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

Vol. 160 WASHINGTON, TUESDAY, JUNE 3, 2014 No. 85 House of Representatives The House was not in session today. Its next meeting will be held on Thursday, June 5, 2014, at 3 p.m. Senate TUESDAY, JUNE 3, 2014

The Senate met at 10 a.m. and was BIPARTISAN SPORTSMEN’S ACT this country a bill of goods. Like a called to order by the President pro OF 2014—MOTION TO PROCEED Ginsu knife pitchman, they promised tempore (Mr. LEAHY). Mr. REID. Mr. President, I now move that ObamaCare would create jobs, im- to proceed to Calendar No. 384, S. 2363, prove the economy, lower premiums, PRAYER the Hagan sportsmen’s legislation. and reduce health spending—all for the The Chaplain, Dr. Barry C. Black, of- The PRESIDENT pro tempore. The low, low price of not causing Ameri- fered the following prayer: clerk will report the motion. cans to lose their insurance, their doc- Let us pray. The assistant legislative clerk read tors or the hospitals they liked. We praise You, O God almighty. Let as follows: Today, Americans know the truth. It Heaven and Earth adore You, for we Motion to proceed to Calendar No. 384, S. was a sham, the lie of the year, conven- are sustained by Your majesty and 2363, a bill to protect and enhance opportuni- ient deceits told to advance the far might. Bless our Senators, guiding ties for recreational hunting, fishing, and left’s agenda. shooting, and for other purposes. them around the many distractions our The people we represent just want SCHEDULE busy world offers. Lord, deliver them the pain of ObamaCare to go away, but Mr. REID. Following my remarks from the inclination to pray pedestrian the Democrats who run Washington and those of the Republican leader, the and comfortable prayers. May they in- have other ideas. Just yesterday they Senate will be in a period of morning stead pray courageously about even the rolled out the red carpet for a sequel. business until 11 a.m., with the major- things they fear and, in Your presence, That is just what we saw when the ity controlling the first half and the hear You say, ‘‘Don’t be afraid; it is I.’’ Obama administration announced its Republicans controlling the final half. Remove the barriers of fears, sus- At 11 a.m. the Senate will proceed to latest front in the war on Kentucky picions, and doubt that keep them from executive session to consider the nomi- coal jobs. You. Be with them every hour of this nation of Keith Harper to be a U.S. The newest attack is the most ex- day, teaching and guiding them with Representative to the U.N. Human treme yet. The President wants Ameri- Your wisdom. Rights Council, postcloture. The time cans to believe that his national en- We pray in Your sacred Name. Amen. until noon will be equally divided and ergy tax can somehow heal the planet controlled in the usual form. and regulate the oceans, and he wants f At noon there will be two rollcall you to believe that it can be done with- votes: first on confirmation of the Har- out harming middle-class families; PLEDGE OF ALLEGIANCE per nomination, and then there will be that, in fact, his massive regulatory The President pro tempore led the a cloture vote on the nomination of scheme will actually create jobs and Pledge of Allegiance, as follows: Sharon Bowen to be commissioner at bring billions in economic benefits and I pledge allegiance to the Flag of the the CFTC. shrink—you heard that right, shrink— United States of America, and to the Repub- Following the votes, the Senate will America’s energy bills. lic for which it stands, one nation under God, be in recess until 2:15 p.m. to allow for Well, if you believe that, I have some indivisible, with liberty and justice for all. the weekly caucus meetings. ObamaCare to sell you. This is the I yield the floor. same President, remember, who boast- f RECOGNITION OF THE MINORITY LEADER ed as a candidate that his energy tax The PRESIDENT pro tempore. The policies would make electricity prices RECOGNITION OF THE MAJORITY Republican leader is recognized. skyrocket. The truth is the President’s LEADER ENERGY POLICY energy tax won’t even have an appre- The PRESIDENT pro tempore. The Mr. MCCONNELL. Mr. President, 4 ciable effect on global carbon emis- majority leader is recognized. years ago Washington Democrats sold sions anyway.

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

S3345

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VerDate Mar 15 2010 02:07 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S03JN4.REC S03JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3346 CONGRESSIONAL RECORD — SENATE June 3, 2014 President Obama’s last Environ- That is especially true when it comes with them and who worked against mental Protection Agency head told us to coal-mining families in my State, them. I imagine they will want to send as much, saying: ‘‘U.S. action alone good people who this administration a majority to Washington that would will not impact world CO2 levels.’’ That hasn’t even bothered to hear from. actually work for the middle class for a is a quote from her. She said: ‘‘U.S. ac- Kentucky miners know that coal keeps change, instead of hurting seniors and tion alone will not impact world CO2 the lights on. All they want to do is shipping jobs overseas. levels.’’ That was spoken by the pre- provide for their families and put food At the end of the day it comes down vious EPA Administrator. on the table. to this: The President’s national en- You need emissions-heavy countries They have committed no crime, they ergy tax is ObamaCare 2.0. It is a mas- such as India and China on board first. have done nothing wrong, but the sive big-government boondoggle that is That is just a scientific fact, although Obama administration has declared a being marketed as something it isn’t. I suspect our friends on the left will war on them all the same. A White It is an idea that will not even solve conveniently ignore it because the House advisor was quoted as saying the larger problem it purports to ad- point of this whole exercise is sadly ob- that a war on coal is ‘‘exactly what’s dress, and it will hurt the middle class. vious. It is not about science or global needed.’’ So the President can pretend his na- warming at all. It is all about making These are callous positions, to be tional energy tax is about helping the privileged elitists—elitists who may sure, but they are easy things to say environment, but we know better. It is not feel the pinch of a higher utility when you live hundreds of miles away, not going to do a thing to meaningfully bill or the pain of a lost job—feel as if when you don’t have to live with the control global carbon emissions. This they did something. real-world consequences of your ivory is really about growing government. It There is another reason why the tower ideological fantasies, when you is really about making leftwing elitists echoes of ObamaCare here are so un- don’t have to see the raw human costs feel better about themselves, and it is mistakable. The President’s national of your schemes. That certainly was really about helping political sup- energy tax represents a direct attack the approach the administration took porters in places such as California and on the American middle class. when it scheduled listening sessions to New York while inflicting serious pain Experts say it would devastate entire discuss its anti-coal regulations. It on people and places like Kentucky. swaths of our economy and could lead only wanted to hear applause from fel- I am going to continue to fight. Ken- to a loss of nearly half a million jobs, low leftwing elites, so it didn’t sched- tuckians deserve no less. I am going to according to one AFL–CIO labor union ule a single listening session in coal keep vigorously fighting against the estimate. In fact, the head of that country—not one. Obama administration’s continued war union, the United Mine Workers of This is what one miner said at a coal on coal jobs and this extreme, extreme America, said this energy tax would listening session that I hosted in East- anti-middle class national energy tax lead to long-term and irreversible job ern Kentucky after the administration in particular. losses. refused to attend: ‘‘Our biggest worries I yield the floor. The national energy tax would also now are just trying to keep a roof over RESERVATION OF LEADER TIME shift middle class jobs overseas, shat- our heads [and] food on the table.’’ The PRESIDING OFFICER (Mr. ter our manufacturing base, and drive He is not alone, and he needs to know KING). Under the previous order, the up energy costs for families. It is a dag- this: We are on the side of the aisle leadership time is reserved. ger aimed right at the heart of the that hears him. We are not going to let American middle class, at a time when this administration’s anti-middle class f our constituents are already struggling policies go unchallenged. MORNING BUSINESS under the weight of so many of this ad- That is why today I am introducing ministration’s other failed policies. legislation, the Coal Country Protec- The PRESIDING OFFICER. Under Let’s not forget: Opportunity has al- tion Act, that would push back against the previous order, the Senate will be ready decreased for too many families the President’s extreme anti-coal in a period of morning business until 11 under this President’s watch. Millions scheme. It would require that simple a.m., with Senators permitted to speak of our friends and neighbors are still but important benchmarks be met be- therein for up to 10 minutes each, with out of work, and the economy is at a fore his rules could take effect. the time equally divided and controlled standstill. The Secretary of Labor would have between the leaders or their designees This is President Obama’s plan, to to certify that it would not generate and with the majority controlling the squeeze the middle class even harder, loss of employment. The Director of first half of the time. ship American jobs overseas and to do the Congressional Budget Office would The Senator from Illinois. it by going around Congress? It is clear have to certify that it would not result f that the President is trying to impose in any loss in the American gross do- GLOBAL WARMING this national energy tax via Executive mestic product. order because he knows the representa- The Administrator of the Energy In- Mr. DURBIN. Mr. President, I rise in tives of the people would never vote for formation Administration would have morning business to respond to the Re- it. to certify it would not increase elec- publican Senate leader who just spoke. He knows that Congress already re- tricity rates, and the Chairman of the I preface my remarks by making the jected a similar national energy tax Federal Energy Regulatory Commis- claim that I have made on the floor when he tried to pass it back in his sion and the president of the North now three different times, and I am first term. Maybe he is avoiding legis- American Electric Reliability Corpora- still waiting for the first Member of lative accountability because he knows tion would have to certify that elec- the other party to come to this Senate this energy tax is too cruel, because he tricity delivery would remain reliable. Chamber and to dispute what I am knows it would have an especially dev- It is just common sense. That is why about to say. astating impact on the most vulnerable I call upon the majority leader to The Republican Party of the United members of our society—the poor, the schedule a vote on this legislation im- States of America is the only major po- unemployed, and seniors on a fixed in- mediately and to help us pass it, be- litical party in the world today that come. cause Kentucky mining families are denies global warming. It is a curious thing. The same elites counting on him and so are countless I have said it. I am waiting for them who like to lecture us from their privi- middle-class families in my State and to come forward and say: No, there is leged perches about helping others are across the country who stand to get another one somewhere. One said: Well, often the same people who seem to care hurt by this administration’s cold ideo- we think there is one in Australia. the least about who their extreme poli- logical attacks. Really? So the entire world under- cies hurt. To them the American peo- If the majority leader and Senate stands that global warming is a chal- ple are just hoi polloi, the commoners Democrats stand in the way of passing lenge except for one political party, who these elites think need their en- this bill, Kentuckians and the Amer- the Republican Party of the United lightened guidance. ican people will remember who stood States of America.

