 year term or at the end of review provided for in section 123 d. workers and the general public, and for the any subsequent 5-year period. Addi- shall commence. environment. These actions can range from tionally, either party may terminate BARACK OBAMA. closing down the facility and a minimal re- the Agreement on 1 year’s written no- THE WHITE HOUSE, May 8, 2014. moval of nuclear material coupled with con- tice. I recognize the importance of ex- tinuing maintenance and surveillance, to a AGREEMENT FOR COOPERATION BETWEEN THE complete removal of residual radioactivity ecutive branch consultations with the GOVERNMENT OF THE UNITED STATES OF in excess of levels acceptable for unre- Congress regarding the status of the AMERICA AND THE GOVERNMENT OF THE SO- stricted use of the facility and its site; Agreement prior to the end of the 30- CIALIST REPUBLIC OF VIETNAM CONCERNING (F) ‘‘Equipment’’ means any reactor, other year period after entry into force and PEACEFUL USES OF NUCLEAR ENERGY than one designed or used primarily for the prior to the end of each 5-year period The Government of the United States of formation of plutonium or uranium 233, reac- thereafter. To that end, it is my strong America and the Government of the Social- tor pressure vessels (including closure recommendation that future adminis- ist Republic of Vietnam, heads), reactor calandrias, complete reactor MINDFUL of their respective rights and trations conduct such consultations control rod drive systems, reactor primary obligations under the 1968 Treaty on the coolant pumps, online reactor fuel charging with the appropriate congressional Nonproliferation of Nuclear Weapons and discharging machines, or any other item committees at the appropriate times. (‘‘NPT’’) to which both the United States of so designated by agreement of the Parties; The proposed Agreement permits the America and the Socialist Republic of Viet- (G) ‘‘High enriched uranium’’ means ura- transfer of information, material, nam are parties; nium enriched to twenty percent or greater equipment (including reactors), and REAFFIRMING their commitment to en- in the isotope 235; components for nuclear research and suring that the international development (H) ‘‘Information’’ means scientific, com- nuclear power production. It does not and use of nuclear energy for peaceful pur- mercial or technical data or information in permit transfers of Restricted Data, poses are carried out under arrangements any form that is appropriately designated by that will to the maximum possible extent agreement of the Parties or their competent sensitive nuclear technology, sensitive further the objectives of the NPT; authorities to be provided or exchanged nuclear facilities, or major critical AFFIRMING their desire to promote uni- under this Agreement; components of such facilities. In the versal adherence to the NPT; (I) ‘‘Low enriched uranium’’ means ura- event of termination of the Agreement, AFFIRMING their support for the Inter- nium enriched to less than twenty percent in key nonproliferation conditions and national Atomic Energy Agency (‘‘IAEA’’) the isotope 235; controls continue with respect to ma- and its safeguards system, including the Ad- (J) ‘‘Major critical component’’ means any terial, equipment, and components sub- ditional Protocol (INFCIRC/540); part or group of parts essential to the oper- DESIRING to cooperate in the develop- ation of a sensitive nuclear facility; ject to the Agreement. (K) ‘‘Material’’ means nuclear material, Vietnam is a non-nuclear-weapon ment of peaceful uses of nuclear energy; MINDFUL that peaceful nuclear activities byproduct material, radioisotopes other than state party to the Treaty on the Non- must be undertaken with a view to pro- byproduct material, moderator material, or Proliferation of Nuclear Weapons. tecting the international environment from any other such substance so designated by Vietnam has in force a comprehensive radioactive, chemical, and thermal contami- agreement of the Parties; safeguards agreement and an Addi- nation; (L) ‘‘Moderator material’’ means heavy tional Protocol with the International RECALLING the Memorandum of Under- water or graphite or beryllium of a purity Atomic Energy Agency. Vietnam is a standing between them concerning Coopera- suitable for use in a reactor to slow down tion in the Nuclear Energy Fields, signed at high velocity neutrons and increase the like- party to the Convention on the Phys- lihood of further fission, or any other such ical Protection of Nuclear Material, Hanoi, the Socialist Republic of Vietnam on March 30, 2010; material so designated by agreement of the which establishes international stand- AFFIRMING in particular the goal of pur- Parties; ards of physical protection for the use, suing the safe, secure, and environmentally (M) ‘‘Nuclear material’’ means source ma- storage, and transport of nuclear mate- sustainable development of civil nuclear en- terial or special fissionable material. rial, and has ratified the 2005 Amend- ergy for peaceful purposes and in a manner (N) ‘‘Parties’’ means the Government of ment to the Convention. A more de- that supports nuclear nonproliferation and the United States of America and the Gov- ernment of the Socialist Republic of Viet- tailed discussion of Vietnam’s intended international safeguards; AFFIRMING the intent of the Socialist nam; civil nuclear program and its nuclear (O) ‘‘Peaceful purposes’’ include the use of nonproliferation policies and practices, Republic of Vietnam to rely on existing international markets for nuclear fuel serv- information, material, equipment and com- including its nuclear export policies ices, rather than acquiring sensitive nuclear ponents in such fields as research, power and practices, is provided in the NPAS technologies, as a solution for peaceful, safe, generation, medicine, agriculture and indus- and in a classified annex to the NPAS and secure uses of civilian nuclear energy, try but do not include use in, research on, or submitted to you separately. As noted and the intent of the United States to sup- development of any nuclear explosive device, above, the Director of National Intel- port these international markets in order to or any military purpose; ensure reliable nuclear fuel supply for Viet- (P) ‘‘Person’’ means any individual or any ligence will provide an addendum to entity subject to the jurisdiction of either the NPAS containing a comprehensive nam; HAVE AGREED AS FOLLOWS: Party but does not include the Parties to analysis of Vietnam’s export control this Agreement; system with respect to nuclear-related ARTICLE 1—DEFINITIONS (Q) ‘‘Reactor’’ means any apparatus, other matters. For the purposes of this Agreement, in- than a nuclear weapon or other nuclear ex- I have considered the views and rec- cluding the Agreed Minute: plosive device, in which a self-sustaining fis- ommendations of the interested depart- (A) ‘‘Agreed Minute’’ means the minute an- sion chain reaction is maintained by uti- ments and agencies in reviewing the nexed to this Agreement, which is an inte- lizing uranium, plutonium or thorium or any gral part of this Agreement; combination thereof; proposed Agreement and have deter- (B) ‘‘Byproduct material’’ means any ra- (R) ‘‘Restricted Data’’ means all data con- mined that its performance will pro- dioactive material (except special fissionable cerning (1) design, manufacture or utiliza- mote, and will not constitute an unrea- material) yielded in or made radioactive by tion of nuclear weapons, (2) the production of sonable risk to, the common defense exposure to the radiation incident to the special fissionable material, or (3) the use of

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special fissionable material in the produc- ARTICLE 3—TRANSFER OF INFORMATION and secure management, storage, transport, tion of energy, but shall not include data of 1. Information concerning the use of nu- and disposition of irradiated special fission- a Party that it has declassified or removed clear energy for peaceful purposes may be able material produced through the use of from the category of Restricted Data; transferred under this Agreement. Transfers material or equipment transferred pursuant (S) ‘‘Sensitive nuclear facility’’ means any of information may be accomplished through to this Agreement. facility designed or used primarily for ura- various means, including reports, data ARTICLE 5—STORAGE AND RETRANSFERS nium enrichment, reprocessing of nuclear banks, computer programs, conferences, vis- 1. Plutonium and uranium 233 (except as fuel, heavy water production, or fabrication its, and assignments of staff to facilities. contained in irradiated fuel elements), and of nuclear fuel containing plutonium; Fields that may be covered may include, but (T) ‘‘Sensitive nuclear technology’’ means high enriched uranium, transferred pursuant shall not be limited to, the following: to this Agreement or used in or produced any information (including information in- (A) Research, development, design, con- corporated in equipment or an important through the use of material or equipment so struction, operation, maintenance and use of transferred shall only be stored in a facility component) that is not in the public domain reactors, reactor experiments, and decom- and that is important to the design, con- to which the Parties agree. missioning; 2. Material, equipment and components struction, fabrication, operation or mainte- (B) The use of material in physical and bio- transferred pursuant to this Agreement and nance of any sensitive nuclear facility, or logical research, medicine, agriculture and any special fissionable material, other trans- any other such information that may be so industry; uranic elements and tritium produced designated by agreement of the Parties; (C) Fuel cycle studies of ways to meet fu- through the use of any such material or (U) ‘‘Source material’’ means (1) uranium, ture world-wide civil nuclear needs, includ- thorium, or any other material so designated equipment shall not be transferred to unau- ing multilateral approaches to guaranteeing thorized Persons or, unless the Parties agree, by agreement of the Parties, or (2) ores con- nuclear fuel supply and appropriate tech- taining one or more of the foregoing mate- beyond the recipient Party’s territorial ju- niques for management of nuclear wastes; risdiction. rials in such concentration as the Parties (D) Safeguards and physical protection of may agree from time to time; 3. In order to facilitate management of material, equipment and components; spent fuel, irradiated nuclear materials, or (V) ‘‘Special fissionable material’’ means (E) Health, safety and environmental con- (1) plutonium, uranium 233, or uranium en- nuclear-related waste, material transferred siderations related to the foregoing; and or produced through the use of material, riched in the isotope 235, or (2) any other ma- (F) Assessing the role nuclear power may terial so designated by agreement of the Par- equipment and components transferred pur- play in national energy plans. suant to this Agreement may be transferred ties. 2. This Agreement does not require the to the United States of America if the Gov- ARTICLE 2—SCOPE OF COOPERATION transfer of any information that the Parties ernment of the United States of America are not permitted under their respective 1. The Parties shall cooperate in the use of designates a storage or disposition option. In treaties, national laws and regulations to nuclear energy for peaceful purposes in ac- this event, the Parties shall make appro- transfer. cordance with the provisions of this Agree- priate implementing arrangements. ment and their applicable treaties, national 3. Restricted Data and Sensitive Nuclear ARTICLE 6—REPROCESSING, OTHER ALTERATION laws, regulations and license requirements. Technology shall not be transferred under IN FORM OR CONTENT, AND ENRICHMENT 2. The Parties intend to cooperate in the this Agreement. following areas: ARTICLE 4—TRANSFER OF MATERIAL, 1. Material transferred pursuant to this (A) Development of requirements for power EQUIPMENT AND COMPONENTS Agreement and material used in or produced through the use of material or equipment so reactors and fuel service arrangements for 1. Material, equipment and components transferred shall not be reprocessed unless the Socialist Republic of Vietnam; may be transferred for applications con- the Parties agree. (B) Development of the Socialist Republic sistent with this Agreement. Any special fis- 2. Plutonium, uranium 233, high enriched of Vietnam’s civilian nuclear energy use in a sionable material transferred to the Social- uranium and irradiated source or special fis- manner that contributes to global efforts to ist Republic of Vietnam under this Agree- sionable material transferred pursuant to prevent nuclear proliferation; ment shall be low enriched uranium except this Agreement or used in or produced (C) Research, development and application as provided in paragraph 4. Sensitive nuclear through the use of material or equipment so of civilian nuclear power reactor tech- facilities and major critical components transferred shall not be otherwise altered in nologies and spent fuel management tech- thereof shall not be transferred under this form or content, except by irradiation or fur- nologies; Agreement. ther irradiation, unless the Parties agree. (D) Promotion of the establishment of a re- 2. Low enriched uranium may be trans- 3. Uranium transferred pursuant to this liable source of nuclear fuel for future civil- ferred, including inter alia by sale or lease, Agreement or used in or produced through ian light water nuclear reactors deployed in for use as fuel in reactors and reactor experi- the use of any material or equipment so the Socialist Republic of Vietnam; ments, for conversion or fabrication, or for (E) Civilian nuclear energy training, transferred shall not be enriched after trans- such other purposes as may be agreed by the human resource and infrastructure develop- fer unless the Parties agree. Parties. ment, and appropriate application of civilian 3. The quantity of special fissionable mate- ARTICLE 7—PHYSICAL PROTECTION nuclear energy and related energy tech- rial transferred under this Agreement shall 1. Adequate physical protection shall be nology, in accordance with evolving IAEA not at any time be in excess of that quantity maintained with respect to any material and guidance and standards on milestones for in- the Parties agree is necessary for any of the equipment transferred pursuant to this frastructure development; following purposes: use in the loading of re- Agreement and any special fissionable mate- (F) Research and application of actors or in reactor experiments; the reli- rial used in or produced through the use of radioisotopes and radiation in industry, agri- able, efficient and continuous operation of material or equipment so transferred. culture, medicine and the environment; reactors or conduct of reactor experiments; 2. To comply with the requirement in para- (G) Radiation protection and management the storage of special fissionable material graph 1, each Party shall apply at a min- of radioactive waste and spent fuel; (H) Nuclear safety, security, safeguards necessary for the efficient and continuous imum measures in accordance with (i) levels and nonproliferation, including physical pro- operation of reactors or conduct of reactor of physical protection at least equivalent to tection, export control and border security; experiments; the transfer of irradiated nu- the recommendations published in IAEA doc- and clear material for storage or disposition; and ument INFCIRC/225/Rev.5 entitled ‘‘The (I) Other areas of cooperation as may be the accomplishment of such other purposes Physical Protection of Nuclear Material and mutually determined by the Parties. as may be agreed by the Parties. Nuclear Facilities’’ and in any subsequent 3. Cooperation under paragraph 2 may be 4. Small quantities of special fissionable revisions of that document accepted by the undertaken in the following forms: material may be transferred for use as sam- Parties, and (ii) the provisions of the 1980 (A) Exchange of scientific and technical in- ples, standards, detectors, targets or for such Convention on the Physical Protection of formation and documentation; other purposes as the Parties may agree. Nuclear Material, as well as any amend- (B) Exchange of training and personnel; Transfers pursuant to this paragraph shall ments to the Convention that enter into (C) Organization of symposia and seminars; not be subject to the quantity limitations in force for both Parties. (D) Provision of relevant technical assist- paragraph 3. 3. The adequacy of physical protection ance and services; 5. The Government of the United States of measures maintained pursuant to this Arti- (E) Joint research; and America shall endeavor to take such actions cle shall be subject to review and consulta- (F) Other forms of cooperation as may be as are necessary and feasible to ensure a reli- tions by the Parties from time to time and mutually determined by the Parties. able supply of nuclear fuel to the Socialist whenever either Party is of the view that re- 4. Transfer of information, material, equip- Republic of Vietnam, including the export of vised measures may be required to maintain ment and components under this Agreement nuclear fuel on a timely basis during the pe- adequate physical protection. may be undertaken directly between the riod of this Agreement. The Government of 4. The Parties shall keep each other in- Parties or through authorized Persons. Such the United States of America shall also give formed through diplomatic channels of those transfers shall be subject to this Agreement serious consideration to taking such actions agencies or authorities having responsibility and to such additional terms and conditions as are feasible to assist the Government of for ensuring that levels of physical protec- as may be agreed by the Parties. the Socialist Republic of Vietnam in safe tion for nuclear material in their territory

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The terms of this Agreement shall be im- diplomatic channels, as well, of the des- other Party shall report or permit the IAEA plemented in good faith and with due regard ignated points of contact within their na- to report to the requesting Party on the sta- to the legitimate commercial interests, tional authorities to cooperate on matters of tus of all inventories of material subject to whether international or domestic, of either out-of-country transportation and other this Agreement. Party. This Agreement shall be implemented matters of mutual concern. ARTICLE 10—MULTIPLE SUPPLIER CONTROLS in a manner designed: ARTICLE 8—NO EXPLOSIVE OR MILITARY If any agreement between either Party and (A) to avoid hampering or delaying the nu- APPLICATION another nation or group of nations provides clear activities in the territory of either Material, equipment and components such other nation or group of nations rights Party; transferred pursuant to this Agreement and equivalent to any or all of those set forth (B) to avoid interference in such activities; material used in or produced through the use under Article 5 or Article 6 with respect to (C) to be consistent with prudent manage- of any material, equipment or components so material, equipment or components subject ment practices required for the economic transferred shall not be used for any nuclear to this Agreement, the Parties may, upon re- and safe conduct of such activities; and explosive device, for research on or develop- quest of either of them, agree that the imple- (D) to take full account of the long-term ment of any nuclear explosive device, or for mentation of any such rights will be accom- requirements of the Parties’ nuclear energy any military purpose. plished by such other nation or group of na- programs. ARTICLE 9—SAFEGUARDS tions. 2. The provisions of this Agreement shall 1. Cooperation under this Agreement shall ARTICLE 11—CESSATION OF COOPERATION AND not be used for the purpose of securing unfair require the application of IAEA safeguards RIGHT OF RETURN commercial or industrial advantages, or of with respect to all nuclear material in all 1. If either Party at any time following restricting trade to the disadvantage of per- nuclear activities within the territory of the entry into force of this Agreement: sons and undertakings of either Party or Socialist Republic of Vietnam, under its ju- (A) does not comply with the provisions of hampering their commercial or industrial in- risdiction or carried out under its control Article 5, 6, 7, 8, or 9; or terests, whether international or domestic. anywhere. Implementation of a Safeguards (B) terminates, abrogates or materially ARTICLE 14—SETTLEMENT OF DISPUTES Agreement concluded pursuant to Article III violates a safeguards agreement with the (4) of the NPT shall be considered to fulfill IAEA; The Parties shall address any dispute con- this requirement. the other Party shall have the rights to cerning the interpretation or application of 2. Source material or special fissionable cease further cooperation under this Agree- this Agreement through negotiation or any material transferred to the Socialist Repub- ment and to require the return of any mate- other mutually agreed upon peaceful means lic of Vietnam pursuant to this Agreement rial, equipment and components transferred of dispute settlement. and any source material or special fission- under this Agreement and any special fis- ARTICLE 15—ADMINISTRATIVE ARRANGEMENT able material used in or produced through sionable material produced through their the use of material, equipment or compo- use. 1. Upon request by either Party, the appro- nents so transferred shall be subject to safe- 2. If the Socialist Republic of Vietnam fol- priate authorities of the Parties shall, by guards in accordance with the agreement be- lowing entry into force of this Agreement mutual consent, establish an Administrative tween the Socialist Republic of Vietnam and detonates a nuclear explosive device, the Arrangement in order to provide for the ef- the IAEA for the application of safeguards in United States of America shall have the fective implementation of the provisions of connection with the NPT, signed on October same rights as specified in paragraph 1. this Agreement. 2, 1989, which entered into force on February 3. If the United States of America deto- 2. The principles of fungibility and equiva- 23, 1990, and the Additional Protocol thereto nates a nuclear explosive device using mate- lence shall apply to nuclear material and signed on August 10, 2007, which entered into rial, equipment or components transferred moderator material subject to this Agree- force on September 17, 2012. pursuant to this Agreement or nuclear mate- ment. Detailed provisions for applying these 3. Source material or special fissionable rial used in or produced through the use of principles shall be set forth in such an Ad- material transferred to the United States of such items, the Government of the Socialist ministrative Arrangement. America pursuant to this Agreement and Republic of Vietnam shall have the same 3. The Administrative Arrangement estab- any source or special fissionable material rights as specified in paragraph 1. lished pursuant to this Article may be modi- used in or produced through the use of any 4. In determining whether to exercise its fied by mutual consent of the appropriate material, equipment or components so trans- rights under paragraph I of this Article authorities of the Parties. ferred shall be subject to the agreement be- based on a ‘‘material violation,’’ a Party ARTICLE 16—ENTRY INTO FORCE, AMENDMENT, tween the United States of America and the shall consider whether the facts giving rise AND DURATION IAEA for the application of safeguards in the to the right to take such action in accord- United States of America, signed on Novem- ance with paragraph 1 were caused delib- 1. This Agreement shall enter into force on ber 18, 1977, which entered into force on De- erately. In the event that it finds such mate- the date of the later note of an exchange of cember 9, 1980, and the Additional Protocol rial violation not to be deliberate, and to the diplomatic notes between the Parties in- thereto, which entered into force on January extent which it judges that such material forming each other that they have completed 6, 2009. violation can be rectified, the non-breaching all applicable requirements for entry into 4. If either Party becomes aware of cir- Party shall endeavor, subject to its national force. cumstances that demonstrate that the IAEA legislation and regulations, to afford the 2. This Agreement may be amended by for any reason is not or will not be applying breaching Party an opportunity to cure the written agreement of the Parties. Amend- safeguards in accordance with the agree- material violation within a reasonable pe- ments to this Agreement shall enter into ments with the IAEA referred to in para- riod. force on the date of the later note of an ex- graph 2 or paragraph 3, to ensure effective 5. If either Party exercises its rights under change of diplomatic notes between the Par- continuity of safeguards the Parties shall this Article to require the return of any ma- ties informing each other that they have consult and immediately enter into arrange- terial, equipment or components, it shall completed all applicable requirements for ments with the IAEA or between themselves promptly, after removal from the territory entry into force. that conform with IAEA safeguards prin- of the other Party, reimburse the other ciples and procedures, that provide assurance 3. This Agreement shall remain in force for Party for the fair market value of such ma- a period of 30 years and shall continue in equivalent to that intended to be secured by terial, equipment or components. the system they replace, and that conform force thereafter for additional periods of five with the coverage required by paragraph 2 or ARTICLE 12—CONSULTATIONS, REVIEW AND years each. Either Party may, by giving six paragraph 3. ENVIRONMENTAL PROTECTION months written notice to the other Party, 5. Each Party shall take such measures as 1. The Parties undertake to consult at the terminate this Agreement at the end of the are necessary to maintain and facilitate the request of either Party regarding the imple- initial 30-year period or at the end of any application of safeguards applicable to it mentation of this Agreement and the devel- subsequent five-year period. Additionally, provided for under this Article. opment of further cooperation in the field of this Agreement may be terminated at any 6. Each Party shall establish and maintain peaceful uses of nuclear energy. time by either Party on one year’s written a system of accounting for and control of 2. The Parties shall consult, with regard to notice to the other Party. source material and special fissionable mate- activities under this Agreement, to identify 4. Notwithstanding the termination or ex- rial transferred pursuant to this Agreement the international environmental implica- piration of this Agreement or any cessation and source material and special fissionable tions arising from such activities and shall of cooperation hereunder for any reason, Ar- material used in or produced through the use cooperate in protecting the international en- ticles 5, 6, 7, 8, 9, and 11 and the Agreed of any material, equipment or components so vironment from radioactive, chemical or Minute shall continue in effect so long as

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If either Party becomes aware of cir- cumstances referred to in paragraph 4 of Ar- tion Between the Government of the the point of view of safeguards. United States of America and the Gov- IN WITNESS WHEREOF the undersigned, ticle 9 of the Agreement, either Party (here- ernment of the Socialist Republic of being duly authorized, have signed this inafter ‘‘the safeguarding Party’’) shall have Vietnam Concerning Peaceful Uses of Agreement. the rights listed below, which rights shall be Nuclear Energy. DONE at Hanoi, this 6th day of May 2014, suspended if both Parties agree that the need I have considered the proposed Agreement in duplicate, in the English and Vietnamese to exercise such rights is being satisfied by languages, both texts being equally authen- for Cooperation Between the Government of the application of IAEA safeguards under ar- tic. the United States of America and the Gov- FOR THE GOVERNMENT rangements pursuant to paragraph 4 of Arti- ernment of the Socialist Republic of Viet- OF THE UNITED cle 9 of the Agreement: nam Concerning Peaceful Uses of Nuclear STATES OF AMERICA: (1) To review in a timely fashion the design Energy, along with the views, recommenda- of any equipment transferred pursuant to tions, and statements of the interested agen- cies. FOR THE GOVERNMENT the Agreement, or of any facility that is to OF THE SOCIALIST I have determined that the performance of use, fabricate, process, or store any material REPUBLIC OF the Agreement will promote, and will not VIETNAM: so transferred or any special fissionable ma- constitute an unreasonable risk to, the com- terial used in or produced through the use of mon defense and security. Pursuant to sec- AGREED MINUTE such material or equipment; tion 123 b. of the Atomic Energy Act of 1954, During the negotiation of the Agreement (2) To require the maintenance and produc- as amended (42 U.S.C. 2153(b)), I hereby ap- prove the proposed Agreement and authorize for Cooperation between the Government of tion of records and of relevant reports for the Secretary of State to arrange for its exe- the United States of America and the Gov- the purpose of assisting in ensuring account- ernment of the Socialist Republic of Viet- cution. ability for material transferred pursuant to nam Concerning Peaceful Uses of Nuclear The Secretary of State is authorized to Energy (‘‘the Agreement’’) signed today, the the Agreement and any source material or publish this determination in the Federal following understandings, which shall be an special fissionable material used in or pro- Register. integral part of the Agreement, were duced through the use of any material, BARACK OBAMA. reached. equipment or components so transferred; and 1. COVERAGE OF AGREEMENT (3) To designate personnel acceptable to NUCLEAR PROLIFERATION ASSESSMENT a. Material, equipment and components the other Party (hereinafter ‘‘the safe- STATEMENT transferred from the territory of one Party guarded Party’’), who shall have access to all Pursuant to Section 123a. of the Atomic En- to the territory of the other Party, whether places and data necessary to account for the ergy Act of 1954, as Amended, with Respect directly or through a third country, shall be to the Proposed Agreement for Coopera- material referred to in paragraph 2, to in- regarded as having been transferred pursuant tion Between the Government of the spect any equipment or facility referred to to the Agreement only upon confirmation, United States of America and the Govern- by the appropriate government authority of in paragraph 1, and to install any devices ment of the Socialist Republic of Vietnam the recipient Party to the appropriate gov- and make such independent measurements Concerning Peaceful Uses of Nuclear En- ernment authority of the supplier Party, as may be deemed necessary to account for ergy that such material, equipment or compo- such material. The safeguarded Party shall INTRODUCTION nents shall be subject to the Agreement. not unreasonably withhold its acceptance of This Nuclear Proliferation Assessment b. With respect to the definition of ‘‘Re- personnel designated by the safeguarding stricted Data’’ in subparagraph (R) of Article Statement (‘‘NPAS’’) relates to the proposed Party under this paragraph. Such personnel 1 of the Agreement, it is the understanding Agreement for Cooperation Between the shall, if either Party so requests, be accom- of the Parties that all information on the Government of the United States of America use of special fissionable material in the pro- panied by personnel designated by the safe- and the Government of the Socialist Repub- duction of energy from standard civilian re- guarded Party. lic of Vietnam Concerning Peaceful Uses of Nuclear Energy (the ‘‘Agreement’’). The actors has been declassified or removed from b. The simultaneous application of safe- Agreement is being submitted to the Presi- the category of ‘‘Restricted Data.’’ guards with respect to one Party by the c. For the purposes of implementing the dent jointly by the Secretary of State and IAEA and by the other Party is not intended. rights specified in Article 5 and Article 6 of Secretary of Energy for his approval and au- the Agreement with respect to special fis- c. Upon the request of either Party, the thorization for signature. sionable material produced through the use other Party will authorize the IAEA to make Section 123a. of the Atomic Energy Act, as of nuclear material transferred pursuant to available to the Government of the request- amended (the ‘‘Atomic Energy Act’’ or the Agreement and not used in or produced ing Party information on the implementa- ‘‘Act’’), provides that an NPAS be submitted by the Secretary of State to the President on through the use of equipment transferred tion of the applicable safeguards agreement each new or amended agreement for coopera- pursuant to the Agreement, such rights shall with the IAEA within the scope of coopera- in practice be applied to that proportion of tion concluded pursuant to that section. tion under this Agreement. special fissionable material produced that Pursuant to Section 123a., the NPAS must represents the ratio of transferred material d. To the extent consistent with its appli- analyze the consistency of the text of the used in the production of the special fission- cable national legislation and regulations, proposed agreement with all the require- able material to the total amount of mate- each Party shall ensure that all information ments of the Act, with specific attention to rial so used, and similarly for subsequent provided under this Section 2 of the Agreed whether the proposed agreement is con- sistent with each of the criteria set forth in generations. Minute by the other Party or the IAEA will d. Material, nuclear material, equipment Section 123.a. The NPAS must also address not be publicly disclosed, and will be ac- and components subject to this Agreement the adequacy of the safeguards and other corded appropriate protections with a view shall no longer be subject to this Agreement control mechanisms and the peaceful use as- if: to providing the same level of protection ac- surances contained in the agreement for co- (1) Such items have been transferred be- corded to such information by the other operation to ensure that any assistance fur- yond the territory of the receiving Party in Party or the IAEA. The Parties shall consult nished thereunder will not be used to further accordance with the relevant provisions of regarding the appropriate protections for any military or nuclear explosive purpose. this Agreement and are no longer under its such information. With this statutory mandate in mind, this jurisdiction or control anywhere; FOR THE GOVERNMENT NPAS: (a) provides background information (2) In the case of nuclear material, if the OF THE UNITED on Vietnam’s nonproliferation policies and Parties agree, taking into account among STATES OF AMERICA: its civil nuclear program and aspirations other factors an IAEA determination, if any, (Part I); (b) describes the nature and scope of in accordance with the provisions for the ter- the cooperation contemplated in the pro- mination of safeguards in the relevant agree- FOR THE GOVERNMENT posed Agreement (Part II); (c) reviews the ment referred to in paragraphs 2 or 3 of Arti- OF THE SOCIALIST applicable substantive requirements of the cle 9, whichever is applicable, that the nu- REPUBLIC OF Act and the Nuclear Non-Proliferation Act of clear material is no longer usable for any nu- VIETNAM: 1978 (NNPA) and details how they are met by clear activity relevant from the point of the proposed Agreement (Part III); and (d) view of safeguards; or sets forth the net assessment, conclusions,

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — SENATE S2871 views, and recommendations of the Depart- The Additional Protocol to its Safeguards sanctions on Iran (UNSCR 1803) and North ment of State as contemplated by section Agreement (published as INFCIRC/376 Add.1, Korea (UNSCR 1874), extend the mandate of 123a. of the Act (Part IV). September 26, 2012: Signed August 10, 2007; in the UNSCR 1540 Committee (UNSCR 1810), I. NUCLEAR PROGRAM AND NONPROLIFERATION force September 17, 2012 and support nuclear nonproliferation and POLICIES OF THE SOCIALIST REPUBLIC OF Convention on the Physical Protection of disarmament (UNSCR 1887). In September VIETNAM Nuclear Material: instrument of accession 2010, Vietnam, in partnership with the deposited October 4, 2012; in force November OVERVIEW United Nations Office for Disarmament Af- 3, 2012 fairs, hosted a workshop on implementing Vietnam has been carefully building the Amendment to the Convention on the UNSCR 1540 for countries in Southeast Asia. infrastructure necessary to operate a safe Physical Protection of Nuclear Material: in- Vietnam has established under its Atomic and secure civil nuclear power program. In strument of ratification deposited November Energy Law a legal regime for radioactive January 2006, the Vietnamese government 3, 2012 materials and nuclear equipment that are approved the Strategy for Peaceful Utiliza- Comprehensive Nuclear Test Ban Treaty: subject to import and export control proce- tion of Atomic Energy up to the year 2020. Signed September 24, 1996; ratified March 10, dures. This strategy included three main objec- 2006 Vietnam has been working with the U.S. tives: Treaty of Bangkok (Southeast Asian Nu- Export Control and Related Border Security To enhance applications of radiation and clear-Weapon-Free Zone Treaty): Signed De- Program (EXBS) since 2003. The bulk of radioisotopes in industry, agriculture, health cember 15, 1995; ratified November 26, 1996 EXBS assistance to Vietnam to date has fo- care, environmental protection, etc. In addition, Vietnam has committed itself cused on Commodity Identification Training, To construct and put the first nuclear to conclude the International Convention for industry/enterprise outreach, and maritime power plant into safe operation in 2020. the Suppression of Acts of Nuclear Ter- security activities. As Vietnam currently To build up national infrastructure for safe rorism. lacks a comprehensive strategic trade man- management of radioactive materials and Vietnam additionally has demonstrated its agement law, the primary focus of near-term nuclear power plants. commitment to prevent nuclear terrorism by EXBS work will be assisting Vietnam in de- This was followed by approval of a master its participation in the Global Initiative to veloping the legal and regulatory framework plan for implementation of the strategy in Combat Nuclear Terrorism (GICNT) and in for managing strategic trade, including July 2007, completion of the pre-feasibility the Nuclear Security Summit (NSS) process. drafting a strategic trade law, while con- study for the first nuclear power plant, and Prime Minister Nguyen Tan Dung partici- tinuing to develop capacity for enforcement approval of the first nuclear power plant pated in the first NSS in Washington, DC, in at seaports and borders. project plan by the National Assembly in 2010, and the second NSS in Seoul, South The National Nuclear Security Adminis- 2009. An updated Master Plan for Peaceful Korea, in 2012. As pledged at the April 2010 tration (NNSA) conducted an International Utilization of Atomic Energy up to 2020 was Nuclear Security Summit, Vietnam com- Consequence Management training course in approved June 2010; the Direction for Nu- pleted conversion of the Dalat research reac- Hanoi November 2013 as part of Vietnam’s clear Power Plant (NPP) Development Plan tor from utilizing highly-enriched uranium preparation for building a nuclear power up to 2030 was approved June 2010; and the (HEU) as fuel to utilizing low-enriched ura- plant. In addition, NNSA is assisting Viet- National Master Plan for Power Develop- nium (LEU) in 2011. Its remaining HEU fresh nam to set up an emergency operations cen- ment for 2011–2020 with the Vision to 2030 was fuel (4.3 kg) was returned to Russia in 2007 ter and graphic information system to assist approved July 2011. and all the HEU spent fuel (11 kg) was re- with sharing information during an emer- In May 2013, Prime Minister Nguyen Tan turned to Russia in 2013, rendering Vietnam gency. Dung announced that the government would essentially free of any weapon-usable nu- NUCLEAR SCIENCE AND TECHNOLOGY BASE set up a National Council for Atomic Energy clear materials. Vietnam has been working closely with the Development, tasked with identifying strate- In addition to the Dalat commitment, IAEA and international partners to develop gies and priorities for the development of nu- Vietnam fulfilled its 2010 NSS commitments the technical expertise needed to operate a clear energy in the country. to endorse the GICNT and to ratify the Con- safe and secure nuclear power program. Rec- Vietnam has plans to have six reactors vention on the Physical Protection of Nu- ognizing the need for a technically trained (6,000 MW) in operation by 2025 and to de- clear Material and its 2005 Amendment. Viet- domestic workforce, Vietnam in 2010 ap- velop a total of ten reactors (10,700 MW) by nam has not yet ratified the International proved the Master Plan on Training and De- 2030. Vietnam has entered into agreements Convention for the Suppression of Acts of veloping of Human Resources in the Field of for cooperation on peaceful uses of nuclear Nuclear Terrorism, but has informed the Atomic Energy up to 2020 (Prime Minister energy with Argentina, Canada, China, U.S. Embassy of its intention to do so at the Decision No. 1558/QD-TTg) (the ‘‘Plan’’). France, India, Japan, Russia, and South earliest opportunity. Vietnam and South Under the plan, Vietnam is upgrading nu- Korea. Vietnam’s Ministry of Industry and Korea announced at the 2012 NSS that the clear programs at six universities and devel- Trade (MOIT) signed an agreement October two countries are working on a pilot project oping a Nuclear Science and Technology 2010 with the Russian State Atomic Energy to establish within Vietnam a system to Center. The government is also providing Corporation ‘‘Rosatom’’ for the provision of track radiological materials using GPS tech- funds to send Vietnamese students, research- two pressurized water reactors (total of 2,000 nology in cooperation with the IAEA. The ers, and managers abroad for training. The MW) at Phuoc Dinh in Ninh Thuan province. project will contribute to securing and pre- plan aims to produce a total of 2,400 engi- Vietnam PM Nguyen Tan Dung and Japanese venting the theft of radiological materials. neers and 350 MA and PhD specialists in nu- PM Naoto Kan released a Joint Statement Following signature of a Memorandum of clear power by 2020. In 2011, Vietnam set up October 2010, announcing that Vietnam had Understanding between the Department of a State Steering Committee to direct the chosen Japan to supply two additional reac- Energy of the United States of America and implementation of the plan. Vietnamese uni- tors (total 2,000 MW) at Vinh Hai in Ninh the Ministry of Finance of the Socialist Re- versity graduates are currently training in Thuan province. Feasibility studies are cur- public of Vietnam Concerning the Coopera- Russia and Japan to become nuclear techni- rently being undertaken for both contracts tion to Prevent the Illicit Trafficking in Nu- cians. in advance of selecting specific reactor de- clear and Other Radioactive Material on In 2008, the Vietnam Agency for Radiation signs for these first four power reactors. (The July 2, 2010, Vietnam and the United States and Nuclear Safety (VARANS) signed a co- planned construction start date for the Rus- have begun cooperative projects under the operation agreement with the U.S. Nuclear sian reactors has been pushed back three Department of Energy’s Second Line of De- Regulatory Commission to share technical years to 2017.) In 2012, Vietnam also signed fense program to deter, detect, and interdict information on nuclear energy as well as ex- an agreement with the Republic of South illicit smuggling of nuclear and other radio- change information on regulations, environ- Korea to initiate a joint preliminary feasi- active material. mental impacts, and safety of nuclear sites. bility study, which commenced in June 2013. The Department of Energy’s International This agreement was extended for another NONPROLIFERATION CREDENTIALS Nuclear Safeguards and Engagement Pro- five years in May 2013. Over the past ten Under the Atomic Energy Law (No. 18/2008/ gram has partnered with Vietnam since 2004. years, VARANS has rapidly expanded its QH12) (‘‘Atomic Energy Law’’), Vietnam has Vietnam is an active partner on nuclear in- staff to over ninety people, including sci- prohibited researching, developing, manufac- frastructure development collaboration, in- entists and technical specialists. turing, trading in, transporting, transfer- cluding activities such as radiation protec- Vietnam operates one research reactor (500 ring, storing, using, or threatening to use tion and health physics, research reactor op- kW; VVR–M, IVV–9) at the Institute of Nu- nuclear or radiological weapons. erations, environmental radiological surveil- clear Research in Dalat. The original reac- Vietnam has signed and ratified or acceded lance, radioactive waste management, imple- tor, a TRIGA Mark II design (250 kW) pro- to and/or brought into force the following mentation of the Additional Protocol, and vided by General Atomics, became oper- key nonproliferation treaties and instru- development of State Systems of Accounting ational in 1963. From 1968 to 1975, the reactor ments: for and Control (SSAC) of nuclear material. was in extended shutdown. In 1974–1975, the Treaty on the Non-Proliferation of Nuclear Vietnam has been a strong advocate for U.S.-origin HEU nuclear fuel (approximately Weapons: Acceded June 14, 1982 nonproliferation through the United Na- 13 kg) was removed and returned to the IAEA Safeguards Agreement (published as tions. During Vietnam’s tenure on the United States and the reactor was decom- INFCIRC/376, March 1990): Signed October 2, United Nations Security Council in 2008–2009, missioned. Vietnam reconstructed the reac- 1989; in force February 23, 1990 Vietnam supported measures to increase tor in the 1980s with the assistance of the

