February 12, 2014 CONGRESSIONAL RECORD — SENATE S957 is amended by inserting after the item relat- out referral to the Afghan justice system, de- RAY, Mr. MERKLEY, Mr. CASEY, Mr. ing to chapter 36 the following: spite evidence showing these detainees have WHITEHOUSE, Mrs. GILLIBRAND, Mr. ‘‘CHAPTER 37—TAX ON PAYMENTS PURSUANT engaged in violent crimes against the Afghan SANDERS, Mr. BLUMENTHAL, Ms. people and under protest from United States TO CERTAIN GOVERNMENT CONTRACTS’’. HIRONO, Ms. BALDWIN, Mr. LEVIN, Mr. Forces, Afghanistan; (c) EFFECTIVE DATE.—The amendments Whereas detainees from this group of 65 are DURBIN, Mrs. BOXER, Mr. HEINRICH, and made by this section shall apply to contracts directly linked to attacks wounding or kill- Mr. FRANKEN) submitted the following entered into after the date of the enactment ing 32 United States or Coalition Forces and resolution; which was referred to the of this Act. attacks wounding or killing 23 Afghan Na- Committee on the Judiciary: TITLE VI—MISCELLANEOUS PROVISIONS tional Security Forces or Afghan civilians; S. RES. 356 SEC. 601. SEVERABILITY. Whereas the United States Government Whereas $2.13 per hour is the Federal min- If any provision of this Act or amendment has declassified and provided hundreds of imum wage that an employer is required to made by this Act, or the application of a pro- pages of evidence and investigative leads to pay a tipped employee (as defined in section vision or amendment to any person or cir- the ARB; 3(t) of the Fair Labor Standards Act of 1938 cumstance, is held to be unconstitutional, Whereas the Justice Center in Parwan has (29 U.S.C. 203(t))) as a cash wage under sec- the remainder of this Act and amendments successfully adjudicated more than 3,000 tion 3(m) of such Act (29 U.S.C. 203(m)) (re- made by this Act, and the application of the criminal cases of individuals who committed ferred to in this preamble as the ‘‘Federal provisions and amendment to any person or acts of terror against Coalition Forces, Af- minimum wage for tipped employees’’); circumstance, shall not be affected by the ghan National Security Forces, and the peo- Whereas when the Federal minimum wage holding. ple of Afghanistan; for a tipped employee was established in 1966, Whereas there is a legitimate force protec- such wage was linked to the Federal min- SEC. 602. EFFECTIVE DATE. tion concern for the lives of Coalition Forces Except as otherwise provided for in this imum wage for a covered nonexempt em- and Afghan National Security Forces if any ployee under section 6(a)(1) of the Fair Labor Act, this Act and the amendments made by disputed individual is released, since the pri- this Act shall take effect on January 1, 2017. Standards Act of 1938 (29 U.S.C. 206(a)(1)); mary weapon of choice is the improvised ex- Whereas while the Federal minimum wage f plosive device, which also poses a significant for a covered nonexempt employee increased threat to Afghan civilians; SUBMITTED RESOLUTIONS in 2009, the Federal minimum wage for a Whereas there is evidence that some de- tipped employee has not changed in more tainees already released by the ARB have re- than 20 years; joined the fight against Coalition Forces; Whereas in the 1980s, the Federal minimum SENATE RESOLUTION 355—CALL- Whereas, despite evidence to the contrary, wage for a tipped employee reached 60 per- ING ON THE GOVERNMENT OF President of Afghanistan Hamid Karzai stat- cent of the Federal minimum wage for a cov- THE ISLAMIC REPUBLIC OF AF- ed the prisoners set to be released are inno- ered nonexempt employee, and in 2014, the GHANISTAN TO CEASE THE cent and must be released; Federal minimum wage for a tipped em- EXTRA-JUDICIAL RELEASE OF Whereas releasing the dangerous detainees ployee is only 29 percent of the $7.25 per hour AFGHAN DETAINEES, CARRY deprives the people of Afghanistan of their Federal minimum wage for a covered non- day in court and undermines the rule of law OUT ITS COMMITMENTS PURSU- exempt employee; in the country; Whereas tipped employees work in many ANT TO THE MEMORANDUM OF Whereas the release of detainees under occupations, including working as res- UNDERSTANDING GOVERNING these conditions is not authorized, and the taurant servers, airport attendants, hotel THE TRANSFER OF AFGHAN DE- ARB is performing an extra-judicial func- workers, valets, and salon workers; TAINEES FROM THE UNITED tion, contrary to the rule of law in Afghani- Whereas $2.13 per hour is such a low wage STATES CUSTODY TO AFGHAN stan; and that tipped employees are dependent on the CONTROL AND TO UPHOLD THE Whereas this extrajudicial action harms discretional contributions of consumers for AFGHAN RULE OF LAW WITH RE- the prospective Bilateral Security Agree- the majority of their income; ment between the United States and