VerDate Mar 15 2010 02:07 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S03JN4.REC S03JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 3, 2014 CONGRESSIONAL RECORD — SENATE S3347 And what have we seen with global room. These problems are created by exceptionalism; that America is such a warming? We have seen a change in the the air we are forced to breathe. Are we different and great country. I don’t world we live in. Weather is more ex- going to do something about it? We quarrel with that. I don’t want to be treme; things are changing. should. braggadocios about it, but I don’t quar- We have from time to time young Our colleague Max Baucus from Mon- rel with it. people who come and visit the Senate tana recently took on the position as But when it comes to a challenge Chamber and sit in the galleries. They Ambassador to China. He and his wife such as this, of cleaning up the envi- are always welcomed, but of course our were headed over and we said half jok- ronment, shouldn’t America be a lead- debate today is about them. It is about ingly: I hope the air is clean enough to er? Of course. That is what President the world they will live in and a ques- breathe over there, because if you have Obama is asking us to do: State by tion of whether it will be habitable, a been to China, you know it is a chal- State, figure out a plan that reduces world they can live in and prosper. lenge every single day. Are we going to carbon pollution, reduces the public Don’t we have an obligation, our gen- take a different approach in America? health hazards children and families eration, to leave that world to them Are we going to set a different example are facing because of the pollution, re- and, if nothing else, a world as good as in America when it comes to public duces the damage taking place to this what we inherited from our parents health? This is our opportunity. environment that is changing the and grandparents? If we truly care about working fami- world we live in. That is what a leader That is what this debate about. And lies and their children, how can we ig- does. if we are going to do that, we have to nore what is happening? As the air gets It is time for us to try to come to- make some changes. Can America worse and carbon pollution increases gether and work together to find a so- make a change? We sure can. We have and asthma increases, health care costs lution. led the world when it comes to change. go up. Lives are compromised. I don’t I yield the floor. This President sat down with the auto- want to see that happen. So if we truly The PRESIDING OFFICER. The Sen- mobile manufacturers, after decades of care about working families, care ator from Michigan. about their children and the health of resistance to the notion of more fuel- f efficient vehicles, and hammered out their children. I might also add, care CFTC NOMINATIONS an agreement that now we are driving about providing these families with cars and trucks that take us the same health insurance. Time and again the Ms. STABENOW. Mr. President, I distance and burn fewer gallons of gas- same party that came to the floor this thank our leader Senator DURBIN for oline. morning, telling us about working peo- speaking on a number of subjects that My wife and I drive a Ford Fusion ple, has opposed our efforts to extend actually all add up to the fact that we Hybrid, 36 miles a gallon, and we can the protection of health insurance to believe every American ought to have a beat that with other cars, but we are working families. fair shot to make it, whether it is jobs pretty happy with our little Ford. No- Which State is one of the most suc- in a new clean energy economy. When body put a gun to my head and said cessful States in the Union in signing I think about the fact that we will not buy it. My wife and I thought it was up people when it comes to our new have a middle class, we will not have the responsible thing to do. Ford made health insurance plan, the so-called an economy unless we make things and ObamaCare? One of the most successful a great product and we bought it. grow things—and that is what we do in There was a time on the floor of the per capita States in the Nation hap- Michigan. I think about our new clean Senate when Ford and other companies pens to be the Commonwealth of Ken- energy opportunities. There are 8,000 were in denial. It will never happen, tucky, represented by the Senator who parts in a big wind turbine, and some- they said. It is happening. America can just spoke on the other side of the body has to make those parts. We can change for the better with leadership. aisle. Hundreds of thousands of people make those in Michigan. So when we I listened to the arguments from the in Kentucky now have health insur- talk about doing the right things so we Senate Republican leader today about ance through the President’s plan, in- can breathe the air and drink the the impact of change and the impact of cluding thousands under Medicaid. water, it is also about creating new op- So when we are talking about who is doing something about carbon pollu- portunities for good-paying jobs for sensitive to the needs of working fami- tion on poor people and working fami- people, and it is about making sure our lies, whether it is minimum wage or lies. I had to come to the floor. I lis- economy works for everybody and that basic health insurance, I think our ap- tened to the plaintive pleas of the Re- everybody has a fair shot. That is the proach is one that has proven to be publican leader to think about poor right. Over 6 million Americans have best of America. people working and the impact it has We have before us in the Senate three now signed up for health insurance. In nominations for the Commodity Fu- on them, and I kept remembering it is my State of Illinois, over 100,000 in his political party that has opposed the Cook County alone now have health in- tures Trading Commission, and we will increase in the minimum wage, an in- surance, and I have met some of them. be voting on one of them in a few crease in the wage these poor people Roy Romanowski—a great Chicago hours. They came out of the Agri- are earning. They oppose it, with one name—Roy, a big barrel-chested Polish culture Committee, which I am hon- exception, maybe two. Their party op- musician, was sitting next to me at a ored to chair, so I wish to speak about poses increasing the minimum wage health care clinic and he said, Senator, them for a moment. and comes to the floor and says we never had health insurance in my life This independent agency, the Com- can’t do anything that could hurt poor but have it now and patted his wallet. modity Futures Trading Commission, working families. Now he is signed up for Medicaid. A is entrusted with the important mis- First, let them join us in a bipartisan low-income guy, takes jobs as they sion of protecting investors in the de- effort to raise the minimum wage. Sec- come along, he has health insurance— rivatives market from fraud, manipula- ondly, I can report one thing that glob- he is about 60 years old—and is happy tion, and other abuses. That means al warming and carbon pollution is pro- to have it. So when we talk about farmers and ranchers. It means con- ducing today. It is producing the No. 1 standing up for working people, this is sumers. It means businesses, large and complaint of children brought to the part of it. small. It means a way to create capital emergency rooms across America. Yes, it is a challenge when we face so it can be invested in new jobs. What is the most common health prob- change. We are a coal-producing State The oversight of this agency is in- lem bringing children to emergency in Illinois. We are going to have to sit credibly important. Given this respon- rooms? Trauma? No. What is it? Asth- down as a State and make a plan that sibility, it is imperative that we select ma. I go to classrooms across my is going to deal with reducing the pol- Commissioners who have demonstrated State, and I say to the children who lution which is changing our planet. not only expertise in global financial are there: Hold up your hand if you We can do it. I am sure we can, and markets but the integrity and the know anyone who has asthma. Rural America should lead the world. judgment necessary to lead the imple- schools, urban schools, it is all the How many times have our colleagues mentation reforms contained in the same. Hands go up across the class- on the other side talked about Dodd-Frank financial reform law. This

VerDate Mar 15 2010 02:07 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S03JN4.REC S03JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3348 CONGRESSIONAL RECORD — SENATE June 3, 2014 is a five-member Commission. Due to unanimously, and I certainly hope that the Securities Investor Protection Cor- some changes and folks moving on in will happen again. poration—SIPC—and before that as their careers, we have two members Sharon Bowen has worked tirelessly Vice Chair, I can say quite frankly that right now, one Democratic and one Re- to fulfill what are called SIPC’s man- she does not deserve any promotion be- publican. So we have a responsibility of dates—the Securities Investor Protec- cause she has not successfully safe- now filling all five. We will have in tion Corporation—helping thousands of guarded consumers, which is her job, front of us this week, at some point small investors faced with the failure her mission. Instead, she has fought to throughout the week, all three of the of their brokerage firms. During Ms. safeguard Wall Street money from just folks who came out of our committee. Bowen’s tenure on the board, SIPC has compensation to the legitimate vic- We have three nominees before us returned $24.5 billion to over 9,000 in- tims of the Allen Stanford $7.2 billion who I think fit the requirement of hav- vestors. Ponzi scheme. ing expertise, integrity, and judgment. Despite all her accomplishments I have been involved in this Stanford The first is Republican nominee J. through the years, it was evident from issue for quite a while because it af- Christopher Giancarlo, and then we Ms. Bowen’s testimony in the agri- fects a lot of folks in Louisiana, but it have two Democratic nominees, Tim culture committee that she remains affects a lot of folks in every State of Massad, who has been nominated to grounded by a sensibility for how mar- the country as well. These folks first Chair the CFTC, and Sharon Bowen. kets