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2872 CONGRESSIONAL RECORD — SENATE May 8, 2014 Union of Soviet Socialist Republics (USSR) manner that contributes to global efforts to as any material, equipment, or components and the reactor became operational in 1983. prevent nuclear proliferation. subject to the Agreement remains in the ter- According to the Vietnam Atomic Energy Research, development, and application of ritory of the Party concerned or under its ju- Commission, the reactor has been operating civilian nuclear power reactor technologies risdiction or control anywhere, or until such for the purposes of radioisotope production, and spent fuel management technologies. time as the Parties agree that such material, neutron activation analysis, fundamental Promotion of the establishment of a reli- equipment, or components are no longer usa- and applied research, and manpower train- able source of nuclear fuel for future civilian ble for any nuclear activity relevant from ing. light water nuclear reactors deployed in the the point of view of safeguards (Article 16.4). Vietnam is negotiating a contract with Socialist Republic of Vietnam. III. SUBSTANTIVE CONDITIONS Russian Atomstroyexport for the provision Civilian nuclear energy training, human The proposed Agreement meets the appli- of an additional research reactor for the Vi- resource and infrastructure development, cable requirements of the Atomic Energy etnamese Nuclear Science and Technology and appropriate application of civilian nu- Act and the NNPA. Section 123 of the Act, as Center. (No final decision has been made for clear energy and related energy technology, amended by the NNPA, sets forth certain the location of this center.) in accordance with evolving IAEA guidance substantive requirements that must be met and standards on milestones for infrastruc- NUCLEAR FUEL CYCLE in agreements for cooperation. Sections 402 ture development. Vietnam has affirmed that it does not in- Research and application of radioisotopes and 407 of the NNPA set forth supplementary tend to seek to acquire sensitive fuel cycle and radiation in industry, agriculture, medi- requirements. The provisions contained in capabilities but instead will rely upon the cine, and the environment. the proposed Agreement satisfy these legal international market. This political commit- Radiation protection and management of requirements as follows: ment not to pursue enrichment and reproc- radioactive waste and spent fuel. (1) Application of Safeguards: Section essing was first included in the Memorandum Nuclear safety, security, safeguards, and 123(a)(1) of the Act requires a guaranty from of Understanding between the Socialist Re- nonproliferation, including physical protec- the cooperating party that safeguards in per- public of Vietnam and the United States of tion, export control, and border security. petuity will be maintained with respect to America Concerning Cooperation in the Nu- Other areas of cooperation as may be mu- all nuclear materials and equipment trans- clear Energy Field, signed in Hanoi on March tually determined by the Parties. ferred pursuant to an agreement for coopera- 30, 2010 (the ‘‘MOU’’). In the MOU, Vietnam Article 3.1 of the proposed Agreement fur- tion and with respect to all special nuclear affirmed its intent ‘‘to rely on existing inter- ther specifies the types of information con- material used in or produced through the use national markets for nuclear fuel services, cerning the peaceful uses of nuclear energy of such transferred nuclear materials and rather than acquiring sensitive nuclear tech- that may be transferred. Fields that may be equipment, so long as the material or equip- nologies, as a solution for peaceful, safe and covered include the following: ment remains under the jurisdiction or con- secure uses of civilian nuclear energy. . . .’’ Research, development, design, construc- trol of the cooperating party, irrespective of This commitment has been reaffirmed in the tion, operation, maintenance, and use of re- the duration of the other provisions of the preamble of the proposed Agreement. actors, reactor experiments, and decommis- agreement or whether the agreement is ter- NUCLEAR REGULATIONS AND STATUTES sioning. minated or suspended for any reason. Vietnam passed an Atomic Energy Law in The use of material in physical and bio- This requirement is satisfied by Articles 9 June 2008, which took effect January 1, 2009. logical research, medicine, agriculture, and and 16 of the proposed Agreement. Article 9.2 Key provisions address: industry. stipulates that source or special nuclear ma- Establishment of the national nuclear reg- Fuel cycle studies of ways to meet future terial (referred to in this Agreement as ‘‘spe- ulatory authority world-wide civil nuclear needs, including cial fissionable material’’) transferred to Licensing and permitting regime multilateral approaches to guaranteeing nu- Vietnam pursuant to this Agreement and Enforcement, assessment, and inspection clear fuel supply and appropriate techniques any other nuclear material used in or pro- Security and safeguards for management of nuclear wastes. duced through the use of any material Physical protection and safety Safeguards and physical protection of ma- (which under the Agreement includes source Control over orphan sources terial, equipment, and components. material, special nuclear material, byprod- Emergency preparedness and response Health, safety, and environmental consid- uct material, radioisotopes other than by- Safe transport of radioactive material erations related to the foregoing. product material, moderator material, or Import and export controls Assessing the role nuclear power may play any other such substance so designated by Waste management and spent fuel manage- in national energy plans. agreement of the Parties), equipment, or ment The Agreement states that restricted data, components transferred shall be subject, to Decommissioning sensitive nuclear technology, sensitive nu- the extent applicable, to the Agreement be- Civil liability for nuclear damage clear facilities, or major critical components tween Vietnam and the IAEA for the applica- Criminal and civil offences and penalties of such facilities shall not be transferred tion of safeguards in connection with the Insurance under the Agreement (Articles 3.3 and 4.1). Treaty on the Non-Proliferation of Nuclear In June 2010, Prime Minister Nguyen Tan Transfers of special fissionable material to Weapons (‘‘NPT’’), signed on October 2, 1989, Dung signed Decision No. 45/2010/QD–TTg, Vietnam under the Agreement shall be low- which entered into force on February 23, which provides regulations on nuclear con- enriched uranium, except small quantities 1990, and an Additional Protocol thereto trol in support of the Atomic Energy Law. for use as samples, standards, detectors, tar- signed on August 10, 2007, which entered into Vietnam is in the process of further updating gets, or for other agreed purposes (Articles force on September 17, 2012. Article 9.4 pro- its Atomic Energy Law. 4.1 and 4.4). Any such transfers of low-en- vides for ‘‘back-up’’ safeguards in the event Vietnam acceded to both the Convention riched uranium may not be in excess of the the IAEA safeguards agreement with Viet- on Early Notification of a Nuclear Accident quantity that the Parties agree is necessary nam is not being implemented. Article 9 is and the Convention on Assistance in the for the activities envisaged (Article 4.3). one of the articles of the Agreement that, Case of a Nuclear Accident or Radiological The Agreed Minute, under ‘‘Coverage of pursuant to Article 16.4, continues in effect Emergency on October 30, 1987. Vietnam ac- Agreement,’’ provides that material, equip- so long as any material, equipment, or com- ceded to the Convention on Nuclear Safety ment, and components transferred from the ponents subject thereto remains in the terri- on July 15, 2010, and Vietnam deposited its territory of one Party to the territory of the tory of the United States of America or Viet- instrument of ratification for the Joint Con- other Party, either directly or through a nam or under the jurisdiction or control of vention on the Safety of Spent Fuel Manage- third country, shall be regarded as having either Party to the Agreement anywhere, ment and on the Safety of Radioactive Waste been transferred pursuant to the Agreement unless that item is no longer usable for any Management with the IAEA on October 9, only upon confirmation by the recipient nuclear activity relevant from the point of 2013. It came into force for Vietnam on Janu- Party that such items will be subject to the view of safeguards. ary 7, 2014. Agreement. (2) Full-Scope Safeguards: The require- Vietnam is currently considering whether The proposed Agreement will have a term ment for full-scope safeguards as a condition to accede to the Vienna Convention on Civil of 30 years from the date of its entry into of cooperation mandated by section 123 a.(2) Liability for Nuclear Damage and whether to force and shall continue thereafter for addi- is met by Article 9.1 of the proposed Agree- ratify the Convention on Supplementary tional periods of five years. Either Party ment. Compensation for Nuclear Damage. may, by giving six months written notice to (3) Peaceful Use: The requirement of sec- II. NATURE AND SCOPE OF THE COOPERATION the other Party, terminate this Agreement tion 123 a.(3) of the Act for a guaranty CONTEMPLATED BY THE PROPOSED AGREEMENT at the end of the initial 30 year period or at against explosive or military uses of nuclear Article 2.2 of the proposed Agreement de- the end of any subsequent five-year period. materials and equipment transferred and scribes in general terms the kinds of cooper- Additionally, the proposed Agreement may special nuclear material produced through ative activities envisaged. These include: be terminated at any time by either Party the use of such items is met by Article 8 of Development of requirements for power re- on one year’s written notice to the other the proposed Agreement. It is not necessary actors and fuel service arrangements for the Party (Article 16.3). In the event of termi- to include a peaceful uses guarantee with re- Socialist Republic of Vietnam. nation of the Agreement, key nonprolifera- spect to sensitive nuclear technology trans- Development of the Socialist Republic of tion conditions and controls provided for in ferred under the Agreement or special nu- Vietnam’s civilian nuclear energy use in a the Agreement will continue in effect as long clear materials (referred to in the proposed

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Agreements negotiated since shall not be transferred under the Agree- further irradiation, unless the Parties agree. the enactment of the NNPA in 1978 generally ment. Article 6.3 specifies that uranium transferred contain a similar proportionality provision. (4) Right of Return: The requirement in pursuant to the Agreement or used in or pro- In sum, the proposed Agreement satisfies section 123 a.(4) of the Act that, in the event duced through the use of any material or all the substantive requirements specified of a nuclear detonation by a non-nuclear equipment so transferred shall not be en- for agreements for cooperation by the Act weapon state cooperating party, the United riched after transfer unless the Parties and the NNPA. States has a right to the return of any nu- agree. IV. CONCLUSION clear materials and equipment transferred Article 6 also satisfies Section 402(a) of the pursuant to an agreement for cooperation NNPA, which states that, except as specifi- Entry into force of the proposed Agree- and any special nuclear material produced cally provided in any agreement for coopera- ment will put in place a framework for mu- through the use of such transferred items is tion, no source or special nuclear material tually beneficial civil nuclear cooperation met by Articles 11.1 and 11.2 of the proposed exported from the United States after the between the United States and Vietnam, and Agreement. This right would be triggered if date of the NNPA may be enriched after ex- provide a foundation for continued collabo- Vietnam should detonate a nuclear explosive port without the prior approval of the United ration on nuclear nonproliferation goals. On the basis of the analysis in this NPAS device, does not comply with the provisions States for such enrichment. of Articles 5, 6, 7, 8 or 9 of the Agreement, or (8) Storage Consent Right: The require- and all pertinent information of which it is terminates, abrogates, or materially violates ment of Section 123 a.(8) of the Act for a aware, the Department of State has arrived its IAEA safeguards agreement. guaranty of a right of prior U.S. approval at the following assessment, conclusions, Article 11.4 of the proposed Agreement re- over facilities for the storage of specified nu- views, and recommendations: quires that a Party, in determining whether clear materials is met by Article 5.1 of the 1. The safeguards and other control mecha- to exercise its rights under Article 11.1 based proposed Agreement. nisms and the peaceful use assurances in the on a ‘‘material violation,’’ shall consider (9) Sensitive Nuclear Technology: The re- proposed Agreement are adequate to ensure whether the facts giving rise to the right to quirement of section 123 a.(9) of the Act per- that any assistance furnished thereunder take such action in accordance with Article tains to situations that may result when sen- will not be used to further any military or 11.1 were caused deliberately. In the event sitive nuclear technology is transferred pur- nuclear explosive purpose. that Party finds such material violation not suant to a Section 123 agreement for co- 2. The Agreement meets all the legal re- to be deliberate, and to the extent that it operation. Article 3.3 of the proposed Agree- quirements of the Act and the NNPA. judges that such material violation can be ment provides that sensitive nuclear tech- 3. Execution of the proposed Agreement rectified, the non-breaching Party is obli- nology shall not be transferred under the would be compatible with the nonprolifera- gated to endeavor, subject to its national Agreement, and Article 4.1 provides that sen- tion program, policy, and objectives of the legislation and regulations, to afford the sitive nuclear facilities and major critical United States. 4. Therefore, it is recommended that the breaching Party an opportunity to cure the components thereof shall not be transferred President approve and authorize the execu- material violation within a reasonable pe- under the proposed Agreement. Accordingly, tion of the proposed Agreement; and that the riod. the requirement in Section 123 a. (9) is not President determine that the performance of (5) Retransfer Consent: The requirement of relevant to the proposed Agreement, and the the proposed Agreement will promote, and Section 123 a.(5) of the Act for a guaranty by requirement in Section 402 (b) of the NNPA will not constitute an unreasonable risk to, the cooperating party that ‘‘any material or precluding the transfer of major critical the common defense and security. any Restricted Data and any production or components of facilities for uranium enrich- utilization facility transferred pursuant to ment, nuclear fuel reprocessing, or heavy THE SECRETARY OF STATE, the agreement or any special nuclear mate- water production unless an agreement for co- Washington, DC, February 18, 2014. rial produced through the use of any such fa- operation ‘‘specifically designates such com- cility or material’’ will not be transferred to ponents as items to be exported pursuant to Memorandum for the President unauthorized persons or beyond the jurisdic- [such] agreement’’ is also satisfied. From: John F. Kerry, Secretary of State, Er- tion or control of the cooperating party Environmental: Article 12.2 of the proposed nest Moniz, Secretary of Energy. without prior U.S. consent is met by Article Agreement requires the Parties to consult, Subject: Proposed Agreement for Coopera- 5.2 of the proposed Agreement. A retransfer with regard to activities under the Agree- tion Between the Government of the consent right over Restricted Data (‘‘RD’’) is ment, to identify the international environ- United States of America and the Gov- not provided because RD transfers are pro- mental implications arising from such ac- ernment of the Socialist Republic of hibited under Article 3.3 of the Agreement. tivities and to cooperate in protecting the Vietnam Concerning Peaceful Uses of (6) Physical Security: The requirement of international environment from radioactive, Nuclear Energy. Section 123 a.(6) of the Act for a guaranty chemical, or thermal contamination arising The United States and Vietnam have com- that adequate physical security will be from peaceful nuclear activities under the pleted negotiations of a proposed Agreement maintained with respect to any nuclear ma- proposed Agreement and in related matters for Cooperation Between the Government of terial transferred pursuant to an agreement of health and safety, thereby satisfying the the United States of America and the Gov- of cooperation and any special nuclear mate- requirements of section 407 of the NNPA. ernment of the Socialist Republic of Viet- rial used in or produced through the use of Article 10 of the proposed Agreement is not nam Concerning Peaceful Uses of Nuclear nuclear material, production facility, or uti- required by the Act or the NNPA, but it is Energy (the ‘‘Agreement’’). If you authorize lization facility transferred pursuant to such consistent with these laws. It provides that execution of the Agreement, it will be signed agreement is met by Article 7 of the pro- the parties may, by mutual agreement, ar- by representatives of the United States and posed Agreement. range for a third party to exercise U.S. con- Vietnam. After signature, in accordance (7) Enrichment/Reprocessing/Alteration sent rights with respect to particular items with Sections 123 b. and d. of the Atomic En- Consent Right: The requirement of section subject to the agreement if the third party ergy Act of 1954, as amended (the ‘‘Act’’), the 123 a.(7) of the Act for a guaranty that ‘‘no already enjoys the same consent rights over Agreement must be submitted to both material transferred pursuant to the agree- those items. All applicable provisions of U.S. houses of Congress for a review period of 90 ment for cooperation and no material used in law, including Section 131 of the Act gov- days of continuous session. Unless a joint or produced through the use of any material, erning subsequent arrangements, would have resolution of disapproval is enacted, the production facility, or utilization facility to be satisfied. Similar provisions have been Agreement may be brought into force upon transferred pursuant to the agreement will included in all post-NNPA agreements for co- completion of the review period. be reprocessed, enriched or (in the case of operation, although they have never been ap- The proposed Agreement provides a com- plutonium, uranium 233, or uranium en- plied. prehensive framework for peaceful nuclear riched to greater than 20 per cent in the iso- Proportionality: For the purpose of imple- cooperation with Vietnam based on a mutual tope 235, or other nuclear materials which menting rights specified in Articles 5 and 6 commitment to nuclear nonproliferation. have been irradiated) otherwise altered in of the proposed Agreement, ‘‘produced’’ spe- The United States and Vietnam would enter form or content without the prior approval cial nuclear material is defined in terms of into it in the context of a stated intention of the United States,’’ is met by Article 6 of proportionality in the Agreed Minute to the by Vietnam to rely on existing international the proposed Agreement. Article 6.1 provides Agreement. Thus, if U.S. nuclear material is markets for nuclear fuel services rather than that ‘‘(m)aterial transferred pursuant to the used in a non-U.S. reactor, the special nu- acquiring sensitive fuel services, and a stat- Agreement and material used in or produced clear material produced will be attributed to ed intention by the United States to support through the use of material or equipment so the U.S. in the proportion of the U.S. nuclear those international markets in order to en- transferred shall not be reprocessed unless material to the total amount of nuclear ma- sure reliable nuclear fuel supply for Viet- the Parties agree.’’ Article 6.2 further speci- terial used, and similarly for subsequent gen- nam. These intentions are explicitly stated fies that plutonium, uranium 233, high en- erations. It has been our consistent view in the preamble to the Agreement.

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2874 CONGRESSIONAL RECORD — SENATE May 8, 2014 The Agreement will have an initial term of Tab 3—Text of Proposed Agreement for Co- utility generating units, and for other pur- 30 years from the date of its entry into force, operation Between the United States of poses. and will continue in force thereafter for ad- America and the Socialist Republic of Viet- f ditional periods of five years each. Either nam Concerning Peaceful Uses of Nuclear Party may terminate the proposed Agree- Energy. EXECUTIVE AND OTHER ment on six months advance written notice Tab 4—Unclassified Nuclear Proliferation COMMUNICATIONS at the end of the initial 30 year term or at Assessment Statement. the end of any subsequent five year period. The following communications were laid before the Senate, together with Additionally, either Party may terminate UNITED STATES accompanying papers, reports, and doc- the proposed Agreement on one year’s writ- NUCLEAR REGULATORY COMMISSION, ten notice. Washington, DC, December 3, 2013. uments, and were referred as indicated: The Agreement permits the transfer of in- THE PRESIDENT, EC–5665. A communication from the Acting formation, material, equipment (including The White House, Director, Office of Sustainable Fisheries, De- reactors), and components for nuclear re- Washington, DC. partment of Commerce, transmitting, pursu- search and nuclear power production. It does DEAR MR. PRESIDENT: In accordance with ant to law, the report of a rule entitled not permit transfers of restricted data, sen- the provisions of Section 123 of the Atomic ‘‘Fisheries of the Exclusive Economic Zone sitive nuclear technology, sensitive nuclear Energy Act of 1954, as amended, the Nuclear Off Alaska; Pollock in Statistical Area 630 in facilities, or major critical components of Regulatory Commission reviewed the pro- the Gulf of Alaska’’ (RIN0648–XD215) received such facilities. In the event of termination of posed Agreement for Cooperation between in the Office of the President of the Senate the Agreement, key nonproliferation condi- on May 6, 2014; to the Committee on Com- tions and controls continue with respect to the Government of the United States of merce, Science, and Transportation. material, equipment, and components sub- America and the Government of the Social- ist Republic of Vietnam Concerning Peaceful EC–5666. A communication from the Acting ject to the Agreement. Director, Office of Sustainable Fisheries, De- Vietnam is a non-nuclear-weapon State Uses of Nuclear Energy. It is the view of the partment of Commerce, transmitting, pursu- party to the Treaty on the Nonproliferation Commission that the proposed Agreement in- of Nuclear Weapons. Vietnam has in force a cludes all of the provisions required by law ant to law, the report of a rule entitled comprehensive safeguards agreement and an and provides a sufficient framework for civil- ‘‘Fisheries of the Caribbean, Gulf of Mexico, Additional Protocol with the International ian nuclear cooperation between the United and South Atlantic; Shrimp Fishery Off the Atomic Energy Agency. Vietnam is a party States and Vietnam. The Commission there- Southern Atlantic States; Reopening of to the Convention on the Physical Protec- fore recommends that you make the req- Commercial Penaeid Shrimp Trawling Off tion of Nuclear Material, which establishes uisite positive statutory determination, ap- South Carolina’’ (RIN0648–XD232) received in international standards of physical protec- prove the proposed Agreement, and authorize the Office of the President of the Senate on tion for the use, storage, and transport of nu- its execution. May 1, 2014; to the Committee on Commerce, clear material, and has ratified the 2005 Respectfully, Science, and Transportation. Amendment to the Convention. A more de- ALLISON M. MACFARLANE. EC–5667. A communication from the Acting Director, Office of Sustainable Fisheries, De- tailed discussion of Vietnam’s intended civil f nuclear program and its nuclear non- partment of Commerce, transmitting, pursu- proliferation policies and practices, includ- MESSAGES FROM THE HOUSE ant to law, the report of a rule entitled ‘‘Fisheries of the Exclusive Economic Zone ing its nuclear export policies and practices, At 11:23 a.m., a message from the is provided in the Nuclear Proliferation As- Off Alaska; Pollock in Statistical Area 620 in sessment Statement (‘‘NPAS’’), and in a House of Representatives, delivered by the Gulf of Alaska’’ (RIN0648–XD236) received classified annex to the NPAS submitted to Mr. Novotny, one of its reading clerks, in the Office of the President of the Senate you separately. An addendum to the NPAS announced that the House has passed on April 30, 2014; to the Committee on Com- containing a comprehensive analysis of the the following bill, in which it requests merce, Science, and Transportation. export control system of Vietnam with re- the concurrence of the Senate: EC–5668. A communication from the Acting spect to nuclear-related matters, including Director, Office of Sustainable Fisheries, De- H.R. 863. An act to establish the Commis- interactions with countries of proliferation partment of Commerce, transmitting, pursu- sion to Study the Potential Creation of a Na- concern and the actual or suspected nuclear, ant to law, the report of a rule entitled tional Women’s History Museum, and for dual-use, or missile-related transfers to such ‘‘Fisheries Off West Coast States; Modifica- countries, pursuant to section 102A of the other purposes. tions of the West Coast Commercial Salmon National Security Act of 1947 (50 U.S.C. 403– The message further announced that Fisheries Inseason Actions No. 1, 2 and 3’’ 1), as amended, is being submitted to you the House has agreed to the following (RIN0648–XD198) received in the Office of the separately by the Director of National Intel- concurrent resolution, in which it re- President of the Senate on April 30, 2014; to ligence. quests the concurrence of the Senate: the Committee on Commerce, Science, and In accordance with the provisions of sec- Transportation. tion 123 of the Act, the proposed Agreement H. Con. Res. 83. Authorizing the use of EC–5669. A communication from the Acting was negotiated by the Department of State, Emancipation Hall in the Capitol Visitor Director, Office of Sustainable Fisheries, De- with the technical assistance and concur- Center for an event to celebrate the birthday partment of Commerce, transmitting, pursu- rence of the Department of Energy. The pro- of King Kamehameha I. ant to law, the report of a rule entitled ‘‘At- posed Agreement has also been reviewed by ENROLLED BILL SIGNED lantic Highly Migratory Species; Atlantic the members of the Nuclear Regulatory At 5:36 p.m., a message from the Bluefin Tuna Fisheries’’ (RIN0648–XD222) re- Commission. The Commission’s views are ceived in the Office of the President of the being submitted to you separately. House of Representatives, delivered by Mr. Novotny, one of its reading clerks, Senate on April 30, 2014; to the Committee on In our judgment, the proposed Agreement Commerce, Science, and Transportation. satisfies all requirements of U.S. law for announced that the Speaker has signed EC–5670. A communication from the Acting agreements of this type. We believe, as well, the following enrolled bill: Director, Office of Sustainable Fisheries, De- that U.S. cooperation with Vietnam in the H.R. 3627. An act to require the Attorney partment of Commerce, transmitting, pursu- peaceful uses of nuclear energy under the General to report on State law penalties for ant to law, the report of a rule entitled proposed Agreement will be supportive of certain child abusers, and for other purposes. ‘‘Fisheries of the Caribbean, Gulf of Mexico, U.S. nonproliferation, foreign policy, and and South Atlantic; 2014 Commercial Ac- commercial interests. We recommend, there- f countability Measure and Closure for South fore, that you determine, pursuant to section MEASURES PLACED ON THE Atlantic Vermilion Snapper’’ (RIN0648– 123 b. of the Act, that performance of the CALENDAR XD173) received in the Office of the President Agreement will promote, and will not con- stitute an unreasonable risk to, the common The following bills were read the sec- of the Senate on April 30, 2014; to the Com- mittee on Commerce, Science, and Transpor- defense and security; and that you approve ond time, and placed on the calendar: the Agreement and authorize its execution. tation. H.R. 2824. An act to amend the Surface EC–5671. A communication from the Dep- RECOMMENDATION Mining Control and Reclamation Act of 1977 uty Assistant Chief Counsel for Safety, Fed- That you sign the determination, approval, to stop the ongoing waste by the Department eral Railroad Administration, Department of and authorization at Attachment 1 and the of the Interior of taxpayer resources and im- Transportation, transmitting, pursuant to transmittal letter to Congress at Attach- plement the final rule on excess spoil, min- law, the report of a rule entitled ‘‘Critical ment 2. (The transmittal will be held until ing waste, and buffers for perennial and Incident Stress Plans’’ (RIN2130–AC00) re- the Agreement is signed.) intermittent streams, and for other pur- ceived in the Office of the President of the ATTACHMENTS: poses. Senate on May 6, 2014; to the Committee on Tab 1—Draft Presidential determination, H.R. 3826. An act to provide direction to Commerce, Science, and Transportation. approval, and authorization. the Administrator of the Environmental EC–5672. A communication from the Chair- Tab 2—Draft transmittal letter to the Con- Protection Agency regarding the establish- man of the Office of Proceedings, Surface gress (To be held until after the Agreement ment of standards for emissions of any Transportation Board, Department of Trans- is signed). greenhouse gas from fossil fuel-fired electric portation, transmitting, pursuant to law, the

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — SENATE S2875 report of a rule entitled ‘‘Demurrage Liabil- S. 2310. A bill to require the Secretary of provided to volunteer firefighters and ity’’ (RIN2140–AB07) received in the Office of the Treasury to mint coins in commemora- emergency medical responders. the President of the Senate on May 1, 2014; to tion of Mother’s Day; to the Committee on S. 576 the Committee on Commerce, Science, and Banking, Housing, and Urban Affairs. Transportation. By Mr. TESTER (for himself, Mr. At the request of Mr. JOHANNS, the EC–5673. A communication from the Attor- UDALL of New Mexico, Mr. BEGICH, name of the Senator from Georgia (Mr. ney, General Affairs Division, Consumer and Mr. WALSH): ISAKSON) was added as a cosponsor of S. Product Safety Commission, transmitting, S. 2311. A bill to amend title 38, United 576, a bill to reform laws relating to pursuant to law, the report of a rule entitled States Code, to include licensed hearing aid small public housing agencies, and for ‘‘Hazardous Substances and Articles; Admin- specialists as eligible for appointment in the other purposes. istration and Enforcement Regulations: Re- Veterans Health Administration of the De- visions to Animal Testing Regulations’’ partment of Veterans Affairs, and for other S. 654 (Docket No. CPSC–2012–0036) received in the purposes; to the Committee on Veterans’ Af- At the request of Ms. LANDRIEU, the Office of the President of the Senate on May fairs. name of the Senator from South Da- 1, 2014; to the Committee on Commerce, By Mr. REED: kota (Mr. JOHNSON) was added as a co- Science, and Transportation. S. 2312. A bill to amend titles 5, 10, and 32, sponsor of S. 654, a bill to amend the United States Code, to eliminate inequities f Internal Revenue Code of 1986 to pro- EXECUTIVE REPORTS OF in the treatment of National Guard techni- cians, and for other purposes; to the Com- vide for collegiate housing and infra- COMMITTEE mittee on Armed Services. structure grants. The following executive reports of By Mr. WALSH: S. 917 nominations were submitted: S. 2313. A bill to prohibit Congressional re- At the request of Mr. CARDIN, the By Mr. LEAHY for the Committee on the cesses until Congress adopts a concurrent name of the Senator from New Mexico resolution on the budget that results in a Judiciary. (Mr. HEINRICH) was added as a cospon- Darrin P. Gayles, of Florida, to be United balanced federal budget by fiscal year 2024 States District Judge for the Southern Dis- and to control Congressional travel budgets; sor of S. 917, a bill to amend the Inter- trict of Florida. to the Committee on Homeland Security and nal Revenue Code of 1986 to provide a Paul G. Byron, of Florida, to be United Governmental Affairs. reduced rate of excise tax on beer pro- States District Judge for the Middle District By Mr. WALSH: duced domestically by certain quali- of Florida. S. 2314. A bill to delegate to the Secretary fying producers. Carlos Eduardo Mendoza, of Florida, to be of State the authority to approve or deny At the request of Mr. JOHANNS, his United States District Judge for the Middle certain permits; to the Committee on Home- District of Florida. land Security and Governmental Affairs. name was added as a cosponsor of S. Beth Bloom, of Florida, to be United By Mr. SCHATZ (for himself, Mr. 917, supra. States District Judge for the Southern Dis- SCOTT, and Mr. BEGICH): S. 1056 trict of Florida. S. 2315. A bill to expand the Global Entry At the request of Mr. CASEY, the (Nominations without an asterisk Program and strengthen the Model Ports of name of the Senator from New York Entry Program, and for other purposes; to were reported with the recommenda- (Mrs. GILLIBRAND) was added as a co- tion that they be confirmed.) the Committee on Homeland Security and Governmental Affairs. sponsor of S. 1056, a bill to amend the f f Internal Revenue Code of 1986 to pro- INTRODUCTION OF BILLS AND vide for a refundable adoption tax cred- JOINT RESOLUTIONS SUBMISSION OF CONCURRENT AND it. SENATE RESOLUTIONS The following bills and joint resolu- S. 1387 tions were introduced, read the first The following concurrent resolutions At the request of Mr. JOHANNS, the and second times by unanimous con- and Senate resolutions were read, and name of the Senator from Illinois (Mr. sent, and referred as indicated: referred (or acted upon), as indicated: KIRK) was added as a cosponsor of S. By Mrs. MURRAY (for herself, Mr. By Mr. BEGICH (for himself, Mr. 1387, a bill to establish a pilot program UDALL of Colorado, Mr. MERKLEY, PRYOR, Mr. JOHNSON of South Da- to authorize the Secretary of Housing and Ms. BALDWIN): kota, Ms. STABENOW, Mr. WARNER, and Urban Development to make S. 2305. A bill to amend the method by Mrs. MURRAY, Mr. COONS, Ms. LAN- grants to nonprofit organizations to re- DRIEU, Mr. BROWN, and Mr. CARDIN): which the Social Security Administration habilitate and modify homes of dis- determines the validity of marriages under S. Res. 440. A resolution recognizing the title II of the Social Security Act; to the contributions of teachers to the civic, cul- abled and low-income veterans. Committee on Finance. tural, and economic well-being of the United S. 1431 By Mr. CARPER (for himself, Mr. States; considered and agreed to. At the request of Mr. WYDEN, the COONS, Mr. BOOKER, Mr. MENENDEZ, By Ms. KLOBUCHAR (for herself, Mr. name of the Senator from Kansas (Mr. THUNE, and Mr. FRANKEN): Mrs. GILLIBRAND, Mr. SCHUMER, and MORAN) was added as a cosponsor of S. Mr. CASEY): S. Res. 441. A resolution designating the S. 2306. A bill to direct the Secretary of the week of May 1 through May 7, 2014, as ‘‘Na- 1431, a bill to permanently extend the Interior to establish a program to build on tional Physical Education and Sport Week’’; Internet Tax Freedom Act. and help coordinate funding for restoration to the Committee on the Judiciary. S. 1622 and protection efforts of the 4-State Dela- f At the request of Ms. HEITKAMP, the ware River Basin region, and for other pur- ADDITIONAL COSPONSORS name of the Senator from Maine (Ms. poses; to the Committee on Environment and COLLINS) was added as a cosponsor of S. Public Works. S. 375 1622, a bill to establish the Alyce Spot- By Mrs. BOXER (for herself, Mr. At the request of Mr. TESTER, the ted Bear and Walter Soboleff Commis- MENENDEZ, Ms. COLLINS, Mr. KIRK, name of the Senator from Connecticut sion on Native Children, and for other and Mrs. SHAHEEN): (Mr. MURPHY) was added as a cosponsor S. 2307. A bill to prevent international vio- purposes. of S. 375, a bill to require Senate can- lence against women, and for other purposes; S. 1649 to the Committee on Foreign Relations. didates to file designations, state- At the request of Mr. BLUNT, his By Mrs. MCCASKILL (for herself, Mr. ments, and reports in electronic form. BLUNT, Mr. LEVIN, and Mr. ROCKE- S. 462 name was added as a cosponsor of S. FELLER): At the request of Mrs. BOXER, the 1649, a bill to promote freedom and de- S. 2308. A bill to designate Union Station name of the Senator from New Mexico mocracy in Vietnam. in Washington, DC, as ‘‘Harry S. Truman S. 1738 Union Station’’; to the Committee on Envi- (Mr. UDALL) was added as a cosponsor At the request of Mr. CORNYN, the ronment and Public Works. of S. 462, a bill to enhance the strategic By Mr. TOOMEY (for himself, Mr. partnership between the United States names of the Senator from Delaware CASEY, and Mr. MANCHIN): and Israel. (Mr. COONS) and the Senator from S. 2309. A bill to amend title 18, United S. 501 South Carolina (Mr. GRAHAM) were States Code, to authorize the Director of the At the request of Mr. SCHUMER, the added as cosponsors of S. 1738, a bill to Bureau of Prisons to issue oleoresin cap- name of the Senator from New Hamp- provide justice for the victims of traf- sicum spray to officers and employees of the ficking. Bureau of Prison; to the Committee on the shire (Mrs. SHAHEEN) was added as a co- Judiciary. sponsor of S. 501, a bill to amend the S. 1799 By Mr. ROCKEFELLER (for himself Internal Revenue Code of 1986 to extend At the request of Mr. COONS, the and Mr. MANCHIN): and increase the exclusion for benefits names of the Senator from Texas (Mr.