Afghan- Whereas 7 States have 1 minimum wage for SPECT TO THE REFERRAL AND istan for post-2014 United States military both tipped employees and covered non- DISPOSITION OF DETAINEES presence in the country: Now, therefore, be exempt employees, and the restaurant indus- Mr. GRAHAM (for himself, Mr. DON- it try has continued to thrive in such States; Resolved, That the Senate— NELLY, Mr. CHAMBLISS, Mr. BLUNT, Ms. Whereas in States with a minimum wage (1) insists President of Afghanistan Hamid for a tipped employee that is higher than AYOTTE, Mr. MCCAIN, Mr. BLUMENTHAL, Karzai honor the terms included in the $2.13 per hour, the poverty rate for tipped Mr. INHOFE, and Mr. LEVIN) submitted Memorandum of Understanding, dated March employees is lower than the poverty rate for the following resolution; which was re- 25, 2013; tipped employees in States without such a ferred to the Committee on Foreign (2) insists that if the Afghan Review Board higher minimum wage for tipped employees; Relations: (ARB) will not follow the conditions set Whereas restaurant servers have a poverty S. RES. 355 forth in the Memorandum of Understanding, rate that is 3 times that of the general work- that the ARB shall be dismantled and the force and are nearly 2 times more likely to Whereas, on March 9, 2012, Afghan General National Directorate for Security (NDS) and depend on the supplemental nutrition assist- Abdul Rahim Wardak and United States Ma- Afghan prosecutors shall determine how to ance program established under the Food rine General John Allen signed a Memo- handle the remaining detainees; and Nutrition Act of 2008 (7 U.S.C. 2011 et randum of Understanding in which the (3) urges close and continuing communica- seq.) than the general workforce; United States reaffirmed its commitment to tion between the Minister of Defense and the Whereas States with a minimum wage for transfer Afghan nationals detained by the Commander of United States Forces, Afghan- a tipped employee of $2.13 per hour have a United States Armed Forces at the Deten- istan prior to the release of any detainee; poverty rate for employees of color that is tion Facility in Parwan (DFIP) to Afghani- (4) urges the Government of Afghanistan to nearly double that of States with the highest stan, provided that the Government of Af- cease the extra-judicial release of detainees minimum wage for a tipped employee; ghanistan establish an administrative deten- and instead refer the dangerous individuals Whereas women account for 66 percent of tion regime under its domestic law and com- and the remainder of the ARB cases for pros- all tipped employees and 71 percent of res- ply with its international obligations with ecution at the Justice Center in Parwan or taurant servers; respect to due process; for investigation by the NDS; and Whereas 1/3 of tipped employees are par- Whereas, on March 25, 2013, a Memorandum (5) calls on the Secretary of State to con- ents who work hard to support their fami- of Understanding between the United States sider the Government of Afghanistan’s ad- lies; and Afghanistan called for the creation of an herence to existing detainee memoranda of Whereas the Bureau of Labor Statistics Afghan Review Board (ARB) to convene understanding in implementing the certifi- projected that from 2008 to 2018, the food under Afghan law to determine the disposi- cation requirements for assistance for Af- preparation and serving sector, as defined by tion of all Afghan detainees; ghanistan under section 7044(3) of the De- the Bureau, would add more than 1,000,000 Whereas, in the event of a dispute over the partment of State, Foreign Operations, and jobs; disposition of detainees, the March 2013 Related Programs Appropriations Act, 2014 Whereas such food preparation and serving Memorandum of Understanding also com- (division K of Public Law 113–76). sector has the lowest median wages of the mits the Government of Afghanistan to ex- top 20 growth sectors; and change views and information between the f Whereas raising the Federal minimum Minister of Defense and the Commander of SENATE RESOLUTION 356—DESIG- wage for a tipped employee would provide United States Forces, Afghanistan before NATING FEBRUARY 13, 2014, AS hardworking people in the United States any detainee is released; ‘‘$2.13 DAY’’ with more just wages, lift families in the Whereas the Government of Afghanistan United States out of poverty, and provide has announced the imminent release of 65 Mr. BROWN (for himself, Mr. HARKIN, economic security to tipped employees in dangerous individuals from the DFIP with- Mr. MARKEY, Ms. WARREN, Mrs. MUR- the United States: Now, therefore, be it