have effects far beyond investors. and foremost were victims of Allen All three are highly qualified nominees They affect each of us. They affect con- Stanford and his completely fraudulent who were approved by the agriculture sumers, farmers, ranchers, manufactur- activity, his Ponzi scheme that lit- committee on a voice vote. Right now ers, and others who create jobs. erally defrauded hard-working Ameri- I will focus on Ms. Bowen, whom we She recognizes the urgency of pro- cans of $7.2 billion. But they were vic- will be voting on in just a little bit. tecting these individuals from exces- timized again, quite frankly, by Fed- Within the Dodd-Frank Wall Street sive speculation and manipulation. She eral agencies that didn’t do their job— reforms, individual agencies were di- told our committee: first by the SEC, which knew about rected to establish an Office of Minor- I understand the importance of being the this activity for 4 years before saying ity and Women Inclusion. This action voice of the under-represented and small anything publicly, before warning any- was taken to address the lack of diver- business owners who have not had a seat at one out there, before taking any ac- sity of qualified men and women in the table, as I do today. tion, and then by SIPC—including Federal agencies involved in financial The CFTC needs a Commissioner of Sharon Bowen at SIPC—by refusing to regulation but also subcontractors and Ms. Bowen’s background and skill set. take appropriate action for the victims contractors who receive billions of dol- I urge all of my colleagues to join me and instead acting as if their job, their lars from the government. in supporting Ms. Bowen’s nomination duty was to safeguard Wall Street The CFTC itself should lead by exam- and to quickly move forward with the money, not to properly compensate ple when it comes to diversity as well nominations of Mr. Giancarlo and Mr. victims under the law. as expertise. So I am especially pleased Massad, whom I will be speaking about If you read the letters and talk to the President Obama selected Sharon more as their nominations come before Stanford victims, as I have many Bowen as a nominee for the Commis- us, so they can get to work protecting times, it will just break your heart. sion. She will be the first African- investors and every American who is Charles Cook of Baton Rouge said: American woman to serve on the CFTC vulnerable to abuses in the futures and My family, along with thousands of others and will be the only woman serving at swaps markets. who placed their savings in licensed brokers’ this point in time on the five-member We need those markets to work, to hands, now faces absolute financial ruin sim- Commission. She has the expertise and create capital, and also to manage risk ply because our government and govern- experience to be an excellent Commis- for those who are using the markets in ment-appointed regulators did not perform their jobs of protecting us. These savings in- sioner. order to be able to manage their own During her testimony before the Ag- clude retirement accounts, trusts for chron- risk, and we need a full five-member ically ill family members, college funds, and riculture Committee, Ms. Bowen told CFTC of competent, qualified people in pension plans. of her upbringing as the youngest of order to get that done. That is what we Byron Ratliff, also of Baton Rouge: five children in the small town of St. are doing today with the vote, and Julien’s Creek in Virginia. During Ms. Congress needs to be aware that the agen- then, as we move forward this week, cy created by Congress to protect investors Bowen’s youth, St. Julien’s Creek was hopefully by the end of the week we is using their fund to defy the federal gov- a segregated town, and her family had will have the full complement of the ernment for the sake of denying protection modest means, but these challenges CFTC in place. to investors they helped defraud . . . We forged her character. Ms. Bowen devel- Thank you, Mr. President. need your help now more than ever to block oped a knack for understanding the I would suggest the absence of a this ridiculous effort by SIPC. This is crimi- perspective of people who have a stake quorum. nal. in public policy decisions but no voice The PRESIDING OFFICER. The Gilbert Gossen, also of Louisiana: in how those decisions are made. clerk will call the roll. Has it changed our lifestyle? Yes, tremen- This background has served her well The legislative clerk proceeded to dously. Not only my wife and I have been de- throughout her years as an attorney. call the roll. prived of our lifetime savings, my five chil- As a partner in the New York firm of The PRESIDING OFFICER. The Sen- dren who have worked alongside with us Latham & Watkins, Ms. Bowen rep- ator from Louisiana. have been unfairly deprived of their inherit- ance. resented clients in a range of complex Mr. VITTER. Mr. President, I ask financial transactions. So her knowl- unanimous consent that the order for Carolyn Smith in Baton Rouge goes edge of derivatives and global markets the quorum call be rescinded. to the core of the matter: is based on real-world experience. The PRESIDING OFFICER. Without I cannot believe this. This is killing me She has been selected by one publica- objection, it is so ordered. and my family. tion as one of America’s top Black law- f Fraudulent schemes unfortunately go yers and chosen as the Lawyer of the on all the time, but, again, what makes Year by the Metropolitan Black Bar BOWEN NOMINATION this so heartbreaking is the victimiza- Association. Mr. VITTER. Mr. President, I rise tion upon victimization. First came Recognizing Ms. Bowen’s talents, today in strong opposition to Sharon the original fraud; then came the SEC, President Obama nominated her to be Bowen’s nomination to be a Commis- which saw this going on and did not act vice chair, then acting chair of the Se- sioner of the Commodity Futures Trad- and did not give victims and potential curities Investor Protection Corpora- ing Commission. Frankly, it amazes victims any notice for 4 years; and tion, a very important nonprofit which me that we are here today discussing then after the SEC acted, after the SEC helps protect investors whose brokers basically a possible promotion for Ms. ordered SIPC to compensate victims, have failed them. Ms. Bowen was con- Bowen. Given my experience with her SIPC—Sharon Bowen included—in an firmed by the Senate, at that time, in her current job as Acting Chair of unprecedented move, refused to follow

VerDate Mar 15 2010 02:07 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S03JN4.REC S03JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 3, 2014 CONGRESSIONAL RECORD — SENATE S3349 that mandate by the SEC, requiring In a similar way, a constituent of consumer mission to handle that job or the SEC to sue SIPC, which is now tied Senator NELSON of Florida wrote Sen- any other? up in court and continues to this day. ator NELSON and said: I urge all of my colleagues, Repub- That gets us back to the issue at We hope you will vote AGAINST con- licans and Democrats—and there is hand—Ms. Bowen. The name of her cur- firming Ms. Bowen as a CFTC Commissioner nothing partisan about this—to oppose rent employer is supposed to be about as she does not support protecting investors. this Sharon Bowen nomination. The investor protection—the Securities In- Sharon Bowen’s loyalty to Wall Street in- victims of the Stanford scandal need vestor Protection Corporation, SIPC— stead of hard-working people like us has dev- some justice. They need to see that but she and her colleagues have acted astated our lives because her actions re- someone cares and that someone is in the direction of Wall Street protec- sulted in us not being able to recover our savings. fighting on their behalf. The victims of tion. the Madoff scandal need exactly the A constituent of Senator PRYOR’s The fund is funded by companies that same and feel exactly the same way. wrote him in a similar vein: pay into it. They pay their dues to give Please oppose this nomination. potential investors peace of mind, and Based on the facts set forth below, I cer- Please vote for those consumers, those that confidence helps build a vibrant tainly hope you will vote against confirming Americans, and those investors. Please Ms. Bowen as a CFTC Commissioner in order and positive marketplace. Make no vote to begin to right the ship and fix mistake that those Wall Street mem- to protect the investors who rely on the CFTC’s regulatory supervision. the regulatory system. ber companies do not want SIPC to I yield the floor and suggest the ab- compensate these victims because they In a similar way, Madoff victims have also weighed strongly into this sence of a quorum. are worried that their dues will in- The PRESIDING OFFICER. The crease. Well, it is fine for them to have matter. They have written their Sen- ators urging them to oppose the Bowen clerk will call the roll. their concern; it is not fine for Sharon The legislative clerk proceeded to Bowen to make those concerns win out nomination. One Madoff victim wrote: call the roll. over the law and over the facts, to ig- Mr. THUNE. Mr. President, is the nore a mandate from the SEC, and to SIPC Chairwoman Sharon Bowen is neither Senate in a quorum call? not properly compensate the victims of a qualified nor appropriate nominee for the all-important Commodity Futures Trading The PRESIDING OFFICER (Mr. the Stanford scandal. Commission. As a SIPC board member, SIPC SCHATZ). Yes. If, after all of this, Congress gives Chairwoman and an attorney representing Mr. THUNE. Mr. President, I ask Ms. Bowen a promotion, condones her members of the financial industry, Ms. unanimous consent that the order for actions here today, and votes to sup- Bowen has demonstrated repeatedly that her the quorum call be rescinded and that port her, that will be yet another slap interest is in protecting Wall Street’s inter- I be allowed to speak for up to 12 min- in the face to these victims and an ac- ests. utes in morning business. tion that will certainly undermine in- Again, frauds happen all the time. It The PRESIDING OFFICER. Without vestor confidence and encourage more is always tragic, but it does happen. objection, it is so ordered. to follow Ms. Bowen’s career path and What makes this case so ‘‘tripley’’ f the way she ran the Security Investor tragic is that the victims of the origi- Protection Commission by advancing nal