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2876 CONGRESSIONAL RECORD — SENATE May 8, 2014 CORNYN) and the Senator from Maine S. 2292 AMENDMENT NO. 3041 (Mr. KING) were added as cosponsors of At the request of Ms. WARREN, the At the request of Ms. KLOBUCHAR, the S. 1799, a bill to reauthorize subtitle A names of the Senator from West Vir- names of the Senator from Missouri of the Victims of Child Abuse Act of ginia (Mr. ROCKEFELLER) and the Sen- (Mr. BLUNT), the Senator from Mary- 1990. ator from Michigan (Mr. LEVIN) were land (Ms. MIKULSKI) and the Senator S. 1837 added as cosponsors of S. 2292, a bill to from Arkansas (Mr. PRYOR) were added At the request of Ms. WARREN, the amend the Higher Education Act of as cosponsors of amendment No. 3041 name of the Senator from Connecticut 1965 to provide for the refinancing of intended to be proposed to S. 2262, a bill to promote energy savings in resi- (Mr. MURPHY) was added as a cosponsor certain Federal student loans, and for of S. 1837, a bill to amend the Fair other purposes. dential buildings and industry, and for Credit Reporting Act to prohibit the S. 2295 other purposes. use of consumer credit checks against At the request of Mr. LEAHY, the f prospective and current employees for names of the Senator from North Caro- STATEMENTS ON INTRODUCED the purposes of making adverse em- lina (Mr. BURR) and the Senator from BILLS AND JOINT RESOLUTIONS ployment decisions. Hawaii (Mr. SCHATZ) were added as co- By Mrs. BOXER (for herself, Mr. S. 1862 sponsors of S. 2295, a bill to establish the National Commission on the Fu- MENENDEZ, Ms. COLLINS, Mr. At the request of Mr. BLUNT, the KIRK, and Mrs. SHAHEEN): name of the Senator from South Da- ture of the Army, and for other pur- poses. S. 2307. A bill to prevent inter- kota (Mr. JOHNSON) was added as a co- national violence against women, and S. 2302 sponsor of S. 1862, a bill to grant the for other purposes; to the Committee Congressional Gold Medal, collectively, At the request of Mrs. SHAHEEN, the on Foreign Relations. to the Monuments Men, in recognition name of the Senator from Georgia (Mr. Ms. COLLINS. Mr. President, I rise of their heroic role in the preservation, CHAMBLISS) was added as a cosponsor of to join with my colleagues, Senators protection, and restitution of monu- S. 2302, a bill to provide for a 1-year ex- BOXER, KIRK, MENENDEZ, and SHAHEEN, ments, works of art, and artifacts of tension of the Afghan Special Immi- in introducing the International Vio- cultural importance during and fol- grant Visa Program, and for other pur- lence Against Women Act of 2014. This lowing World War II. poses. bill makes ending violence against S. 2304 S. 1905 women and girls a top diplomatic pri- At the request of Mr. KIRK, the name At the request of Mr. MANCHIN, the ority. It would permanently authorize of the Senator from North Carolina name of the Senator from Mississippi the State Department’s Office of Glob- (Mr. BURR) was added as a cosponsor of (Mr. WICKER) was added as a cosponsor al Women’s Issues and the position of S. 2304, a bill to amend the charter of S. 1905, a bill to provide direction to the Ambassador-at-Large for Global school program under the Elementary the Administrator of the Environ- Women’s Issues. and Secondary Education Act of 1965. mental Protection Agency regarding It requires the administration to de- the establishment of standards for S.J. RES. 19 velop and implement an annual strat- emissions of any greenhouse gas from At the request of Mr. UDALL of New egy to prevent and respond to violence against women and girls for each of the fossil fuel-fired electric utility gener- Mexico, the name of the Senator from next 5 years. This legislation will en- ating units, and for other purposes. West Virginia (Mr. ROCKEFELLER) was added as a cosponsor of S.J. Res. 19, a sure that the efforts begun under Presi- S. 2035 joint resolution proposing an amend- dent George W. Bush and continued by At the request of Mr. BEGICH, the ment to the Constitution of the United President Barack Obama to combat name of the Senator from New York States relating to contributions and gender-based violence will be a priority (Mr. SCHUMER) was added as a cospon- expenditures intended to affect elec- for future administrations as well. sor of S. 2035, a bill to provide funding tions. We have witnessed great strides in to the National Institute of Mental S. RES. 421 women’s equality in our own country Health to support suicide prevention At the request of Ms. MURKOWSKI, her and in much of the developed world and brain research, including funding name was added as a cosponsor of S. over the past century. Across vast for the Brain Research Through Ad- Res. 421, a resolution expressing the swaths of the globe, however, violence vancing Innovative Neurotechnologies gratitude and appreciation of the Sen- against women and forced marriages (BRAIN) Initiative. ate for the acts of heroism and mili- are everyday occurrences. One out of S. 2043 tary achievement by the members of three women worldwide will be phys- At the request of Mrs. FISCHER, the the United States Armed Forces who ically, sexually or otherwise abused name of the Senator from Wyoming participated in the June 6, 1944, am- during her lifetime, with rates reach- (Mr. ENZI) was added as a cosponsor of phibious landing at Normandy, France, ing 70 percent in some countries. This violence ranges from domestic S. 2043, a bill to prohibit the Internal and commending them for leadership violence to rape and acid burnings, to Revenue Service from asking taxpayers and valor in an operation that helped questions regarding religious, political, dowry deaths and so-called honor bring an end to World War II. killings. Such violence is often exacer- or social beliefs. At the request of Mr. JOHANNS, his bated in humanitarian emergencies S. 2141 name was added as a cosponsor of S. and conflict settings. Violence against At the request of Mr. REED, the Res. 421, supra. women and girls is a human rights names of the Senator from Kansas (Mr. AMENDMENT NO. 3008 issue, a public health epidemic, and a ROBERTS) and the Senator from Illinois At the request of Mr. BARRASSO, the barrier to solving global challenges (Mr. KIRK) were added as cosponsors of name of the Senator from South Caro- such as extreme poverty, HIV/AIDS, S. 2141, a bill to amend the Federal lina (Mr. SCOTT) was added as a cospon- and conflict. Food, Drug, and Cosmetic Act to pro- sor of amendment No. 3008 intended to The world has just seen an appalling vide an alternative process for review be proposed to S. 2262, a bill to promote example of women and girls being of safety and effectiveness of non- energy savings in residential buildings treated as property and bargaining prescription sunscreen active ingredi- and industry, and for other purposes. chips in Nigeria, where the terrorist ents and for other purposes. AMENDMENT NO. 3014 group Boko Haram kidnapped nearly S. 2276 At the request of Mr. COBURN, the 300 school girls and is threatening to At the request of Mr. BLUNT, the name of the Senator from California sell them into sexual slavery and into name of the Senator from Kansas (Mr. (Mrs. FEINSTEIN) was added as a co- forced marriages. Tragically, there are ROBERTS) was added as a cosponsor of sponsor of amendment No. 3014 in- reports that some have already been S. 2276, a bill to amend title 10, United tended to be proposed to S. 2262, a bill sold into child marriages. Boko States Code, to improve access to men- to promote energy savings in residen- Haram’s leaders said the girls should tal health services under the TRICARE tial buildings and industry, and for get married and never be educated. He program. other purposes. has said:

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — SENATE S2877 I will marry off a woman at the age of 12. and respond to violence against fe- contracting during World War II. He I will marry off a girl at the age of 9. males be provided to nongovernmental was among the earliest Washington In fact, the very name of this ter- organizations, with priority given to politicians to call for lobbying reform. rorist group roughly translates to the those headed by women. Ever since Truman’s time, any govern- phrase ‘‘Western education is sinful.’’ As the Presiding Officer well knows, ment official who has sought to deflect Sadly, this is a viewpoint that is not violence has a profoundly negative im- responsibility or accountability in that just limited to terrorist leaders, pact on the lives of women and girls. In time-honored political tradition of though it is difficult to think of a more addition to being a pressing human buck-passing has suffered in compari- egregious example of abuse against rights issue, such violence contributes son to the Truman policy that ‘‘The girls than what we have just witnessed to inequality and political instability, Buck Stops Here.’’ in Nigeria. The International Center making it a security issue as well as a Lastly, I will mention this: Harry for Research on Women says that one moral issue for all of us. Truman was a simple man. He was reg- in nine girls around the world is mar- I am committed to working with my ularly described as ‘‘plain’’—and to his ried before the age of 15, a harmful colleagues to end violence against detractors, this was no compliment— practice that deprives girls of their dig- women and girls and to provide the as- but he wore it as a badge of honor. He nity and often their education, in- sistance and resources necessary to understood that this Nation was built creases their health risks, and perpet- achieve this goal, and I am pleased to on the hard work, dedication and com- uates poverty. The practice of pre- be the principal cosponsor of Senator mitment of ordinary working people— venting women from attaining their BOXER’s bill. because he came from ordinary work- full potential by targeting them for vi- ing people. He talked straight, often olence and early marriage is still far By Mrs. MCCASKILL (for herself, bluntly. He demonstrated that one too common in far too many countries Mr. BLUNT, Mr. LEVIN, and Mr. could rise to the highest office in the around the world. ROCKEFELLER): land based not on clever rhetoric or by The International Violence Against S. 2308. A bill to designate Union Sta- currying favor, but by charting the Women Act ensures that our country tion in Washington, DC, as ‘‘Harry S. best course for our Nation and clearly will take a leadership role in com- Truman Union Station’’; to the Com- explaining that course to the people we bating these problems. It establishes mittee on Environment and Public all serve. He proved that wisdom is in that it is the policy of the United Works. the power of our ideas—nothing more States to take action to prevent and Mr. LEVIN. Mr. President, I am truly and nothing less. respond to violence against women and delighted that my colleagues from Mis- It was a train that carried Harry Tru- girls around the globe and to integrate souri, Senators MCCASKILL and BLUNT, man on his ‘‘Give ’em Hell, Harry!’’ and coordinate efforts to address gen- have today introduced legislation to whistle-stop tour during the 1948 cam- der-based violence into U.S. foreign name Washington, DC’s Union Station paign. It was from a train that he held policy and foreign assistance programs. after our 33rd President Harry Truman, up that famous headline—‘‘Dewey De- Specifically, our bill will foster ef- legislation of which I am proud to be feats Truman’’—that serves to this day forts in four areas. First, it will in- an original cosponsor. as a rallying cry for the underdog. He crease legal and judicial protections by It is long overdue that we honor rode the train from Union Station a supporting laws and legal structures President Truman in this way. While lot, going home to be with his beloved that prevent and appropriately respond much, in life and in politics, loses its wife Bess. So naming the train station to all forms of violence against women luster as time passes, the Truman of our Nation’s capital, within sight of and girls, including honor killings and Presidency has only grown in stature the Capitol where he served so well, is forced marriages. For example, our bill and historical significance over the a fitting tribute. will support our State Department’s decades. There are many reasons for I join my Missouri colleagues in urg- work with other countries to help this, but let me focus on just a few. ing the Senate to adopt this legislation those nations reform their legal sys- First, history has shown the signifi- and pay due honor to President Harry tems by providing technical expertise cance and wisdom of Truman’s leader- Truman. and model laws and building the capac- ship in forging America’s post-war for- ity of their police and judges. eign policy consensus. Truman and By Mr. ROCKEFELLER (for him- Second, our bill will increase efforts America understood the hard lesson of self and Mr. MANCHIN): to build health sector capacity, inte- World War II: that a failure to engage S. 2310. A bill to require the Sec- grating programs to address violence in the world could have tragic con- retary of the Treasury to mint coins in against women and girls into existing sequences for our Nation, for our commemoration of Mother’s Day; to health care programs focused on chil- friends and allies, and for humanity. the Committee on Banking, Housing, dren’s survival, women’s health, and He understood the importance to the and Urban Affairs. HIV/AIDS prevention. free world of helping to rebuild our Mr. ROCKEFELLER. Mr. President, I Third, our legislation will focus on chief enemies in that war, Germany rise today to introduce the Mother’s preventing violence by changing com- and Japan. He understood the impor- Day Commemorative Coin Act. I am munity norms and attitudes against tance of working across party lines to proud to be joined by Senator MANCHIN the acceptability of violence against build and maintain a consensus for in this important effort. women and girls. these policies so that they did not de- Mother’s Day is a special event for Fourth, our bill will focus on reduc- pend on any one President or party to all West Virginians because this annual ing females’ vulnerability to violence continue. tribute to mothers began in our state. by improving their economic status We in Michigan are especially proud In 1908, a West Virginia woman by the and educational opportunities. Efforts of the role that our Senator Vanden- name of Anna Jarvis petitioned her would include ensuring that women berg, a Republican, played in helping local church to declare May 9th as have access to job training and employ- to build this consensus along with a Mother’s Day. She hoped that this holi- ment opportunities and increasing Democratic President. Their hard work day would serve as a day to remember their right to own land and property, resulted in one of our Nation’s most and honor our mothers, and to promote allowing them potentially to support lasting and important achievements, peace and understanding. Within a themselves and their children. ensuring America’s enduring role in year, all 46 States celebrated Mother’s Our bill will require the U.S. Strat- leading a rising tide of freedom around Day in some fashion, and in 1914, Con- egy to Prevent and Respond to Gender- the world. gress and the President declared the Based Violence Globally to identify 5 A second aspect of the Truman leg- second Sunday of May ‘‘Mother’s Day.’’ to 20 eligible low- and middle-income acy is his commitment to open, ethical This May 9 will mark the centennial countries for which comprehensive in- and responsive government. He for the national recognition of Moth- dividual country plans would be devel- achieved public notice in the Senate as er’s Day, and this bill provides an op- oped. The bill requires that at least 10 chairman of a committee tasked with portunity to commemorate this impor- percent of U.S. assistance to prevent fighting fraud and waste in defense tant holiday and further recognize the

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2878 CONGRESSIONAL RECORD — SENATE May 8, 2014 millions of American mothers whose of these dedicated employees will not unquantifiable contributions teachers make essential role in all of our lives canna be lost. to society and to promote greater respect be overstated. Second, dual-status technicians do and understanding for the teaching profes- The legislation I am introducing not have the same appeal rights as sion; and Whereas students, schools, communities, today would recognize Mother’s Day by most other Federal employees, includ- and a number of organizations representing authorizing the Treasury to mint a ing those civilians in other Department educators are hosting teacher appreciation commemorative Mother’s Day coin. of Defense positions. Federal employ- events in recognition of National Teacher Profits generated from the sale of these ees who are covered by a collective bar- Day: Now, therefore, be it coins would be donated to the St. Jude gaining agreement have the right to Resolved, That the Senate— Children’s Research Hospital and the file a grievance and proceed to arbitra- (1) recognizes the contributions of teachers and other educators to the civic, cultural, National Osteoporosis Foundation. St. tion, or file a case with the Merit Sys- and economic well-being of the United Jude Children’s Research Hospital has tems Protection Board, MSPB. Cur- States; and advanced cures for catastrophic pedi- rently, dual-status technicians may ap- (2) expresses gratitude for the work done atric diseases through research and peal to the Adjutant General in their by teachers and educators and encourages treatment; and the National state, but not to any neutral third students, parents, school administrators, and Osteoporosis Foundation is considered party. This bill would allow them to public officials to participate in teacher ap- our Nation’s leading voluntary health also appeal to the MSPB for grievances preciation events on National Teacher Day. organization. unrelated to their military service. f In the U.S. alone, 10 million people Third, most reserve component mem- SENATE RESOLUTION 441—DESIG- have osteoporosis, and 80 percent of bers are able to obtain health care cov- NATING THE WEEK OF MAY 1 those who suffer from this disease are erage through the TRICARE Reserve THROUGH MAY 7, 2014, AS ‘‘NA- women. This legislation not only hon- Select program. However, dual-status TIONAL PHYSICAL EDUCATION ors our nation’s mothers, but also helps technicians are ineligible, despite their AND SPORT WEEK’’ to raise funds to fight a serious disease mandatory military status and reserve Ms. KLOBUCHAR (for herself, Mr. that disproportionately impacts service, because they can participate in THUNE, and Mr. FRANKEN) submitted women. Thousands of mothers and the Federal Employees Health Benefit the following resolution; which was re- their children have benefited from the Program, FEHBP. FEHBP plans can be ferred to the Committee on the Judici- efforts of St. Jude Children’s Research more expensive than TRICARE Reserve ary: Hospital and the National Osteoporosis Select, thereby adding costs and lim- S. RES. 441 Foundation, and they are well-deserv- iting health care options for these Whereas according to the 2012 Shape of the ing of our support. Therefore, I encour- Guard technicians. My legislation sim- Nation Report, there has been a dramatic in- age my colleagues to support this legis- ply calls for the Government Account- crease in obesity in the United States over lation to honor every mother in our ability Office to study the feasibility of the last 20 years, and obesity rates are high; country. converting the coverage for National Whereas over 30 percent of children in the I can think of no better way to cele- Guard dual-status technicians from United States are overweight or obese; brate Mother’s Day than by helping to FEHBP to TRICARE Reserve Select. Whereas according to the Centers for Dis- promote the health of American moth- The National Guard Technician Eq- ease Control and Prevention, over 48 percent of high school students do not attend phys- ers and their children. uity Act also allows technicians to re- ical education classes in an average week; ceive overtime pay and requires the Whereas according to Department of By Mr. REED: Secretary of Defense to report to Con- Health and Human Services Physical Activ- S. 2312. A bill to amend titles 5, 10, gress on the adequacy of leave time ity Guidelines for Americans, children and and 32, United States Code, to elimi- provided to Federal employees who are adolescents between the ages of 6 and 17 nate inequities in the treatment of Na- members of the National Guard for re- should engage in 60 minutes or more of phys- tional Guard technicians, and for other quired military training. ical activity daily, including aerobic, muscle purposes; to the Committee on Armed I urge my colleagues to support and strengthening, and bone strengthening exer- cises; Services. cosponsor the National Guard Techni- Mr. REED. Mr. President, today I in- Whereas regular physical activity is nec- cian Equity Act, and join me in press- essary to support normal and healthy growth troduce the National Guard Technician ing for inclusion of provisions of this in children and is essential to the continued Equity Act to address inconsistencies bill in the National Defense Authoriza- health and well-being of children; and in the dual-status technician program. tion Act. Whereas Congress strongly supports efforts Over 48,000 National Guard dual-sta- to increase physical activity and participa- f tus technicians serve our nation. They tion of children and youth in sports: Now, are a distinct group of workers—as ci- SUBMITTED RESOLUTIONS therefore, be it vilians, they work for the reserve com- Resolved, That the Senate— ponents, performing administrative du- (1) designates the week of May 1 through May 7, 2014, as ‘‘National Physical Education ties, providing training, and maintain- SENATE RESOLUTION 440—RECOG- NIZING THE CONTRIBUTIONS OF and Sport Week’’; ing and repairing equipment. However, (2) recognizes National Physical Education as a condition of their civilian posi- TEACHERS TO THE CIVIC, CUL- TURAL, AND ECONOMIC WELL- and Sport Week and the central role of phys- tion, they are also required to main- ical education and sports in creating a tain military status—attending week- BEING OF THE UNITED STATES healthy lifestyle for all children and youth; end drills and annual training, deploy- Mr. BEGICH (for himself, Mr. PRYOR, (3) supports the implementation of local ing overseas, and responding to domes- Mr. JOHNSON of South Dakota, Ms. school wellness policies (as that term is de- tic disasters and emergencies—thereby STABENOW, Mr. WARNER, Mrs. MURRAY, scribed in section 9A of the Richard B. Rus- sell National School Lunch Act (42 U.S.C. Mr. COONS, Ms. LANDRIEU, Mr. BROWN, creating their ‘‘dual-status.’’ 1758b)) that include ambitious goals for phys- As a result, dual-status technicians and Mr. CARDIN) submitted the fol- ical education, physical activity, and other are caught between the provisions that lowing resolution; which was consid- activities that address the childhood obesity govern the Federal civilian workforce ered and agreed to: epidemic and promote child wellness; and and the military in numerous ways. S. RES. 440 (4) encourages schools to offer physical First, under existing law, a dual-status Whereas education and knowledge are the education classes to students and work with technician who is no longer fit for mili- foundation of the current and future community partners to provide opportuni- tary duty must be fired from their strength of the United States; ties and safe spaces for physical activities Whereas teachers and other educators de- before and after school and during the sum- technician position, even if they are mer months for all children and youth. still fully capable of performing their serve the respect of their students and com- civilian duties. This bill would give munities for their selfless dedication to com- f munity service and the future of the children AMENDMENTS SUBMITTED AND technicians the option of remaining in of the United States; their civilian position if they have 20 Whereas the purpose of ‘‘National Teacher PROPOSED years of service as a dual-status techni- Day’’, which will be observed on May 6, 2014, SA 3045. Mr. MENENDEZ submitted an cian, so that the experience and skills is to raise public awareness of the amendment intended to be proposed by him

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(or successor regulations)) shall not be valid ‘‘(a) IN GENERAL.—The Secretary, acting in 2262, supra; which was ordered to lie on the if— conjunction with State energy offices, shall table. (1) the Administrator fails to demonstrate establish and carry out a community energy SA 3047. Mr. UDALL of Colorado (for him- using the best available science that a Fed- program under which the Secretary shall self, Mr. BEGICH, and Ms. HEITKAMP) sub- eral implementation plan governing a spe- make grants to eligible entities to support mitted an amendment intended to be pro- cific unit, when compared to the State plan, community energy systems improvement posed by him to the bill S. 2262, supra; which results in at least a 1.0 deciview improve- projects, including projects involving energy was ordered to lie on the table. ment over the State plan in any single class assessments, development of energy system SA 3048. Mr. HARKIN submitted an amend- I area (as classified under section 162 of the improvement strategies, and implementa- ment intended to be proposed by him to the Clean Air Act (42 U.S.C. 7472)); or tion of those strategies so as to reduce en- bill S. 2262, supra; which was ordered to lie (2) implementation of the Federal imple- ergy usage and increase energy supplied from on the table. mentation plan, when compared to the State renewable resources. SA 3049. Mrs. BOXER (for herself and Mr. plan, will result in an economic cost of ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to BENNET) submitted an amendment intended greater than $100,000,000 in any fiscal year or receive a grant under this section, an entity to be proposed by her to the bill S. 2262, $300,000,000 in the aggregate over the cost of shall be— supra; which was ordered to lie on the table. the State plan. ‘‘(1) a municipality (including a town or SA 3050. Mr. COATS (for himself, Mr. (b) RETROACTIVE APPLICATION.—This sec- city or other local unit of government); or HOEVEN, Mr. TOOMEY, Mr. VITTER, Mr. RISCH, tion applies to any disapproval by the Ad- ‘‘(2) a nonprofit institutional entity (in- Mr. CRAPO, Mr. HATCH, Mr. ENZI, and Mr. ministrator of the Environmental Protection cluding an institution of higher education, SESSIONS) submitted an amendment intended Agency of a State regional haze implementa- hospital, or school system). ‘‘(c) APPLICATION REQUIREMENTS.—To be el- to be proposed by him to the bill S. 2262, tion plan that occurs after January 1, 2010. supra; which was ordered to lie on the table. igible to receive a grant under this section, SA 3051. Mr. JOHANNS submitted an SA 3047. Mr. UDALL of Colorado (for an eligible entity shall— ‘‘(1) provide to the Secretary evidence that amendment intended to be proposed by him himself, Mr. BEGICH, and Ms. to the bill S. 2262, supra; which was ordered the entity has a commitment to improving HEITKAMP) submitted an amendment to lie on the table. the energy systems of the entity; SA 3052. Mr. SANDERS (for himself, Mr. intended to be proposed by him to the ‘‘(2) encourage broad citizen participation WYDEN, Mr. KING, and Mr. CASEY) submitted bill S. 2262, to promote energy savings in the project carried out with the grant; an amendment intended to be proposed by in residential buildings and industry, ‘‘(3) submit to the Secretary an application him to the bill S. 2262, supra; which was or- and for other purposes; which was or- at such time, in such manner, and con- dered to lie on the table. dered to lie on the table; as follows: taining such information as the Secretary SA 3053. Mr. KING submitted an amend- may require; and At the beginning of title V, insert the fol- ‘‘(4) meet such other eligibility criteria as ment intended to be proposed by him to the lowing: bill S. 2262, supra; which was ordered to lie are established by the Secretary. on the table. SEC. 5ll. AUTHORIZATION TO EXPORT NAT- ‘‘(d) TYPES OF GRANTS.—The Secretary URAL GAS. SA 3054. Mr. FRANKEN submitted an shall provide to eligible entities under this (a) DECISION DEADLINE.—The Secretary of amendment intended to be proposed by him section— Energy shall issue a decision on any applica- to the bill S. 2262, supra; which was ordered ‘‘(1) planning and assessment grants to tion for authorization to export natural gas to lie on the table. support— under section 3 of the Natural Gas Act (15 ‘‘(A) the assessment of current energy f U.S.C. 717b) not later than 90 days after the types and uses of the eligible entity; TEXT OF AMENDMENTS later of— ‘‘(B) the identification of potential alter- (1) the end of the comment period for the native energy resources to serve the energy SA 3045. Mr. MENENDEZ submitted decision as set forth in the applicable notice needs of the eligible entity, including energy an amendment intended to be proposed published in the Federal Register; or efficiency measures and renewable energy by him to the bill S. 2262, to promote (2) the date of enactment of this Act. systems; and energy savings in residential buildings (b) JUDICIAL ACTION.— ‘‘(C) the development of energy improve- and industry, and for other purposes; (1) IN GENERAL.—The United States Court ment project plans that specify energy effi- which was ordered to lie on the table; of Appeals for the circuit in which the export ciency measures to be adopted and renewable facility will be located pursuant to an appli- as follows: energy systems to be installed; and cation described in subsection (a) shall have ‘‘(2) implementation project grants to sup- On page 78, between lines 8 and 9, insert original and exclusive jurisdiction over any port the implementation of energy system the following: civil action for the review of — improvements, regardless of whether the eli- SEC. 30l. RELEASE OF REPORT ON ENERGY AND (A) an order issued by the Secretary of En- gible entities received planning and assess- COST SAVINGS IN NONBUILDING AP- ergy with respect to the application; or ment grants for the improvements under PLICATIONS. (B) the failure of the Secretary of Energy paragraph (1). Not later than 15 days after the date of en- to issue a decision on the application. ‘‘(e) USE OF GRANTS.— actment of this Act, the Secretary and the (2) ORDER.—If the Court in a civil action ‘‘(1) PLANNING AND ASSESSMENT GRANTS.— Secretary of Defense shall jointly publish on described in paragraph (1) finds that the Sec- An eligible entity may use a planning and a public website and otherwise make avail- retary of Energy has failed to issue a deci- assessment grant provided under subsection able to the public the report on the results of sion on the application as required under (d)(1)— the study of energy and cost savings in non- subsection (a), the Court shall order the Sec- ‘‘(A) to assess energy usage across the eli- building applications required under section retary of Energy to issue the decision not gible entity, including energy used in— 518(b) of the Energy Independence and Secu- later than 30 days after the order of the ‘‘(i) public and private buildings and facili- rity Act of 2007 (Public Law 110–140; 121 Stat. Court. ties; 1660). (3) EXPEDITED CONSIDERATION.—The Court ‘‘(ii) commercial and industrial applica- shall— tions; and SA 3046. Mr. ENZI (for himself, Mr. (A) set any civil action brought under this ‘‘(iii) transportation; and THUNE, and Mr. BARRASSO) submitted subsection for expedited consideration; and ‘‘(B) to formulate energy improvement an amendment intended to be proposed (B) set the matter on the docket as soon as plans that describe specific energy efficiency by him to the bill S. 2262, to promote practicable after the filing date of the initial measures to be adopted and specific renew- energy savings in residential buildings pleading. able energy systems to be installed, includ- and industry, and for other purposes; ing identification of funding sources and im- which was ordered to lie on the table; SA 3048. Mr. HARKIN submitted an plementation processes. as follows: amendment intended to be proposed by ‘‘(2) IMPLEMENTATION PROJECT GRANTS.—An him to the bill S. 2262, to promote en- eligible entity may use an implementation At the beginning of title V, add the fol- grant provided under subsection (d)(2) to im- lowing: ergy savings in residential buildings and industry, and for other purposes; plement energy efficiency measures, or in- SEC. 5llll. REGIONAL HAZE PROGRAM. which was ordered to lie on the table; stall renewable energy systems, in support of (a) IN GENERAL.—Notwithstanding any energy improvement plans. other provision of law, the disapproval, in as follows: ‘‘(f) FEDERAL SHARE.—The Federal cost of whole or in part, by the Administrator of the Strike section 501 and insert the following: carrying out a project under this section

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shall not exceed 50 percent of total project struction and demolition waste) or natural (14) WATER CONSERVATION AND EFFICIENCY costs. gas. Such improvements include solar photo- IMPROVEMENTS.—The term ‘‘water conserva- ‘‘(g) ADMINISTRATION.—The Secretary shall voltaic, solar thermal, wood biomass, wind, tion and efficiency improvements’’ means establish criteria for program participation and geothermal systems. Such term includes measures to reduce consumption, through and evaluation of proposals for projects to be the reasonable costs of a study undertaken conservation or more efficient use of water carried out under this section, including cri- by a property owner to analyze the feasi- by the property, including installation of teria based on— bility of installing any of the improvements low-flow toilets and showerheads, installa- ‘‘(1) energy savings; and described in this paragraph and the cost of a tion of timer or timing system for hot water ‘‘(2) reductions in oil consumption. warranty or insurance policy for such im- heaters, and installation of rain catchment ‘‘(h) TECHNICAL ASSISTANCE.— provements. systems. ‘‘(1) IN GENERAL.—To assist eligible enti- (2) ENERGY CONSERVATION AND EFFICIENCY SEC. 604. TREATMENT OF PACE PROGRAMS BY ties in carrying out projects under this sec- IMPROVEMENTS.—The term ‘‘energy conserva- FNMA AND FHLMC. tion, the Secretary may— tion and efficiency improvements’’ means (a) LENDER GUIDANCE.—The Director of the ‘‘(A) provide training and technical assist- measures to reduce consumption, through Federal Housing Finance Agency, acting in ance and support to entities that receive conservation or more efficient use, of elec- the Director’s general supervisory capacity, grants under this section; and tricity, fuel oil, natural gas, propane, or shall direct the Federal National Mortgage ‘‘(B) support regional conferences to enable other forms of energy by the property, in- Association and the Federal Home Loan entities to share information on energy as- cluding air sealing, installation of insula- Mortgage Corporation to— sessment, planning, and implementation ac- tion, installation of heating, cooling, or ven- (1) issue guidance, within 30 days after the tivities. tilation systems, building modification to date of enactment of this title, providing ‘‘(2) EVALUATION PROGRAM.—In carrying increase the use of daylighting, replacement that the levy of a PACE assessment and the out this section, the Secretary shall develop of windows, installation of energy controls creation of a PACE lien do not constitute a and support use of an evaluation program or energy recovery systems, installation of default on any loan secured by a uniform in- that measures and evaluates the energy and building management systems, and installa- strument of Federal National Mortgage As- economic impacts of projects carried out tion of efficient lighting equipment, provided sociation or Federal Home Loan Mortgage that such improvements are permanently af- under this section. Corporation and do not trigger the exercise fixed to the property. Such term includes the ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— of remedies with respect to any provision of reasonable costs of an audit undertaken by a There are authorized to be appropriated to such uniform security instrument if the property owner to identify potential energy carry out this section— PACE assessment and the PACE lien meet savings that could be achieved through in- ‘‘(1) $10,000,000 for fiscal year 2014; and the requirements of section 605; stallation of any of the improvements de- ‘‘(2) $20,000,000 for each of fiscal years 2015 (2) rescind any prior issued guidance or scribed in this paragraph. through 2018.’’. Selling and Servicing Guides that are incon- (3) ENTERPRISE.—The term ‘‘enterprise’’ SEC. 5lll. OFFSET. sistent with the provisions of paragraph (1); means— and Section 422(f) of the Energy Independence (A) the Federal National Mortgage Asso- and Security Act of 2007 (42 U.S.C. 17082(f)) is ciation and any affiliate thereof; and (3) take all such other actions necessary to amended— (B) the Federal Home Loan Mortgage Cor- effect the purposes of this title. (1) in paragraph (3), by striking ‘‘and’’ poration and any affiliate thereof. (b) PROHIBITION OF DISCRIMINATION.—The Director of the Federal Housing Finance after the semicolon at the end; and (4) LOCAL GOVERNMENT.—The term ‘‘local (2) by striking paragraph (4) and inserting government’’ includes counties, cities, bor- Agency, the Comptroller of the Currency, the following: oughs, towns, parishes, villages, districts, the Federal National Mortgage Association, ‘‘(4) $200,000,000 for fiscal year 2013; and other political subdivisions authorized the Federal Home Loan Mortgage Corpora- ‘‘(5) $190,000,000 for fiscal year 2014; under State laws to establish PACE pro- tion, the Federal Deposit Insurance Corpora- ‘‘(6) $130,000,000 for fiscal year 2015; and grams. tion, the National Credit Union Administra- ‘‘(7) $80,000,000 for each of fiscal years 2016 (5) NON-RESIDENTIAL PROPERTY.—The term tion, the Board of Governors of the Federal through 2018.’’. ‘‘non-residential property’’ means private Reserve System, and all Federal agencies property that is— and entities chartered or otherwise estab- SA 3049. Mrs. BOXER (for herself and (A) not used for residential purposes; or lished under Federal law shall not discrimi- Mr. BENNET) submitted an amendment (B) residential property with 5 or more nate in any manner against States or local intended to be proposed by her to the residences. governments implementing or participating bill S. 2262, to promote energy savings (6) PACE AGREEMENT.—The term ‘‘PACE in a PACE program, or against any property agreement’’ means an agreement between a that is obligated to pay a PACE assessment in residential buildings and industry, or is subject to a PACE lien, including, with- and for other purposes; which was or- local government and a property owner de- tailing the terms of financing for a PACE out limitation, by— dered to lie on the table; as follows: improvement. (1) prohibiting lending within such juris- At the end, add the following: (7) PACE ASSESSMENT.—The term ‘‘PACE diction or requiring more restrictive under- TITLE VI—PACE ASSESSMENT assessment’’ means a tax or assessment lev- writing criteria for properties within such PROTECTION ACT ied by a local government to provide financ- jurisdiction; ing for PACE improvements. (2) except for the escrowing of funds as per- SEC. 601. SHORT TITLE. (8) PACE IMPROVEMENTS.—The term mitted by section 605(h)(2), requiring pay- This title may be cited as the ‘‘PACE As- ‘‘PACE improvements’’ means qualified ment of PACE assessment amounts that are sessment Protection Act’’. clean energy improvements, qualified energy not due or that are not delinquent; or SEC. 602. PURPOSE. conservation and efficiency improvements, (3) applying more restrictive underwriting It is the purpose of this title to ensure that and qualified water conservation and effi- criteria to any property that is obligated to those PACE programs which incorporate ciency improvements. pay a PACE assessment and is subject to a prudent programmatic safeguards to protect (9) PACE LIEN.—The term ‘‘PACE lien’’ PACE lien than any such entity would apply the interest of mortgage holders and prop- means a lien securing a PACE assessment, to such property in the event that such prop- erty owners remain viable as a potential ave- which may be senior to the lien of pre-exist- erty were subject to a State or municipal tax nue for States and local governments to ing purchase money mortgages on the same or assessment that was not a PACE assess- achieve the many public benefits associated property subject to the PACE lien. ment. with energy efficiency, water efficiency, and (10) PACE PROGRAM.—The term ‘‘PACE SEC. 605. PACE PROGRAMS ELIGIBLE FOR PRO- renewable energy retrofits. In addition, it is program’’ means a program implemented by TECTION. essential that the power and authority of a local government under State law to pro- (a) IN GENERAL.—A PACE program, and State and local governments to exercise vide financing for PACE improvements by any PACE assessment and PACE lien related their longstanding and traditional powers to levying PACE assessments. to such program, are entitled to the protec- levy taxes for public purposes not be im- (11) PROPERTY OWNER.—The term ‘‘property tions of this title only if the program meets peded. owner’’ means the owner of record of real all of the requirements under this section at SEC. 603. DEFINITIONS. property that is subject to a PACE assess- the time of its establishment, or, in the case For purposes of this title the following ment, whether such property is zoned or used of any PACE program in effect upon the date definitions apply: for residential, commercial, industrial, or of the enactment of this title, not later than (1) CLEAN ENERGY IMPROVEMENTS.—The other uses. 60 days after such date of enactment. term ‘‘clean energy improvements’’ means (12) QUALIFIED.—The term ‘‘qualified’’ (b) RESERVE FUNDS.— any system on privately owned property for means, with respect to PACE improvements, (1) ESTABLISHMENT.—A PACE program producing electricity for, or meeting heat- that the improvements meet the criteria shall enroll or otherwise contribute to a re- ing, cooling, or water heating needs of the specified in section 605. serve fund maintained by a State or local property, using renewable energy sources, (13) RESIDENTIAL PROPERTY.—The term government authority, a purpose of which combined heat and power systems, or energy ‘‘residential property’’ means a property shall be to make payments to reimburse systems using wood biomass (but not con- with up to 4 private residences. PACE programs for any amounts a program