VerDate Mar 15 2010 02:46 Feb 13, 2014 Jkt 039060 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\CR\FM\A12FE6.025 S12FEPT1 smartinez on DSK4VPTVN1PROD with SENATE S958 CONGRESSIONAL RECORD — SENATE February 12, 2014 Resolved, That— Bulatov, and evidence of police brutality SENATE RESOLUTION 358—COM- (1) the Senate designates Thursday, Feb- carried out against protesters and other ac- MENDING THE SEATTLE ruary 13, 2014, as ‘‘$2.13 Day’’; and tivists, and the Ukrainian nongovernmental SEAHAWKS FOR WINNING SUPER (2) it is the sense of the Senate that the organization EuroMaidan SOS claims that as cash wage that an employer is required to BOWL XLVIII AND THE 12TH MAN many as 27 people may be missing; FOR THEIR CRITICAL SUPPORT pay a tipped employee (as defined in section Whereas, on January 31, 2014, Human 3(t) of the Fair Labor Standards Act of 1938 Rights Watch found that ‘‘Ukrainian police Ms. CANTWELL (for herself and Mrs. (29 U.S.C. 203(t))) under section 3(m) of such assaulted and injured dozens of journalists MURRAY) submitted the following reso- Act (29 U.S.C. 203(m)) should be increased to and medical workers while trying to disperse 70 percent of the Federal minimum wage for lution; which was considered and a covered nonexempt employee under section street fighters and protesters in Kiev’’ and agreed to: called upon the international community to 6(a)(1) of the Fair Labor Standards Act of S. RES. 358 1938 (29 U.S.C. 206(a)(1)). ‘‘press Ukraine to investigate serious human rights violations and prosecute those respon- Whereas on February 2, 2014, the Seattle f Seahawks won Super Bowl XLVIII with a sible in accordance with international due commanding 43–8 victory over the Denver SENATE RESOLUTION 357—EX- process standards’’; Broncos; PRESSING CONCERN OF UNDEMO- Whereas, on January 31, 2014, Freedom Whereas Super Bowl XLVIII is the first CRATIC GOVERNANCE AND THE House reported that ‘‘more than 40 journal- Super Bowl Championship won by the ABUSE OF THE RIGHTS OF INDI- ists have been injured covering the dem- Seahawks franchise; VIDUALS IN UKRAINE onstrations’’ and that ‘‘[m]any of the report- Whereas Seahawks coach Pete Carroll is ers were attacked while wearing visible iden- Mr. MENENDEZ (for himself and Mr. only the third coach in the history of foot- tification of their status as journalists’’; ball to win both a Super Bowl in the Na- RISCH) submitted the following resolu- Whereas the Government of Ukraine has tional Football League (NFL) and a National tion; which was referred to the Com- continued to intimidate and use violence Championship in college football; mittee on Foreign Relations: against journalists and others expressing po- Whereas Seahawks quarterback Russell S. RES. 357 litical opinions critical of the current gov- Wilson is the third-youngest starting quar- Whereas the political crisis that has en- ernment; and terback to win the Super Bowl; gulfed Ukraine reflects the people’s desire Whereas, on January 7, 2014, the United Whereas the Seahawks had a 13-3 record for for a democratic state which rejects corrup- States Senate passed a resolution expressing the 2013 regular season, giving the Seahawks tion and abides by the rule of law; support for the people of Ukraine in light of the best regular season record in the Na- Whereas Ukraine is a participating State public resistance to President Yanukovych’s tional Football Conference and tying them of the Organization for Security and Co-oper- decision not to sign an Association Agree- with the Broncos for the best regular season ation in Europe (OSCE) and has made com- ment with the European Union: Now, there- record in the NFL; mitments to respect the human rights of its fore, be it Whereas in December 1984, the Seahawks citizens; retired the number 12 in honor of their fan Whereas, in 2009, Ukraine joined the Euro- Resolved, That it is the sense of the Senate base, who are among the loudest, proudest, pean Union’s Eastern Partnership initiative, that— and most impactful group of fans in sports, pledging to uphold the shared values of de- (1) the President should increase democ- which is known as ‘‘the 12th Man’’; mocracy, the rule of law, and respect for racy and human rights programming in Whereas the 12th Man is critical to the human rights; Ukraine to the extent possible; home field advantage of the Seahawks at Whereas the Government of Ukraine com- (2) the United States Government should CenturyLink Field, holds a world record for mitted to judicial and electoral reforms to immediately review security assistance crowd noise at 137.6 decibels, and has twice align with those of the European Union in funding for any organization in Ukraine in- triggered measurable earthquakes on the preparation for the signing of an Association volved in repressive efforts that violate the Richter Scale; Agreement with the European Union; civil or human rights of the people of Whereas the Seahawks have the