Allen Stanford fraud were victim- ENERGY TAX themselves and member companies ized again by failed bureaucracies and Mr. THUNE. Mr. President, every- rather than the real mission of fol- regulators who failed to do their jobs where middle-class Americans look, lowing the law and properly compen- and continued to fail to carry out their they are facing higher prices. Over the sating victims. true mandate of protecting investors. past 51⁄2 years of the Obama Presi- This is not a partisan grudge match. First, the SEC dragged its feet and dency, the price of everything—from This is not partisan at all. I am oppos- took way too long to take any action milk to the refrigerator to put it in— ing Ms. Bowen’s confirmation for one in this matter or to give anyone in the has risen. Tuition costs have soared, simple reason: I think she has proved real world notice of what was clearly gas prices have almost doubled, food that she is not qualified for the job happening in the Stanford case—4-plus prices have shot up, and then, of based on her track record at SIPC as years—and then the SEC finally acted course, there is health care. The Presi- well as her performance at her con- and agreed that these victims required dent claimed that health care pre- firmation hearing. compensation under the law. They told miums would fall by $2,500 under his Let me underscore the way in which SIPC to set about giving them this health care law. Instead, they have this is not partisan at all because there compensation, and in a completely un- risen by almost $3,700 during the Presi- are many folks who have been fol- precedented way, never before and dent’s administration, and they are lowing this Stanford case who are di- never since, Sharon Bowen of SIPC still going up. The President’s health rectly involved who have written to said: No. We are not doing what the care law has driven up the price of al- Senators on both sides of the aisle urg- SEC has told us to do. We are refusing most every aspect of health care, from ing—urging in the strongest terms pos- to do that. premiums to pacemakers. sible—opposition to this nomination. They had to be sued by the SEC, and Americans are ill-equipped to meet Let’s take a letter written by a self- that legal matter is still tangled up in these higher costs. Household income proclaimed and lifelong Democrat from court with the victims of the Stanford has declined by more than $3,500 on the Ann Arbor, MI, a constituent of Sen- mess, and they still have not gotten President’s watch. Nearly 10 million ator STABENOW. Senator STABENOW is any compensation. Americans are unemployed, more than the chairman of the Senate agriculture We can’t prevent every bad thing one-third of them for 6 months or committee. That certainly has a sig- from happening in the world, but sure- longer, and 19.4 million Americans nificant role in this nomination. ly we can ensure that agencies in have been forced to join the food stamp The letter says: Washington and regulatory bodies do program since the President took of- I’ve been writing to you over the past days their jobs, follow their mandates and fice. regarding the growing opposition to the nomination of Sharon Bowen to the CFTC. I their missions and work for investors Our economy is simply not posting am writing once more to stress that this is and citizens and not be captured by the kind of growth we need to open op- not merely an effort to block an Obama narrow interests—in this case, Wall portunities for middle-class families. nominee. As a lifelong Democrat I would not Street interests. Surely we can do that, Economic growth actually declined get behind such an initiative if I thought and that, ultimately, is what this vote last quarter, and job creation is slug- that’s what it was. Opposing Ms. Bowen’s is all about. Are we going to do that or gish at best. Furthermore, the jobs we confirmation is not a partisan issue. Simply are we going to promote someone who are creating are not the kinds of jobs put, it makes no sense to appoint a regulator has failed at her current job? Are we Americans need to get ahead. Seventy- who is being sued by another regulator (SEC vs. SIPC)! In this climate of growing cyni- going to promote someone who has eight percent of the jobs that were lost cism toward our financial regulators, can we proved in her current job that she does during the recession were high- or mid- really afford to put one more fox outside the not have the right mindset, the right wage jobs, but just 56 percent of the hen house? understanding of a pro-investor, pro- jobs recovered have been the same.

VerDate Mar 15 2010 02:07 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S03JN4.REC S03JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3350 CONGRESSIONAL RECORD — SENATE June 3, 2014 That means almost half of the jobs we jobs when the coal-fired plants that regulations because he believes they are creating are low-wage jobs—not the they work for close their doors. Then will be an impressive addition to his kind that will get Americans to a more there are the manufacturing jobs that legacy. I wish to suggest that the secure financial future. will be lost if these regulations go into record of lost jobs and struggling fami- Americans have had a tough time effect. U.S. manufacturing is currently lies is not the kind of legacy the Presi- over the past 51⁄2 years, and if the enjoying a renaissance thanks to the dent would want to leave. President has his way, it is about to abundant, affordable energy the United I hope in the coming days we will get much worse. This week the Presi- States offers. Manufacturers are actu- hear from the President’s party on this dent’s Environmental Protection Agen- ally moving production from overseas issue. I challenge my Democratic col- cy announced a national energy tax to the United States and investing bil- leagues in the Senate to stand and tell that will drive up Americans’ energy lions of dollars in our economy in the the American people where they stand. bills and destroy jobs while essentially process. But if we drive up the cost of Do they stand with American jobs and doing nothing for the environment. energy here at home, manufacturers American families or do they stand Coal is responsible for approximately will no longer have the same incentive with their party’s environmental 40 percent of our country’s energy pro- to locate jobs here in America. Instead, fringe? duction and is a significant part of the manufacturers will send jobs overseas. The American people deserve to economies of several States. Currently, Given the terrible costs of these reg- know. Their jobs, their standard of liv- there are nearly 560 coal-fired power- ulations, one would assume that the ing, and their future hang in the bal- plants in the United States, but if the payoff would be huge—a drastic reduc- ance. administration’s new greenhouse gas tion in global carbon dioxide con- Mr. President, I yield the floor. regulations go into effect, a majority centration levels. f of them will close and no new plants The truth is the President is pro- will be built. That means energy com- posing to devastate American families CONCLUSION OF MORNING panies are going to have to scramble and destroy our economy for nothing, BUSINESS for new sources of energy. With utili- because the President’s proposals would have essentially no impact—no The PRESIDING OFFICER. Morning ties faced with fewer and more expen- business is closed. sive sources of energy, electricity rates impact—on the concentration of car- will soar to unprecedented levels, and bon dioxide in our atmosphere. Even f the President’s own former EPA Ad- that will leave millions of Americans EXECUTIVE SESSION struggling to afford their energy bills. ministrator admitted: ‘‘U.S. action What the administration has pro- alone will not impact world CO2 lev- els.’’ posed this week is nothing short— NOMINATION OF KEITH M. HAR- make no mistake about it—of a na- The truth is, as long as the United States is acting unilaterally, global PER FOR THE RANK OF AMBAS- tional energy tax, and it will hit low- SADOR DURING HIS TENURE OF income families and seniors who live emissions will not be reduced in any meaningful way. In fact, the Presi- SERVICE AS UNITED STATES on fixed incomes and already devote a REPRESENTATIVE TO THE U.N. large share of their income to the elec- dent’s proposals could actually drive up emissions in other countries as HUMAN RIGHTS COUNCIL tricity bills the hardest. In my home manufacturers send jobs from the State of South Dakota, low-income The PRESIDING OFFICER. Under United States to some of the world’s families already spend almost a quar- the previous order, the Senate will pro- top polluters such as India and China. ter of their income on energy bills. ceed to executive session to consider Manufacturers in the United States the following nomination, which the There is no way they can afford to are already reducing emissions. U.S. spend hundreds more to pay for Presi- clerk will report. manufacturing and other industrial The legislative clerk read the nomi- dent Obama’s national energy tax— carbon dioxide emissions are down 13 that is, of course, if they can even get nation of Keith M. Harper, of Mary- percent since 2005. In the meantime, land, for the rank of Ambassador dur- electricity. however, China’s CO emissions have The polar vortex that covered large 2 ing his tenure of service as United grown by 69 percent, while India’s have States Representative to the U.N. portions of the United States with ex- grown by 53 percent. treme cold and snow this past winter Human Rights Council. After 51⁄2 years of the Obama econ- The PRESIDING OFFICER. Under pushed the electricity grid to its lim- omy, Americans are struggling—strug- its. The Chairman of the Federal Regu- the previous order, the time until 12 gling to pay for health care, for college noon will be equally divided and con- latory Commission described the grid tuition, for food, and for gas—and they as ‘‘close to the edge,’’ with coal-fired trolled in the usual form. are wondering where the promised re- Who yields time? powerplants running at 90 percent ca- covery is and how long they are going pacity to keep houses warm during a If no one yields time, the time will be to have to live paycheck to paycheck, charged equally to both sides. historically cold winter. These are the praying they can afford unexpected very plants that are being targeted by The Senator from