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — SENATE S2881 is required to pay, and has demonstrated has ble local, State, and Federal laws governing (2) There are no involuntary liens, such as been paid, pursuant to paragraph (3). the privacy of the information. mechanics liens, on the property in excess of (2) CAPITAL SUFFICIENCY.—A reserve fund in (d) REQUIREMENTS APPLICABLE ONLY TO $1,000. which a PACE program is enrolled or other- NON-RESIDENTIAL PROPERTY.—A PACE pro- (3) No notices of default and not more than wise contributing to shall maintain a min- gram shall provide, with respect to non-resi- one instance of property-based debt delin- imum capital level in such amount as shall dential property, for the following: quency have been recorded during the past 3 be sufficient to ensure that an enterprise (1) AUTHORIZATION BY LIENHOLDERS.—Be- years or the property owner’s period of own- will not be adversely impacted by the PACE fore entering into a PACE agreement with a ership, whichever period is shorter. liens securing the PACE assessments held by local government or voting in favor of PACE (4) The property owner has not filed for or the PACE program. assessments in the manner specified by State declared bankruptcy in the previous 7 years. (3) REQUIRED PAYMENTS TO ENTERPRISES.—A law, the property owner shall obtain written (5) The property owner is current on all PACE program shall pay to an enterprise authorization from the holders of the first mortgage debt on the property. such amounts as are necessary to cover— mortgage on the property. (6) The property owner or owners are the (A) in any foreclosure in connection with a (2) PACE AGREEMENT.— holders of record of the property. residential property, any loss incurred by (A) TERMS.—The local government and the (7) The property title is not subject to such enterprise resulting from the payment owner of the property to which the PACE as- power of attorney, easements, or subordina- of any PACE assessment paid while the en- sessment applies at the time of commence- tion agreements restricting the authority of terprise is in possession of the property; and ment of assessment shall enter into a writ- the property owner to subject the property (B) in any forced sale for unpaid taxes or ten PACE agreement addressing the terms of to a PACE lien. special assessments in connection with a res- the PACE improvement. In the case of any (8) The property meets any geographic eli- idential property, any loss incurred by such property with multiple owners, the PACE gibility requirements established by the enterprise resulting from PACE assessments agreement shall be signed by all owners or PACE program. being paid before the payment of any out- their legally authorized representative or The local government may adopt additional standing balance on the mortgage owed to representatives. criteria, appropriate to PACE programs, for the enterprise. (B) PACE IMPROVEMENTS.—The property determining whether to provide PACE fi- (4) APPLICABILITY ONLY TO RESIDENTIAL owner shall contract for PACE improve- nancing to a property. PACE PROGRAMS.—This subsection, and the ments, purchase materials to be used in (g) QUALIFYING IMPROVEMENTS AND QUALI- requirements of this subsection, shall only making such improvements, or both, and FYING CONTRACTORS FOR RESIDENTIAL PROP- apply with respect to residential PACE pro- upon submission of documentation required ERTIES.—PACE improvements for residential properties shall be qualified if they meet the grams. by the local government, the local govern- following criteria: (c) CONSUMER PROTECTIONS APPLICABLE TO ment shall disburse funds to the property (1) AUDIT.—For clean energy improvements RESIDENTIAL PROPERTY.—A PACE program owner in payment for the PACE improve- and energy conservation and efficiency im- shall provide, with respect to residential ments or materials used in making such im- provements, an audit or feasibility study property, for the following: provements. (1) PROPERTY OWNER AGREEMENTS.— performed by a person who has been certified (C) PAYMENT SCHEDULE.—The PACE agree- as a building analyst by the Building Per- (A) PACE ASSESSMENT.—The property ment shall include a payment schedule show- formance Institute or as a Home Energy Rat- owner shall agree in writing to a PACE as- ing the term over which payments will be ing System (HERS) Rater by a Rating Pro- sessment, either pursuant to a PACE agree- due on the assessment, the frequency with vider accredited by the Residential Energy ment or by voting in the manner specified by which payments will be billed and amount of State law. In the case of any property with Services Network (RESNET); or who has ob- each payment, and the annual amount due multiple owners, each owner or the owner’s tained other similar independent certifi- on the assessment. Upon full payment of the authorized representative shall execute a cation shall have been commissioned by the amount of the assessment, including all out- PACE agreement or vote in the manner spec- local government or the property owner and standing interest and charges and any pen- ified by State law, as applicable. the audit or feasibility study shall— alties that may become due, the local gov- (B) PAYMENT SCHEDULE.—The property (A) identify recommended energy con- ernment shall provide the participating owner shall agree to a payment schedule servation, efficiency, and/or clean energy im- property owner with a written statement that identifies the term over which PACE as- provements and such recommended improve- certifying that the assessment has been paid sessment installments will be due, the fre- ments must include the improvements pro- in full and the local government shall also quency with which PACE assessment install- posed to be financed with the PACE assess- ments will be billed and amount of each in- satisfy all requirements of State law to ex- ment to the extent permitted by law; stallment, and the annual amount due on the tinguish the PACE lien. (B) estimate the potential cost savings, PACE assessment. Upon full payment of the (3) DISCLOSURES BY LOCAL GOVERNMENT.— useful life, benefit-cost ratio, and simple amount of the PACE assessment, including The local government shall disclose to the payback or return on investment for each all outstanding interest and charges and any participating property owners the costs and improvement; and penalties that may become due, the local risks associated with participating in the (C) provide the estimated overall difference government shall provide the participating program, including risks related to their in annual energy costs with and without the property owner with a written statement failure to make payments and the risk of en- recommended improvements. certifying that the PACE assessment has forcement of PACE liens. State law may provide that the cost of the been paid in full and the local government (4) CONFIDENTIALITY.—Any personal finan- audit and the cost of a warranty covering the shall also satisfy all requirements of State cial information provided by a property financed improvements may be included in law to extinguish the PACE lien. owner to a local government or an entity ad- the total amount financed. ministering a PACE program on behalf of a (2) DISCLOSURES BY LOCAL GOVERNMENT.— (2) AFFIXED FOR USEFUL LIFE.—The local The local government shall disclose to the local government shall comply with applica- government shall have determined the im- participating property owner the costs and ble local, State, and Federal laws governing provements are intended to be affixed to the risks associated with participating in the the privacy of the information. property for the entire useful life of the im- (e) PUBLIC NOTICE OF PACE ASSESSMENT.— PACE program, including risks related to provements based on the expected useful The local government shall file a public no- their failure to pay PACE assessments and tice of the PACE assessment in a manner lives of energy conservation, efficiency, and the risk of enforcement of PACE liens. The sufficient to provide notice of the PACE as- clean energy measures approved by the De- local government shall disclose to the prop- sessment to potential lenders and potential partment of Energy. erty owner the effective interest rate of the purchasers of the property. The notice shall (3) QUALIFIED CONTRACTORS.—The improve- PACE assessment, including all program consist of the following statement or its sub- ments must be made by a contractor or con- fees. The local government shall clearly and stantial equivalent: ‘‘This property is sub- tractors, determined by the local govern- conspicuously provide the property owner ject to a tax or assessment that is levied to ment to be qualified to make the PACE im- the right to rescind his or her decision to finance the installation of qualifying energy provements. A local government may accept enter into a PACE assessment, within 3 days and water conservation and efficiency im- a designation of contractors as qualified of the original transaction. provements or clean energy improvements. made by an electric or gas utility or another (3) NOTICE TO LIENHOLDERS.—Before enter- The tax or assessment is secured by a lien appropriate entity. Any work requiring a li- ing into a PACE agreement or voting in that is senior to all private liens.’’. cense under applicable law shall be per- favor of a PACE assessment, the property (f) ELIGIBILITY OF RESIDENTIAL PROPERTY formed by an individual holding such license. owner or the local government shall provide OWNERS.—Before levying a PACE assessment A local government may elect to provide fi- to the holders of any existing mortgages on on a residential property, the local govern- nancing for improvements made by the the property written notice of the terms of ment shall ensure that all of the following owner of the property, but shall not permit the PACE assessment. are true with respect to the property: the value of the owner’s labor to be included (4) CONFIDENTIALITY.—Any personal finan- (1) All property taxes and any other public in the amount financed. cial information provided by a property assessments are current and have been cur- (4) DISBURSEMENT OF PAYMENTS.—A local owner to a local government or an entity ad- rent for 3 years or the property owner’s pe- government must require, prior to disburse- ministering a PACE program on behalf of a riod of ownership, whichever period is short- ment of final payments for the financed im- local government shall comply with applica- er. provements, submission by the property

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2882 CONGRESSIONAL RECORD — SENATE May 8, 2014 owner in a form acceptable to the local gov- RISCH, Mr. CRAPO, Mr. HATCH, Mr. ENZI, SEC. 501. STATE RESIDENTIAL BUILDING ENERGY EFFICIENCY UPGRADES LOAN PILOT ernment of— and Mr. SESSIONS) submitted an PROGRAM. (A) a document signed by the property- amendment intended to be proposed by owner requesting disbursement of funds; him to the bill S. 2262, to promote en- (a) LOANS FOR RESIDENTIAL BUILDING EN- (B) a certificate of completion, certifying ERGY EFFICIENCY UPGRADES.—Part D of title that improvements have been installed satis- ergy savings in residential buildings III of the Energy Policy and Conservation factorily; and and industry, and for other purposes; (C) documentation of all costs to be fi- which was ordered to lie on the table; Act (42 U.S.C. 6321 et seq.) is amended by nanced and copies of any required permits. as follows: adding at the end the following: (h) FINANCING TERMS APPLICABLE ONLY TO At the beginning of title V, insert the fol- ‘‘SEC. 367. LOANS FOR RESIDENTIAL BUILDING RESIDENTIAL PROPERTY.—A PACE program ENERGY EFFICIENCY UPGRADES. shall provide, with respect to residential lowing: property, for the following: SEC. 5ll. LIMITATION ON AUTHORITY TO ISSUE ‘‘(a) DEFINITIONS.—In this section: (1) AMOUNT FINANCED.—PACE improve- REGULATIONS UNDER THE SURFACE ‘‘(1) CONSUMER-FRIENDLY.—The term ‘con- ments shall be financed on terms such that MINING CONTROL AND RECLAMA- sumer-friendly’, with respect to a loan re- TION ACT OF 1977. the total energy and water cost savings real- payment approach, means a loan repayment ized by the property owner and the property The Secretary of the Interior may not, be- approach that— owner’s successors during the useful lives of fore December 31, 2017, issue or approve any ‘‘(A) emphasizes convenience for cus- the improvements, as determined by the proposed or final regulation under the Sur- tomers; audit or feasibility study pursuant to sub- face Mining Control and Reclamation Act of ‘‘(B) is of low cost to consumers; and section (g)(1), are expected to exceed the 1977 (30 U.S.C. 1201 et seq.) that would— ‘‘(C) emphasizes simplicity and ease of use total cost to the property owner and the (1) adversely impact employment in coal for consumers in the billing process. mines in the United States; property owner’s successors of the PACE as- ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible (2) cause a reduction in revenue received sessment. In determining the amount that entity’ means— by the Federal Government or any State, may be financed by a PACE assessment, the ‘‘(A) a State or territory of the United tribal, or local government, by reducing total amount of all rebates, grants, and States; and through regulation the quantity of coal in other direct financial assistance received by ‘‘(B) a tribal organization (as defined in the owner on account of the PACE improve- the United States that is available for min- ing; section 4 of the Indian Self-Determination ments shall be deducted from the cost of the and Education Assistance Act (25 U.S.C. PACE improvements. (3) reduce the quantity of coal available for 450b)). (2) PACE ASSESSMENTS.—The total amount domestic consumption or for export; ‘‘(3) ENERGY ADVISOR PROGRAM.— of PACE assessments for a property shall not (4) designate any area as unsuitable for ‘‘(A) IN GENERAL.—The term ‘energy advi- exceed 10 percent of the estimated value of surface coal mining and reclamation oper- the property. A property owner who escrows ations; sor program’ means any program to provide property taxes with the holder of a mortgage (5) expose the United States to liability for to owners or residents of residential build- on a property subject to PACE assessment taking the value of privately owned coal ings advice, information, and support in the may be required by the holder to escrow through regulation; or identification, prioritization, and implemen- amounts due on the PACE assessment, and (6) cause further time delays to permitting tation of energy efficiency and energy sav- the mortgage holder shall remit such or increase costs. ings measures. amounts to the local government in the ‘‘(B) INCLUSIONS.—The term ‘energy advi- manner that property taxes are escrowed and SA 3051. Mr. JOHANNS submitted an sor program’ includes a program that pro- remitted. amendment intended to be proposed by vides— (3) OWNER EQUITY.—As of the effective date him to the bill S. 2262, to promote en- ‘‘(i) interpretation of energy audit reports; of the PACE agreement or the vote required ‘‘(ii) assistance in the prioritization of im- by State law, the property owner shall have ergy savings in residential buildings provements; equity in the property of not less than 15 per- and industry, and for other purposes; ‘‘(iii) assistance in finding qualified con- cent of the estimated value of the property which was ordered to lie on the table; tractors; calculated without consideration of the as follows: ‘‘(iv) assistance in contractor bid reviews; amount of the PACE assessment or the value At the end of title III, add the following: ‘‘(v) education on energy conservation and of the PACE improvements. SEC. 3llll. REPORT ON FEDERAL AGENCY FA- energy efficiency; (4) TERM OF FINANCING.—The maximum CILITIES. ‘‘(vi) explanations of available incentives term of financing provided for a PACE im- (a) IN GENERAL.—Not later than 180 days and tax credits; provement may be 20 years. The term shall ‘‘(vii) assistance in completion of rebate in no case exceed the weighted average ex- after the date of enactment of this Act, the Secretary shall submit to the Committee on and incentive paperwork; and pected useful life of the PACE improvement ‘‘(viii) any other similar type of support. or improvements. Expected useful lives used Energy and Commerce of the House of Rep- ‘‘(4) ENERGY EFFICIENCY.—The term ‘energy for all calculations under this paragraph resentatives and the Committee on Energy efficiency’ means a decrease in homeowner shall be consistent with the expected useful and Natural Resources of the Senate a report or residential tenant consumption of energy lives of energy conservation and efficiency on energy use and energy efficiency projects (including electricity and thermal energy) and clean energy measures approved by the at the facilities occupied by each Federal that is achieved without reducing the qual- Department of Energy. agency. (i) COLLECTION AND ENFORCEMENT.—A (b) CONTENTS.—The report required under ity of energy services through— PACE program shall provide that— subsection (a) shall include— ‘‘(A) a measure or program that targets (1) PACE assessments shall be collected in (1) an analysis of energy use at each facil- customer behavior; the manner specified by State law; ity occupied by a Federal agency; ‘‘(B) equipment; (2) notwithstanding any other provision of (2) a list of energy audits that have been ‘‘(C) a device; or law, in the event of a transfer of property conducted at the facilities described in para- ‘‘(D) other material. ownership through foreclosure, the transfer- graph (1); ‘‘(5) ENERGY EFFICIENCY UPGRADE.— ring property owner may be obligated to pay (3) a list of energy efficiency projects that ‘‘(A) IN GENERAL.—The term ‘energy effi- only PACE assessment installments that are have been conducted at the facilities de- ciency upgrade’ means any project or activ- due (including delinquent amounts), along scribed in paragraph (1); and ity— with any applicable penalties and interest, (4) a list of energy efficiency projects that ‘‘(i) the primary purpose of which is in- except that before imposition of any pen- could be achieved through the use of a con- creasing energy efficiency; and alties or fees, the PACE program shall pro- sistent and timely mechanical insulation ‘‘(ii) that is carried out on a residential vide an opportunity to any holder of a senior maintenance program and through the up- building. lien on the property to assume payment of grading of mechanical insulation at the fa- ‘‘(B) INCLUSIONS.—The term ‘energy effi- the PACE assessment; cilities described in paragraph (1). ciency upgrade’ includes the installation or (3) PACE assessment installments that are improvement of a renewable energy facility not due may not be accelerated by fore- SA 3052. Mr. SANDERS (for himself, for heating or electricity generation serving closure except as provided by State law; and Mr. WYDEN, Mr. KING, and Mr. CASEY) a residential building carried out in conjunc- (4) payment of a PACE assessment install- submitted an amendment intended to tion with an energy efficiency project or ac- ment from the loss reserve established for a be proposed by him to the bill S. 2262, tivity. PACE program shall not relieve a partici- to promote energy savings in residen- ‘‘(6) PROGRAM ENTITY.—The term ‘program pating property owner from the obligation to tial buildings and industry, and for entity’ means a local government, utility, or pay that amount. other entity that carries out a financing pro- other purposes; which was ordered to gram under subsection (e)(2)(A) pursuant to SA 3050. Mr. COATS (for himself, Mr. lie on the table; as follows: a contract or other agreement with an eligi- HOEVEN, Mr. TOOMEY, Mr. VITTER, Mr. Strike section 501 and insert the following: ble entity.

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‘‘(7) RECIPIENT HOUSEHOLD.—The term ‘re- cific and commonly available methodology the date of receipt of the loan, as determined cipient household’ means the owner or ten- as the Secretary shall establish, by regula- by the Secretary. ant of a residential building who receives fi- tion; ‘‘(e) USE OF FUNDS.— nancing under this section for an energy effi- ‘‘(ii) the creditworthiness of the eligible ‘‘(1) IN GENERAL.—An eligible entity shall ciency upgrade of the residential building. entity; and use a loan provided under this section to es- ‘‘(8) RESIDENTIAL BUILDING.— ‘‘(iii) the incorporation of measures for tablish or expand 1 or more financing pro- ‘‘(A) IN GENERAL.—The term ‘residential making the loan repayment system for re- grams— building’ means a building used for residen- cipient households as consumer-friendly as ‘‘(A) the purpose of which is to enable re- tial purposes. practicable; cipient households to conduct energy effi- ‘‘(B) INCLUSIONS.—The term ‘residential ‘‘(C) evaluate applications based second- ciency upgrades of residential buildings; building’ includes— arily on— ‘‘(B) that may, at the sole discretion of the ‘‘(i) a single-family residence; ‘‘(i) the extent to which the proposed fi- eligible entity, require an outlay of capital ‘‘(ii) a multifamily residence composed not nancing program of the eligible entity incor- by recipient households in accordance with more than 4 units; and porates best practices for such a program, as the goals of the program under this section; ‘‘(iii) a mixed-use building that includes determined by the Secretary; and not more than 4 residential units. ‘‘(ii)(I) whether the eligible entity has cre- ‘‘(C) that incorporate a consumer-friendly ‘‘(b) ESTABLISHMENT OF PROGRAM.— ated a plan for evaluating the effectiveness loan repayment approach. ‘‘(1) IN GENERAL.—The Secretary shall es- of the proposed financing program; and ‘‘(2) STRUCTURE OF FINANCING PROGRAM.—A tablish a program under this part under ‘‘(II) whether that plan includes— financing program of an eligible entity which the Secretary shall make available to ‘‘(aa) a robust strategy for collecting, man- may— eligible entities loans for the purpose of es- aging, and analyzing data, as well as making ‘‘(A) consist— tablishing or expanding programs that pro- the data available to the public; and ‘‘(i) primarily or entirely of a financing vide to recipient households financing for en- ‘‘(bb) experimental studies, which may in- program administered by— ergy efficiency upgrades of residential build- clude investigations of how human behavior ‘‘(I) the applicable State; or ings. impacts the effectiveness of efficiency im- ‘‘(II) a program entity; or ‘‘(2) CONSULTATION.—In establishing the provements; ‘‘(ii) of a combination of programs de- program under paragraph (1), the Secretary ‘‘(iii) the extent to which Federal funds are scribed in clause (i); shall consult, as the Secretary determines to matched by funding from State, local, phil- ‘‘(B) rely on financing provided by— be appropriate, with stakeholders and the ‘‘(i) the eligible entity; or anthropic, private sector, and other sources; public. ‘‘(ii) a third party, acting through the eli- ‘‘(iv) the extent to which the proposed fi- ‘‘(3) NO REQUIREMENT TO PARTICIPATE.—No gible entity; and nancing program will be coordinated and eligible entity shall be required to partici- ‘‘(C) include a provision pursuant to which marketed with other existing or planned en- pate in any manner in the program estab- a recipient household shall agree to return ergy efficiency or energy conservation pro- lished under paragraph (1). to the eligible entity any portion of the as- grams administered by— ‘‘(4) DEADLINES.—The Secretary shall— sistance that is unused by the recipient ‘‘(I) utilities and rural cooperatives; ‘‘(A) not later than 1 year after the date of household within a reasonable period after ‘‘(II) State, tribal, territorial, or local gov- enactment of the Energy Savings and Indus- the date of receipt of the assistance, as de- ernments; or trial Competitiveness Act of 2014, implement termined by the eligible entity. ‘‘(III) community development financial the program established under paragraph (1) ‘‘(3) FORM OF ASSISTANCE.—Assistance from (including soliciting applications from eligi- institutions; and an eligible entity under this subsection may ble entities in accordance with subsection ‘‘(v) such other factors as the Secretary de- be provided in any form, or in accordance (c)); and termines to be appropriate; and with any program, authorized by Federal law ‘‘(B) not later than 2 years after the date of ‘‘(D) not provide an advantage or disadvan- (including regulations), including in the enactment of the Energy Savings and Indus- tage to applications that include renewable form of— trial Competitiveness Act of 2014, disburse energy in the program. ‘‘(A) a revolving loan fund; the initial loans provided under this section. ‘‘(d) ADMINISTRATIVE PROVISIONS.— ‘‘(B) a credit enhancement structure de- ‘‘(c) APPLICATIONS.— ‘‘(1) TERM.—The Secretary shall establish signed to mitigate the effects of default; or ‘‘(1) IN GENERAL.—To be eligible to receive terms for loans provided to eligible entities ‘‘(C) a program that— a loan under this section, an eligible entity under this section— ‘‘(i) adopts any other approach for pro- shall submit to the Secretary an application ‘‘(A) in a manner that— viding financing for energy efficiency up- at such time, in such manner, and con- ‘‘(i) provides for a high degree of cost re- grades producing significant energy effi- taining such information as the Secretary covery; and ciency gains; and may require. ‘‘(ii) ensures that, with respect to all loans ‘‘(ii) incorporates measures for making the ‘‘(2) SELECTION DATE.—Not later than 21 provided to or by eligible entities under this loan repayment system for recipient house- months after the date of enactment of the section, the loans are competitive with, or holds as consumer-friendly as practicable. Energy Savings and Industrial Competitive- superior to, other forms of financing for ‘‘(4) SCOPE OF ASSISTANCE.—Assistance pro- ness Act of 2014, the Secretary shall select similar purposes; and vided by an eligible entity under this sub- eligible entities to receive the initial loans ‘‘(B) subject to the condition that the term section may be used to pay for costs associ- provided under this section, in accordance of a loan provided to an eligible entity under ated with carrying out an energy efficiency with the requirements described in para- this section shall not exceed 35 years. upgrade, including materials and labor. graph (3). ‘‘(2) INTEREST RATES.— ‘‘(5) ADDITIONAL ASSISTANCE.—In addition ‘‘(3) REQUIREMENTS.—In selecting eligible ‘‘(A) IN GENERAL.—Subject to subparagraph to the amount of the loan provided to an eli- entities to receive loans under this section, (B), the Secretary, at the discretion of the gible entity by the Secretary under sub- the Secretary shall— Secretary, shall charge interest on a loan section (b), the eligible entity or program ‘‘(A) to the maximum extent practicable, provided to an eligible entity under this sec- entity, as applicable, may provide to recipi- ensure— tion at a fixed rate equal, or approximately ent households such assistance under this ‘‘(i) that both innovative and established equal, to the interest rate charged on Treas- subsection as the eligible entity or program approaches to the challenges of financing en- ury securities of comparable maturity. entity considers to be appropriate from any ergy efficiency upgrades are supported; ‘‘(B) LEVERAGED LOANS.—The interest rate other funds of the eligible entity or program ‘‘(ii) that energy efficiency upgrades are and other terms of the loans provided to eli- entity, including funds provided to the eligi- conducted and validated to comply with best gible entities under this section shall be es- ble entity by the Secretary for administra- practices for work quality, as determined by tablished in a manner that ensures that the tive costs pursuant to this section. the Secretary; total amount of the loans is equal to not less ‘‘(6) LIMITATIONS.— ‘‘(iii) regional diversity among eligible en- than 20 times, and not more than 50 times, ‘‘(A) INTEREST RATES.— tities that receive the loans, including par- an amount equivalent to 80 percent of the ‘‘(i) INTEREST CHARGED BY ELIGIBLE ENTI- ticipation by rural States and small States; amount appropriated for administrative and TIES.—The interest rate charged by an eligi- ‘‘(iv) significant participation by families general financial support costs pursuant to ble entity on assistance provided under this with income levels at or below the median subsection (g)(2). subsection— income level for the applicable geographical ‘‘(3) NO PENALTY ON EARLY REPAYMENT.— ‘‘(I) shall be fixed; and region, as determined by the Secretary; and The Secretary shall not assess any penalty ‘‘(II) shall not exceed the interest rate paid ‘‘(v) the incorporation of an energy advisor for early repayment by an eligible entity of by the eligible entity to the Secretary under program by, as applicable— a loan provided under this section. subsection (d)(2). ‘‘(I) eligible entities; or ‘‘(4) RETURN OF UNUSED PORTION.—As a con- ‘‘(ii) INTEREST CHARGED BY PROGRAM ENTI- ‘‘(II) program entities; dition of receipt of a loan under this section, TIES.—A program entity that receives fund- ‘‘(B) evaluate applications based primarily an eligible entity shall agree to return to the ing from an eligible entity under this sub- on— general fund of the Treasury any portion of section for the purpose of capitalizing a resi- ‘‘(i) the projected reduction in energy use, the loan amount that is unused by the eligi- dential energy efficiency financing program as determined in accordance with such spe- ble entity within a reasonable period after may charge interest on any loan provided by

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2884 CONGRESSIONAL RECORD — SENATE May 8, 2014 the program entity at a fixed rate that is as (II) in paragraph (2), by striking ‘‘section plant-derived fuel available on a renewable low as practicable, but not more than 5 per- 362(b) or (e)’’ and inserting ‘‘subsection (b) or or recurring basis, including agricultural cent more than the applicable interest rate (e) of section 364’’; and crops and trees, wood and wood waste and paid by the eligible entity to the Secretary (ii) in subsection (b)(2), in the matter pre- residues, plants (including aquatic plants), under subsection (d)(2). ceding subparagraph (A), by striking ‘‘sec- grasses, residues, and fibers. Such term in- ‘‘(B) NO PENALTY ON EARLY REPAYMENT.— tion 362(b) or (e)’’ and inserting ‘‘subsection cludes densified biomass fuels such as wood An eligible entity or program entity, as ap- (b) or (e) of section 364’’. pellets.’’. plicable, shall not assess any penalty for (2) CONFORMING AMENDMENTS.—Section 391 (3) EFFECTIVE DATE.—The amendments early repayment by any recipient household of the Energy Policy and Conservation Act made by this subsection shall apply to ex- to the eligible entity or program entity, as (42 U.S.C. 6371) is amended— penditures paid or incurred in taxable years applicable. (A) in paragraph (2)(M), by striking ‘‘sec- beginning after December 31, 2013. ‘‘(f) REPORTS.— tion 365(e)(2)’’ and inserting ‘‘section (b) INVESTMENT TAX CREDIT FOR BIOMASS ‘‘(1) ELIGIBLE ENTITIES.— 363(e)(2)’’; and HEATING PROPERTY.— ‘‘(A) IN GENERAL.—Not later than 2 years (B) in paragraph (10), by striking ‘‘section (1) IN GENERAL.—Subparagraph (A) of sec- after the date of receipt of the loan, and an- 362 of this Act’’ and inserting ‘‘section 364’’. tion 48(a)(3) is amended by striking ‘‘or’’ at nually thereafter for the term of the loan, an (3) CLERICAL AMENDMENT.—The table of the end of clause (vi), by inserting ‘‘or’’ at eligible entity that receives a loan under contents of the Energy Policy and Conserva- the end of clause (vii), and by inserting after this section shall submit to the Secretary a tion Act (42 U.S.C. 6201 note; Public Law 94– clause (vii) the following new clause: report describing the performance of each 163) is amended by striking the items relat- ‘‘(viii) open-loop biomass (within the program and activity carried out using the ing to part D of title III and inserting the meaning of section 45(c)(3)) heating property, loan, including anonymized loan perform- following: including boilers or furnaces which operate ance data. ‘‘PART D—STATE ENERGY CONSERVATION at thermal output efficiencies of not less ‘‘(B) REQUIREMENTS.—The Secretary, in PROGRAMS than 65 percent (measured by the higher consultation with eligible entities and other ‘‘Sec. 361. Findings and purpose. heating value of the fuel) and which provide stakeholders (such as lending institutions thermal energy in the form of heat, hot and the real estate industry), shall establish ‘‘Sec. 362. Definitions. ‘‘Sec. 363. General provisions. water, or steam for space heating, air condi- such requirements for the reports under this ‘‘Sec. 364. State energy conservation plans. tioning, domestic hot water, or industrial paragraph as the Secretary determines to be ‘‘Sec. 365. Federal assistance to States. process heat, but only with respect to peri- appropriate— ‘‘Sec. 366. State energy efficiency goals. ods ending before January 1, 2017,’’. ‘‘(i) to ensure that the reports are clear, ‘‘Sec. 367. Loans for residential building en- (2) 30 PERCENT AND 15 PERCENT CREDITS.— consistent, and straightforward; and ergy efficiency upgrades.’’. (A) IN GENERAL.—Subparagraph (A) of sec- ‘‘(ii) taking into account the reporting re- SEC. 502. OFFSET. tion 48(a)(2) is amended— quirements for similar programs in which Section 422(f) of the Energy Independence (i) by redesignating clause (ii) as clause the eligible entities are participating, if any. and Security Act of 2007 (42 U.S.C. 17082(f)) is (iii), ‘‘(2) SECRETARY.—The Secretary shall sub- amended— (ii) by inserting after clause (i) the fol- mit to Congress and make available to the (1) in paragraph (3), by striking ‘‘and’’ lowing new clause: public— after the semicolon at the end; and ‘‘(ii) except as provided in clause (i)(V), 15 ‘‘(A) not less frequently than once each (2) by striking paragraph (4) and inserting percent in the case of energy property de- year, a report describing the performance of the following: scribed in paragraph (3)(A)(viii), and’’, and the program under this section, including a ‘‘(4) $200,000,000 for fiscal year 2013; and (iii) by inserting ‘‘or (ii)’’ after ‘‘clause (i)’’ synthesis and analysis of the information ‘‘(5) $124,000,000 for each of fiscal years 2014 in clause (iii), as so redesignated. provided in the reports submitted to the Sec- through 2018.’’. (B) INCREASED CREDIT FOR GREATER EFFI- retary under paragraph (1)(A); and CIENCY.—Clause (i) of section 48(a)(2)(A) is ‘‘(B) on termination of the program under Mr. KING submitted an SA 3053. amended by striking ‘‘and’’ at the end of sub- this section, an assessment of the success of, amendment intended to be proposed by clause (III) and by inserting after subclause and education provided by, the measures car- him to the bill S. 2262, to promote en- (IV) the following new subclause: ried out by eligible entities during the term ergy savings in residential buildings ‘‘(V) energy property described in para- of the program. and industry, and for other purposes; ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— graph (3)(A)(viii) which operates at a ther- There are authorized to be appropriated to which was ordered to lie on the table; mal output efficiency of not less than 80 per- the Secretary to carry out this section— as follows: cent (measured by the higher heating value ‘‘(1) $37,500,000 for energy advisor pro- On page 49, between lines 3 and 4, insert of the fuel),’’. grams; the following: (3) EFFECTIVE DATE.—The amendments ‘‘(2) $25,000,000 for administrative and gen- SEC. 152. CREDITS RELATING TO BIOMASS PROP- made by this subsection shall apply to peri- eral financial support costs to the Secretary ERTY. ods after the date of the enactment of this of carrying out this section; and (a) RESIDENTIAL ENERGY-EFFICIENT PROP- Act, in taxable years ending after such date, ‘‘(3) $37,500,000 for administrative costs to ERTY CREDIT FOR BIOMASS FUEL PROPERTY under rules similar to the rules of section States in carrying out this section.’’. EXPENDITURES.— 48(m) of the Internal Revenue Code of 1986 (b) REORGANIZATION.— (1) ALLOWANCE OF CREDIT.—Subsection (a) (as in effect on the day before the date of the (1) IN GENERAL.—Part D of title III of the of section 25D is amended— enactment of the Revenue Reconciliation Energy Policy and Conservation Act (42 (A) by striking ‘‘and’’ at the end of para- Act of 1990). U.S.C. 6321 et seq.) is amended— graph (4), (A) by redesignating sections 362, 363, 364, (B) by striking the period at the end of SA 3054. Mr. FRANKEN submitted an 365, and 366 as sections 364, 365, 366, 363, and paragraph (5) and inserting ‘‘, and’’, and amendment intended to be proposed by 362, respectively, and moving the sections so (C) by adding at the end the following new him to the bill S. 2262, to promote en- as to appear in numerical order; paragraph: ergy savings in residential buildings (B) in section 362 (as so redesignated)— ‘‘(6) 30 percent of the qualified biomass fuel and industry, and for other purposes; (i) in paragraph (3)(B)(i), by striking ‘‘sec- property expenditures made by the taxpayer which was ordered to lie on the table; tion 367, and’’ and inserting ‘‘section 367 (as during such year.’’. in effect on the day before the date of enact- (2) QUALIFIED BIOMASS FUEL PROPERTY EX- as follows: ment of the State Energy Efficiency Pro- PENDITURES.—Subsection (d) of section 25D is At the end of title II, add the following: grams Improvement Act of 1990 (42 U.S.C. amended by adding at the end the following Subtitle E—Technical Assistance Program 6201 note; Public Law 101–440)); and’’; and new paragraph: SEC. 241. SHORT TITLE. (ii) in each of paragraphs (4) and (6), by ‘‘(6) QUALIFIED BIOMASS FUEL PROPERTY EX- striking ‘‘section 365(e)(1)’’ each place it ap- PENDITURE.— This title may be cited as the ‘‘Local En- pears and inserting ‘‘section 363(e)(1)’’; ‘‘(A) IN GENERAL.—The term ‘qualified bio- ergy Supply and Resiliency Act of 2014’’. (C) in section 363 (as so redesignated)— mass fuel property expenditure’ means an ex- SEC. 242. FINDINGS AND PURPOSES. (i) in subsection (b), by striking ‘‘the provi- penditure for property— (a) FINDINGS.—Congress finds that— sions of sections 362 and 364 and subsection ‘‘(i) which uses the burning of biomass fuel (1) a quantity of energy that is more (a) of section 363’’ and inserting ‘‘sections to heat a dwelling unit located in the United than— 364, 365(a), and 366’’; and States and used as a residence by the tax- (A) 27 percent of the total energy consump- (ii) in subsection (g)(1)(A), in the second payer, or to heat water for use in such a tion in the United States is released from sentence, by striking ‘‘section 362’’ and in- dwelling unit, and power plants in the form of waste heat; and serting ‘‘section 364’’; and ‘‘(ii) which has a thermal efficiency rating (B) 36 percent of the total energy consump- (D) in section 365 (as so redesignated)— of at least 75 percent (measured by the high- tion in the United States is released from (i) in subsection (a)— er heating value of the fuel). power plants, industrial facilities, and other (I) in paragraph (1), by striking ‘‘section ‘‘(B) BIOMASS FUEL.—For purposes of this buildings in the form of waste heat; 362,’’ and inserting ‘‘section 364;’’; and section, the term ‘biomass fuel’ means any (2) waste heat can be—

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(A) recovered and distributed to meet (1) COMBINED HEAT AND POWER SYSTEM.— (i) exhaust gas, exhaust steam, condenser building heating or industrial process heat- The term ‘‘combined heat and power sys- water, jacket cooling heat, or lubricating oil ing requirements; tem’’ or ‘‘CHP system’’ means generation of in power generation systems; (B) converted to chilled water for air con- electric energy and heat in a single, inte- (ii) exhaust heat, hot liquids, or flared gas ditioning or industrial process cooling; or grated system that meets the efficiency cri- from any industrial process; (C) converted to electricity; teria in clauses (ii) and (iii) of section (iii) waste gas or industrial tail gas that (3) renewable energy resources in commu- 48(c)(3)(A) of the Internal Revenue Code of would otherwise be flared, incinerated, or nities in the United States can be used to 1986, under which heat that is conventionally vented; meet local thermal and electric energy re- rejected is recovered and used to meet ther- (iv) a pressure drop in any gas, excluding quirements; mal energy requirements. any pressure drop to a condenser that subse- (4) use of local energy resources and imple- (2) DEMAND RESPONSE.—The term ‘‘demand quently vents the resulting heat; mentation of local energy infrastructure can response’’ means a change in electricity use (v) condenser water from chilled water or strengthen the reliability and resiliency of by an electric utility customer, as measured refrigeration plants; or energy supplies in the United States in re- against the usual consumption pattern of the (vi) any other form of waste energy, as de- sponse to extreme weather events, power consumer, in response to— termined by the Secretary; and grid failures, or interruptions in the supply (A) a change in the price of electricity dur- (B)(i) in the case of an existing facility, is of fossil fuels; not being used; or (5) use of local waste heat and renewable ing a given period of time; or (B) an incentive payment designed to in- (ii) in the case of a new facility, is not con- energy resources— ventionally used in comparable systems. (A) strengthens United States industrial duce lower electricity use when— SEC. 244. TECHNICAL ASSISTANCE PROGRAM. competitiveness; (i) wholesale market prices are high; or (a) ESTABLISHMENT.— (B) helps reduce reliance on fossil fuels and (ii) system reliability is jeopardized. (1) IN GENERAL.—The Secretary shall estab- the associated emissions of air pollution and (3) DISTRICT ENERGY SYSTEM.—The term lish a program to disseminate information carbon dioxide; ‘‘district energy system’’ means a system and provide technical assistance, directly (C) increases energy supply resiliency and that provides thermal energy to buildings through the establishment of 1 or more clean security; and and other energy consumers from 1 or more (D) keeps more energy dollars in local plants to individual buildings to provide energy application centers or through grants economies, thereby creating jobs; space heating, air conditioning, domestic hot so that recipients may contract to obtain (6) district energy systems represent a key water, industrial process energy, and other technical assistance, to assist eligible enti- opportunity to tap waste heat and renewable end uses. ties in identifying, evaluating, planning, and energy resources; (4) LOCAL ENERGY INFRASTRUCTURE.—The designing local energy infrastructure. (7) district energy systems are important term ‘‘local energy infrastructure’’ means a (2) TECHNICAL ASSISTANCE.—The technical for expanding implementation of combined system that— assistance under paragraph (1) shall include heat and power systems because district en- (A) recovers or produces useful thermal or assistance with 1 or more of the following: ergy systems provide infrastructure for de- electric energy from waste energy or renew- (A) Identification of opportunities to use livering thermal energy from a CHP system able energy resources; waste energy or renewable energy resources. to a substantial base of end users; (B) generates electricity using a combined (B) Assessment of technical and economic (8) district energy systems serve institu- heat and power system; characteristics. tions of higher education, hospitals, airports, (C) distributes electricity in microgrids; (C) Utility interconnection. military bases, and downtown areas; (D) stores thermal energy; or (D) Negotiation of power and fuel con- (9) district energy systems help cut peak (E) distributes thermal energy or transfers tracts, including assessment of the value of power demand and reduce power trans- thermal energy to building heating and cool- demand response capabilities. (E) Permitting and siting issues. mission and distribution system constraints ing systems via a district energy system. (F) Marketing and contract negotiations. by— (5) MICROGRID.—The term ‘‘microgrid’’ (G) Business planning and financial anal- (A) shifting power demand through ther- means a group of interconnected loads and ysis. mal storage; distributed energy resources within clearly (H) Engineering design. (B) generating power near load centers defined electrical boundaries that— (3) INFORMATION DISSEMINATION.—The infor- with a CHP system; and (A) acts as a single controllable entity mation disseminated under paragraph (1) (C) meeting air conditioning demand with respect to the grid; and shall include— through the delivery of chilled water pro- (B) can connect and disconnect from the (A) information relating to the topics iden- duced with heat generated by a CHP system grid to enable the microgrid to operate in or other energy sources; tified in paragraph (2), including case studies both grid-connected or island-mode. (10) evaluation and implementation of dis- of successful examples; and (6) RENEWABLE ENERGY RESOURCE.—The trict energy systems— (B) computer software for assessment, de- term ‘‘renewable energy resource’’ means — (A) is a complex undertaking involving a sign, and operation and maintenance of local (A) closed-loop and open-loop biomass (as variety of technical, economic, legal, and in- energy infrastructure. defined in paragraphs (2) and (3), respec- stitutional issues and barriers; and (b) ELIGIBLE ENTITY.—Any nonprofit or for- tively, of section 45(c) of the Internal Rev- (B) often requires technical assistance to profit entity shall be eligible to receive as- enue Code of 1986); successfully navigate those barriers; and sistance under the program established (11) a major constraint to the use of local (B) gaseous or liquid fuels produced from under subsection (a). the materials described in subparagraph (A); waste heat and renewable energy resources is (c) ELIGIBLE COSTS.—On application by an a lack of low-interest, long-term capital (C) geothermal energy (as defined in sec- eligible entity, the Secretary may award a funding for implementation. tion 45(c)(4) of such Code); grant to the eligible entity to provide (b) PURPOSES.—The purposes of this title (D) municipal solid waste (as defined in amounts to cover not more than— are— section 45(c)(6) of such Code); or (1) 100 percent of the cost of initial assess- (1) to encourage the use and distribution of (E) solar energy (which is used, undefined, ment to identify local energy opportunities; waste heat and renewable thermal energy— in section 45 of such Code). (2) 75 percent of the cost of feasibility stud- (A) to reduce fossil fuel consumption; (7) RENEWABLE THERMAL ENERGY.—The ies to assess the potential for the implemen- (B) to enhance energy supply resiliency, re- term ‘‘renewable thermal energy’’ means— tation of local energy infrastructure; liability, and security; (A) heating or cooling energy derived from (3) 60 percent of the cost of guidance on (C) to reduce air pollution and greenhouse a renewable energy resource; overcoming barriers to the implementation gas emissions; (B) natural sources of cooling such as cold of local energy infrastructure, including fi- (D) to strengthen industrial competitive- lake or ocean water; or nancial, contracting, siting, and permitting ness; and (C) other renewable thermal energy issues; and (E) to retain more energy dollars in local sources, as determined by the Secretary. (4) 45 percent of the cost of detailed engi- economies; and (8) SECRETARY.—The term ‘‘Secretary’’ neering of local energy infrastructure. (2) to facilitate the implementation of a means the Secretary of Energy. (d) APPLICATIONS.— local energy infrastructure that accom- (9) THERMAL ENERGY.—The term ‘‘thermal (1) IN GENERAL.—An eligible entity desiring plishes the goals described in paragraph (1) energy’’ means— technical assistance under this section shall by— (A) heating energy in the form of hot water submit an application to the Secretary at (A) providing technical assistance to or steam that is used to provide space heat- such time, in such manner, and containing evaluate, design, and develop projects to ing, domestic hot water, or process heat; or such information as the Secretary may re- build local energy infrastructure; and (B) cooling energy in the form of chilled quire under the rules and procedures adopted (B) facilitating low-cost financing for the water, ice or other media that is used to pro- under subsection (f). construction of local energy infrastructure vide air conditioning, or process cooling. (2) APPLICATION PROCESS.—The Secretary though the issuance of loan guarantees. (10) WASTE ENERGY.—The term ‘‘waste en- shall solicit applications for technical assist- SEC. 243. DEFINITIONS. ergy’’ means energy that— ance under this section— In this title: (A) is contained in— (A) on a competitive basis; and