top- Whereas, on Thursday, November 21, 2013, Ukraine; ranked defense in the NFL, led by an Ukraine President Viktor Yanukovych an- (3) the United States Mission to the Orga- unstoppable defensive line and cornerback Richard Sherman and the ‘‘Legion of Boom’’ nounced that Ukraine would not sign an As- nization for Security and Cooperation in Eu- sociation Agreement with the European secondary; rope (OSCE) should utilize the resources and Union, causing thousands of Ukrainians to Whereas Seattle linebacker Malcolm mechanisms of the OSCE to monitor and ad- assemble in Kiev’s Maidan Square in peace- Smith was named Most Valuable Player dress human rights concerns, including the ful protest; (MVP) of Super Bowl XLVIII after making Whereas, on November 30 and December 11, Office for Democratic Institutions and several key plays, including a 69-yard inter- 2013, Ukrainian paramilitary police used ex- Human Rights (ODIHR) and Representative ception return for a touchdown in the second cessive force against peaceful demonstrators on Freedom of Media (RFM); quarter; in Kiev’s Maidan Square; (4) the United States Representative to the Whereas Smith is the first defensive player Whereas, on January 16, 2014, the par- United Nations Human Rights Council to be named Super Bowl MVP since Super liament of Ukraine passed anti-protest legis- should address Ukraine appropriately to bod- Bowl XXXVII; lation restricting the right to peaceful as- ies such as the United Nations Human Rights Whereas the Seahawks defense contributed sembly and the exercise of free speech, con- Council; to a Broncos safety that was the fastest straining independent media, and inhibiting (5) the Department of State should imme- score in Super Bowl history and helped the the operation of nongovernmental organiza- diately consider the imposition of targeted Seahawks hold the lead throughout the game tions; sanctions, including visa bans and asset despite the Broncos having the highest-scor- Whereas it is unclear whether these meas- freezes, against the perpetrators of state- ing offense in NFL history; ures were passed legally, or have subse- sanctioned violence in Ukraine against Whereas Super Bowl XLVIII was the most- quently been entirely repealed; peaceful protesters, journalists, and other watched television show in United States Whereas, on January 20, 2014, Freedom members of civil society; history, with an average audience of House stated it is ‘‘deeply concerned by (6) the United States Government should 111,500,000 people tuning in; Whereas Seahawks owner Paul G. Allen Ukrainian authorities’ targeted violence urge authorities in Ukraine to locate miss- and team coaches, staff, players, and all of against journalists during public protests in ing persons and release all political pris- Kiev – demonstrations spurred by President their families and supporters should be com- oners, including former Prime Minister Viktor Yanukovych’s signing into law meas- mended for their dedication to supporting Yulia Tymoshenko, and hold perpetrators of ures that tightly limit public protests, communities throughout the State of Wash- extra-legal measures accountable; among other rollbacks on freedom’’; ington with generous charity and advocacy (7) the United States Government should Whereas, on January 22, 2014, the actions of work on behalf of those less fortunate; and authorities in Ukraine resulted in the death work closely with the European Union to Whereas on February 5, 2014, 700,000 fans of two protestors, including one who was strengthen and support its efforts in packed the streets of Seattle to celebrate the ‘‘brutally beaten by two riot police officers,’’ Ukraine; and Seahawks victory: Now, therefore, be it according to Amnesty International; (8) the United States Government endorses Resolved, That the Senate— Whereas, on January 30, 2014, Freedom the statement of the European Union’s Coun- (1) congratulates— House stated that ‘‘at least five Euromaidan cil on Foreign Affairs of February 10, 2014, (A) the Seattle Seahawks for their victory activists are still reported missing, some which stated, ‘‘A new and inclusive govern- in Super Bowl XLVIII, the first National since November 30, 2013 when anti-govern- ment, constitutional reform bringing back Football League championship brought ment demonstrations intensified’’; more balance of powers, and preparations for home to the Pacific Northwest; Whereas there are substantiated reports of free and fair presidential elections would (B) Seahawks owner Paul G. Allen and the kidnappings, including the abduction and contribute to bringing Ukraine back on a Seahawks coaching, management, and sup- torture of opposition activist Dmitrii sustainable path of reforms.’’ port staff;

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