Maine. bills. Too many of them are wondering Mr. KING. Mr. President, I ask unan- this administration. Closing these pow- if they will be able to find a job to re- erplants, which provide affordable imous consent to address the Senate place the one they lost. Others are for approximately 10 minutes as in power throughout the year, will se- wondering if they ever will find the verely jeopardize our ability to produce morning business. better paying job they have been wait- The PRESIDING OFFICER. Without reliable electricity and heat during ing for. objection, it is so ordered. times of peak power demand. This will Now the President is prepared to be particularly dangerous in winter hike electricity prices for every one of MARKETS TRANSPARENCY months when an overstressed grid these Americans. Worse, he is prepared Mr. KING. Mr. President, I believe in could leave thousands of Americans to eliminate thousands of their jobs. markets and I believe in transparency, without a source of heat for their For what? For a significant reduction and that is what I wish to speak about homes. in global carbon dioxide concentration today. I think markets generally are Driving up energy bills and compro- levels? No. He is prepared to damage the best allocators of goods and serv- mising the energy grid would be suffi- their budgets and destroy their jobs ices, but in order for markets to work, cient reason to reject the President’s just so they can appear to be doing people who purchase—consumers—need new carbon dioxide regulations, but something about global warming. He is information. I wish to address one that is not all these regulations will willing to overlook the economic havoc small piece of a very important market do. The President’s new regulations these regulations will create as long as today. will also destroy tens of thousands and his extreme environmental base is con- I serve on the Budget Committee of possibly hundreds of thousands of jobs. tent. this body and as such I have had an op- First, of course, there are the thou- News reports have suggested the portunity to look at not only the cur- sands of Americans who will lose their President has backed these new carbon rent budget but projections of future

VerDate Mar 15 2010 02:07 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S03JN4.REC S03JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 3, 2014 CONGRESSIONAL RECORD — SENATE S3351 budgets. I think it is important to em- the prices of these devices which find money wisely if prices and comparative phasize that virtually all the growth— their way into the cost of everybody’s prices and prices of the various compo- all the growth—in future Federal budg- health care. nents of the health care system are es- ets is attributable to health care—all Imagine for a moment going to buy a sentially kept secret. the growth. It is not Pell grants, it is new car and there is no advertising This is a simple amendment. It is not national parks, it is not national about the prices of the cars. We simply based upon the fundamental defense, it is not the National Security couldn’t go on the Internet and deter- idea that markets work, but they only Agency; it is all in health care. mine the prices of the cars. We couldn’t work when consumers—in this case, There are several ways we can con- compare the prices of the cars from one hospitals—have the information nec- trol those costs. One way which has dealer to the other. But we go in and essary to make good purchasing deci- been suggested is to simply shift those somebody behind a closed door says, sions. I think markets, as I said at the costs off to other people—to the States, OK, the price is $20,200, and we are not beginning, are the best way to allocate to the elderly, to other citizens—and allowed to tell anybody the price we goods and services, but that informa- say it is not the Federal Government’s are paying for this car, and we have to tion is necessary for markets to work, problem; it is someone else’s problem. I sign an agreement that we are keeping and that is the purpose of this amend- would suggest that is not the answer. that price secret. Imagine that system, ment. We need to be focused on the issue of and imagine for a moment what would Mr. President, I ask unanimous con- health care costs generally, for every- happen to the price of cars. I don’t sent that all time between now and 12 one—for the Federal Government as a think it is gross speculation to assume noon during quorum calls be equally consumer, as it is in Medicare and Med- that the price would go up, because divided. icaid, but also for all of us as health there is no transparency. The PRESIDING OFFICER. Without care consumers across the country. I have filed amendment No. 3802 to objection, it is so ordered. The standard response around here to H.R. 3474, which is the tax extenders Mr. KING. I suggest the absence of a growing health care costs is to cut pro- bill that is pending. It simply says that quorum. grams, cut recipients, reduce payments when a medical device is being sold, The PRESIDING OFFICER. The to States, or reduce payments to pro- the manufacturer cannot impose a se- clerk will call the roll. viders. That does nothing about the crecy provision on the hospitals that The legislative clerk proceeded to fundamental issue. I can tell my col- purchase these devices, and they also call the roll. leagues that none of these steps has have to report median prices to the Mr. CASEY. Mr. President, I ask anything to do with reducing the de- Secretary of Health and Human Serv- unanimous consent that the order for mand for services or the costs of those ices on a regular basis. the quorum call be rescinded. services. We have to spend the money In 2012, the GAO did a report on The PRESIDING OFFICER. Without we have more responsibly. Medicare and one of the pieces of the objection, it is so ordered. There have been discussions recently report was titled ‘‘Lack of Price Trans- SPEAK UP ACT about repealing the medical device tax parency May Hamper Hospitals’ Abil- Mr. CASEY. Mr. President, I rise this which was passed as part of the Afford- ity to Be Prudent Purchasers of morning just before the noon hour to able Care Act. The theory, by the way, Implantable Medical Devices’’—a long talk about our children, a topic which was that the Affordable Care Act would title, but the conclusion is contained in does not get nearly enough attention produce, as it has, millions of new cus- the title: ‘‘may hamper hospitals’ abil- in Washington. I will try to focus on tomers for the private insurance indus- ity to be prudent purchasers.’’ Well, if just one issue. Both parties in this try as well as for all of those who par- hospitals can’t be prudent purchasers, body and in the other body indicate, on ticipate in the health care system, in- we who are paying the bills, quite often a pretty frequent basis, that they are cluding those who manufacture med- through Medicare and Medicaid, are in favor of supporting strategies to pro- ical devices. The Affordable Care Act not able to get the best prices. Who tect and to help our children, but not has produced new customers. And the pays? All of us pay. enough attention is paid to what that theory, as I understand it, because I This amendment would prohibit med- strategy should be and what the ele- wasn’t here when the bill was origi- ical device manufacturers from requir- ments of it should be. nally passed, was the industry—the ing hospitals and buyers to sign pur- I believe it should at least have four businesses that will profit by the pro- chasing agreements that contain con- major components. One is to make sure duction of new customers through new fidentiality clauses that would restrict children have every opportunity for people gaining insurance who never them from revealing the prices paid for more early learning. In addition, we had it before—was that part of that medical devices to third parties. In ad- need to make sure more children are would be paid back to support the over- dition, as I mentioned, the amendment covered by health insurance and get all system. That was the idea of the would require these manufacturers to quality health care. We made a lot of tax on medical devices. I realize the submit the average and median sales strides in that in the last couple of dec- medical device tax is a controversial prices of covered devices to the Sec- ades, but we still have a ways to go. tax and that strong arguments can be retary of Health and Human Services We need to make sure children are made that it should be modified or re- on a quarterly basis. protected, an issue I will speak about duced. But the repeal of the medical In 2007, my good friend Senator today in particular. Obviously, we device tax would cost the government GRASSLEY from Iowa sponsored a bipar- want to put in place better strategies $29 billion over the next 10 years. That tisan bill to create a process of report- to make sure children have enough to is money, as we all know, that has to ing this kind of price data to HHS, and eat and are eating food that is nutri- be replaced somewhere else. So I think I believe it is time to do just that. tious. So today I will focus on the ques- that is a consideration that has to be To the extent that prices of tion of protection. taken into account as we discuss this implantable medical devices, which are We know that as we head into the matter which is under consideration as very expensive generally, are not dis- last couple of days of the school year, part of the tax extenders package. closed, the ability of hospitals to bring children are starting to look forward to As I looked into this issue and price information to bear in negotia- summer activities such as camp and thought about the medical device in- tions and decisions is clearly limited. I summer sports and other activities. dustry, I was surprised to find it is very believe if we are going to talk about re- That is the good news. The bad news is difficult to find out the price of an pealing a medical device tax, we should that can create opportunities for peo- implantable medical device. One of the also talk about calling upon the indus- ple who would do them harm. It is im- reasons is that the hospitals, which are try to provide to consumers and policy- portant to reiterate the responsibility the purchasers of these devices, are makers greater transparency in order adults have generally but in particular often prevented by agreements with to better control costs. at this time of the year. the medical device company from re- In a world of limited resources, we Adults have an abiding responsibility vealing the price they pay. In other have to spend the money we have most to protect children from harm and to words, there is no transparency about wisely. It is very difficult to spend speak up, literally to speak up when