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2886 CONGRESSIONAL RECORD — SENATE May 8, 2014 (B) on a periodic basis, but not less fre- bond, liquidated damages provision, and lamation; and Dr. Monica C. quently than once every 12 months. equipment warranty to be provided.’’. Regalbuto, to be an Assistant Sec- (e) PRIORITIES.—In evaluating projects, the (b) ELIGIBLE PROJECTS.—Section 1703 of the retary of Energy, Environmental Man- Secretary shall give priority to projects that Energy Policy Act of 2005 (42 U.S.C. 16513) is agement. have the greatest potential for— amended— Because of the limited time available (1) maximizing elimination of fossil fuel (1) in subsection (b), by adding at the end use; the following: for the hearing, witnesses may testify (2) strengthening the reliability of local ‘‘(11) Local energy infrastructure, as de- by invitation only. However, those energy supplies and boosting the resiliency fined in section 243 of the Local Energy Sup- wishing to submit written testimony of energy infrastructure to the impact of ex- ply and Resiliency Act of 2014.’’; and for the hearing record should send it to treme weather events, power grid failures, (2) by adding at the end the following: the Committee on Energy and Natural and interruptions in supply of fossil fuels; ‘‘(f) SPECIAL RULES FOR LOCAL ENERGY IN- Resources, United States Senate, (3) minimizing environmental impact, in- FRASTRUCTURE.— Washington, DC 20510–6150, or by email cluding regulated air pollutants, greenhouse ‘‘(1) IN GENERAL.—Subsection (a)(2) shall to [email protected]. not apply to a project described in sub- gas emissions, and use of ozone-depleting re- For further information, please con- frigerants; section (b)(11). (4) facilitating use of renewable energy re- ‘‘(2) REQUIREMENTS FOR LOAN GUARANTEE.— tact Sam Fowler at (202) 224–7571 or sources; A loan guarantee shall only be made avail- Sallie Derr at (202) 224–6836. (5) increasing industrial competitiveness; able for a project described in subsection COMMITTEE ON HEALTH, EDUCATION, LABOR, and (b)(11) to the extent specifically provided for AND PENSIONS (6) maximizing local job creation. in advance by an appropriations Act enacted Mr. HARKIN. Mr. President, I wish to (f) RULES AND PROCEDURES.—Not later than after the date of enactment of the Local En- announce that the Committee on 180 days after the date of enactment of this ergy Supply and Resiliency Act of 2014.’’. Health, Education, Labor, and Pen- Act, the Secretary shall adopt rules and pro- SEC. 246. DEFINITION OF INVESTMENT AREA. sions will meet in executive session on cedures for the administration of the pro- Section 103(16) of the Community Develop- gram established under this section, con- Wednesday, May 14, 2014, at 10 a.m., in ment Banking and Financial Institutions room SD–430 of the Dirksen Senate Of- sistent with the provisions of this title. Act of 1994 (12 U.S.C. 4702(16)) is amended— (g) AUTHORIZATION OF APPROPRIATIONS.— (1) in subparagraph (A)(ii), by striking fice Building to mark-up S. ll, The There is authorized to be appropriated to ‘‘or’’ at the end; Strong Start for America’s Children carry out this section $100,000,000 for the pe- (2) in subparagraph (B), by striking the pe- Act; the nomination of R. Jane Chu, of riod of fiscal years 2014 through 2018, to re- riod at the end and inserting ‘‘; or’’; and Missouri, to serve as Chairperson of the main available until expended. (3) by adding at the end the following: National Endowment for the Arts; as SEC. 245. LOAN GUARANTEES FOR LOCAL EN- ‘‘(C) has the potential for implementation well as any additional nominations ERGY INFRASTRUCTURE. of local energy infrastructure (as defined in cleared for action. (a) ASSURANCE OF REPAYMENT.—Section section 243 of the Local Energy Supply and For further information regarding 1702(d) of the Energy Policy Act of 2005 (42 Resiliency Act of 2014).’’. this meeting, please contact the Com- U.S.C. 16512(d)) is amended— SEC. 247. STATE ENERGY CONSERVATION PLANS. mittee at (202) 224–5375. (1) by redesignating paragraphs (2) and (3) Section 362(d) of the Energy Policy and PERMANENT SUBCOMMITTEE ON INVESTIGATIONS as paragraphs (3) and (4); and Conservation Act (42 U.S.C. 6322(d)) is (2) by inserting after paragraph (1) the fol- amended— Mr. LEVIN. Mr. President, I would lowing: (1) in paragraph (16), by striking ‘‘and’’ at like to announce for the information of ‘‘(2) LOCAL ENERGY INFRASTRUCTURE DOCU- the end; the Senate and the public that the Per- MENTATION.—No guarantee shall be made for (2) by redesignating paragraph (17) as para- manent Subcommittee on Investiga- local energy infrastructure unless the bor- graph (18); and tions of the Committee on Homeland rower submits to the Secretary— (3) by inserting after paragraph (16) the fol- ‘‘(A) an independent engineering report, Security and Governmental Affairs has lowing: scheduled a hearing entitled, ‘‘Online prepared by an engineer with experience in ‘‘(17) programs to support the evaluation the industry and familiarity with similar and implementation of local energy infra- Advertising and Hidden Hazards to projects, that includes detailed information structure (as defined in section 243 of the Consumer Security and Data Privacy.’’ on— Local Energy Supply and Resiliency Act of The Subcommittee will be examining ‘‘(i) how the technology to be employed in 2014).’’. consumer security and data privacy in the project is a proven, commercial tech- Strike section 501 and insert the following: the online advertising industry, an in- nology; vestigation led by Senator MCCAIN. ‘‘(ii) project siting; SEC. 501. OFFSET. ‘‘(iii) engineering and design; Section 422(f) of the Energy Independence Specifically, the Subcommittee is in- ‘‘(iv) permitting and environmental com- and Security Act of 2007 (42 U.S.C. 17082(f)) is vestigating data collection processes pliance; amended— and security vulnerabilities that have ‘‘(v) testing and commissioning; and (1) in paragraph (3), by striking ‘‘and’’ inflicted significant costs on Internet ‘‘(vi) operations and maintenance; after the semicolon at the end; and users and American businesses. Wit- ‘‘(B) a detailed description of the overall fi- (2) by striking paragraph (4) and inserting nesses will include representatives of nancial plan for the proposed project, includ- the following: ‘‘(4) $200,000,000 for fiscal year 2013; the online advertising industry and an ing all sources and uses of funding, equity online self-regulatory organization, an and debt, and the liability of parties associ- ‘‘(5) $180,000,000 for fiscal year 2014; ated with the project over the term of the ‘‘(6) $130,000,000 for fiscal year 2015; and online advertising expert, as well as a guarantee agreement; ‘‘(7) $80,000,000 for each of fiscal years 2016 representative from the Federal Trade ‘‘(C) all applicable financial statements of through 2018.’’. Commission. A witness list will be the borrower and any non-Federal parties f available Monday, May 12, 2014. providing financial assistance to the bor- The Subcommittee hearing has been rower, which shall have been audited by an NOTICES OF HEARINGS scheduled for Thursday, May 15, 2014, independent certified public accountant; COMMITTEE ON ENERGY AND NATURAL at 9:30 a.m., in Room 342 of the Dirksen ‘‘(D) the business plan on which the project RESOURCES Senate Office Building. For further in- is based and a financial model presenting Ms. LANDRIEU. Mr. President, I formation, please contact Elise Bean of project pro forma statements for the pro- would like to announce for the infor- posed term of the guarantee, including in- the Permanent Subcommittee on In- come statements, balance sheets, and cash mation of the Senate and the public vestigations at (202) 224–9505. flows; that a hearing has been scheduled be- COMMITTEE ON HEALTH, EDUCATION, LABOR, ‘‘(E) a copy of any power purchase agree- fore the Committee on Energy and Nat- AND PENSIONS ment, thermal energy purchase agreement, ural Resources on Tuesday, May 13, Mr. HARKIN. Mr. President, I wish to and other long-term offtake or revenue-gen- 2014, at 10 a.m., in room SD–366 of the announce that the Committee on erating agreement that will be the primary Dirksen Senate Office Building in Health, Education, Labor, and Pen- source of revenue for the project, including Washington, DC. sions will to meet on May 15, 2014, at 10 repayment of the debt obligations for which The purpose of the hearing is to con- a.m., in room SD–430 of the Dirksen a guarantee is sought; and ‘‘(F) a list of each engineering and design sider the nominations of Dr. Suzette M. Senate Office Building, to conduct a contractor, construction contractor, and Kimball, to be Director of the United hearing entitled ‘‘Progress and Chal- equipment supplier for the project, as well as States Geological Survey; Mr. Estevan lenges: The State of Tobacco Use and any performance guarantee, performance R. Lopez, to be Commissioner of Rec- Regulation in the U.S.’’

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — SENATE S2887 For further information regarding The PRESIDING OFFICER. Without ing entitled, ‘‘Waste and Abuse in this meeting, please contact Emily objection, it is so ordered. Sponsorship and Marketing Con- Schlichting of the committee staff on COMMITTEE ON FINANCE tracts.’’ (202) 224–6840. Mrs. SHAHEEN. Mr. President, I ask The PRESIDING OFFICER. Without COMMITTEE ON ENERGY AND NATURAL unanimous consent that the Com- objection, it is so ordered. RESOURCES mittee on Finance be authorized to f Ms. LANDRIEU. Mr. President, I meet during the session of the Senate PRIVILEGES OF THE FLOOR would like to announce for the infor- on May 8, 2014, at 10 a.m., in room SD– Ms. COLLINS. Mr. President, I ask mation of the Senate and the public 215 of the Dirksen Senate Office Build- that a Field Hearing has been sched- unanimous consent that Sarah Groen, ing. a State Department fellow in my of- uled before the Committee on Energy The PRESIDING OFFICER. Without fice, be granted floor privileges for the and Natural Resources. The hearing objection, it is so ordered. remainder of this day. will be held on Saturday, May 17, 2014, COMMITTEE ON FOREIGN RELATIONS The PRESIDING OFFICER. Without at 10:30 a.m., at the Cypress Bend Con- Mrs. SHAHEEN. Mr. President, I ask objection, it is so ordered. ference Center in Many, LA. unanimous consent that the Com- Mr. MURPHY. Mr. President, I ask The purpose of the hearing is to ex- mittee on Foreign Relations be author- unanimous consent that an intern in amine steps the federal government ized to meet during the session of the my office, Kathryn Martucci, be grant- can take to increase the economic ben- Senate on May 8, 2014, at 10 a.m. to ed floor privileges for the remainder of efits of the Toledo Bend Project to the conduct a hearing entitled ‘‘Assessing the calendar year. Northwest Louisiana region. Venezuela’s Political Crisis: Human The PRESIDING OFFICER. Without Because of the limited time available Rights Violations and Beyond.’’ objection, it is so ordered. for the hearing, witnesses may testify The PRESIDING OFFICER. Without Ms. MURKOWSKI. Mr. President, I by invitation only. However, those objection, it is so ordered. ask unanimous consent that privileges wishing to submit written testimony COMMITTEE ON HEALTH, EDUCATION, LABOR, of the floor be granted to Ron Faibish for the hearing record may do so by AND PENSIONS of my staff during pendency of discus- sending it to the Committee on Energy Mrs. SHAHEEN. Mr. President, I ask sion on S. 2262. and Natural Resources, United States unanimous consent that the Com- The PRESIDING OFFICER. Without objection, it is so ordered. Senate, Washington, DC 20510–6150, or mittee on Health, Education, Labor, by e-mail to and Pensions be authorized to meet, f _ Afton [email protected]. during the session of the Senate, on REPEALING CERTAIN REQUIRE- For further information, please con- May 8, 2014, at 10 a.m. in room SD–106 MENTS REGARDING NEWSPAPER tact Dan Adamson at (202) 224–2871 or of the Dirksen Senate Office Building ADVERTISING OF SENATE STA- Afton Zaunbrecher at (202) 224–5479. to conduct a hearing entitled ‘‘Hearing TIONERY CONTRACTS COMMITTEE ON ENERGY AND NATURAL on the nomination of the Secretary of Mr. REID. Madam President, I ask RESOURCES Health and Human Services-Designate, Ms. LANDRIEU. Mr. President, I unanimous consent that the Senate Sylvia Mathews Burwell.’’ proceed to the consideration of Cal- would like to announce for the infor- The PRESIDING OFFICER. Without mation of the Senate and the public endar No. 358, S. 2197. objection, it is so ordered. The PRESIDING OFFICER. The that a hearing has been scheduled be- COMMITTEE ON HOMELAND SECURITY AND clerk will report the bill by title. fore the Committee on Energy and Nat- GOVERNMENTAL AFFAIRS The legislative clerk read as follows: ural Resources on Tuesday, May 20, Mrs. SHAHEEN. Mr. President, I ask A bill (S. 2197) to repeal certain require- 2014, at 10:15 a.m.. in room SD–366 of unanimous consent that the Com- ments regarding newspaper advertising of the Dirksen Senate Office Building in mittee on Homeland Security and Gov- Senate stationery contracts. Washington, DC. ernmental Affairs be authorized to There being no objection, the Senate The purpose of the hearing is to con- meet during the session of the Senate proceeded to consider the bill. sider the nominations of Ms. Cheryl A. on May 8, 2014, at 10 a.m. to conduct a Mr. REID. Madam President, I ask LaFleur and Mr. Norman C. Bay, to be hearing entitled ‘‘Identifying Critical unanimous consent that the bill be Members of the Federal Energy Regu- Factors for Success in Information read a third time and passed and the latory Commission. Technology Acquisitions.’’ motion to reconsider be considered Because of the limited time available The PRESIDING OFFICER. Without made and laid upon the table, with no for the hearing, witnesses may testify objection, it is so ordered. intervening action or debate. by invitation only. However, those The PRESIDING OFFICER. Without COMMITTEE ON THE JUDICIARY wishing to submit written testimony objection, it is so ordered. for the hearing record should send it to Mrs. SHAHEEN. Mr. President, I ask The bill (S. 2197) was ordered to be the Committee on Energy and Natural unanimous consent that the Com- engrossed for a third reading, was read Resources, United States Senate, mittee on the Judiciary be authorized the third time, and passed, as follows: Washington, DC 20510–6150, or by email to meet during the session of the Sen- S. 2197 ate on May 8, 2014, at 11:15 a.m. to [email protected]. Be it enacted by the Senate and House of Rep- For further information, please con- The PRESIDING OFFICER. Without resentatives of the United States of America in tact Sam Fowler at (202) 224–7571 or objection, it is so ordered Congress assembled, Sallie Derr at (202) 224–6836 SELECT COMMITTEE ON INTELLIGENCE SECTION 1. SENATE STATIONERY PROCEDURES. Mrs. SHAHEEN. Mr. President, I ask (a) IN GENERAL.—Sections 65, 66, 67, and 68 f unanimous consent that the Select of the Revised Statutes (2 U.S.C. 6569, 6570, AUTHORITY FOR COMMITTEES TO Committee on Intelligence be author- 6571) are repealed. MEET (b) CONFORMING AMENDMENT.—The fifth ized to meet during the session of the paragraph after the paragraph under the side COMMITTEE ON COMMERCE, SCIENCE, AND Senate on May 8, 2014, at 2:30 p.m. heading ‘‘FOR CONTINGENT EXPENSES, NAME- TRANSPORTATION The PRESIDING OFFICER. Without LY:’’ under the subheading ‘‘SENATE.’’ under Mrs. SHAHEEN. Mr. President, I ask objection, it is so ordered. the heading ‘‘LEGISLATIVE.’’ of the Act of unanimous consent that the Com- SUBCOMMITTEE ON FINANCIAL AND March 3, 1887 (24 Stat. 596, chapter 392; 2 U.S.C. 6572), is amended by striking ‘‘sec- mittee on Commerce, Science, and CONTRACTING OVERSIGHT tions, sixty-five, sixty six, sixty-seven, sixty- Transportation be authorized to meet Mrs. SHAHEEN. Mr. President, I ask eight, and sixty-nine,’’ and inserting ‘‘sec- during the session of the Senate on unanimous consent that the Sub- tion 69’’. May 8, 2014, at 10 a.m. in room SR–253 committee on Financial and Con- f of the Russell Senate Office Building to tracting Oversight of the Committee conduct a hearing entitled, ‘‘The State on Homeland Security and Govern- AUTHORIZING THE USE OF of U.S. Travel and Tourism: Industry mental Affairs be authorized to meet EMANCIPATION HALL Efforts to Attract 100 Million Visitors during the session of the Senate on Mr. REID. Madam President, I ask Annually.’’ May 8, 2014, at 3 p.m. to conduct a hear- unanimous consent that the Senate

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2888 CONGRESSIONAL RECORD — SENATE May 8, 2014 proceed to the consideration of H. Con. The preamble was agreed to. NOMINATIONS Res. 83, which was received from the (The resolution, with its preamble, is House and is at the desk. printed in today’s RECORD under ‘‘Sub- Executive nominations received by The PRESIDING OFFICER. The mitted Resolutions.’’) the Senate: clerk will report the concurrent resolu- f THE JUDICIARY tion by title. The legislative clerk read as follows: ORDERS FOR MONDAY, MAY 12, PAMELA HARRIS, OF MARYLAND, TO BE UNITED 2014 STATES CIRCUIT JUDGE FOR THE FOURTH CIRCUIT, VICE A bill (H. Con. Res. 83) authorizing the use ANDRE M. DAVIS, RETIRED. Mr. REID. Madam President, I ask BRENDA K. SANNES, OF NEW YORK, TO BE UNITED of Emancipation Hall in the Capitol Visitor STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT Center for an event to celebrate the birthday unanimous consent that when the Sen- OF NEW YORK, VICE NORMAN A. MORDUE, RETIRED. of King Kamehameha I. ate completes its business today, it ad- There being no objection, the Senate journ until 2 p.m. on Monday, May 12, IN THE AIR FORCE proceeded to consider the concurrent 2014; that following the prayer and THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- resolution. pledge, the morning hour be deemed CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE Mr. REID. Madam President, I ask expired, the Journal of proceedings be AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION unanimous consent that the current approved to date, and the time for the 601: resolution be agreed to and the motion two leaders be reserved for their use To be lieutenant general to reconsider be laid upon the table, later in the day; that following any LT. GEN. JAMES M. HOLMES with no intervening action or debate. leader remarks, the Senate be in a pe- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT The PRESIDING OFFICER. Without riod of morning business until 5:30 p.m. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED UNDER TITLE 10, U.S.C., SECTION 624: objection, it is so ordered. with Senators permitted to speak for The resolution (H. Con. Res. 83) was up to 10 minutes each; that at 5:30 p.m., To be major general agreed to. the Senate proceed to executive session BRIG. GEN. MARK A. BROWN f under the previous order; and, finally, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT that the filing deadline for all second- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- RECOGNIZING THE CATED UNDER TITLE 10, U.S.C., SECTION 624: degree amendments to S. 2262 be 4:30 CONTRIBUTIONS OF TEACHERS p.m. Monday. To be major general Mr. REID. Madam President, I ask The PRESIDING OFFICER. Without BRIG. GEN. ROGER W. TEAGUE unanimous consent that the Senate objection, it is so ordered. proceed to the consideration of S. Res. f f 440. PROGRAM The PRESIDING OFFICER. The CONFIRMATIONS clerk will report the resolution by Mr. REID. Madam President, I hope title. everyone has a good few days off. We Executive nominations confirmed by The legislative clerk read as follows: are hopeful about next week. We have a the Senate May 8, 2014: A resolution (S. Res. 440) recognizing the lot to do. We had a couple of break- contributions of teachers to the civic, cul- throughs today, and maybe next week DEPARTMENT OF STATE tural, and economic well-being of the United we can do a little more than this week. PAMELA K. HAMAMOTO, OF HAWAII, TO BE REP- States. RESENTATIVE OF THE UNITED STATES OF AMERICA TO On Monday there will be up to three THE OFFICE OF THE UNITED NATIONS AND OTHER INTER- There being no objection, the Senate rollcall votes at 5:30 p.m. NATIONAL ORGANIZATIONS IN GENEVA, WITH THE RANK OF AMBASSADOR. proceeded to consider the resolution. f Mr. REID. Madam President, I ask DEPARTMENT OF EDUCATION ADJOURNMENT UNTIL MONDAY, unanimous consent that the resolution THEODORE REED MITCHELL, OF CALIFORNIA, TO BE be agreed to, the preamble be agreed MAY 12, 2014, AT 2 P.M. UNDER SECRETARY OF EDUCATION. to, and the motions to reconsider be Mr. REID. Madam President, if there THE JUDICIARY considered made and laid upon the is no further business to come before INDIRA TALWANI, OF MASSACHUSETTS, TO BE UNITED table, with no intervening action or de- the Senate, I ask unanimous consent STATES DISTRICT JUDGE FOR THE DISTRICT OF MASSA- bate. that it adjourn under the previous CHUSETTS. JAMES D. PETERSON, OF WISCONSIN, TO BE UNITED The PRESIDING OFFICER. Without order. STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT objection, it is so ordered. There being no objection, the Senate, OF WISCONSIN. The resolution (S. Res. 440) was at 5:58 p.m., adjourned until Monday, NANCY J. ROSENSTENGEL, OF ILLINOIS, TO BE UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT agreed to. May 12, 2014, at 2 p.m. OF ILLINOIS.

VerDate Mar 15 2010 06:09 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00058 Fmt 4624 Sfmt 9801 E:\RECORD14\MAY 2014\S08MY4.REC S08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 8, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E709 EXTENSIONS OF REMARKS

RECOGNIZING COLLEGE OF ST. In the United States alone, nearly 900,000 THE VETERANS OF BENEDICT CENTENNIAL women have participated in the program which PENNSYLVANIA’S 11TH DISTRICT now offers 15,400 group workshops in more HON. MICHELE BACHMANN than 2,500 locations nationwide. These pro- HON. LOU BARLETTA OF MINNESOTA grams are supported locally by more than OF PENNSYLVANIA 6,000 volunteers. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Look Good Feel Better was founded and Thursday, May 8, 2014 developed in 1989 by the Personal Care Prod- Thursday, May 8, 2014 Mrs. BACHMANN. Mr. Speaker, I rise today ucts Council Foundation, a charitable founda- Mr. BARLETTA. Mr. Speaker, I rise to honor to recognize the College of St. Benedict (CSB) tion established by the leading national trade the brave men and women from Pennsylva- of St. Joseph, Minnesota as it finishes up its association representing the global cosmetic nia’s 11th district who served our country dur- centennial school year. and personal care products industry. The pro- ing World War II and the Korean War. Founded in 1913, CSB became the thir- gram is available across the country and Today, many of Central Pennsylvania’s vet- teenth all-female Catholic liberal arts residen- around the world in 25 countries. erans have travelled to Washington, DC to tial college in the United States. Later Look Good Feel Better is a collaboration of view the monuments erected in their honor partnering with the all-male St. John’s Univer- the Personal Care Products Council Founda- and pay respects to the soldiers who gave the sity, students today enjoy an academic envi- tion; the American Cancer Society, Inc., the ultimate sacrifice and are laid to rest in Arling- ronment committed to sciences, literature and nation’s largest voluntary health organization ton National Cemetery. In WWII and the Ko- the arts, which the school notes is ‘‘to prepare dedicated to ending cancer and saving lives; rean War, these individuals fought coura- students not only to make a living, but to ap- and the Professional Beauty Association, the geously and valiantly against enemy forces to preciate the richness and beauty of living as largest organization of salon professionals with protect the freedoms of not only Americans, well.’’ members representing salons/spas, distribu- but also people throughout the world. It is im- CSB prepares their students well. Alumni tors, manufacturers and beauty professionals. portant that we continue to ensure that these have gone on to be successful in a number of These organizations work together to provide American heroes receive the honor and re- different fields, with notable graduates includ- free group workshops, makeup kits, individual spect that they deserve. This trip dem- ing teachers, doctors, activists, judges, entre- consultations, support resources, and more to onstrates that we as a state and as a country preneurs, and even a college president. help cancer patients thrive during treatment will never forget the debt we owe those who For 100 years, parents have sent their and recovery. have worn our nation’s uniform. daughters to this historic campus knowing that I ask my colleagues to join me in congratu- Mr. Speaker, the men and women who they will find a learning environment that pro- lating the Look Good Feel Better program and served in our nation’s armed forces provided motes the Benedictine values—such as stew- all of its sponsors and volunteers for 25 years an invaluable service to sustain our country’s ardship, truthful living, respect, and commu- of success in offering this unique and vital pro- freedom. Therefore, I thank these individuals nity—that continue to enrich central Min- gram for people living with cancer. and their families for their sacrifice and com- nesota. And no matter how far their graduates f mend them for their dedication to preserving go, whether it be geographically or in their ca- IN RECOGNITION OF JANICE our American way of life. reers, they know that once a Bennie, always BYRGE ON CELEBRATING 50 f a Bennie. YEARS AT CORNING INC. IN TRIBUTE TO MICHAEL The Class of 2017 led the charge this year HARRODSBURG, KY as the second century of Bennies. May these DOUGHERTY students continue to grow in their faith and pursue their dreams under their instructors’ HON. BRETT GUTHRIE HON. CAROLYN McCARTHY OF KENTUCKY guidance, and join the generations of alumni OF NEW YORK IN THE HOUSE OF REPRESENTATIVES that have done such tremendous work for their IN THE HOUSE OF REPRESENTATIVES community, for their state, and for their coun- Thursday, May 8, 2014 Thursday, May 8, 2014 try. Mr. GUTHRIE. Mr. Speaker, I rise today in Mr. Speaker, I ask this body join with me in recognition of Janice Byrge. On Thursday, Mrs. MCCARTHY of New York. Mr. Speak- honoring the students, alumni, staff, and fac- May 15, Janice will celebrate 50 years with er, it is always an honor to take note of a pub- ulty of the College of St. Benedict for reaching Corning Inc. Corning, known for its glass prod- lic servant who goes above and beyond the the noteworthy centennial milestone. Here’s to ucts, has grown in Harrodsburg. Some of the official description of their job. One such per- another century of quality education. most cutting-edge projects are being worked son is a constituent of mine, Michael Dough- f on in Harrodsburg, including Corning Gorilla erty. Officer Dougherty and a colleague came Glass. to the aid of a man suffering a seizure and IN RECOGNITION OF THE 25TH AN- This growth and the great successes of Cor- they acted to save his life. NIVERSARY OF LOOK GOOD ning, is due in large part to the employees. Michael Dougherty and his colleague Paul FEEL BETTER One of those employees is Janice. Markowski are Behavior Detection Officers at A Harrodsburg native, Janice has spent half La Guardia Airport in Queens, NY. They were HON. CAROLYN B. MALONEY a century exemplifying the hard and quality headed across the parking lot on April 13th OF NEW YORK work being done at Corning Inc. From her after their shifts when they saw a man sig- IN THE HOUSE OF REPRESENTATIVES early days in ophthalmic, to sheet glass oper- naling for help. The two Officers took charge ations, to today’s role of being a store room of the situation, got the man in a stable posi- Thursday, May 8, 2014 attendant, Janice has been a fixture of the tion and made sure he did not fall and injure Mrs. CAROLYN B. MALONEY of New York. Harrodsburg plant. himself. After stabilizing the man, the two offi- Mr. Speaker, I rise today to recognize the 25th Janice still resides in Harrodsburg with her cers, now assisted by others, quickly called for anniversary of the Look Good Feel Better pro- husband David. She is the proud mother of an ambulance and the man was taken to a gram. This free non-medical public service Tammy, the beaming grandmother of Jeremy hospital for treatment. These prompt and he- program of the Personal Care Products Coun- and a loving great-grandmother. roic actions likely saved a life. cil Foundation helps people with cancer look I applaud Janice on this milestone anniver- As a former nurse, I know that all public good, improve their self-esteem, and manage sary, and for her dedication to the job. Please service workers pledge to do their best to their treatment and recovery with greater con- accept my best wishes for today and the years serve and protect the public, but it is alto- fidence. to come. gether fitting that from time to time we stop to

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Mar 15 2010 07:07 May 09, 2014 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A08MY8.001 E08MYPT1 rfrederick on DSK7TPTVN1PROD with REMARKS E710 CONGRESSIONAL RECORD — Extensions of Remarks May 8, 2014 honor those who personify service. I commend headed by Carl Flusche, Vice Chairman of the HONORING ST. CLOUD HONOR Michael Dougherty and Paul Markowski for Association. The aim of this campaign is to re- FLIGHT their actions and wish them many more years duce the incidence of accidents and fatalities of service. related to alcohol use on the Colorado River f and Lake Havasu. One of the unique and in- HON. MICHELE BACHMANN novative elements of the program is the cre- OF MINNESOTA CELEBRATING THE 100TH ANNI- ation of latex wristbands that are designed VERSARY OF THE 1914 SMITH- and purchased by sponsors and distributed to IN THE HOUSE OF REPRESENTATIVES LEVER ACT ‘‘designated boat operators’’ who have made a Thursday, May 8, 2014 commitment to remain sober while operating a HON. BRAD R. WENSTRUP watercraft. Local businesses have sponsored Mrs. BACHMANN. Mr. Speaker, I rise today OF OHIO the program and provide non-alcoholic bev- to recognize the final Honor Flight out of St. IN THE HOUSE OF REPRESENTATIVES erages at no cost to those who have made Cloud, Minnesota during my tenure as their Thursday, May 8, 2014 this commitment. As the program continues to Member of Congress. It has been a highlight gain support among the boaters of Lake Mr. WENSTRUP. Mr. Speaker, I join with of my career to honor our nation’s heroes from Havasu, it has also garnered national attention Ohioans in the Second District in celebrating World War II, Korea, and Vietnam and help for its efficacy. Thanks to the leadership of Mr. the 100th anniversary of the 1914 Smith-Lever them see the monuments built in their honor Flusche and the innovative work of the Asso- Act. in Washington. ciation, boating safety has improved and there As we entered the 20th Century, America’s For many of these veterans this is their first has been a notable increase in the number of scientists and researchers were at the fore- trip to their nation’s capital, and their first boaters taking charge of their safety and uti- front of scientific and technological develop- glimpse of the pivotal role they’ve played in lizing designated watercraft operators. ments that helped pave the way for unprece- furthering the cause of liberty. These men and dented economic growth and prosperity. Finally, the LHMA has supported boating women selflessly and heroically defended Many of these innovations were developed safety by spearheading the Lake Havasu America abroad, and for that, simple words of at our nation’s great land-grant universities, River Channel Project to deepen a channel gratitude will never compare to the bravery and Smith-Lever was able to connect these through shallow delta sediments in a half-mile they exhibited during some of America’s dark- collegiate discoveries to hard working farmers stretch on the upper side of Lake Havasu. The est hours. and families across rural America through ex- dredging project increased the channel depth The example set by these men and women tension programs. from approximately two feet to four feet. It also has inspired many others to follow in their As the law sets forth, extension programs marked the channel with buoys to alert boat- footsteps. And the efforts and dedication of would be established to diffuse and distribute ers of the depth and created a ‘‘no wake the Guardians who ensure that the veterans the ‘‘useful and practical’’ information for agri- zone.’’ This project will undoubtedly relieve have safe accommodations and assistance culture, home economics, and rural energy, congestion and increase boating safety. throughout their visit also cannot be forgotten. and have adopted an expanded mission over Congratulations to the Lake Havasu Marine the last century to include 4–H, farmers, Mas- Association for taking these steps to increase Mr Speaker, I ask this body to join me in ter Gardeners, and Consumer Sciences. boating safety. honoring our nation’s heroes from World War In Ohio, our extension offices and staff con- II, the Korean War, and the Vietnam War. tinue this one hundred year-tradition. Our f They truly are the living embodiment of the counties and families continue to benefit from American values and freedoms we hold so IN RECOGNITION OF WILLIAM W. educators bringing the latest best practices to dear. Minnesota Veterans aboard the final WINGARD local communities in a practical and meaning- Honor Flight from St. Cloud Minnesota to ful manner. Washington, DC, on April 22, 2014 for submis- And as America remains at the forefront of HON. FRANK PALLONE, JR. sion into the CONGRESSIONAL RECORD. discovery, the extension program will con- OF NEW JERSEY Werner Leland Allen, Paul Clinton Ander- tinues to diffuse new knowledge throughout IN THE HOUSE OF REPRESENTATIVES son, Oliver Newton Anderson, Edwin Theo- our communities. dore Aschenbrenner, Donald Dean Baustian, Thursday, May 8, 2014 f Leland Lorell Bennett, Richard John Mr. PALLONE. Mr. Speaker, I rise today to Bernick, Alfred Irwin Betcher, Bernard Nich- CONGRATULATIONS TO THE LAKE olas Bitzan, Wayne Elwood Bonkrude, HAVASU MARINE ASSOCIATION congratulate William W. Wingard as he is hon- ored as the Greater Spring Lake Chamber of Vernon Lee Butson, James Edward Car- penter, Harold Lee Carver, Bruce Kay Commerce 2014 Citizen of the Year. Mr. Cottington, Robert John Danaher. HON. PAUL A. GOSAR Wingard’s contributions to the Spring Lake George Harvey DeMarais, Paul Eugene OF ARIZONA community are truly deserving of this award IN THE HOUSE OF REPRESENTATIVES Demarce, Richard Vernon Forbes, Oran Ever- and this body’s recognition. ett Goodell, Orville Charles Haan, Donald Thursday, May 8, 2014 Mr. Wingard has been a resident of Spring Herman Handahl, Cletus Marcel Hohn, Wal- Mr. GOSAR. Mr. Speaker, I rise today to Lake since his birth in 1927. He has been ac- lace Allen Jacobson, Carl Raymond Johnson, congratulate the Lake Havasu Marine Associa- tive in the Spring Lake community and govern- Robert Jermayne Johnson, Paul Joseph Jost, tion on being awarded the 2013 Hollister ment. He served as a Councilman for 9 years William Jackason Kathman, Donald Herman after being elected in 1980. He also served on Krueger, Bryon Lee Kunkel, Bernard Louis Award for Outstanding Service in the Field Of Lieder. Boating Safety. The Lake Havasu Marine As- the Spring Lake Board of Adjustment, the sociation (LHMA) has made impressive Planning Board and the Juvenile Conference Harry Edwin Lindbloom, Eugene Burton McKee, Carl August Morris, Emery Marshel progress since it was founded over 30 years Committee. In addition to his service to the municipal government, Mr. Wingard was also Nelson, Verne Francis Rech, Thomas Daniel ago. I would like to specifically recognize their Routhe, Robert Leon Ruplinger, Elmer Peter ‘‘Pack it In, Pack it Out,’’ ‘‘Designated Oper- a 17-year member of the Spring Lake First Aid Schumer, Kenneth Alan Tessmer, Robert ator,’’ and Lake Havasu River Channel Squad (where he was also elected president), 011ie Uppgaard, Robert Allen Walters, Gerald projects. and an honorary member of the Goodwill Fire Fredrick Wright, John Arthur Adelman, The ‘‘Pack it In, Pack it Out’’ campaign was Company and Fire Company No. 1. George William Aleshire, Gerald Dean created in 2008 by the members of the LHMA Outside of his municipal commitments, Mr. Ankerfelt. and paid for by funding from private donors. Wingard was past president of N.J. Gravel & Clarence Louis Beckmann, Rudolph George Through this program, 150,000 trash bags Sand Company and co-founder of the 200 Beilke, Kenneth Joseph Belkolm, Gerald have been provided to boaters each year. Club of Monmouth County. He currently James Benusa, Eugene Joseph Borgert, Don- Over the span of four years, 450,000 bags serves on the Jersey Shore University Medical ald Norman Bungum, Edward Henry Center Foundation. Burggraff, Kenneth Burton Christiansen, have been distributed and over one million George Wilford Courrier, Ervin Carl Damlow, pounds of trash have been removed from the Mr. Speaker, once again please join me in Lyle Edward Doebbeling, Clarence Herman shorelines of Lake Havasu. recognizing William Wingard as he is honored Fischer, James Earl Gloege, Douglas John The LHMA also assisted in the development by the Greater Spring Lake Chamber of Com- Goenner. Peter Gronewold, Chester Engnor of the ‘‘Designated Operator’’ campaign spear- merce as the 2014 Citizen of the Year. Hopland, Donald John Huberty, Elmore

VerDate Mar 15 2010 07:07 May 09, 2014 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A08MY8.002 E08MYPT1 rfrederick on DSK7TPTVN1PROD with REMARKS May 8, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E711 Virgil Johnson, Richard Matthew The real tragedy here is the suffering of so In honor of her inspiring service for our Kahlhamer, John Thomas Keefe, Rodney many innocent people at the hands of mili- community, I am pleased to recognize Sally D. Clark Kenyon, Ronald Eugene Krebs, Willard tants, extremists, and hooligans—including the Chester, R.N., and wish her continued suc- Harvey Krueger, Marvin Virgil Kumpula, Er- OSCE military monitors who were held hos- nest Dominic Lewandowski, Ervin Daniel cess in all of her endeavors. Lewandowski, Vernon George Maslow, Aloys tage by the pro-Russian militants for more Herman Meyer, Francis Charles Mortier. than a week. The militants have murdered a f Robert Howard Pellow, Roger Jerome number of pro-Ukrainian activists and have Robeck, Gerald Sylvester Roering, DuWayne kidnapped, threatened and intimidated others, PERSONAL EXPLANATION Herbert Sabrowsky, Allen Dale Simonson, including journalists who simply favor democ- Lester Reynold Thies, Richard Arlen racy and free speech. Some 40 people are in Underdahl, Chauncey Edward Van Hatten, captivity in the separatist hotbed of Sloviansk HON. DANIEL WEBSTER Dayle Jacob Von Holdt, Joseph Frank alone. Minorities also have reason to be con- OF FLORIDA Wallschlaeger Sr., Cornelius Ni Warzecha, Ronald Duane Weiss, Richard Jake Wolf, cerned—militants have attacked the Roma IN THE HOUSE OF REPRESENTATIVES Charles Wood Wright, Norbert Joseph community and among Russian special forces Zahler, Donald Bernard Zahler. in Ukraine are members of neo-Nazi and anti- Thursday, May 8, 2014 Semitic groups. And over the weekend, we f Mr. WEBSTER of Florida. Mr. Speaker, on saw the terrible clashes in Odessa that re- rollcall No. 204, had I been present, I would PERSONAL EXPLANATION sulted in the deaths of more than 40 people. We must not forget Crimea, where the Rus- have voted ‘‘yes.’’ sians are consolidating power and taking HON. EDWARD R. ROYCE f OF CALIFORNIA measures against Crimean Tatars and ethnic IN THE HOUSE OF REPRESENTATIVES Ukrainians The revered long-time Crimean AUTHORIZING USE OF EMANCI- Tatar leader and former Soviet political pris- Thursday, May 8, 2014 PATION HALL TO CELEBRATE oner, Mustafa Dzhemilev, has been banned BIRTHDAY OF KING KAMEHA- Mr. ROYCE. Mr. Speaker, I was unavoid- from returning to his homeland. Other activists MEHA ably detained and not present for rollcall vote have been attacked and threatened. 194. Had I been present, I would have voted An overwhelming majority of Ukrainian citi- ‘‘yes.’’ zens, even in the two regions where the pro- SPEECH OF f Russian separatists are most active and where most of the violence is taking place, HON. COLLEEN W. HANABUSA UKRAINE’S ELECTIONS— don’t wish to join Russia, and certainly don’t OF HAWAII LEGITIMATE AND HEROIC want war. IN THE HOUSE OF REPRESENTATIVES I welcome U.S. and international assistance HON. CHRISTOPHER H. SMITH to Ukraine’s democratic and economic devel- Wednesday, May 7, 2014 OF NEW JERSEY opment, including for the upcoming elections. Ms. HANABUSA. Mr. Speaker, I would like IN THE HOUSE OF REPRESENTATIVES Especially important is helping Ukraine to express my strong support of House Con- strengthen the rule of law and overcome the Thursday, May 8, 2014 current Resolution 83, authorizing the use of devastating legacy of corruption left in the Emancipation Hall in the Capitol Visitor’s Cen- Mr. SMITH of New Jersey. Mr. Speaker, in wake of the ruinous Yanukovich regime. ter for the lei draping ceremony on June 8, a little more than two weeks, Ukraine will be The U.S. and international community 2014 to celebrate the birthday of King Kame- holding presidential elections while Russia should redouble efforts to counter Russian ag- hameha the Great. For more than forty years, continues its campaign of aggression and de- gression and to support the Ukrainian people’s the Hawai‘i Congressional delegation and the stabilization. The evidence overwhelmingly in- overwhelming aspirations for peace, freedom, Hawai‘i State Society have hosted a lei drap- dicates that the pro-Russian separatist mili- democracy and economic well-being. We must ing ceremony which coincides with the cele- tants that have been operating in parts of stand shoulder-to-shoulder with those who bration of King Kamehameha Day in the State eastern Ukraine act at the behest and direc- want dignity, peace and freedom, in solidarity of Hawai‘i on June 11th. tion of the Russian government. President against those seeking to impose foreign autoc- King Kamehameha the Great, also known Putin has already said that the Ukrainian elec- racy and imperial rule. as King Kamehameha the first, was born in tions are illegitimate. f Yesterday Putin softened his tone with re- North Kohala on the island of Hawai‘i and HONORING SALLY D. CHESTER spect to the May 25 elections. Yet at this point grew to become one of the most powerful fig- words mean little unless they are matched by ures in Hawaiian history. He was a superior deeds. Putin has also claimed that the tens of HON. LOIS FRANKEL warrior and was the only man in the history of thousands of troops deployed on Ukraine’s OF FLORIDA the Hawaiian people to unite the Islands after border are being pulled back, yet so far there IN THE HOUSE OF REPRESENTATIVES nearly a decade of warfare. is no evidence that this is happening. Thursday, May 8, 2014 According to Hawaiian legend, on the day The upcoming elections are legitimate—and Ms. FRANKEL of Florida. Mr. Speaker, I King Kamehameha was born, a new star ap- more than legitimate. They are heroic—many rise today to honor Sally D. Chester, a truly in- peared in the heavens, signaling the birth of a people will be taking real risks of future repris- spiring nurse from my district and recipient of great chief. At the time of his birth, the Hawai- als in voting. Yet according to a recent IRI the Palm Beach County Medical Society’s ian Islands were in a state of chaos, with rival poll, an overwhelming 84 percent of Ukrainian 2014 Heroes in Medicine Humanitarian Award. chiefs constantly at odds with each other. King citizens said they will definitely or are likely to Throughout her career Sally has provided Kamehameha utilized western advisors and vote in the elections, including a substantial outstanding service to those in her local com- technology, such as muskets and cannons, to majority in the two regions in which the mili- munity. As chair of the Palm Beach County aid him in combat during his quest to unify the tants are active. The vast majority of Ukrain- Medical Society, she united physicians in im- Hawaiian Islands. In 1810, King Kamehameha ians do not support the separatist movement, proving the community’s health and as presi- fulfilled his goal of uniting the Kingdom with and wish to remain in a united Ukraine. It is dent of Leadership Palm Beach County, she the surrender of the Chief from Kauai. up to the Ukrainian people—and only the educated and united leaders in building a bet- With his forward thinking and vision for Ukrainian people—to decide their own future ter community. Hawai‘i, Kamehameha ensured that the newly through democratic means. It is not up to Rus- In 2004, when her husband, Don, became a united Hawaiian Kingdom would not crumble sia—whose President famously said that the quadriplegic following a devastating accident, after his death by establishing a uniform legal collapse of the Soviet Union was a ‘‘major she stood by him as his primary caregiver and system and promoting a fruitful trade with geopolitical disaster . . . a genuine tragedy’’. became involved with service dog training. As Western powers. He is noted for Kanawai These are views shared by few of the people a cofounder of Genesis Assistance Dogs and Mamalahoe, or the Law of the Splintered Pad- living in Ukraine, whether they consider them- board member of New Horizons Service Dogs, dle. It is said that when King Kamehameha led selves Ukrainian or Russian, and few of the she works to transform the lives of people with a raid, his foot got caught in between two people living in the other non-Russian former disabilities, including our veterans, through the rocks. A couple of local fishermen, who were Soviet republics. training and placement of assistance dogs. fearful of the warrior, not realizing that it was

VerDate Mar 15 2010 07:07 May 09, 2014 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A08MY8.008 E08MYPT1 rfrederick on DSK7TPTVN1PROD with REMARKS E712 CONGRESSIONAL RECORD — Extensions of Remarks May 8, 2014 the great king, hit Kamehameha with a paddle ciation. In 2006, he received the Ben Franklin curred on April 28, 1964. A few months after on the head, so hard that it splintered into Innovation Award ‘‘Special Achievement’’ for this meeting, the town board officially created thousand pieces. King Kamehameha survived contributions to the Great Valley Technology the Town of Peshtigo Fire Department with the incident and those same fishermen were Alliance, and in 2009, he was inducted into Howard Rettke being named Chief. brought to him for punishment. However, to the Northeast Pennsylvania’s Business Hall of Since the beginning, the Town of Peshtigo their surprise, the King did not seek revenge Fame. Mr. O’Donnell has also been recog- has continually made the safety of these fire- for the incident but rather blamed himself and nized for his work as a former officer and fighters a priority by investing in the most declared that every innocent, unarmed man, member of several local educational institu- modern technology. The Town of Peshtigo woman and child would be protected during tions and community and civic groups. He cur- Fire Department has worked closely with sur- wartime. The Law of the Splintered Paddle rently is on the board for the Wiltsie Center for rounding communities to foster better coordi- has become the basis for a number of human- the Performing Arts and serves as a member nation and faster response times to better pro- itarian laws of war and was the first written of the Hazleton Civic Partnership Advisory tect the lives and property of their friends, law in the Kingdom of Hawai‘i. This reflects Committee. In addition, he is a member of the families and neighbors. King Kamehameha’s devotion to protecting the Hazleton Rotary Club. The department plans to mark this anniver- weak during times of war and his belief that Mr. Speaker, Mr. O’Donnell has made sary on June 21 at Badger Park in Peshtigo every human life was precious beyond com- countless contributions to improving life for with live music, a pig roast and waterball com- prehension. residents of Northeastern Pennsylvania. petition with other firefighters from the greater King Kamehameha was also steadfast in Therefore, I commend him for his hard work Peshtigo area. As Congressman, I am proud preserving the traditional Hawaiian cultural be- and congratulate him on receiving the 2014 of the work being done by fire departments liefs and practices. He was a strong follower Distinguished Citizen of the Year award from throughout the 8th District and I encourage the of the Hawaiian religion and deeply valued the the Greater Hazleton Friends of Scouting. residents in Northeast Wisconsin to join with long standing kapu system, the laws and regu- f me in celebrating the Town of Peshtigo Fire lations of ancient Hawai‘i. Department’s 50th anniversary. Without King Kamehameha and the unifica- RECOGNIZING COACH FRED f tion of the Hawaiian Islands, Hawai‘i would PENNINGTON PERSONAL EXPLANATION have been torn apart by competing western in- terests. The Kingdom of Hawai‘i, with a united HON. DANIEL WEBSTER front, was able to resist western colonialism OF FLORIDA HON. TIM GRIFFIN OF ARKANSAS until the overthrow in 1893. For the people of IN THE HOUSE OF REPRESENTATIVES Hawai‘i, the reign of King Kamehameha, cele- IN THE HOUSE OF REPRESENTATIVES Thursday, May 8, 2014 brated on June 11th, represents a time of Thursday, May 8, 2014 Mr. WEBSTER of Florida. Mr. Speaker, it is great prosperity and peace in Hawaiian his- Mr. GRIFFIN of Arkansas. Mr. Speaker, on my privilege to recognize Coach Fred Pen- tory. It serves a reminder of the greatness in Tuesday, May 6, 2014, and Wednesday, May nington of Evans High School. Coach Pen- the Hawaiian people and the everlasting re- 7, 2014, I missed eleven votes as I was home nington began his coaching career at Evans in spect for the King who united Hawai‘i while re- in Arkansas continuing my work in dealing 1959 as the school’s junior varsity basketball maining true to the traditions and beliefs that with the aftermath of the devastating storm coach. His leadership was immediately evi- have guided the people for hundreds of years that hit my district, including a visit with the dent, and after becoming the school’s varsity and many more to come. President of the affected area in Vilonia, Ar- basketball coach, his first varsity team won 20 f kansas. games in the 1961–1962 season. Coach Pen- Had I been present, I would have voted KEVIN O’DONNELL nington’s 1968 team was state runner-up, and ‘‘aye’’ on rollcall vote 194, ‘‘aye’’ on rollcall in 1975, he led the Trojan team to victory in vote 195, ‘‘no’’ on rollcall vote 196, ‘‘aye’’ on the state championship. One of his players, HON. LOU BARLETTA rollcall vote 197, ‘‘aye’’ on rollcall vote 198, Darryl Dawkins, became the first player draft- OF PENNSYLVANIA ‘‘aye’’ on rollcall vote 199, ‘‘aye’’ on rollcall ed directly out of high school into the NBA. IN THE HOUSE OF REPRESENTATIVES vote 200, ‘‘aye’’ on rollcall vote 201, ‘‘no’’ on While we celebrate Coach Pennington’s Thursday, May 8, 2014 rollcall vote 202, ‘‘aye’’ on rollcall vote 203, public successes, the unwritten story of his in- and ‘‘aye’’ on rollcall vote 204. Mr. BARLETTA. Mr. Speaker, I rise to honor fluence is his undoubted impact on young Kevin O’Donnell who is receiving the 2014 people’s lives. He inspired young people to f Greater Hazleton Friends of Scouting Distin- meet high standards, to function as part of a IN RECOGNITION OF THE AMER- guished Citizen of the Year award. team, and to achieve set goals. In the proc- ICAN SOCIETY OF CLINICAL ON- Mr. O’Donnell is the president of CAN DO, ess, he gave them important tools with which COLOGY Inc. which is a private, non-profit industrial/ they could improve their lives and the lives of economic development corporation serving the others. Greater Hazleton area in Northeastern Penn- HON. PATRICK MEEHAN Throughout his career, Coach Pennington OF PENNSYLVANIA sylvania. He began his career with CAN DO in has demonstrated outstanding leadership on IN THE HOUSE OF REPRESENTATIVES 1973 as assistant director, and in 1984, was and off the court. It is my distinct honor to rec- named director, a title that was changed to ognize Coach Pennington for his dedication to Thursday, May 8, 2014 president in 1995 and one that he continues to the students and athletes of Central Florida. Mr. MEEHAN. Mr. Speaker, I rise today to hold today. f recognize the American Society of Clinical On- The Greater Hazleton Friends of Scouting cology on 50 inspiring years of innovative can- Distinguished Citizen award recognizes indi- RECOGNIZING 50TH ANNIVERSARY cer research and treatment. viduals who set a positive example for others OF THE TOWN OF PESHTIGO Many Americans have a close connection to and demonstrate selfless concern and care for FIRE DEPARTMENT this terrible disease, whether they have sur- their communities. For the past 40 years, vived it themselves or cared for a loved one through his work with CAN DO and other ef- HON. REID J. RIBBLE who suffered through cancer. It galvanizes all forts, Mr. O’Donnell has attracted regional, na- OF WISCONSIN of us to push for new early detection methods tional, and global companies to do business in IN THE HOUSE OF REPRESENTATIVES as well as new treatments. Northeastern Pennsylvania, which in turn has In 1964, the seven founding physicians who created thousands of jobs and produced hun- Thursday, May 8, 2014 created the American Society of Clinical On- dreds of millions of dollars for the local econ- Mr. RIBBLE. Mr. Speaker, I rise today to cology came together with a vision for a pro- omy. recognize the 50th anniversary of the Town of fessional society that would educate other In addition to his most recent award, Mr. Peshtigo Fire Department. The Town of physicians on treatment methods. At that time, O’Donnell has been recognized countless Peshtigo, with the assistance of its neighbors cancer was largely untreatable and only a times for his selfless contributions to the com- in the City of Marinette, passed a resolution to handful of hard-to-tolerate therapies were munity. In 1984, he was the first individual purchase the necessary fire equipment to get available. ever named, ‘‘Developer of the Year’’ by the started in 1963. The first meeting of the Town Fifty years later the American Society of Pennsylvania Economic Development Asso- of Peshtigo volunteer firefighting company oc- Clinical Oncology has almost 35,000 members

VerDate Mar 15 2010 07:07 May 09, 2014 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A08MY8.013 E08MYPT1 rfrederick on DSK7TPTVN1PROD with REMARKS May 8, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E713 worldwide. The number of drugs available to I want to congratulate the U.S. Coast Guard CONGRATULATING ADAMS COUNTY treat different types of cancer has steadily in- on their ongoing efforts to educate our com- HEALTH AND WELLNESS COALI- creased over the years thanks to some of munity about recreational water safety and join TION these physicians. Today more than two-thirds them in supporting the campaign efforts of Na- of patients with cancer are alive five years tional Safe Boating Week. HON. BRAD R. WENSTRUP after their diagnosis. This is a true testament f OF OHIO to the groundbreaking research and diligent IN THE HOUSE OF REPRESENTATIVES work of so many in this field. IN RECOGNITION OF DAVID J. Mr. Speaker, I commend the American Soci- WENZEL, RECIPIENT OF THE 2014 Thursday, May 8, 2014 ety of Clinical Oncology for their leadership in AMOS LODGE AMERICANISM Mr. WENSTRUP. Mr. Speaker, congratula- the fight against cancer. It is my sincere hope AWARD tions to Adams County for being awarded the that this and other research avenues will lead Healthy Ohio Healthy Community GOLD to new discoveries to better detect cancer and HON. MATT CARTWRIGHT award from the Ohio Department of Health! save lives. OF PENNSYLVANIA As a physician, I know the importance of f IN THE HOUSE OF REPRESENTATIVES preventative care and the impact of lifestyle Thursday, May 8, 2014 choices in creating healthy communities. The RECOGNIZING THE U.S. COAST leaders in Adams County are to be com- GUARD’S 9TH ANNUAL CHANNEL Mr. CARTWRIGHT. Mr. Speaker, today I mended for their efforts. ISLANDS HARBOR SAFE BOATING rise in recognition of David J. Wenzel, recipi- As we empower residents and families to EXPO ent of the 2014 Amos Lodge Americanism make healthier choices, we all thrive as a Award. This honor recognizes a lifetime of out- community. Promoting healthy options at HON. JULIA BROWNLEY standing community service best exemplifying home and in the workplace is a positive mis- OF CALIFORNIA the American spirit. A native of Scranton, he sion for everyone. IN THE HOUSE OF REPRESENTATIVES proudly served as Scranton’s 27th mayor from Specifically, the Adams Brown Creating 1986 to 1990, and has supported many public, Thursday, May 8, 2014 Healthy Communities Program and the Adams civic, and charitable causes both before and County Health & Wellness Coalition deserve Ms. BROWNLEY of California. Mr. Speaker, after his distinguished term. recognition. These programs, in collaboration today I rise in recognition of the U.S. Coast A trained Army officer, David Wenzel served with the Adams County Regional Medical Cen- Guard’s 9th Annual Channel Islands Harbor in Vietnam as a First Lieutenant, commanding ter Diabetes team, Adams County Court of Safe Boating Expo, which recognizes May 17 the mortar platoon of A Company of the Amer- Common Pleas, and local employers like Gen- through 23, 2014 as National Safe Boating ican Division. While leading his men in occu- eral Electric, have made effective progress in Week. The event also marks the start of the pying an area near the battalion fire base, he working towards a healthy and effective work- year-round effort to promote safe boating. stepped on a land mine and was almost killed. force and county. With an average of 700 people dying each The explosion took both his legs and caused I am excited to watch Adams County’s con- year in a boating-related accident, approxi- other serious injuries, but Wenzel survived. tinued success and thank their leaders for mately 71% of these fatalities are caused by Upon his return home, he underwent four working to improve the well-being of all their drowning. The vast majority of these accidents major operations and an intense rehabilitation, residents. are caused by human error and/or poor judg- but walked out of the Valley Forge Army Hos- f ment, not by faulty equipment or environ- pital on two prosthetic legs. He received a mental factors. It is known that a significant Bronze Star, the Purple Heart, the South Viet- RECOGNIZING NATIONAL MPS number of boaters who lose their lives by nam Medal, and the Combat Infantryman’s AWARENESS DAY drowning each year would be alive today had Badge in recognition of his outstanding service they worn their life jackets. It is crucial that the and sacrifice for his country. HON. KENNY MARCHANT public stay educated about boating safety and As Mayor of Scranton, Wenzel oversaw an OF TEXAS the ways in which they can protect themselves active administration that accomplished a IN THE HOUSE OF REPRESENTATIVES and others. great deal during a period of renaissance and At the Channel Island Harbor Safe Boating progress for the city. During his term, Scran- Thursday, May 8, 2014 Expo, attendees will be able to watch offshore ton began to implement plans for the Mall at Mr. MARCHANT. Mr. Speaker, I would like helicopter and fire rescue demonstrations, as Steamtown and established flood control to recognize the National MPS Society for well as flare inspection and disposal services, projects to aid in the recovery from Hurricane their 40 years of supporting families while vessel safety exams and other hands-on ex- Gloria. He emphasized full cooperation with searching for cures for this genetic disease. hibits. The event will also be attended by the the city’s growing neighborhood associations Mucopolysaccharidosis or MPS is a group of American Red Cross, the Coast Guard Auxil- and made the city a leader in access for the genetically determined lysosomal storage dis- iary, Channel Islands Harbor Patrol, Oxnard disabled. Under his leadership, Scranton eases that render the human body incapable Police/Fire Dive Team, the Channel Islands earned the moniker ‘‘Tree City’’ for the city’s of producing certain enzymes needed to break National Park, Ventura County Sheriff Rescue, commitment to plant thousands of trees in an down complex carbohydrates. The damage Ventura County Fire Department, National urban environment. Throughout his term, caused by MPS on a cellular level adversely Oceanic and Atmospheric Administration David embodied honesty, integrity, and co- affects the body and damages the heart, res- (NOAA) Weather Service, Channel Islands operation in working with the city council to piratory system, bones, internal organs, and National Marine Sanctuary and Ventura Sail serve the people of Scranton. central nervous system. MPS often results in and Power Squadron. These attendees rep- After his term as Mayor, David Wenzel con- intellectual disabilities, short stature, corneal resent the collaborative efforts and partner- tinued serving his community at the Schemel damage, joint stiffness, loss of mobility, ships that we have in Ventura County. Forum at the University of Scranton, where he speech and hearing impairment, heart dis- This important and engaging community still teaches today, and as an advisor to many ease, hyperactivity, chronic respiratory prob- event is hosted by the United States Coast veterans associations. He has served on the lems, and, most importantly, a drastically Guard Station Channel Islands Harbor, a Boards of the United Way, Allied Services, shortened life span. Symptoms of MPS are multi-mission unit that conducts Search and Mayor’s Prayer Service, Scranton/Pocono Girl usually not apparent at birth and without treat- Rescue, Homeland Security, Maritime Law En- Scout Council, Deutsch Institute, American Le- ment; the life expectancy of an individual af- forcement, Counter Drug & Alien Migrant Inter- gion, and the University of Scranton’s Board of fected begins to decrease at a very early diction Operations, Marine Environmental Pro- Regents. Wenzel was also named the Dis- stage in their life. Research towards com- tection and Boating Safety from Point Dume, abled Veteran of the Year in Pennsylvania and bating MPS has resulted in the development CA, to Point Conception, CA, and out 50 nau- the National Disabled Veteran of the Year. of limited treatments for some of the MPS dis- tical miles. Their area of responsibility also in- I am proud to congratulate David Wenzel on eases. cludes the gorgeous Channel Islands in Ven- this award recognizing his voluminous service I ask my colleagues and their staff to join tura and Santa Barbara Counties. The station to his country and the city of Scranton. His me in recognizing May 15, 2014 as National is also homeport to the 87-foot Patrol boat record of serving others embodies the ideals MPS Awareness Day. This is an important USCGC Blacktip and ESD Detachment of our country, and he is a role model for all time during which the MPS disease commu- Oxnard. Americans to emulate. nity will help increase the awareness of this

VerDate Mar 15 2010 07:07 May 09, 2014 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K08MY8.009 E08MYPT1 rfrederick on DSK7TPTVN1PROD with REMARKS E714 CONGRESSIONAL RECORD — Extensions of Remarks May 8, 2014 devastating disease, as well as supporting re- the people of Watauga County, North Caro- Chief of the Houston department for the past search to improve treatments, find cures and lina. thirty one years. During his tenure, Don has receive early diagnosis. The MPS families are Over the years, Hound Ears Club members an exceptional list of accomplishments. Don encouraged to reflect and support each other have raised hundreds of thousands of dollars oversaw the construction of a new fire station, and to reach out to those families who have to benefit many Watauga County charities. created the Junior Fire Fighter Program to at- lost loved ones to MPS. By wearing their pur- Members and residents have served, and con- tract younger recruits, improved the depart- ple ribbons and sharing these ribbons within tinue to serve, on the boards and among the ment’s insurance rating, and significantly im- their community, they are increasing public ranks of these charities. proved fire fighter pay. awareness about this disease. This date is Over the past fifty years, the Hound Ears Don also sat on numerous committees and also the start of the National MPS Run/Walk Club has made valuable contributions to the served his community in various ways. He season along with other local community ac- economic needs of the citizens of Watauga was the County Civil Defense Director, served tivities to raise awareness along with money County through capital investment projects, on the Houston Planning and Zoning Commis- for research and for family assistance pro- local business patronage, college scholar- sion, and supervised the Texas County Res- grams. I commend the National MPS Society ships, real estate development and perhaps cue. In 2007, Don received the U.S. Presi- and their many volunteers for an unwavering most importantly, by providing jobs in the com- dential Service Award that recognizes vol- commitment to bring about awareness of this munity. Hound Ears members and the Rob- unteerism in the fire service. disease and to continue to advocate for fed- bins Family have contributed tremendously to Don has been married to his wife Janet eral legislation to streamline the regulatory the success of Watauga County’s tourism in- since 1975 and is the father of two sons, processes and to speed effective treatments dustry. Darren and David. Both followed in their fa- and cures for their loved ones. More must be I commend the Hound Ears Club for its fifty ther’s footsteps and have served as fire- done to find cures and effective treatments, years of serving Watauga County, and wish fighters. It is my privilege to recognize Don’s but let us reflect on the importance of this day. the members all the best as they embark on achievements before the House of Represent- I ask that all of my colleagues join me in com- fifty more. atives and I wish him a long and fulfilling re- memorating National MPS Awareness Day. tirement. f f f UNION INSTITUTE & UNIVERSITY’S RECOGNIZING THE 90TH ANNIVER- 50TH ANNIVERSARY AMERICA LOSES WAR HERO WITH SARY OF THE POINT PLEASANT PASSING OF EARL BROWN FLATT FIRE CO. #1 HON. STEVE CHABOT OF OHIO HON. CHARLES W. BOUSTANY, JR. OF LOUISIANA HON. MICHAEL G. FITZPATRICK IN THE HOUSE OF REPRESENTATIVES OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES Thursday, May 8, 2014 IN THE HOUSE OF REPRESENTATIVES Thursday, May 8, 2014 Mr. CHABOT. Mr. Speaker, the year 2014 Mr. BOUSTANY. Mr. Speaker, I rise today Thursday, May 8, 2014 marks the 50th anniversary of Union Institute with a heavy heart to commemorate the pass- Mr. FITZPATRICK. Mr. Speaker, on the & University, a private, non-profit, accredited ing of a great man in our community who 90th anniversary of the Point Pleasant Fire university, designed exclusively for adults served his country as a United States Marine Co. #1, we recognize the spirit and unflinching seeking academic programs that transform and later as a community leader in South Lou- courage of dedicated volunteers who run to lives and communities. isiana. the rescue—ready to protect their neighbors Headquartered in Cincinnati, Ohio, with cen- Earl Brown Flatt joined the Marine Corps in and the community—since 1924. The Point ters in California, Florida, and Vermont, 1941 at the ripe old age of 17. Earl knew from Pleasant Fire Co. now has grown into a much Union’s vision is to engage, enlighten, and Day One he wanted to serve his country and larger fire organization with many more well- empower motivated adults in their pursuit of a make a lasting impact for future generations. trained volunteers who comprise the com- lifetime of learning and service. This forward- He accomplished that goal. Participating in the plement of firefighters and dive and technical facing institution now serves 2,000 students Iwo Jima campaign during World War II, Earl rescue teams. Also, on his day, we may re- around the nation and offers undergraduate, was a proud member of the Marine Corps ex- flect on the generations of firefighters and master’s, and doctoral degrees and certifi- emplifying its core values of honor, courage, company officers who answered the call. They cates. Union Institute & University pioneered and commitment. are an integral part of the great history of the many of the concepts now common in higher After his distinguished career in the Marine Point Pleasant Fire Co. and their service will education, including distance and online edu- Corps, Earl took a leading role in the organi- be remembered as an example of the true cation, individualized self-paced programs, zation of State Farm Agencies in the State of spirit of first responders everywhere. Today’s and an abiding commitment to adults seeking Louisiana. He was a State Farm Insurance firefighters continue to set an example of pub- transformative education. Manager for 44 years and retired in 1994. Earl lic service and volunteerism for others to fol- Today, the university’s 15,500 alumni—in- made sure to give back to his community and low and the community is grateful to those cluding the Most Honorable Prime Minister of worked tirelessly to improve it. He helped es- who contribute to this effort. Jamaica, Portia Simpson Miller, and our es- tablish the Crime Stoppers of Lafayette and f teemed colleague, the Honorable Congress- was very active in the Republican Party of man from Illinois, Dr. Danny Davis—are trans- Louisiana. In addition, he was a charter mem- HONORING THE 50TH ANNIVER- forming lives and communities, and making a ber of the Oakbourne Country Club. But Earl SARY OF THE HOUND EARS difference wherever they live and work. CLUB never wandered very far from the armed serv- f ices as he served as the President of the Honor Air and arranged 22 flights to Wash- HONORING DON RUST HON. VIRGINIA FOXX ington, D.C., to visit the memorials. He at- OF NORTH CAROLINA tended countless funerals throughout IN THE HOUSE OF REPRESENTATIVES HON. JASON T. SMITH Acadiana to honor the lives of fallen soldiers. OF MISSOURI His patriotism was only matched by his devo- Thursday, May 8, 2014 IN THE HOUSE OF REPRESENTATIVES tion to his family. Ms. FOXX. Mr. Speaker, I rise today to rec- Earl is survived by his wife of 62 years, Dar- Thursday, May 8, 2014 ognize the Hound Ears Club, a community- lene Storey Flatt of Broussard; two sons, Pat minded club nestled in the Blue Ridge Moun- Mr. SMITH of Missouri. Mr. Speaker, I rise Flatt of Broussard and Jon Flatt of Austin, tains near the towns of Blowing Rock, Boone today to honor Mr. Don Rust who on May 1, Texas; two brothers, Wayne Flatt of Dallas, and Banner Elk; and the Robbins Family, who 2014, retired as Fire Chief for the city of Hous- Texas, and Estle Flatt of Nashville, Ten- had the vision to found the club. Chartered in ton, Missouri. nessee; five grandchildren, Rachel, Wesley, 1964, the Club has provided fifty years of Don began his career in the fire department Alys, Leigh Anne, and Olivia; and one great- community service and economic benefits to in January of 1976 and has served as the grandson, Cooper.

VerDate Mar 15 2010 07:07 May 09, 2014 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A08MY8.016 E08MYPT1 rfrederick on DSK7TPTVN1PROD with REMARKS May 8, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E715 PAYING TRIBUTE TO COL. ROBERT fice, the national debt was point to the need for claimants to clarify, their PELLETIER $10,626,877,048,913.08. claims in accordance with international law Today, it is $17,484,285,711,524.06. We’ve and reach agreement of what types of activi- HON. LEE TERRY added $6,857,408,662,610.98 to our debt in 5 ties should be permissible within disputed OF NEBRASKA years. This is over $6.8 trillion in debt our na- areas such as these waters.’’ IN THE HOUSE OF REPRESENTATIVES tion, our economy, and our children could I call upon the State Department to issue a have avoided with a balanced budget amend- more clear, definitive, and concise statement Thursday, May 8, 2014 ment. than this. Once more, as Senator MCCAIN stat- Mr. TERRY. Mr. Speaker, I rise today to f ed, China’s claims have no basis in inter- honor Col. Robert (Bob) Pelletier, who will re- national law, and the U.S. State Department tire this year from the United States Army Re- CONDEMNING CHINA FOR VIO- should not shirk from saying so. I join with serve after 30 years of outstanding service. LATING VIETNAM’S SOV- Senator MCCAIN in calling upon China’s lead- Col. Pelletier’s career has spanned decades EREIGNTY IN THE SOUTH CHINA ers to take immediate steps to de-escalate and he has served in various places all over SEA tensions, and I call upon the U.S. to lead the the world including Kuwait, Iraq, Korea, Hon- way. For historical purposes, I have submitted duras, Germany, and Afghanistan. He served HON. ENI F. H. FALEOMAVAEGA this statement with supporting documentation in both Operation Desert Storm and the Oper- OF AMERICAN SAMOA so that there is no dispute about the facts or ation Iraqi Freedom. IN THE HOUSE OF REPRESENTATIVES about where I stand. In 1984 following graduation from The Cita- Thursday, May 8, 2014 [As of May 5, 2014] del in South Carolina, Col. Pelletier entered FACTSHEET ON OPERATIONS OF CHINA’S HD–981 helicopter flight school at Fort Rucker in Ala- Mr. FALEOMAVAEGA. Mr. Speaker, as OIL RIG IN VIETNAM’S WATERS bama. After completing flight school, Pelletier Ranking Member of the House Foreign Affairs’ On May 2, 2014, Vietnamese authorities an- served in the 4th Squadron, 2nd Armored Subcommittee on Asia and the Pacific, which nounce that at 5:22 am on May 1, 2014, the Cavalry Regiment until January of 1989, hold- has broad jurisdiction for U.S. policy affecting drilling rig HD–981 and 3 oil service vessels of ing various leadership assignments during his the region, including Vietnam and China, I rise China were spotted as going south from the tenure. today to strongly condemn China for violating northwest of Tri Ton island which belongs to In June of 1989, he began his tenure as Vietnam’s sovereignty in the South China Sea Vietnam’s Hoang Sa Archipelago (Paracels). commander of the Headquarters and Service At 4:00 pm May 2, 2014, the drilling rig RD– and to call upon the U.S. to issue a clear and 981 was set afloat at the location of 15°29′58″ Company in Kuwait and Iraq. While in the Mid- decisive statement of response. North latitude and 111°12′06″ East longitude dle East, Col. Pelletier also served as a Plans On May 2, 2014, China anchored HD981 rig of Tri Ton island with 27 protecting ships. and Operation Officer playing an important in Vietnamese waters and deployed dozens of This location is about 130 nautical miles off role in coordinating the United States’ efforts naval vessels to support its provocative ac- Vietnam’s coast and 119 nautical miles off in Operation Desert Storm. tions. On May 3 and May 5, China issued no- Vietnam’s Ly Son island. To date, the num- At the conclusion of his service in the Mid- tices banning all vessels from entering the ber of Chinese vessels has gone up to more dle East, Col. Pelletier continued his service area and stating that HD981 rig will conduct than 50. The location of the rig lies well overseas, first in Musan, Korea and later in within the oil block No. 143 of Vietnam, un- exploratory drilling. HD981 is anchored totally deniably within Vietnam’s exclusive eco- Honduras, before returning home to the United within the Exclusive Economic Zone (EEZ) nomic zone and continental shelf. States in 1995. Col. Pelletier landed in and continental shelf of Vietnam, about 120 2. In the last few days, Vietnam has con- Omaha, NE, after he joined the United States nautical miles from Ly Son island of Vietnam. tinuously communicated with China express- Army Reserves and was placed as the Main- I thank U.S. Senator JOHN MCCAIN for his ing its serious concerns. Vietnam has reiter- tenance Branch Chief of the 561st Corps Sup- leadership in unequivocally stating that Chi- ated and stressed that ‘‘the location that the port Group. na’s territorial claims to the waters have no Chinese drilling rig HD–981 and protecting vessels operate is undeniably within Viet- In 2003, Col. Pelletier traveled to Germany basis in international law. Simply put, China’s and Kuwait along with the 3rd COSCOM to nam’s exclusive economic zone and conti- provocative actions are an escalation of its in- nental shelf; the operations of this drilling offer support in Operation Iraqi Freedom be- tent to threaten peace and maritime security in rig and protecting vessels have seriously vio- coming the Director of Rail Operations and the East Sea. lated Vietnam’s sovereignty, sovereign Reconstruction until March of 2004. Since 2009, China has escalated its claims rights, and national jurisdiction as stipu- In January of 2009, Col. Pelletier became of the ‘‘nine-dash line’’, cut the ship cables of lated by the 1982 United Nations Convention the Department of Army’s Liaison to the Gov- the ‘‘Binh Minh II’’ and ‘‘Viking II (May and on the Law of the Sea (1982 UNCLOS), the ernor of Nebraska for Homeland Security and June 2011), established ‘‘Sansha City’’ (June 2002 Declaration of the Conduct of Parties in Defense, a position through which he has of- 2012), implemented ‘‘measures to enforce the South China Sea (DOC), other related agreements between the two countries’ lead- fered superb service to the state of Nebraska. ‘Fishery Law of the People’s Republic of Col. Pelletier has been decorated with many ers, and Vietnam-China basic principles on China’ (entering into force since January settlement of sea issues. Vietnam asks China awards for his outstanding service including 2014), enhanced oil explorations in disputed to immediately withdraw the drilling rig and the Bronze Star with Oak Leaf and a Meri- areas, attacked Vietnamese fishing vessels, protecting vessels out of Vietnam’s waters’’. torious Service Medal with Oak Leaf. He is launched patrol boats, and conducted military Viet Nam has sufficient historical evi- also the recipient of the Joint Service Com- exercises in the South China Sea to flex its dence, legal basis, and de facto administra- mendation Medal along with the Army power and deter other claimants. tion over Hoang Sa to assert its sovereign Achievement Medal. rights and national jurisdiction over its ex- All the while the U.S. response has been clusive economic zone and continental shelf Col. Pelletier and his wife, Terry are current negligible, although the House Foreign Affairs residents of Omaha, NE where he is a Re- in accordance with the 1982 United Nations Subcommittee on Asia and the Pacific has Convention on the Law of the Sea. Vietnam gional Operations Manager for the Union Pa- held hearings on the matter and several Mem- requests that China respect Vietnam’s exer- cific Railroad. bers, including myself, have introduced Reso- cise of sovereignty over Hoang Sa, sovereign Mr. Speaker, please join me in congratu- lutions to promote a peaceful and collaborative rights and jurisdiction over its exclusive eco- lating Col. Robert Pelletier for his outstanding resolution to any and all disputes in the South nomic zone; and concurrently proposes to 30 years of service to our country and the China Sea. China to settle the disputes over Hoang Sa and other disputes related to Vietnam’s sov- state of Nebraska. I am especially disappointed by the State f ereignty, sovereign rights and jurisdiction Department’s weak response to China’s recent through negotiations and other peaceful OUR UNCONSCIONABLE NATIONAL aggression. U.S. Department of State spokes- means in accordance with international law, DEBT woman Jen Psaki stated, ‘‘Vietnam has de- including the United Nations Charter and clared a 200-nautical-mile exclusive economic the United Nations Convention on the Law HON. MIKE COFFMAN zone based on its coast line in accordance of the Sea. with the law of the sea. Then we call on China Vietnam totally rejects and resolutely pro- OF COLORADO tests China’s arguments that the ‘‘operation because China has a different view on that. IN THE HOUSE OF REPRESENTATIVES of drilling rig HD–981 is an ordinary activity That’s why we continue to call on both sides Thursday, May 8, 2014 south of Zhongjian island (Tri Ton) of Xisha not to take provocative or unilateral actions (Hoang Sa) islands’’, and has nothing to do Mr. COFFMAN. Mr. Speaker, on January given this is occurring in disputed waters near with Vietnam’s continental shelf and exclu- 20, 2009, the day President Obama took of- those islands and these events, of course, sive economic zone; this is ‘‘an area of the