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Under adults who work with children to re- For example, in 2012, in Pennsylvania the Speak Up Act, States would have member their responsibility to speak there were 3,565 substantiated reports to require all of these adults to be up and to act to protect children, to of child abuse and neglect. Across the mandated reporters or forfeit their make sure they know how to report Nation, 678,047 children were victims of Federal funding under the so-called abuse and neglect, if necessary. abuse and neglect in the country as a CAPTA Act, the Child Abuse and Pre- If you are in that category of man- whole, although I think it is important vention Treatment Act. dated reporters already, you obviously to point out the number I read from The Speak Up Act also requires that not only have a legal duty to report, Pennsylvania: 3,565 substantiated re- these mandated reporters give their re- but I think you have a responsibility to ports of child abuse and neglect. ports directly to State authorities re- find out today how you report, what That means two things: It was re- sponsible for investigating child abuse method will you employ, what resource ported, and we know the overwhelming and neglect. In some States, and in will you access to report instances of number do not get reported. So even Pennsylvania I am pleased to report, child abuse or suspected child abuse. among the category of those that were there is a unified system of reporting, But even if you are not sure you are in reported, they had to be substantiated which is called the ChildLine, that ac- that category of mandated reporter, if reports of abuse and neglect. I believe cepts all reports. In this case, in Penn- you are an adult and you have an obli- if we had just a broad category of chil- sylvania, one could call an 800 number gation to or your job entails working dren in our State—and it is true of a with children, I believe you have an ob- lot of other States as well—who are the and report child abuse and neglect. I have asked myself—and I am not ligation to find out not only when you victims of abuse and neglect, it would sure we will ever get the answer to are a mandated reporter but how you far exceed 3,565 cases, but that number this—what if—not only in a random set can report suspected cases of abuse and alone is horrific and should cause us to of cases but in the case of Penn State— neglect. do a lot more than we are doing, not Of course, if you are an adult, it may just in Pennsylvania but around the one adult or more than one adult had not be legally required. It doesn’t, of country. We saw in Pennsylvania a called an 800 number early in the case course, foreclose the possibility that horrific example. Many people read the history, even with a suspicion, reason, you could and should report instances news about Penn State over the last or grounded in fact, but a suspicion or of abuse and neglect, even if you don’t couple of years. In that case, children direct evidence of child abuse? What if were being abused by an individual they had called that number. Could have a legal duty. I believe every adult has some kind they were supposed to be able to trust, children have been protected; could of duty—maybe not in law but cer- an authority figure and other author- child abuse have been prevented? tainly a duty as a citizen and as an ity figures who did little about report- I don’t know the answer, but I think adult—to be vigilant, to keep your eyes ing it. if more people use that kind of method, We know there is a significant vari- they might be able to prevent a lot open, and to focus your attention on ation across the country in the types more cases of abuse. protecting children. We all have an or categories of adults who are re- Other States may require reporting abiding obligation. quired by law to report suspected or to law enforcement or so-called child This is a time of the year when chil- known child abuse and neglect. Not all protective agencies. dren have a lot of time away from States require, for example, camp Finally, the act itself, the Speak Up school, and they have a lot of enjoy- counselors to be so-called mandated re- Act, closes a loophole in an existing ment in the summer. We should make porters under the law, meaning an law that can leave children in danger sure we are being very vigilant, adult who has a legal duty by statute because their abuser is from another though, at this time of the year to to report on child abuse or suspected State or because a child was visiting speak up and to protect our children. child abuse. Some States have a long another State when he or she was I yield the floor, and I suggest the ab- list of categories, some States have abused. sence of a quorum. shorter lists. We know not all States In the summer this becomes espe- Ms. STABENOW. I ask unanimous require camp counselors or even coach- cially relevant when children may be consent that the order for the quorum es to report instances. So we need to do attending camps where they are not call be rescinded. something about that. That is why I just going back and forth to camp—a The PRESIDING OFFICER. Without have introduced legislation to directly camp where they stay overnight, night objection, it is so ordered. address it. after night, or other programs where BOWEN NOMINATION The Speak Up to Protect Every they might have access to or be en- Ms. STABENOW. I will take just a Abused Kid Act, which is more simply rolled in, I should say, another State. moment. Our colleague from Louisiana known as the Speak Up Act, would re- Under the Speak Up Act, we make it was on the floor a while ago referring quire all States to pass and enforce a clear that the State where the incident to one of the nominees we will have law requiring adults with a profes- occurred has the obligation to inves- coming up for a cloture vote in a mo- sional responsibility to children to re- tigate the incident, and other States ment to the Commodities Futures port instances of known or suspected must help if necessary. So that gives a Trading Commission, which is so sig- child abuse in order for States to re- further protection to children that is nificant. ceive funding through the Child Abuse not in the law today. I want to correct a few things in the Prevention and Treatment Act, the so- The legislation in the Speak Up Act record for my colleagues and first re- called CAPTA legislation, the Federal will provide as well standard reporting mind everyone that Ms. Bowen, who statute that focuses on child abuse and requirements across all States while will be the nominee in front of us, was neglect prevention and response. still allowing States to go beyond what unanimously confirmed by the Senate So if they are going to have the ben- is required if they seek to do that. to be a director of the Securities Inves- efit of those Federal dollars, they have I don’t know why we don’t have this tor Protection Corporation, where she to do more to protect children. That is in law already. Why should we have a has honorably served, after 25 years of what we are saying to States. The leg- variety of measures in place to protect representing clients in complex finan- islation will close a loophole that al- children? We should standardize that. cial transactions as a partner of a lows abusers to get away with heinous Every State should meet a certain min- major international firm. crimes and emphasize the responsi- imum standard when it comes to pro- The issue that has been raised on the bility of all adults to protect children tecting children. If States want to add floor relates to a decision that was from abuse and neglect. people to their mandated reporter list, made unanimously by the board she

VerDate Mar 15 2010 02:07 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S03JN4.REC S03JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 3, 2014 CONGRESSIONAL RECORD — SENATE S3353 chairs that relates to a particular case once already, and I would urge col- Cruz Isakson Risch Enzi Johanns Roberts where there is no question that there leagues to join together to support Fischer Johnson (WI) Rubio were citizens who were ripped off in a moving forward on this nomination Flake Kirk Scott Ponzi scheme, the Stanford Ponzi with the cloture vote and ultimately to Graham McCain Sessions scheme, in fact. support her. Grassley McConnell Shelby Hatch Moran Thune The question that came before this She has strong support throughout Heller Murkowski Toomey board that covers certain kinds of the country, is known for standing up Hoeven Paul Vitter losses is whether what happened is for victims, and will play a very impor- Inhofe Portman Wicker something that could be covered under tant role and be a very important voice NOT VOTING—6 this particular entity, the Securities going forward with the Commodities Booker Cochran Rockefeller Investor Protection Corporation. Futures Trading Commission. Boozman Lee Udall (CO) Based on legal advice, outside coun- I yield the floor. The nomination was confirmed. sel, and review, the board unanimously The PRESIDING OFFICER (Ms. looked at this and said, unfortunately, HEITKAMP). The Senator from Vermont. f due to law—which was written by Con- Mr. LEAHY. Madam President, what CLOTURE MOTION gress—this particular board could not is the regular order? The PRESIDING OFFICER. The clo- cover the fraud victims in this par- The PRESIDING OFFICER. The time ture motion having been presented ticular case. until noon is equally divided on the under rule XXII, the Chair directs the This subsequently went to the Fed- Harper nomination. clerk to read the motion. eral District Court for the District of Mr. LEAHY. Has that time expired? The assistant bill clerk read as fol- Columbia, which concluded the current The PRESIDING OFFICER. The hour lows: law does not authorize SIPC to cover of 12 noon having arrived, all these particular fraud victims. This postcloture time is expired. CLOTURE MOTION has now gone on to the Court of Ap- The question is, Will the Senate ad- We, the