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territorial sea and contiguous zone of the HONORING PAUL MARKOWSKI leagues and other readers of the RECORD. Xisha islands (Vietnam’s Hoang Sa) and that This Nation would be a much better place if on-going operation is conducted on a usual we had more people like him. basis at a location administered by China HON. GRACE MENG without any dispute’’; and that China would OF NEW YORK f not accept Vietnam’s request of negotiation IN THE HOUSE OF REPRESENTATIVES over Hoang Sa. PERSONAL EXPLANATION Thursday, May 8, 2014 3. The fact that China disregards Viet- nam’s communication requesting the with- Ms. MENG. Mr. Speaker, I rise today in HON. ANNA G. ESHOO drawal of the drilling rig and oil service ves- honor of my constituent, Paul Markowski. Paul OF CALIFORNIA sels out of Block No. 143 is obviously an act is a Behavior Detection Officer with the Trans- IN THE HOUSE OF REPRESENTATIVES on purpose and an intentional and serious portation Security Administration based at violation of Vietnam’s sovereignty, sov- LaGuardia Airport in Queens, NY. While off- Thursday, May 8, 2014 ereign rights, and jurisdiction over Hoang duty, Paul assisted a man in distress, saving Sa, exclusive economic zone and continental Ms. ESHOO. Mr. Speaker, I was not shelf; serious violation of the accords his life. present during rollcall vote No. 203 on May 7, reached between two countries’ leaders, the On the afternoon of April 13, after finishing 2014. I would like the record to reflect I would spirit and content of the DOC, related prin- their shifts while walking to their cars, Paul have voted ‘‘yes’’. ciples the international law, including the and his colleague, Michael Dougherty, spotted 1982 UNCLOS. The Chinese activities have a man who was signaling for help. They quick- f tremendously affected the political trust be- ly approached and found the man struggling to tween the two countries, adversely impacted HONORING AMERICA’S PUBLIC breathe while waving a nonfunctioning inhaler. SERVANTS the bilateral negotiations over sea issues, As the man began to have a seizure, Paul and and damaged the sentiments and feelings of Michael caught him before he fell, and then the peoples of Vietnam and China. gently laid him on the ground. Other officers HON. DAVID E. PRICE 4. The Government of Vietnam respectfully noticed the situation and subsequently called OF NORTH CAROLINA asks all Governments in the world to voice IN THE HOUSE OF REPRESENTATIVES condemnation of those wrongful acts by for an ambulance. The man was successfully China; demand China to recall its drilling rig transported to a nearby hospital. Thursday, May 8, 2014 Paul’s actions were nothing short of heroic. HD–981 out of Vietnam’s waters and respect Mr. PRICE of North Carolina. Mr. Speaker, the rights and interests and coastal nations Speed, teamwork, and willingness to act all in accordance with the 1982 UNCLOS, fully played a role in helping save the man’s life. I I rise today to direct the House’s attention to and seriously observe the spirit of the Dec- was honored to speak with Paul on Friday Public Service Recognition Week, a time in laration of the Conduct of Parties in the afternoon to thank him for his exemplary serv- which we honor the more than 20 million men South China Sea (DOC), ensure the security ice. I ask that my colleagues in the House of and women who serve our nation as federal, and safety in the East Sea (Bien Dong); and Representatives join me and rise in recogni- state, county, and local government employ- call upon China to soon settle disputes with ees. Vietnam through peaceful negotiations, tion of the decisive actions displayed by Mr. Markowski. These people are our friends and neighbors, thereby contributing to peace and stability and they perform critical work every day that in the region. f is vital to our nation’s welfare. They keep us [As of May 7, 2014] TRIBUTE TO FELIX GAITER safe from terrorist threats and food-borne ill- FACT SHEET NO. 2 ON CHINA’S LATEST ILLEGAL ness, develop new treatments for diseases, ACTIVITIES IN VIETNAM’S EEZ HON. JOHN J. DUNCAN, JR. protect our environment, educate our children, provide care to veterans, deliver our mail, and 1. China’s provocative behavior: OF TENNESSEE the list goes on. Despite the popular notion of To date, the number of China’s supporting IN THE HOUSE OF REPRESENTATIVES the isolated ‘‘Washington bureaucrat’’, the ships moving toward the drilling platform Thursday, May 8, 2014 has increased to more than 80, including 7 overwhelming majority of government employ- military ships, 33 marine patrol boats and Mr. DUNCAN of Tennessee. Mr. Speaker, I ees serve in our own communities in all fifty surveillance ships, and many other vessels. wish today to pay tribute to a longtime friend states—including 85 percent of federal em- 2. China’s use of force: and one of the finest men I have ever known. ployees. Yet, we often overlook or simply take Videos and pictures show Chinese ships, Felix Gaiter recently passed away at the for granted America’s public servants. backed by helicopters, aggressively obstruct- age of 91. He was a well-known businessman Of course, the government’s ability to effec- ing Vietnamese ships. in my District and owner of the Gaiter Con- tively perform essential functions depends on The Chinese ships also sprayed water can- struction Company, which was the largest Afri- a well-trained and highly-engaged workforce. nons, damaging Vietnamese vessels and in- can American-owned construction company in According to the Government Accountability juring their crew members. East Tennessee. Office, nearly 30 percent of federal employees At around 8:10 a.m. on May 3, a Chinese I had the privilege to be the lawyer for the on board at the end of fiscal year 2011 will be ship struck the right side of a Vietnamese Gaiter Construction Company for just about eligible to retire by 2016, including one-third of Marine Police vessel at high speed, smashing the entire time I practiced law. Mr. Gaiter was the government’s top scientists, engineers, the windows of the Vietnamese vessel that one of the kindest, hardest working, and most physicians, mathematicians, economists, and was attempting to take evasive maneuvers. honest people with whom I have ever dealt. other highly specialized professionals. We A total of eight Vietnamese ships were Mr. Gaiter was also a veteran of World War must redouble our efforts to identify and re- rammed, hit, or sprayed with high pressure II, and he easily earned his place among the cruit the next generation of talented public hoses. ‘‘Greatest Generation’’ with his service and servants to ensure government can continue At one point, five Chinese ships surrounded honorable life. to tackle our nation’s toughest challenges. a single Vietnamese vessel. A member of Rogers Memorial Baptist At its best, government is an instrument of 3. China’s impingement on freedom of navi- Church in Knoxville, he always lived his life by our common purpose. It is a powerful tool to gation: the Golden Rule. defend the vulnerable, expand opportunity, The Maritime Safety Administration of Mr. Gaiter is survived by his loving and de- and help our country reach its full potential. In China (MSAC) announced on its website on voted wife of 66 years, Mrs. Margaret Gaiter, a representational democracy, government is Saturday that all vessels should keep one mile (1.6 km) away from the rig, called the who has always been very kind to me. Mrs. not an abstract idea but a living institution that Haiyang Shiyou 981. Gaiter treats everyone with love and respect. is powered by men and women dedicated to Despite Vietnam’s objections, MSAC on She is a very bright fixture in the Knoxville promoting and protecting the common good. Monday expanded the prohibited area around community and active in countless organiza- To all of those who have stepped up to the the rig to a three-mile (4.8 km) radius. tions. plate and devoted their lives to this noble call- On the ground, China uses force to drive My wife, Lynn, and I send our condolences ing, I thank you. away Vietnamese ships. to Mrs. Gaiter, her three children and many As we mark the passage of Public Service The location is right on vital international grandchildren and great-grandchildren. Recognition Week, I urge all my colleagues to sea lanes. Consequently, China’s acts are Mr. Speaker, Felix Gaiter was a wonderful join me in commemorating the hard work and threatening maritime security and safety in husband, father, and citizen. I call his life and sacrifice made by our nation’s federal, state, the region. accomplishments to the attention of my Col- and local government employees.

VerDate Mar 15 2010 07:07 May 09, 2014 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A08MY8.025 E08MYPT1 rfrederick on DSK7TPTVN1PROD with REMARKS May 8, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E717 MESSAGE OF PRIME MINISTER Nevertheless, using the events of 1915 as an This appropriation bill supports the functions ERDOG˘ AN ON THE EVENTS OF 1915 excuse for hostility against Turkey and of the United States House of Representatives turning this issue into a matter of political and those agencies that we rely on to best conflict is inadmissible. HON. STEVE CHABOT The incidents of the First World War are serve our constituents. Today’s bill maintains OF OHIO our shared pain. To evaluate this painful pe- level funding for Members’ offices and Com- IN THE HOUSE OF REPRESENTATIVES riod of history through a perspective of just mittee staff. While not ideal, it does not im- Thursday, May 8, 2014 memory is a humane and scholarly responsi- pose further reductions that would harm the bility. ability of Congressional offices to respond to Mr. CHABOT. Mr. Speaker, I rise today to Millions of people of all religions and the needs of our constituents and our district. draw the attention of my colleagues to a state- ethnicities lost their lives in the First World War. Having experienced events which had The bill also provides funding for the Library of ment made by Turkish Prime Minister Recep Congress, Capitol Police, Botanical Garden, Tayyip Erdog˘an in which he noted the impor- inhumane consequences—such as reloca- tion—during the First World War, should not Architect of the Capitol, and Government tance of April 24th to Armenian communities prevent Turks and Armenians from estab- Printing Office, which support for work of Con- around the world, and expressed his condo- lishing compassion and mutually humane at- gress and the American public. It is important lences to the descendants of those Armenians titudes among towards one another. that Congress ensure these agencies have the who died in the violence nearly a century ago. In today’s world, deriving enmity from his- resources and funding they need to best serve tory and creating new antagonisms are nei- The Prime Minister renewed Turkey’s offer to our constituents and offices. participate in a joint historical commission, ther acceptable nor useful for building a common future. On Mr. NUGENT’s amendment, I would have where Turkish, Armenian, and international The spirit of the age necessitates dialogue voted ‘‘no’’. scholars would come together to document despite differences, understanding by heed- On Mr. GOSAR’s amendment, I would have those terrible events. ing others, evaluating means for com- voted ‘‘no’’. In his weekly parliamentary address to his promise, denouncing hatred, and praising re- On Mr. BROUN’s amendment, I would have spect and tolerance. party’s legislators on April 23rd, Prime Minister voted ‘‘no’’. Erdog˘an stated Turkey’s willingness to ‘‘con- With this understanding, we, as the Turk- On Mr. HOLT’s amendment, I would have front’’ the historical events, and again called ish Republic, have called for the establish- ment of a joint historical commission in voted ‘‘yes’’. upon Armenia and the Armenian diaspora to order to study the events of 1915 in a schol- f join this effort. arly manner. This call remains valid. Schol- I believe a process in which both parties are arly research to be carried out by Turkish, THE KIDNAPPING OF GIRLS AND active participants will enable Turkey and Ar- Armenian and international historians YOUNG WOMEN FROM A SCHOOL menia to resolve many of the issues of conflict would play a significant role in shedding IN NIGERIA between them, and will allow them to move light on the events of 1915 and an accurate deeper into the 21st Century while building a understanding of history. constructive relationship, as neighbors should. It is with this understanding that we have HON. AL GREEN opened our archives to all researchers. I hope my colleagues will join me in encour- OF TEXAS Today, hundreds of thousands of documents IN THE HOUSE OF REPRESENTATIVES aging all parties to engage in the process. in our archives are at the service of histo- The statement issued by Prime Minister rians. Thursday, May 8, 2014 Erdog˘an follows: Looking to the future with confidence, Mr. AL GREEN of Texas. Mr. Speaker, I Turkey has always supported scholarly and THE MESSAGE OF THE PRIME MINISTER OF THE REPUB- stand in solidarity with the families of the ap- LIC OF TURKEY, RECEP TAYYIP ERDOG˘ AN ON THE comprehensive studies for an accurate under- EVENTS OF 1915. standing of history. The people of Anatolia, proximately 300 young women kidnapped by a The 24th of April carries a particular sig- who lived together for centuries regardless of radical Nigerian Islamist group. I lend my nificance for our Armenian citizens and for their different ethnic and religious origins, voice to the chorus of outrage and condemna- all Armenians around the world, and pro- have established common values in every tion directed at this extremist group, which has vides a valuable opportunity to share opin- field from art to diplomacy, from state ad- forcefully separated young women from their ions freely on a historical matter. ministration to commerce. Today they con- families and devastated an entire community. It is indisputable that the last years of the tinue to have the same ability to create a There is no place in our world community for new future. Ottoman Empire were a difficult period, full a group that displays such disregard for the of suffering for Turkish, Kurdish, Arab, Ar- In is our hope and belief that the peoples of menian and millions of other Ottoman citi- an ancient and unique geography, who share tenets of Islam, human dignity, and inter- zens, regardless of their religion or ethnic or- similar customs and manners will be able to national law. igin. talk to each other about the past with matu- All people and governments of good will Any conscientious, fair and humanistic ap- rity and to remember together their losses in should do all that is appropriate to assist Nige- proach to these issues requires an under- a decent manner. And it is with this hope rian authorities in the safe recovery of these standing of all the sufferings endured in this and belief that we wish that the Armenians young women. I am heartened that Secretary who lost their lives in the context of the period, without discriminating as to religion Kerry has announced that a U.S. security or ethnicity. early twentieth century rest in peace, and Certainly, neither constructing hierarchies we convey our condolences to their grand- team will be sent to Nigeria to assist in the ef- of pain nor comparing and contrasting suf- children. forts to bring these young women home to fering carries any meaning for those who ex- Regardless of their ethnic or religious ori- their families. perienced this pain themselves. gins, we pay tribute, with compassion and As a Member of Congress, I will continue to As a Turkish proverb goes, ‘‘fire burns the respect, to all Ottoman citizens who lost monitor this situation and speak out against place where it falls.’’ their lives in the same period and under such atrocious acts. The outcry against this It is a duty of humanity to acknowledge similar conditions. that Armenians remember the suffering ex- gross human rights violation must not fade be- f perienced in that period, just like every fore these young women are recovered and all other citizen of the Ottoman Empire. LEGISLATIVE BRANCH guilty parties are brought to justice. In Turkey, expressing different opinions APPROPRIATIONS ACT (H.R. 4487) f and thoughts freely on the events of 1915 is the requirement of a pluralistic perspective HONORING BOB HAMMERSCHMIDT as well as of a culture of democracy and mo- HON. BETTY McCOLLUM dernity. OF MINNESOTA Some may perceive this climate of freedom IN THE HOUSE OF REPRESENTATIVES HON. BILLY LONG OF MISSOURI in Turkey as an opportunity to express ac- Thursday, May 8, 2014 cusatory, offensive and even provocative as- IN THE HOUSE OF REPRESENTATIVES sertions and allegations. Ms. MCCOLLUM. Mr. Speaker, due to a Even so, if this will enable us to better un- prior commitment in my district, I had to miss Thursday, May 8, 2014 derstand historical issues with their legal as- votes on May 1, 2014. On April 9, 2014, I Mr. LONG. Mr. Speaker, I rise today to rec- pects and to transform resentment to friend- joined my colleagues on the House Appropria- ognize and congratulate Bob Hammerschmidt ship again, it is natural to approach different tions Committee in approving the Fiscal Year of Springfield, Missouri on receiving the 2014 discourses with empathy and tolerance and expect a similar attitude from all sides. 2015 Legislative Branch Appropriations Bill. Distinguished Citizen Award from the Ozarks The Republic of Turkey will continue to Had I been present for the vote before the Full Trails Council of the Boy Scouts of America. approach every idea with dignity in line with House, I would have voted for the Legislative The Distinguished Citizen Award was cre- the universal values of law. Branch Appropriations Act (H.R. 4487). ated by the Boy Scouts of America in order to

VerDate Mar 15 2010 07:07 May 09, 2014 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A08MY8.031 E08MYPT1 rfrederick on DSK7TPTVN1PROD with REMARKS E718 CONGRESSIONAL RECORD — Extensions of Remarks May 8, 2014 recognize noteworthy and extraordinary lead- With God’s blessings. nation, I want to wish her a speedy recovery ership of citizens in communities across the f and all the blessings God may grant unto her. United States. This award is only given out f every few years to honor business and com- TRIBUTE TO U.S. ARMY SERGEANT munity leaders who have made substantial im- LAUREN MONTOYA NATIONAL ASSOCIATION OF LET- pacts in their communities and its residents. TER CARRIERS STAMP OUT HUN- The Distinguished Citizen Award is a very HON. BILL FLORES GER FOOD DRIVE prestigious award, which Bob Hammerschmidt OF TEXAS undoubtedly deserves. IN THE HOUSE OF REPRESENTATIVES HON. EDDIE BERNICE JOHNSON Currently, Bob Hammerschmidt is the presi- Thursday, May 8, 2014 OF TEXAS IN THE HOUSE OF REPRESENTATIVES dent of the Springfield Region of Commerce Mr. FLORES. Mr. Speaker, I rise today to Bank. Commerce Bank is located in Spring- honor the service and sacrifice of U.S. Army Thursday, May 8, 2014 field, but its professional reputation precedes it Sergeant Lauren Montoya who was recently Ms. EDDIE BERNICE JOHNSON of Texas. throughout the state of Missouri. He is also wounded while serving her nation in Afghani- Mr. Speaker, I rise today in support of the Na- the former council president of the Ozark stan. tional Association of Letter Carriers Stamp Out Trails Council of the Boy Scouts of America. Sergeant Montoya, from Austin, Texas, at- Hunger Food Drive. On the second Saturday Bob’s community service includes an exten- tended Texas A&M University for two years of May for the last twenty-two years, letter car- sive and impressive list of organizations that prior to joining the Army in January of 2011. riers and volunteers across the country help to have benefited by his service to the commu- Texas A&M has a long history of students who collect food donations and deliver them to var- nities in which he has lived over the years. have answered the call to service, and Ser- ious food banks in their areas. This year, the Bob Hammerschmidt exemplifies the values geant Montoya has kept that tradition alive. food drive will be held on Saturday, May 10th. taught by scouting, including the scout oath After completing basic training at Fort Jack- In my district, donations are delivered to the and law. These qualities include service to the son, South Carolina, the Army sent Sergeant North Texas Food Bank and local pantries to community, good citizenship and strong lead- Montoya to Fort Huachuca, Arizona where she provide food to people in need. In Dallas ership. Bob Hammerschmidt’s track record was trained in the Military Intelligence field as County alone, 450,000 residents are food in- makes it easy to see why his peers unani- a Human Intelligence Collector. She was sub- secure, including 300,000 children. Of the 1.8 mously selected him as the recipient of the sequently stationed at Fort Drum, New York to million Texas children, one in four live in food Distinguished Citizen Award. serve with the combat-proven 10th Mountain insecure households. I am honored to recognize Bob Hammer- Division. It was there that she continued to Hunger in Texas remains a systemic prob- schmidt for his service and leadership to the lem. With the help of food drives like the one community. distinguish herself as an exemplary soldier. Ms. Montoya’s superiors quickly noticed her organized by the National Association of Letter f leadership ability and promoted her to Ser- Carriers, many families are able to put nutri- PERSONAL EXPLANATION geant in just two short years of service. tious meals on their tables. Last year, letter Due to her dedication, professionalism and carriers collected 74.6 million pounds of food HON. XAVIER BECERRA leadership ability, Sergeant Montoya was se- to deliver to local food pantries. I commend the National Association of Let- OF CALIFORNIA lected to participate in the Army’s Cultural ter Carriers for their efforts and for their com- IN THE HOUSE OF REPRESENTATIVES Support Team assisting a Special Forces unit conducting counter-terrorism operations in Af- mitment to help stamp out hunger nationwide. Thursday, May 8, 2014 ghanistan. Her unique abilities as a Human In- Their service is extremely valuable and we Mr. BECERRA. Mr. Speaker, I was unavoid- telligence Collector and devotion to selfless can all contribute to their efforts by donating to ably detained and missed rollcall votes 188 service led to her assignment as an advisor to the food drive. More than 1,200 branches na- through 193. If present, I would have voted a Special Forces unit deployed to carry out tionwide will be participating in this year’s food ‘‘yea’’ on rollcall votes 191, 192, and 193, and volatile missions in Afghanistan. drive activities. ‘‘nay’’ on rollcall votes 188, 189, and 190. In November 2013, Sergeant Montoya de- Our letter carriers not only provide a valu- f ployed with her Special Forces unit to Afghani- able service each day, but also strive to sup- stan where they spent five months conducting ply basic necessities to those in need during LTC DENIS DESCARREAUX their annual food drive. I urge my colleagues PROMOTION missions in support of Operation Enduring Freedom. During that deployment, Sergeant to support the National Association of Letter Montoya’s unit was attacked by an improvised Carriers Stamp Out Hunger Food Drive. HON. BRAD R. WENSTRUP explosive device while traveling from a mis- f OF OHIO sion in southern Afghanistan. Sergeant Mon- IN THE HOUSE OF REPRESENTATIVES HONORING THE LIFE AND SERVICE toya was injured in the attack but survived and OF ST. PAUL POLICE OFFICER Thursday, May 8, 2014 was transported to the Brooke Army Medical JOSH LYNAUGH Mr. WENSTRUP. Mr. Speaker, The United Center in San Antonio, Texas to recover. States Army, the U.S. Military medical commu- Sergeant Montoya’s commitment to duty and selfless service demonstrate her caliber HON. BETTY McCOLLUM nity, and a grateful nation, are united in their OF MINNESOTA as a soldier, Texan and American. During the support of LTC Denis Descarreaux attaining IN THE HOUSE OF REPRESENTATIVES the rank of Colonel. tenure of her brief military career, Sergeant Colonel Descarreaux exemplifies the values Montoya earned numerous awards and deco- Thursday, May 8, 2014 that are near and dear to the Army: Loyalty, rations including the Purple Heart, the Meri- Ms. MCCOLLUM. Mr. Speaker, I rise to Duty, Respect, Selfless Service, Honor, Integ- torious Unit Commendation, the Army Good honor the life and public service of all the rity, Personal Courage. Conduct Medal, the National Defense Service brave men and women in law enforcement Denis Descarreaux has always displayed an Medal, the Global War on Terrorism Service who have given their life in the line of duty. enduring work ethic and a commitment to Medal, the Noncommissioned Officer Profes- As we celebrate National Police Week 2014, serve others. His time in uniform is marked by sional Development Ribbon, the Army Service let us take time to recognize that law enforce- distinguished service on behalf of the Amer- Ribbon, the Marksmanship Qualification ment officers all across America risk their lives ican people. Badge—Marksman with Recoilless Rifle, and every day to protect our families and keep our Dr. Denis Descarreaux exemplifies one a meritorious count of five Army Achievement communities safe. Every peace officer serving seeking and obtaining the American Dream Medals. in Minnesota, or any community across this and presents as a model Soldier, citizen, hus- With the prayers and love from family and country, knows that wearing a uniform carries band, and father. Colonel Descarreaux has friends, Sergeant Montoya continues to re- a special responsibility and exceptional risk. I brought virtue to himself, his family, his uni- cover at Brooke Army Medical Center and salute their courage, commitment, and excep- form and his nation. We are assured that he looks forward to the next steps in her future. tional public service. will continue to be an invaluable asset to the Upon completion of her military service, she Today marks almost a year and half since United States Army. hopes to return to Texas A&M University and St. Paul Police Officer Josh Lynaugh suffered Congratulations on your lifetime accomplish- finish her degree. a fatal heart attack after an on-duty police ments and your promotion to Colonel in the Her service and sacrifice to this country chase in East St. Paul. This was a time of United States Army. cannot be measured. On behalf of a grateful great pain and loss for his family, constituents

VerDate Mar 15 2010 07:07 May 09, 2014 Jkt 039060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A08MY8.034 E08MYPT1 rfrederick on DSK7TPTVN1PROD with REMARKS May 8, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E719 in my district, as well as Minnesotans all not belong in the private sector. I happen to fication requirements, there has been an in- across our state. Today, the law enforcement agree with him and believe Congress should crease in the Government’s need for secure community continues to heal from this loss direct as much secure credential business to credentials. With the approval of the Joint Committee on Printing, GPO implemented a and it is my firm belief that they will ultimately GPO as possible. In my view, the production capability in FY 2008 to help address this do so because of their strength and resilience. of Federal credentials is as inherently a gov- need. While GPO is far from the only pro- We must never forget the heroic sacrifice of ernment function as the production of United vider of such requirements for Federal agen- our fallen peace officers. The valiant bravery States currency, which is produced solely by cies, the volume of work processed by our ca- of these men and women helps ensure the the Treasury Department’s Bureau of Engrav- pability has increased and is projected to in- safety of our families and communities. ing and Printing. crease in future years, as the report of the Police officers bear an enormous responsi- But however much the former Public Printer National Academy of Public Administration bility for keeping our cities and towns safe. and I may agree on this issue, the GPO recently concluded. Regarding the produc- Throughout my career in public service, I have today—under the leadership of Public Printer tion of secure credentials for state and local governments, GPO does not have the statu- advocated for ensuring that local police de- Davita Vance-Cooks—has taken a far more reasonable approach and simply makes the tory authority to produce work that is not partments have the funding resources they authorized by Federal law, nor are we GPO available to all Federal agencies who need to do their jobs successfully and com- equipped and staffed to handle secure creden- pensate their officers fairly. From my work as wish to use its services. GPO asserts no ‘‘mo- tials for all Federal agencies, much less for a state legislator to the work I do here in Con- nopoly’’ nor can it as a practical matter, as state and local governments. gress, supporting those who dedicate their Federal agencies are able to seek the serv- Question 8. It is my understanding that lives to protecting the public has been, and ices of either the public or private sector to aside from printing passports, GPO has also will remain, a top priority. meet their secure credential needs. With re- undertaken the manufacture of Border spect to the product at issue here, the GPO This National Police Week, I urge my col- Crossing Cards and trusted traveler cards. produces blank border-crossing cards for the Government agencies have been procuring leagues to join me in honoring the courage State Department’s visa office, and the cards from the private sector and issuing to their and sacrifice of all law enforcement officers are subsequently personalized by the State employees and contractors secure ID docu- and yield back the balance of my time. Department’s own contractor, MorphoTrust. ments for decades. When did GPO get into f Moreover, the State Department continues to the business of creating and providing secure employ MorphTrust to produce passport cards, credentials, other than passports? Can you LEGISLATIVE BRANCH please provide rationale as to why GPO be- APPROPRIATIONS ACT, 2015 another secure credential. As here, the State lieves that it should do this work for govern- Department and a number of other agencies ment agencies as opposed to the private sec- SPEECH OF contract directly with private companies for tor, which has invested heavily to develop many of their secure-credential needs. To say, these new technologies? HON. ROBERT A. BRADY therefore, that GPO has a ‘‘monopoly’’ on the Response. GPO provides a government-to- OF PENNSYLVANIA work is silly. government solution to fulfill the req- IN THE HOUSE OF REPRESENTATIVES On December 4, 2013, the House Adminis- uisitions of Federal agencies for secure cre- tration Committee, on which I serve as Rank- dentials. Our program is staffed by cleared Thursday, May 1, 2014 ing Minority Member, held an oversight hear- personnel and backed by a secure supply The House in Committee of the Whole ing on the recent report by the National Acad- chain. House on the state of the Union had under emy of Public Administration entitled ‘‘Re- The establishment of our secure credential consideration the bill (H.R. 4487) making ap- booting the Government Printing Office: Keep- capability was endorsed to GPO management propriations for the Legislative Branch for ing America Informed in the Digital Age.’’ Con- by GPO’s Inspector General in 2005. GPO’s the fiscal year ending September 30, 2015, and gress ordered the study. Among other things, proposal to set up a secure card center with for other purposes: the Academy found that unlike with passports, its Security and Intelligent Documents busi- ness unit subsequently was approved in FY Mr. BRADY of Pennsylvania. Madam Chair, ‘‘the GPO is not the sole provider of smart earlier during debate colleagues criticized the 2008 by the Joint Committee on Printing, cards [secure credentials]. Agencies may ob- which since then has also approved—on a bi- production of secure credentials by the Gov- tain smart cards from private sector vendors partisan basis—all funding for this program ernment Printing Office for Federal agencies. as well.’’ The Academy’s report endorsed in GPO’s annual spending plans. In 2010, we Some of the statements, particularly the claim GPO’s work in that field. became the only Federal agency certified by that this represents an ‘‘overreach’’ of the I urge my colleagues to read the Academy the General Services Administration to GPO’s statutory authority and that the GPO report, currently available on the Academy’s graphically personalize HSPD–12 credentials. has a ‘‘monopoly on this issue’’ are simply not web site. I also urge Members to review the In 2012 the Joint Committee on Printing ap- true, and I want to correct the RECORD. response provided by the GPO to questions proved the establishment of a COOP capa- At the request of then-Public Printer Robert submitted for the record of the December bility for our secure credential operations. Tapella, the Joint Committee on Printing, 2013 hearing concerning secure credentials, GPO serves as a card integrator, working which I had the honor to chair during the reprinted below. Clearly the GPO does not de- closely with private sector providers to ob- tain the products and services needed to ful- serve the criticisms lodged earlier and else- 110th Congress, authorized GPO to perform fill requisitions submitted by Federal agen- this function. Since that time, every JCP chair- where. The men and women of the GPO per- cies. For several years we have been accepted man has overseen the GPO’s production of form a valuable and necessary service in pro- member of the Secure Card Alliance, a con- secure credentials and approved the GPO’s viding secure credentials to support the mis- sortium of private sector companies and Fed- annual expenditures for this purpose. sions of Federal agencies involved in securing eral agencies including the National Insti- Far from an ‘‘overreach,’’ secure credential our borders and other law enforcement tasks. tute for Standards and Technology, the De- work is firmly within the GPO’s statutory au- EXCERPTED QUESTIONS FOR THE RECORD SUB- partment of Homeland Security, the Depart- thority. GPO has a long history of secure cre- MITTED TO THE PUBLIC PRINTER, DAVITA ment of State, the Department of Transpor- VANCE-COOKS, FOLLOWING THE HOUSE AD- tation, and the General Services Administra- dential work, such as with the manufacture of tion (http://www.smartcardalliance.org/). We U.S. passport blanks since 1926. By definition, MINISTRATION COMMITTEE HEARING HELD DECEMBER 4, 2013 work with the private sector for consulting, passports and all other forms of government fabrication, design, materials, and supplies, credentials involve ‘‘printing,’’ the production of Question 7. GPO produces the millions of passports and related documents provided to essentially incorporating the best that in- something in printed form. With secure cre- Americans every year by the U.S. Depart- dustry has to offer into solutions sought by dentials, intricate, multi-color modern printing ment of State. You also provided sizeable Federal agencies that requisition the work embedded with anti-counterfeiting features is quantities of other so-called ‘‘secure and in- from us. utterly indispensable to render a document im- telligent documents’’ to the Department of GPO’s secure credentials capability serves mediately recognizable by handlers as the Homeland Security. Do you foresee this por- as a valuable resource to a number of Fed- genuine article and thus inspire the confidence tion of your business expanding in the fu- eral agencies, including the Joint Congres- sional Committee on Inaugural Ceremonies necessary to establish identity, facilitate border ture? Could GPO also produce such docu- ments for state and local governments, as and the U.S. Capitol Police, which relied on crossings and other purposes. suggested in the NAPA study’s Rec- us to provide secure law enforcement creden- While serving as Public Printer, Mr. Tapella ommendation #9? tials for the 2009 and 2013 Presidential inau- once declared that the production of secure Response. In the wake of 9/11 and the intro- gurations. In addition to satisfactorily ful- credentials for the Federal Government does duction HSPD–12 and related Federal identi- filling Federal agency requisitions for secure

VerDate Mar 15 2010 07:07 May 09, 2014 Jkt 039060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A08MY8.039 E08MYPT1 rfrederick on DSK7TPTVN1PROD with REMARKS E720 CONGRESSIONAL RECORD — Extensions of Remarks May 8, 2014 credentials, our card production program (though as a practical matter, GPO is able that this is the case? Do you believe govern- was endorsed in the recent report of the Na- and equipped to produce only a limited ment-issued secure ID cards must be manu- tional Academy of Public Administration. amount of secure credential work). As long factured by and purchased from the GPO, GPO provides secure credential products and as Federal agencies submit a requisition that rather than the private sector? If so . . . do services on a reimbursable basis with no ap- complies with the relevant provisions of you believe the GPO has the technological propriated funds. Title 44 (certifying that the products re- and security capabilities to produce these Throughout the existence of GPO’s secure quested are authorized by law, necessary to types of items? If not . . . are GPO sales credentials program, we have been open and the public business, and backed by the nec- teams in error if and when they state that transparent about its operation. As noted essary funding), GPO will perform the work. federal agencies are required to purchase above, we are a well-known member of the Federal agencies who have contacted us to these items from the GPO by law? Smart Card Alliance. We are subject to the discuss our secure credential capabilities are Response. In hearings before the House oversight of the Joint Committee on Print- aware of this fact. Regarding the cost of ink Legislative Branch Appropriations Sub- ing and our House and Senate legislative and graphics component per security card, committee for FY 2010, former Public Print- oversight and appropriations committees. ink is a very small percentage of the mate- er Robert C. Tapella said, ‘‘I believe that Additionally, our program has been the sub- rial cost for any of our products (less than Federal credentials belong in a Federally- ject of oversight by our Office of Inspector 1%). The technological component of our owned, Federally-operated production envi- General (see for example http://www.gpo.gov/ card business (chip and antenna) is about 20– ronment and not in the private sector. And I pdfs/ig/audits/11-06_AuditReport(Issued_ 25%. think it is an inherently governmental activ- March_31_2011).pdf); the IG’s semiannual re- Question 10. As you know, only about 16 ity’’ (Hearings, Part II, April 28, 2009, p. 166). ports to Congress for several years routinely percent of the GPO is appropriated by Con- GPO management today does not endorse tracked oversight of the GPO’s secure cre- gress. The rest of GPO’s funding comes from this position nor would it be practical. As a dentials program as a ‘‘management chal- ‘‘operating profits.’’ Did Congress appro- member organization of the Smart Card Alli- lenge’’ (see for example http://www.gpo.gov/ priate the money for the Secure Credential ance, we acknowledge the role of the private pdfs/ig/semi-annual/11-30-09.pdf). We have Innovation Center—which is what I under- sector secure credentials industry in pro- kept the public informed through press re- stand to be a new multi-million dollar GPO viding products and services to Federal agen- leases (see for example http://www.gpo.gov/ facility? Or was that facility funded through pdfs/news-media/press/09news19.pdf, http:// cies, and we work closely with them in the operating profits from ID card and other integration of card components to meet the www.gpo.gov/pdfs/news-media/press/ sales? Will the facility affect overhead costs? 10news39.pdf, and http://www.gpo.gov/pdfs/ requirements of products requisitioned from Response. There appears to be a misunder- news-media/press/11news60.pdf), YouTube us. We do not compete against private sector standing about GPO’s Secure Credential In- videos (see for example http:// companies for secure credential work. GPO novation Center (SCIC). This is a small (529 www.youtube.com/watch?v=levIY1qIPy0, provides a limited capability that is avail- sq ft) work space on the 5th floor of GPO’s http://www.youtube.com/ able for the use of Federal agencies seeking building C that is staffed by one FTE and watch?v=ettaBOW4UEA, and http:// the provision of services in a govermnent-to- equipped with a single opening laminator, www.youtube.com/watch?v=mQxH1EZA71I), government setting, staffed by cleared per- laser cutter, CNC mill, plasma torch, UV GPO annual reports to Congress, and other sonnel, and backed by a secure supply chain. epoxy curing station, and related equipment media. As a postscript, GPO’s SID business unit has for the design and testing of security fea- Question 9. GPO’s mission statement, ar- one FTE (no sales teams) responsible for ad- ticulated recently in your agency’s strategic tures requisitioned by Federal agencies for dressing inquiries for SID products and serv- plan ‘‘is to produce, protect, preserve, and passports and other secure credentials. It is ices that come from Federal agencies. not a ‘‘multi-million dollar’’ facility. It was distribute the official publications and infor- Question 12. It is my understanding that funded through the revolving fund, not ap- mation products of the Federal Govern- GPO either will soon or has recently begun propriated funds. ment.’’ Do you consider the production of se- manufacturing the US Border Crossing Card. cure credentials as fundamentally related to We also opened a secure card COOP capa- The GPO ‘‘won’’ that business away from a or falling under GPO’s mission? Do you be- bility at our Stennis, MS, facility in 2013, private sector vendor. Please explain the lieve that the manufacture of secure creden- with the approval of the Joint Committee on process by which GPO ‘‘won’’ the contract tials falls within the definition of ‘‘printing’’ Printing. The capital investment proposed away from the private sector and the deci- under Section 501 of Title 44 U.S.C.? If so, has for this project was $2.2 million dollars, in- sion-making behind GPO taking over produc- the GPO communicated this interpretation cluding $1.5 million for a card printer and in- tion of the Border Crossing Card. to federal agencies in any of its discussions stallation, $450,000 for the required IT infra- structure, $175,000 for necessary space ren- Response. We do not compete against pri- with federal agencies? For ID cards and pass- vate sector companies for secure credential ports: what is the cost of the ink and graph- ovations and security upgrades, and an esti- work, and as a result we do not ‘‘win busi- ics component per security card? What is the mated $75,000 in support and travel costs. All ness away’’ from them. The Department of cost of the technological component per costs were funded through GPO’s revolving State submitted an SF–1 requisition to GPO card? fund, and the project came in on time and for the production of the border crossing Response. Our ‘‘produce, protect, preserve, under budget. card. The decision to come to GPO for the and distribute the official publications and As costs of GPO’s SID business unit, nei- production of this card was made by the De- information products of the Federal Govern- ther the Stennis facility nor the SCIC are in- partment, and the Department’s requisition ment’’ mission statement appears in our cluded in overhead costs for the GPO as a to us fulfilled all lawful requirements. GPO strategic plan and elsewhere to describe the whole. They are direct costs that are recov- cannot participate in Federal agency RFPs informing function that GPO carries out, a ered through the rates charged for SID prod- where the private sector is involved. We are function that is traceable to Article I in the ucts. required by law to respond to requisitions for Constitution. However, the public printing As noted earlier, none of the funds for printing services from Federal agencies. statutes of Title 44, U.S.C., make it clear GPO’s secure card capability are appro- that the performance of printing for the Gov- priated by Congress. Concerning GPO’s fi- Question 13. Are you aware of testimony ernment extends to a broad variety of prod- nances under section 309 of Title 44, U.S.C., before the House Government Reform and ucts and services, some of which do not nec- GPO does not generate ‘‘operating profits’’ Oversight Subcommittee on National Secu- essarily relate to an informing function. but is limited to recovering its costs. Part of rity that said that over 30,000 counterfeit US Over the years GPO has produced or pro- these costs includes the ability to generate Border Crossing Cards have been found at cured tax forms, census forms, Social Secu- funds for investment in necessary equipment our US borders? Now that GPO will be pro- rity cards, ration cards, letterheads, enve- and plant improvements. ducing Border Crossing Cards, could you lopes, passports, postal cards, and other Question 11. I’ve heard that GPO ‘‘sales please explain to the Committee how you printed products that are associated with the teams’’ have been telling the State Depart- will ensure that these cards have the anti- operations of the Government. These prod- ment, the Department of Homeland Secu- counterfeit technologies required to make ucts are produced by printing processes, in- rity, and other agencies that utilize ID card these cards truly secure? Do you feel that cluding the processes of composition, press- technologies for various programs—for ex- GPO has the technical expertise and capa- work, and binding, which are defmed in Title ample, to control access to our borders and bility to ensure that these cards are 44 as within GPO’s authority to perform. The to verify immigration status—that they are equipped with anti-counterfeit technologies? production of secure credentials for Federal required by law to obtain their secure ID Response. We are familiar with this testi- agencies also involves printing processes, documents from the GPO, because the GPO mony, which is posted online by the Sub- and so GPO is authorized to produce them is the government’s printer. Do you believe committee. (In reviewing the