undersigned Senators, in accord- peals. vise and consent to the nomination of ance with the provisions of rule XXII of the SIPC and Ms. Bowen have indicated Standing Rules of the Senate, hereby move Keith M. Harper, of Maryland, for the to bring to a close debate on the nomination that if the Court of Appeals rules in rank of Ambassador during his tenure favor of the victims, they are more of Sharon Y. Bowen, of New York, to be a of service as United States Representa- Commissioner of the Commodity Futures than happy to include them and to re- tive to the U.N. Human Rights Council. Trading Commission. imburse them for the terrible situation Mr. INHOFE. I ask for the yeas and Harry Reid, Debbie Stabenow, Richard J. they all found themselves in. This is a nays. Durbin, Barbara Boxer, Michael F. legal question of whether this par- The PRESIDING OFFICER. Is there a Bennet, Benjamin L. Cardin, Ron ticular fund is allowed to reimburse sufficient second? Wyden, Joe Donnelly, Christopher A. these particular victims of fraud. There Coons, Mark Begich, Tim Kaine, Rob- There appears to be a sufficient sec- ert P. Casey, Jr., Sherrod Brown, Pat- have been over 9,000 victims who have ond. been reimbursed through this fund in a rick J. Leahy, Tom Harkin, Angus S. The clerk will call the roll. King, Jr., Amy Klobuchar. lot of different situations, but it is a The bill clerk called the roll. The PRESIDING OFFICER. By unan- legal question. Mr. DURBIN. I announce that the The way this has been interpreted by imous consent, the mandatory quorum Senator from New Jersey (Mr. BOOKER), call has been waived. our colleague from Louisiana—that the Senator from Colorado (Mr. somehow this is something personal The question is, Is it the sense of the UDALL), and the Senator from West that Ms. Bowen is involved in to try to Senate that the nomination of Sharon Virginia (Mr. ROCKEFELLER) are nec- Y. Bowen, of New York, to be a Com- stop these people, these victims, from essarily absent. being able to be reimbursed and made missioner of the Commodity Futures Mr. CORNYN. The following Senators Trading Commission for a term expir- whole—is absolutely false. Again, this are necessarily absent: the Senator is an issue in the court. If the court ing April 13, 2018, shall be brought to a from Arkansas (Mr. BOOZMAN), the Sen- rules in favor of those who were vic- close? ator from Mississippi (Mr. COCHRAN), tims of this Ponzi scheme, then the The yeas and nays are mandatory and the Senator from Utah (Mr. LEE). group, the agency, the Securities In- under the rule. Further, if present and voting, the vestor Protection Corporation, has in- The clerk will call the roll. Senator from Arkansas (Mr. BOOZMAN) dicated they will move forward and in- The bill clerk called the roll. would have voted ‘‘nay.’’ clude them under the scope of their re- Mr. DURBIN. I announce that the The PRESIDING OFFICER. Are there sponsibility for reimbursement. Senator from New Jersey (Mr. BOOKER), any other Senators in the Chamber de- Certainly what happened to people in the Senator from West Virginia (Mr. siring to vote? this situation is terrible. I understand ROCKEFELLER), and the Senator from The result was announced—yeas 52, their concerns and wanting to find a Colorado (Mr. UDALL) are necessarily nays 42, as follows: way to be able to be made whole. But absent. this is a legal question that was unani- [Rollcall Vote No. 165 Ex.] Mr. CORNYN. The following Senators mously decided by a board of directors, YEAS—52 are necessarily absent: the Senator of which Ms. Bowen is now the chair, it Baldwin Heinrich Nelson from Arkansas (Mr. BOOZMAN), the Sen- was recommended by outside counsel, Begich Heitkamp Pryor ator from Mississippi (Mr. COCHRAN), Bennet Hirono Reed and the Senator from Utah (Mr. LEE). and it was also something that was Blumenthal Johnson (SD) Reid Further, if present and voting, the upheld by the Federal district court. It Boxer Kaine Sanders is now in the Court of Appeals. If the Brown King Schatz Senator from Arkansas (Mr. BOOZMAN) Court of Appeals changes and reverses Cantwell Klobuchar Schumer would have voted ‘‘nay.’’ Cardin Landrieu Shaheen the lower court, then they will act ac- Carper Leahy The PRESIDING OFFICER. Are there Stabenow Casey Levin any other Senators in the Chamber de- cordingly. Tester Coons Manchin We should not have the situation Udall (NM) siring to vote? Donnelly Markey The yeas and nays resulted—yeas 50, where a very qualified member and Durbin McCaskill Walsh nominee for this very important over- Feinstein Menendez Warner nays 44, as follows: sight agency, the futures industry, Franken Merkley Warren [Rollcall Vote No. 166 Ex.] Whitehouse would be held responsible or somehow Gillibrand Mikulski Hagan Murphy Wyden YEAS—50 be caught up in the politics. I appre- Harkin Murray Baldwin Cardin Franken ciate the legitimate concerns, but to Begich Carper Gillibrand NAYS—42 lay those at the feet of this woman, at Bennet Casey Hagan this point, simply is not fair. Alexander Burr Collins Blumenthal Coons Harkin Ayotte Chambliss Corker Boxer Donnelly Heinrich Again, she was, on her qualifications, Barrasso Coats Cornyn Brown Durbin Heitkamp unanimously confirmed by the Senate Blunt Coburn Crapo Cantwell Feinstein Hirono

VerDate Mar 15 2010 02:07 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S03JN4.REC S03JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3354 CONGRESSIONAL RECORD — SENATE June 3, 2014 Johnson (SD) Merkley Shaheen Calendar No. 798, Burwell; further, that treaty known as the Kyoto Protocol in Kaine Mikulski Stabenow there be 2 minutes for debate prior to December of that year, but it never got King Murphy Tester Klobuchar Murray Udall (NM) each of these votes, equally divided in around to having it ratified here in the Leahy Nelson Walsh the usual form; that any rollcall votes, Senate largely because of a unanimous Levin Pryor Warner following the first in each series, be 10 resolution this Chamber passed several Manchin Reed Warren minutes in length; that if any nomina- months earlier. Markey Reid Whitehouse McCaskill Schatz The sense-of-the-Senate resolution I Wyden tion is confirmed, the motion to recon- Menendez Schumer sider be considered made and laid upon alluded to a moment ago was voted on NAYS—44 the table, with no intervening action in July 1997, and it received 95 votes in favor and 0 votes opposed. Ninety-five Alexander Flake Murkowski or debate; that no further motions be Ayotte Graham Paul in order to the nominations; that any Senators expressed their opposition to Barrasso Grassley Portman statements related to the nominations any climate change agreement that Blunt Hatch Risch be printed in the RECORD and that the would result in serious harm to the Burr Heller Roberts Chambliss Hoeven President be immediately notified of economy of the United States. They Rubio also rejected any agreement that failed Coats Inhofe Sanders the Senate’s action. Coburn Isakson Scott The PRESIDING OFFICER. Without to include other countries, and that is Collins Johanns Sessions for good reasons I will explain in a mo- Corker Johnson (WI) objection, it is so ordered. Shelby Cornyn Kirk Mr. REID. Madam President, with ment. Thune Crapo Landrieu this agreement we will have four roll- The message sent by these 95 Sen- Cruz McCain Toomey ators—a unanimous vote in the Sen- Vitter call votes today at 4 p.m. and as many Enzi McConnell ate—is pretty clear. It makes abso- Fischer Moran Wicker as four rollcall votes on Wednesday at 11 a.m. lutely no sense for America to adopt NOT VOTING—6 job-killing carbon regulations while f Booker Cochran Rockefeller CO2 emissions from developing coun- Boozman Lee Udall (CO) RECESS tries continue to skyrocket and are not The PRESIDING OFFICER. On this subjected to the same restrictions. The PRESIDING OFFICER. Under vote the yeas are 50, the nays are 44. Don’t just take my word for it. Lis- the previous order, the Senate stands The motion is agreed to. ten to what one of the most prominent in recess until 2:15 p.m. f supporters of the 1997 resolution, Sec- Thereupon, the Senate, at 12:52 p.m., retary of State John Kerry—at the NOMINATION OF SHARON Y. recessed until 2:15 p.m. and reassem- time he was the junior Senator of Mas- BOWEN TO BE A COMMISSIONER bled when called to order by the Pre- sachusetts—had to say: OF THE COMMODITY FUTURES siding Officer (Ms. BALDWIN). It’s just common sense that if you are real- TRADING COMMISSION f ly going to do something to effect global cli- The PRESIDING OFFICER. The mate change, and you are going to do it in a NOMINATION OF SHARON Y. clerk will report the nomination. fair-minded way . . . we need to have an BOWEN TO BE A COMMISSIONER agreement that does not leave enormous The bill clerk read the nomination of OF THE COMMODITY FUTURES components of the world’s contributors and Sharon Y. Bowen, of New York, to be a TRADING COMMISSION—Continued future contributors of this problem out of Commissioner of the Commodity Fu- the solution. tures Trading Commission. The PRESIDING OFFICER. Under In effect, what he was saying was: The PRESIDING OFFICER. Pursuant the previous order, the time until 4 Why would America do this to itself to the provisions of S. Res. 15 of the p.m. will be equally divided between and throw a wet blanket on job cre- 113th Congress, there will be up to 8 the two leaders or their designees. ation and economic growth when other hours of postcloture consideration of Who yields time? If neither side countries were going to continue to yields time, all time will be equally the nomination, equally divided in the produce CO2 unabated? usual form. charged. One of the cosponsors of this resolu- The majority leader. Mr. CORNYN. Mr. President, we are tion was the late Democratic Senator Mr. REID. Madam President, I ask not in a quorum call, are we? Robert Byrd. The Presiding Officer unanimous consent that with respect The PRESIDING OFFICER (Mr. knows Senator Byrd and his legacy to the Harper nomination the motion MANCHIN). The Senator is correct. very well. While explaining his opposi- to reconsider be considered made and EPA RULE tion to the Kyoto-style climate deals, laid upon the table and President Mr. CORNYN. Mr. President, 17 years Senator Byrd said: Obama be immediately notified of the ago the Senate voted on something I don’t think the Senate should support a Senate’s action. called a sense-of-the-Senate resolution treaty that requires only half of the world The PRESIDING