VerDate Mar 15 2010 07:07 May 09, 2014 Jkt 039060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A08MY8.041 E08MYPT1 rfrederick on DSK7TPTVN1PROD with REMARKS May 8, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E721 testimony provided at the hearing, we noted IN SUPPORT OF THE VETERANS Board of Education decision, which occurred that the number of Border Crossing Cards HEALTH ADMINISTRATION (VHA) on May 17th, 1954, and paved the way for in- identified as fraudulent rather than counter- NATION-WIDE ACCESS REVIEW tegration of American schools during the Civil feit by Chairman Chaffetz was 13,000, and Rights Movement. that this number was identified in FY 2009, HON. CORRINE BROWN This unanimous decision by the U.S. Su- at http://oversighthouse.gov/hearing/border- OF FLORIDA preme Court established that state laws allow- security-oversight-part-iii-border- IN THE HOUSE OF REPRESENTATIVES ing for segregated public schools were uncon- crossingcards-b1b2–visas/, 2:04:15). GPO re- Thursday, May 8, 2014 ceived the requisition from the Department stitutional under the Fourteenth Amendment, of State to begin producing the Border Cross- Ms. BROWN of Florida. Mr. Speaker, as a energizing the movement to end Jim Crow ing Card in 2013. We also noted that in the senior member of the House Veterans’ Affairs laws dictating voting rights, public transpor- hearing the value of the Nexus card, which Committee, I rise today in support of Secretary tation, dining establishments, and almost used to cross the border with Canada, was de- of Veterans Affairs Eric Shinseki’s announce- every other aspect of American communities. scribed very positively. GPO produces the ment that the Veterans Health Administration One of the most important decisions in our na- (VHA) will complete a nation-wide access re- Nexus card for the Department of Homeland tion’s history, Brown was a deliberate rejection view. As stated, the purpose of this review is Security. of a system of racial inequality. to ensure a full understanding of VA’s policy Concerning GPO’s ability to produce cards and continued integrity in managing patient Virginia’s Fifth District is an integral part of with anti-counterfeit technologies, GPO has access to care. As part of the review during the history of the Brown decision as Davis v. significant expertise in the field of secure the next several weeks, a national face-to-face County School Board of Prince Edward School document design based on our work with audit will be conducted at all clinics for every was one of the five combined cases decided passports. We have designed Government VA Medical Center. by the Supreme Court in Brown. In 1951, 450 credentials with advanced security features. I am confident in the health care our vet- students at Moton High School, an African- We work closely with the Department of erans in Florida are receiving. With eight VA American school in Farmville, Virginia, staged Homeland Security’s fraudulent document Medical Centers in Florida, Georgia and Puer- a walkout to protest the inferior facilities and lab experts to validate credential designs to Rico and over 55 clinics serving over 1.6 and utilize both Government and commer- unsuitable conditions at the school. The pro- million veterans, veterans are getting the best test began as an effort to equalize educational cial laboratories to test and evaluate our in the world. credential performances. For the Border Over 2,312 physicians and 5,310 nurses are opportunities for all students in the county, but Crossing Card, GPO worked with forensic serving the 546,874 veterans who made near- quickly escalated to a battle for desegregation document examiners at the Department of ly 8 million visits to the facilities in our region. as the NAACP joined the Moton students’ Homeland Security and with Department of Of the total 25,133 VA employees, one-third cause along with the other cases decided in State personnel to develop a product de- are veterans. Brown. Thanks to this pivotal decision and the signed to withstand attempts at counter- In 2013, 37,221 women received health efforts of so many upstanding Virginians, the feiting. We have the expertise and capability care services at VA hospitals and clinics in students of Moton High School won a great to ensure that these cards are equipped with Florida, South Georgia and the Caribbean— victory against segregation to ensure equality anti-counterfeit technologies. more than any other VA healthcare network for young people across the country. While it Question 14. I have heard that one of the nationwide. This means that more than 75 did not end the struggle for desegregation, it ‘‘selling points’’ GPO uses with executive percent of women Veterans enrolled for VA certainly was a catalyst for change. branch agencies is that the GPO can manu- healthcare in VISN 8 were seen by providers The promise of equal opportunity is a core facture cards for them while also avoiding in 2013. facet of our Constitution. Today, we thank the competitive bidding requirements under I am especially pleased at the new Jackson- ville Replacement Outpatient Clinic that was those who courageously fought for equality, Federal Acquisition Regulations. Do you be- leading to the Brown decision that led to the lieve that the GPO is required to follow the recently opened. The two-story, 133,500 square foot clinic provides state of the art dismantling of racial segregation in our na- Federal Acquisition Regulations when it tion’s public schools and giving life to the buys microchips, antennae, software, lami- technology and increased specialty services including diagnostics, improved laboratory fa- promise of our Declaration of Independence nating materials, substantive expertise and that all men are created equal. training for its employees? Do all of those cilities, expansion of women’s services, minor ambulatory surgical procedures, expanded items need to be competitively bid to the f private sector? Or can GPO buy essentially mental health telehealth services and addi- tional audiology. whatever it wants from whoever it wants, be- When opened, the Orlando VA Medical IN RECOGNITION OF JOHN OSTRUM cause it is doing so with money from oper- Center will include 134 inpatient beds, an out- AND ALAN KLAPAT OF THE ating profits rather than congressionally ap- patient clinic, parking garages, chapel and WILKES-BARRE FIRE DEPART- propriated funds? Do you believe that fol- central energy plant. Currently, the 120-bed MENT lowing Federal Acquisition regulations community living center and 60-bed domi- would save the GPO money? ciliary are open and accepting veterans. Response. GPO’s Materials Management The VA provides quality timely healthcare to HON. MATT CARTWRIGHT Acquisition Regulation (MMAR) is based on our veterans. We have a duty to make sure OF PENNSYLVANIA the Federal Acquisition Regulation (FAR) that all those who have defended this country and is used as the authority for all procure- when called upon receive the care they have IN THE HOUSE OF REPRESENTATIVES ments we make. Under the MMAR, GPO earned through their service. I support the Thursday, May 8, 2014 competitively bids for the acquisition of Secretary in his nation-wide access review products and services used in GPO oper- and look forward to hearing his report when it Mr. CARTWRIGHT. Mr. Speaker, I rise ations, including those required for the pro- is finished. today to honor John Ostrum and Alan Klapat duction of secure credentials. GPO’s utiliza- f of the Wilkes-Barre Fire Department, who tion of sole source procurement authority BROWN V. BOARD OF EDUCATION were recently promoted from the rank of cap- follows the same provisions established in tain to assistant fire chief and deputy fire chief, the FAR for other Federal agencies. 60TH ANNIVERSARY respectively. Together, they have almost 60 As noted earlier, under the law GPO does HON. ROBERT HURT years of combined experience serving the city not generate ‘‘operating profits’’ but is lim- OF VIRGINIA of Wilkes-Barre. ited to recovering its costs. Part of these IN THE HOUSE OF REPRESENTATIVES costs includes the ability to generate funds John Ostrum, a second generation fire- Thursday, May 8, 2014 for investment in necessary equipment and fighter, is the most senior member of the fire plant improvements. Mr. HURT. Mr. Speaker, I rise to commemo- department. After joining the Wilkes-Barre Fire rate the 60th anniversary of the Brown v. Department as a firefighter in 1978, he has

VerDate Mar 15 2010 07:07 May 09, 2014 Jkt 039060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A08MY8.042 E08MYPT1 rfrederick on DSK7TPTVN1PROD with REMARKS E722 CONGRESSIONAL RECORD — Extensions of Remarks May 8, 2014 served for the past 26 years as fire captain. THE NORTH CAROLINA MUSEUM also important to recognize long-time Director Ostrum has completed many fire and emer- OF NATURAL SCIENCES: 2014 NA- Dr. Betsy Bennett, who retired just over a year gency response training programs, including TIONAL MEDAL FOR MUSEUM ago. Betsy took the museum from modest cir- water rescue, firefighter survival, and emer- AND LIBRARY SERVICE WINNER cumstances to the gleaming, high-tech, user- gency vehicle driver training. friendly facility we see today. The Nature Re- Alan Klapat has served the Wilkes-Barre fire HON. DAVID E. PRICE search Center, for example, which opened in department for 23 years. During his career, OF NORTH CAROLINA 2012, is a testament to her dogged determina- Klapat has served as lead fire investigator, fire IN THE HOUSE OF REPRESENTATIVES tion to see her shared vision come to fruition. Betsy’s skill working with the State Legislature, training officer, and fire inspector for the city’s Thursday, May 8, 2014 fire department. He also provides fire safety successive state administrators, and collabo- education programs to civic and social organi- Mr. PRICE of North Carolina. Mr. Speaker, rators in Washington is legendary. As former zations, elementary schools, educators, and I rise today to congratulate the North Carolina Governor Jim Hunt aptly noted, she is a ‘‘force child/adult caregivers. Before joining the Museum of Natural Sciences on receiving the of nature.’’ As her partner in the never-ending Wilkes-Barre Fire Department, Klapat was en- 2014 National Medal for Museum and Library quest for funds, I have particular reason to listed in the U.S. Marine Corps and attained Service. This prestigious award, offered annu- see this award as a culmination. the rank of Sergeant. ally by the Institute of Museum and Library Mr. Speaker, once again, I offer congratula- Services, is the nation’s highest honor given to tions to the North Carolina Museum of Natural I am proud to celebrate the achievements of museums and libraries for service to the com- Sciences—and each of the other National these two distinguished public servants. They munity. Medal winners—for achieving this distinction. deserve our gratitude for their decades of I have the good fortune to represent our And I thank each of this year’s medal recipi- dedication to public safety, and I wish them state’s Fourth Congressional District, which ents for their innovation and their dedication to the best of luck as they protect the city of has earned accolades as one of the nation’s serving their communities. Our nation is better Wilkes-Barre in their essential new roles. best places to live, work, do business and for your service. raise a family. The vibrancy of this district f f stems from a remarkable concentration of world-renowned educational and cultural insti- CONGRATULATING TERRY GIBSON IN RECOGNITION OF THE 120TH AN- tutions—North Carolina Museum of Natural NUAL CONVENTION OF THE NEW Sciences prominently among them. JERSEY STATE FEDERATION OF HON. JULIA BROWNLEY As one of the oldest natural history muse- WOMEN’S CLUBS OF THE GEN- OF CALIFORNIA ums in the United States—providing services ERAL FEDERATION OF WOMEN’S IN THE HOUSE OF REPRESENTATIVES to our state for the past 134 years—it has CLUBS Thursday, May 8, 2014 transformed how museums engage their com- munity and how members of the public under- Ms. BROWNLEY of California. Mr. Speaker, HON. FRANK PALLONE, JR. stand, learn and participate in science activi- today I rise in recognition of Terry Gibson, a ties. It strengthens North Carolina’s K–12 edu- vibrant resident of Ventura County, who will OF NEW JERSEY cation pipeline, increases the public’s science celebrate her 80th birthday on May 27, 2014. IN THE HOUSE OF REPRESENTATIVES literacy, and prepares tomorrow’s researchers Originally from the San Fernando Valley, with college- and workforce-ready skills. Terry has always been an active member of Thursday, May 8, 2014 The Museum of Natural Sciences has posi- her community. Her generosity and spirit of Mr. PALLONE. Mr. Speaker, I rise today to tioned itself as a highly-regarded venue for giving is resonated in her work, where her recognize the New Jersey State Federation of topflight special exhibits of all kinds. Right depth of sincerity and selflessness knows no Women’s Clubs of the General Federation of now, it features a Rainforest Adventure ex- limits. Women’s Clubs as its members gather for its hibit, and it has hosted special exhibits on While living in Glendale, California, Terry 120th Annual Convention. Birds of Paradise, Dinosaurs, Wildlife in North served as President of Temple Sinai, Presi- dent of the Sisterhood of Temple Sinai, Vice The New Jersey State Federation of Wom- Carolina photography, and Journey through President for new members of the Union of en’s Clubs (NJSFWC) was founded in 1894 as the Arctic in recent years. But it has also gone American Hebrew Congregations Southwest a member of the General Federation of Wom- off the beaten path to expand the breadth of Region and Executive Vice President of the en’s Clubs. With a membership of nearly the Natural Sciences with special exhibits on Western States Federation of Sisterhoods. In 8,000 women among 220 clubs, NJSFWC is the Titanic, Genghis Khan, the Brain, and my each of these leadership roles, Terry’s spirit of the largest women’s volunteer community two personal favorites: Chocolate and the volunteerism and commitment to her commu- service organization in New Jersey. It also Dead Sea Scrolls. nity never wavered even while she was a full- boasts the third largest state membership of Along with the museum’s permanent collec- time, single working mother. all of the clubs within the General Federation tions, these outstanding exhibits have helped When Terry moved to Ventura County, her of Women’s Clubs. make the Museum the most-visited museum and one of the top overall attractions in the penchant for being an active and contributing The 220 clubs of the NJSFWC are com- state. Consider these numbers: more than 1 community member continued. As a resident mitted to fulfilling the NJSFWC’s mission of million people come to visit this museum in of Oxnard, she helped in the founding of the making a difference in the community through Raleigh every year; more than 30,000 others Ventura Chapter of the National Women’s Po- projects and volunteerism. In 2012, the experience the museum’s off-site offerings, litical Caucus (NWPC) and served as its first NJSFWC clubs completed over 35,500 com- with its world-renowned scientists and staff president for two years. Under her direct lead- munity service projects and over 800,000 vol- visiting locations such as schools, libraries, ership, the Ventura County Chapter of the unteer hours. The NJSFWC partners with hospitals and senior and community centers; NWPC was able to increase women’s partici- other community-based organizations, such as and millions of additional people are able to pation in the political process. Today, with Ter- The Community Food Bank of New Jersey, take advantage of interactive educational pro- ry’s unwavering help, the organization con- Autism New Jersey and Domestic Violence grams offered online. The Museum also tinues to recruit, train and support diverse fe- Shelters of New Jersey, among others, to help makes unique efforts to reach lower-income male candidates who will bring a woman’s raise funds and organize projects. In addition communities and those with special needs. perspective to issues such as reproductive to their volunteerism, NJSFWC members also Our Museum is one of just ten recipients of health, the environment and social, edu- advocate for policy issues fundamental to the Institute of Museum and Library Services cational and economic justice. Her vision of community improvement. National Medal for Museum and Library Serv- gender parity in California politics is a mission Mr. Speaker, once again, please join me in ice—an award reserved for museums that are we are all united on. recognizing the 120th Anniversary of the New making exceptional contributions to their com- With her extensive experience, Terry has Jersey State Federation of Women’s Clubs of munity. The Museum of Natural Sciences has served as the treasurer for the Ventura County the General Federation of Women’s Club. The had a remarkable impact on the community— Women’s Forum Collaborative, where she is club’s commitment to providing opportunities not just in Raleigh, but across the state of part of an organization that is dedicated to for women to engage in community service North Carolina. empowering Ventura County women in areas and improve the lives of others is truly deserv- As we congratulate Director Emlyn Koster such as education, health, economic justice, ing of this body’s recognition. and the Museum’s other current leaders, it is power sharing, institutional mechanisms, and

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VerDate Mar 15 2010 07:07 May 09, 2014 Jkt 039060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\K08MY8.011 E08MYPT1 rfrederick on DSK7TPTVN1PROD with REMARKS Thursday, May 8, 2014 Daily Digest Senate energy savings in residential buildings and industry, Chamber Action be at 4:30 p.m., on Monday, May 12, 2014. Routine Proceedings, pages S2831–2888 Page S2888 Measures Introduced: Ten bills and two resolu- Message from the President: Senate received the tions were introduced, as follows: S. 2305–2314, and following message from the President of the United S. Res. 440–441. Page S2875 States: Measures Passed: Transmitting, pursuant to the Atomic Energy Act of 1954, the proposed Agreement for Cooperation Regarding Newspaper Advertising of Senate Between the Government of the United States of Stationery Contracts: Senate passed S. 2197, to re- America and the Government of the Socialist Repub- peal certain requirements regarding newspaper adver- lic of Vietnam Concerning Peaceful Uses of Nuclear tising of Senate stationery contracts. Page S2887 Energy; which was referred to the Committee on Authorizing the Use of Emancipation Hall: Sen- Foreign Relations. (PM–42) Pages S2866–74 ate agreed to H. Con. Res. 83, authorizing the use Rosenbaum Nomination—Cloture: Senate re- of Emancipation Hall in the Capitol Visitor Center sumed consideration of the nomination of Robin S. for an event to celebrate the birthday of King Kame- Rosenbaum, of Florida, to be United States Circuit hameha I. Pages S2887–88 Judge for the Eleventh Circuit. Pages S2845–46 Recognizing Contributions of Teachers: Senate During consideration of this nomination today, agreed to S. Res. 440, recognizing the contributions Senate also took the following action: of teachers to the civic, cultural, and economic well- By 57 yeas to 37 nays (Vote No. 140), Senate being of the United States. Page S2888 agreed to the motion to close further debate on the nomination. Page S2846 Measures Considered: Nominations Confirmed: Senate confirmed the fol- Hire More Heroes Act—Cloture: Senate began lowing nominations: consideration of the motion to proceed to consider- Pamela K. Hamamoto, of Hawaii, to be Rep- ation of H.R. 3474, to amend the Internal Revenue resentative of the United States of America to the Code of 1986 to allow employers to exempt employ- Office of the United Nations and Other Inter- ees with health coverage under TRICARE or the national Organizations in Geneva, with the rank of Veterans Administration from being taken into ac- Ambassador. Pages S2838–39, S2888 count for purposes of the employer mandate under By a unanimous vote of 94 yeas (Vote No. EX. the Patient Protection and Affordable Care Act. 137), Indira Talwani, of Massachusetts, to be United Pages S2831–36, S2847–59 States District Judge for the District of Massachu- A motion was entered to close further debate on setts. Pages S2837–38, S2844, S2888 the motion to proceed to consideration of the bill, During consideration of this nomination today, and, in accordance with the provisions of Rule XXII Senate also took the following action: of the Standing Rules of the Senate, a vote on clo- By 55 yeas to 41 nays (Vote No. 134), Senate ture will occur upon disposition of S. 2262, to pro- agreed to the motion to close further debate on the mote energy savings in residential buildings and in- nomination. Page S2837 dustry. Page S2850 By 70 yeas to 24 nays (Vote No. EX. 138), James Energy Savings and Industrial Competitiveness D. Peterson, of Wisconsin, to be United States Dis- Act—Agreement: A unanimous-consent agreement trict Judge for the Western District of Wisconsin. was reached providing that the filing deadline for all Pages S2838, S2844–45, S2888 second-degree amendments to S. 2262, to promote During consideration of this nomination today, Senate also took the following action: D482

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By 56 yeas to 40 nays (Vote No. 135), Senate Yellen, Chair, Board of Governors of the Federal Re- agreed to the motion to close further debate on the serve System. nomination. Page S2838 By a unanimous vote of 95 yeas (Vote No. EX. THE STATE OF TRAVEL AND TOURISM IN 139), Nancy J. Rosenstengel, of Illinois, to be THE U.S. United States District Judge for the Southern Dis- Committee on Commerce, Science, and Transportation: Sub- trict of Illinois. Pages S2838, S2845, S2888 committee on Tourism, Competitiveness, and Inno- During consideration of this nomination today, vation concluded a hearing to examine the state of Senate also took the following action: United States travel and tourism, focusing on indus- By 54 yeas to 42 nays (Vote No. 136), Senate try efforts to attract 100 million visitors annually, agreed to the motion to close further debate on the after receiving testimony from Mike McCartney, Ha- nomination. Page S2838 wai’i Tourism Authority President and CEO, Hono- Theodore Reed Mitchell, of California, to be lulu; Roger Dow, U.S. Travel Association, and Under Secretary of Education. Pages S2846, S2888 Christopher L. Thompson, Brand USA, both of Nominations Received: Senate received the fol- Washington, DC; and Brad Dean, Myrtle Beach lowing nominations: Area Chamber of Commerce, Myrtle Beach, South Pamela Harris, of Maryland, to be United States Carolina. Circuit Judge for the Fourth Circuit. NOMINATIONS Brenda K. Sannes, of New York, to be United Committee on Finance: Committee concluded a hearing States District Judge for the Northern District of to examine the nominations of Stefan M. Selig, of New York. New York, to be Under Secretary of Commerce for 3 Air Force nominations in the rank of general. International Trade, Darci L. Vetter, of Nebraska, to Page S2888 be Chief Agricultural Negotiator, Office of the Messages from the House: Page S2874 United States Trade Representative, with the rank of Measures Placed on the Calendar: Ambassador, who was introduced by Senator Pages S2832, S2874 Johanns, and Henry J. Aaron, of the District of Co- lumbia, Lanhee J. Chen, of California, and Alan L. Executive Communications: Pages S2874–75 Cohen, of Virginia, all to be a Member of the Social Executive Reports of Committees: Page S2875 Security Advisory Board, after the nominees testified Additional Cosponsors: Pages S2875–76 and answered questions in their own behalf. Statements on Introduced Bills/Resolutions: ASSESSING VENEZUELA’S POLITICAL Pages S2876–78 CRISIS Additional Statements: Pages S2861–66 Committee on Foreign Relations: Committee concluded Amendments Submitted: Pages S2878–86 a hearing to examine assessing Venezuela’s political crisis, focusing on human rights violations and be- Notices of Hearings/Meetings: Pages S2886–87 yond, after receiving testimony from Roberta S. Authorities for Committees to Meet: Page S2887 Jacobson, Assistant Secretary for Western Hemi- Privileges of the Floor: Page S2887 sphere Affairs, Tom Malinowski, Assistant Secretary for Democracy, Human Rights and Labor, and Pat- Record Votes: Seven record votes were taken today. rick Duddy, former Ambassador to the Bolivarian (Total—140) Pages S2837–38, S2844–46 Republic of Venezuela, Durham, North Carolina, all Adjournment: Senate convened at 9:30 a.m. and of the Department of State; and Moises Naim, Car- adjourned at 5:58 p.m., until 2:00 p.m. on Monday, negie Endowment for International Peace, and Jose May 12, 2014. (For Senate’s program, see the re- Miguel Vivanco, Human Rights Watch, both of marks of the Majority Leader in today’s Record on Washington, DC. page S2888.) INFORMATION TECHNOLOGY Committee Meetings ACQUISITIONS Committee on Homeland Security and Governmental Af- (Committees not listed did not meet) fairs: Committee concluded a hearing to examine identifying critical factors for success in information ECONOMIC AND FISCAL OUTLOOK technology acquisitions, including implementing the Committee on the Budget: Committee concluded a hear- best practices and reform initiatives to help improve ing to examine the United States economic and fiscal the management of investments, after receiving testi- outlook, after receiving testimony from Janet L. mony from Daniel M. Tangherlini, Administrator,

VerDate Mar 15 2010 01:32 Apr 01, 2015 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD14\MAY 2014\D08MY4.REC D08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D484 CONGRESSIONAL RECORD — DAILY DIGEST May 8, 2014 General Services Administration; Steven VanRoekel, NOMINATION Federal Chief Information Officer, Administrator for Committee on Health, Education, Labor, and Pensions: E–Government and Information Technology, and Committee concluded a hearing to examine the Karen S. Evans, former Administrator, Electronic nomination of Sylvia Mathews Burwell, of West Vir- Government and Information Technology, Martins- ginia, to be Secretary of Health and Human Services, burg, West Virginia, both of the Office of Manage- after the nominee, who was introduced by Senators ment and Budget; David A. Powner, Director, Infor- Manchin and McCain, testified and answered ques- mation Technology Management Issues, Government tions in her own behalf. Accountability Office; and Daniel J. Chenok, Indus- try Advisory Council, Vienna, Virginia. BUSINESS MEETING Committee on the Judiciary: Committee ordered favor- ARMY SPONSORSHIP AND MARKETING ably reported the nominations of Carlos Eduardo CONTRACTS Mendoza, and Paul G. Byron, both to be a United States District Judge for the Middle District of Flor- Committee on Homeland Security and Governmental Af- ida, and Darrin P. Gayles, and Beth Bloom, both to fairs: Subcommittee on Financial and Contracting be a United States District Judge for the Southern Oversight concluded a hearing to examine waste and District of Florida. abuse in Army sponsorship and marketing contracts, after receiving testimony from Major General Judd INTELLIGENCE H. Lyons, Acting Director, Army National Guard, Select Committee on Intelligence: Committee held closed and Kathy A. Salas, Principal Assistant Responsible hearings on intelligence matters, receiving testimony for Contracting, both of the National Guard Bureau, from officials of the intelligence community. Department of Defense. Committee recessed subject to the call. h House of Representatives Recess: The House recessed at 2:42 p.m. and recon- Chamber Action vened at 3:20 p.m. Page H3968 Public Bills and Resolutions Introduced: 17 pub- Suspension—Proceedings Resumed: The House lic bills, H.R. 4605–4621; and 2 resolutions, H. agreed to suspend the rules and pass the following Res. 577–578 were introduced. Pages H4015–16 measure which was debated yesterday, May 7th: Additional Cosponsors: Pages H4016–17 Electrify Africa Act of 2014: H.R. 2548, amend- Reports Filed: There were no reports filed today. ed, to establish a comprehensive United States gov- Speaker: Read a letter from the Speaker wherein he ernment policy to assist countries in sub-Saharan Af- appointed Representative Bentivolio to act as Speak- rica to develop an appropriate mix of power solu- er pro tempore for today. Page H3943 tions for more broadly distributed electricity access in order to support poverty alleviation and drive eco- Recess: The House recessed at 10:48 a.m. and re- nomic growth, by a 2⁄3 yea-and-nay vote of 297 yeas convened at 12 noon. Page H3948 to 117 nays, Roll No. 208. Pages H3970–71 Chaplain: The prayer was offered by the guest chap- Agreed to amend the title so as to read: ‘‘To es- lain, Lt. Cmdr. Stephen Coates, Chaplain, United tablish a comprehensive United States Government States Navy, Office of the Chaplain of the Marine policy to encourage the efforts of countries in sub- Corps, Greenville, Illinois. Pages H3948–49 Saharan Africa to develop an appropriate mix of Announcement from the Chair: The Chair an- power solutions, including renewable energy, for more broadly distributed electricity access in order nounced to the House that, pursuant to H. Res. to support poverty reduction, promote development 574, the Speaker has certified to the United States outcomes, and drive economic growth, and for other Attorney for the District of Columbia the refusal of purposes.’’. Page H3971 Lois G. Lerner to provide testimony before the Com- mittee on Oversight and Government Reform. Providing for the Establishment of the Select Page H3961 Committee on the Events Surrounding the 2012 Terrorist Attack in Benghazi: The House agreed

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VerDate Mar 15 2010 05:58 Mar 07, 2015 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORD14\MAY 2014\D08MY4.REC D08MY4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D486 CONGRESSIONAL RECORD — DAILY DIGEST May 8, 2014 ANNUAL TESTIMONY OF THE SECRETARY COMPULSORY VIDEO LICENSES OF TITLE OF THE TREASURY ON THE STATE OF THE 17 INTERNATIONAL FINANCIAL SYSTEM Committee on the Judiciary: Subcommittee on Courts, Committee on Financial Services: Full Committee held Intellectual Property and the Internet held a hearing a hearing entitled ‘‘The Annual Testimony of the entitled ‘‘Compulsory Video Licenses of Title 17’’. Secretary of the Treasury on the State of the Inter- Testimony was heard from public witnesses. national Financial System’’. Testimony was heard from Jacob J. Lew, Secretary, Department of Treas- MISCELLANEOUS MEASURES ury. Committee on Natural Resources: Full Committee held a markup on H.R. 3687, the ‘‘Military Land and ISSUANCE OF SUBPOENAS TO COMPEL THE National Defense Act’’; and H.R. 4458, the ‘‘Naval TESTIMONY OF CERTAIN EMPLOYEES OF Air Weapons Station China Lake Security Enhance- THE BUREAU OF CONSUMER SERVICES ment Act’’. H.R. 3687 was ordered reported without PROTECTION amendment; and H.R. 4458 was ordered reported, as Committee on Financial Services: Subcommittee on amended. Oversight and Investigations held a hearing on a res- MISCELLANEOUS MEASURE olution to authorize the issuance of subpoenas to compel the testimony of certain employees of the Committee on Veterans’ Affairs: Full Committee held a Bureau of Consumer Services Protection. The Sub- business meeting on the Update on Department of committee approved the resolution. Veterans’ Affairs in Phoenix. A motion to issue a Subpoena to the Honorable Eric K. Shinseki, in his RUSSIA’S DESTABILIZATION OF UKRAINE capacity as Secretary of the U.S. Department of Vet- Committee on Foreign Affairs: Full Committee held a erans Affairs, to produce certain written communica- hearing entitled ‘‘Russia’s Destabilization of tions to the Committee was agreed to. Ukraine’’. Testimony was heard from Victoria DEFINING AND IMPROVING SUCCESS FOR Nuland, Assistant Secretary, Bureau of European and STUDENT VETERANS Eurasian Affairs, Department of State; and Daniel Committee on Veterans’ Affairs: Subcommittee on Eco- Glaser, Assistant Secretary, Office of Terrorism and nomic Opportunity held a hearing entitled ‘‘Defin- Financial Services and General Government Intel- ing and Improving Success for Student Veterans’’. ligence, Department of Treasury. Testimony was heard from Curtis L. Coy, Deputy PALESTINIAN AUTHORITY, ISRAEL AND Under Secretary, Economic Opportunity, Depart- THE PEACE PROCESS ment of Veterans Affairs; and public witnesses. Committee on Foreign Affairs: Subcommittee on Mid- MISCELLANEOUS MEASURES dle East and North Africa held a hearing entitled House Permanent Select Committee on Intelligence: Full ‘‘The Palestinian Authority, Israel and the Peace Committee held a markup on H.R. 3361, the ‘‘USA Process: What’s Next?’’. Testimony was heard from Freedom Act’’; and member access request. The bill public witnesses. H.R. 3361 was ordered reported, as amended. The motion to grant request for access was agreed to. ELECTROMAGNETIC PULSE (EMP): THREAT TO CRITICAL INFRASTRUCTURE Joint Meetings Committee on Homeland Security: Subcommittee on Cy- No joint committee meetings were held. bersecurity, Infrastructure Protection, and Security Technologies held a hearing entitled ‘‘Electro- f magnetic Pulse (EMP): Threat to Critical Infrastruc- COMMITTEE MEETINGS FOR FRIDAY, MAY ture’’. Testimony was heard from public witnesses. 9, 2014 PROPOSED MERGER OF COMCAST AND (Committee meetings are open unless otherwise indicated) TIME WARNER CABLE Senate Committee on the Judiciary: Subcommittee on Regu- No meetings/hearings scheduled. latory Reform, Commercial and Antitrust Law held a hearing entitled Oversight Hearing on Competi- House tion in the Video and Broadband Markets: the Pro- Committee on Foreign Affairs, Full Committee, markup posed Merger of Comcast and Time Warner Cable. on H.R. 4587, to impose targeted sanctions on individ- Testimony was heard from public witnesses. uals responsible for carrying out or ordering human rights

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abuses against citizens of Venezuela, and for other pur- inces of the Federal Republic of Nigeria, 9:45 a.m., 2172 poses; H.R. 4573, to protect children from exploitation, Rayburn. especially sex trafficking in tourism, by providing ad- Committee on Oversight and Government Reform, Sub- vance notice of intended travel by registered child-sex of- committee on Government Operations, hearing entitled fenders outside the United States to the government of ‘‘Mixed Signals: the Administration’s Policy on Mari- the country of destination, requesting foreign govern- juana, Part Three’’, 9:30 a.m., 2154 Rayburn. ments to notify the United States when a known child- Committee on Science, Space, and Technology, Subcommittee sex offender is seeking to enter the United States, and for on Space, hearing entitled ‘‘Space Traffic Management: other purposes; and H. Res. 573, condemning the abduc- How to Prevent a Real Life ‘‘Gravity’’, 10 a.m., 2318 tion of female students by armed militants from the ter- Rayburn. rorist group known as Boko Haram in northeastern prov-

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2:00 p.m., Monday, May 12 9 a.m., Friday, May 9

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Friday: Complete consideration of H.R. morning business (not to extend beyond 5:30 p.m.), Sen- 10—Success and Opportunity through Quality Charter ate will vote on confirmation of the nominations of Robin Schools Act. S. Rosenbaum, of Florida, to be United States Circuit Judge for the Eleventh Circuit, and Steven Croley, of Michigan, to be General Counsel of the Department of Energy, and on the motion to invoke cloture on S. 2262, Energy Savings and Industrial Competitiveness Act.

Extensions of Remarks, as inserted in this issue

HOUSE Faleomavaega, Eni F.H., American Samoa, E715 Maloney, Carolyn B., N.Y., E709 Fitzpatrick, Michael G., Pa., E714 Marchant, Kenny, Tex., E713 Bachmann, Michele, Minn., E709, E710 Flores, Bill, Tex., E718 Meehan, Patrick, Pa., E712 Barletta, Lou, Pa., E709, E712 Foxx, Virginia, N.C., E714 Meng, Grace, N.Y., E716 Becerra, Xavier, Calif., E718 Frankel, Lois, Fla., E711 Pallone, Frank, Jr., N.J., E710, E722 Boustany, Charles W., Jr., La., E714 Gosar, Paul A., Ariz., E710 Brady, Robert A., Pa., E719 Green, Al, Tex., E717 Price, David E., N.C., E716, E722 Brown, Corrine, Fla., E721 Griffin, Tim, Ark., E712 Ribble, Reid J., Wisc., E712 Brownley, Julia, Calif., E713, E722 Guthrie, Brett, Ky., E709 Royce, Edward R., Calif., E711 Cartwright, Matt, Pa., E713, E721 Hanabusa, Colleen W., Hawaii, E711 Smith, Christopher H., N.J., E711 Chabot, Steve, Ohio, E714, E717 Hurt, Robert, Va., E721 Smith, Jason T., Mo., E714 Coffman, Mike, Colo., E715 Johnson, Eddie Bernice, Tex., E718 Terry, Lee, Nebr., E715 Duffy, Sean P., Wisc., E723 Long, Billy, Mo., E717 Webster, Daniel, Fla., E711, E712 Duncan, John J., Tenn., E716 McCarthy, Carolyn, N.Y., E709 Wenstrup, Brad R., Ohio, E710, E713, E718 Eshoo, Anna G., Calif., E716 McCollum, Betty, Minn., E717, E718

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