OFFICER. Without designed to protect American workers . . . to endure the economic costs of reducing objection, it is so ordered. and their families from misguided pol- emissions while developing countries are free to pollute the atmosphere, and in so doing, Mr. REID. Madam President, I ask icy with regard to CO2 regulations. Of siphon off American industries. unanimous consent that notwith- course, CO , or carbon dioxide, is a nec- 2 Another cosponsor was Secretary of standing rule XXII, the time following essary element of life, and plant life Defense Chuck Hagel, who was then the the scheduled recess until 4 p.m. be depends on CO for photosynthesis, 2 junior Senator from Nebraska. He de- equally divided and controlled between which helps make them green. To hear scribed the likely consequences of the two leaders or their designees, and some of the psuedoscientists talk about Kyoto-style agreements in these terms: at 4 p.m. all postcloture time be ex- CO here in Washington, you would 2 As industries flee the United States and pired and the Senate proceed to vote on think it was poison. Suffice it to say, other industrialized countries, they would confirmation of Calendar No. 755, 17 years later the Obama administra- re-establish themselves in developing coun- Bowen; that following disposition of tion is trying to enact similar legisla- tries that have much weaker environmental Calendar No. 755, the Senate proceed to tion that was rejected 17 years ago by standards than our own. vote on cloture on Calendar Nos. 691, the Senate in that sense-of-the-Senate I have just one more point about the Mastroianni; 692, Hendricks; 733, resolution. Kyoto Protocol, which was unani- Chutkan in the order listed; further, Back in 1997 Members of the Senate mously voted down, in essence, 17 years that if cloture is invoked on any nomi- were concerned that the Clinton ad- ago. nation, then, on Wednesday, June 4, ministration might sign a global cli- A year after that, in 1998, there was a 2014, at 11 a.m., all postcloture time on mate change treaty that imposed high- then-unknown Illinois State senator the nominations be expired and the er costs on the United States while ex- who voted on legislation that de- Senate proceed to vote on confirmation empting developing countries such as nounced Kyoto and prohibited State of the nominations in the order listed; China or India. These concerns turned regulation of greenhouse gases in Illi- further, that following these votes, the out to be well-founded. The Clinton ad- nois. If you guessed it was Barack Senate proceed to vote on cloture on ministration did indeed sign such a Obama, you would be right.

VerDate Mar 15 2010 02:07 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S03JN4.REC S03JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 3, 2014 CONGRESSIONAL RECORD — SENATE S3355 One of the State senators voting in impact whatsoever on developing coun- percentage point. One of the reasons favor of the bill, condemning Kyoto, tries such as China and India. Indeed, why the economy shrank is because of and banning State regulations of China—by a very wide margin—is al- overly burdensome regulations where greenhouse gases in Illinois was Barack ready the planet’s largest CO2 emitter. there is no cost-benefit analysis, much Obama. President Obama voted for leg- The U.S. Government estimates that less any cost-benefit calculus whatso- islation that explicitly rejected the China alone will account for nearly ever. type of CO2 regulations that he is now half of all growth in worldwide emis- According to one estimate, between trying to impose on the entire U.S. sions between 2010 and 2040. 2009 and 2013, Federal regulatory costs economy. In short, nothing America does by increased by nearly $500 billion—a Yesterday I discussed some of the itself or to itself will stop global emis- truly astonishing figure. Not only have costs of those regulations, how enor- sions from rising. In fact, even if we these regulations proven to be onerous mous they would be, and how they could magically reduce our own emis- and unwieldy, they have been imple- would disproportionately fall on the sions to zero over the next quarter cen- mented by agencies that are hopelessly poor and middle class in our country. tury, worldwide emissions would still incompetent at handling even basic re- The truth is most of the burden of increase significantly without major sponsibilities. higher energy costs would fall on re- reductions in China, India, and other As my friend the junior Senator from tired people, seniors, and people on a developing countries. Oklahoma said a few years ago: fixed income. Yet, despite all these costs to Amer- It is absurd to allow an agency as incom- In my State our electricity capacity ican workers and American families— petent as the EPA to exercise vast new pow- is regularly strained due to the hot Au- literally a threat due to the lack of ers when they can’t manage less complex gust summers. People in my State de- grid capacity in places such as Texas tasks. If the EPA can’t train 250,000 contrac- pend on their air conditioners for safe- because of high-priced energy—Presi- tors to manage lead paint rules . . . why ty. The threat of limited access to elec- dent Obama is moving ahead with this should we expect them to regulate the en- tricity, or higher costs that people massive new energy tax that is effec- ergy-consuming processes used in every sec- tor of the economy? can’t afford, literally threatens their tively, in the words of our colleague health and safety, and certainly their from Louisiana, all pain and no gain, If this competence question of a huge welfare. Lost jobs, lost wages, higher and he is right. bureaucracy sounds familiar, I think utility rates, and tighter family budg- To put this in context, I think it is we are now learning that when the hu- ets are the inevitable consequences of important that anyone who happens to bris overcomes the good judgment of this proposed EPA rule that was an- be listening understands a few points. leaders here in Washington and decides nounced late last week. No. 1, regardless of what the Presi- to take over one-sixth of the economy, For that matter, the EPA has also dent calls it, the proposed EPA rule is which is our health care sector, you get proposed another rule on new power- indeed a massive new national energy ObamaCare and the disaster that has plants that would impede technological tax, one that will affect all workers, all proven to be in terms of its implemen- innovation. Several of my Democratic consumers, and all families in Amer- tation. colleagues expressed their deep concern ica. None of the essential promises that about the additional EPA rule in a re- No. 2, the reason it is being enacted were made about how it would actually cent letter to the President. These via the regulatory process is because work have been kept. In other words, if seven Democrats noted that ‘‘American Members of the Senate rejected it 4 you like what you have, you can keep technology providers would be years ago at a time when even our it, the price would go down $2,500 for a incentivized to stop research and inno- Democratic colleagues had a super- family of four, and, yes, you can keep vation in coal combustion, further de- majority. In other words, they could your doctor. None of those promises laying domestic development of pio- have done it when they wanted to when have proven to be true. Yet those were neering new technologies that could be the Senate controlled the White House the promises upon which ObamaCare exported to improve plants around the and both Chambers of Congress, but was passed. Now we see the administra- world.’’ they chose not to do it then. tion make additional extravagant Earlier today one of these Democrats No. 3, it fits with a broader and deep- promises that can only be borne out of who signed the letter, and happens to ly disturbing matter. Time and time hubris based on what we have seen as be the Presiding Officer at this time, again, the President has used unelected the implementation of ObamaCare. said the Obama administration was bureaucrats to skirt the normal legis- Not only have these regulations ‘‘working against us’’ on CO2 regula- lative progress and override the will of proved to be onerous, they are not tions, and he described the EPA pro- Congress and avoid any kind of elec- going to work the way the administra- posals as ‘‘unreasonable and unaccept- toral accountability. tion predicts, except we are pretty sure able.’’ This is obviously not a partisan The point is this: When the Presi- it will kill jobs and reduce economic issue by any means. dent, who is not going to stand for growth and further extend this lengthy Any regulation that is this costly is election again, gets the Environmental recession which has been the slowest almost impossible to justify unless it Protection Agency to issue regula- economic recovery in America since was to have clear benefits that out- tions, those bureaucrats don’t run for the Great Depression. weighed those costs. President Obama’s election. The American people—my At a time of mass unemployment and EPA rule can’t lay claim to having constituents in Texas and the Pre- historically low levels of labor force enormous benefits in spite of these siding Officer’s constituents in West participation, America needs an energy huge costs. Virginia—can’t vote the rascals out of policy that is projobs and proworker Even if you agree with my friends office, so there is no accountability in and profamily. This new EPA rule is about the long-term risks posed by ris- the system. That is what the President the opposite of that. It would destroy ing CO2 emissions, and that this sort of was bragging about when he said: I jobs, it would hurt workers, and it regulation is justified, the projected have a phone, and I have a pen. He was would hurt consumers because it would growth of global emissions over the effectively saying he was going to do it raise the cost of living for middle-class coming decades has almost nothing to alone, and that is what he is trying to families, including people on fixed in- do with America and almost every- do here. comes such as seniors. The fact that thing to do with developing countries The result has been a misguided ex- such a regulation is even being consid- such as China and India. plosion of burdensome and onerous reg- ered not in Congress but in the execu- Indeed, our emissions have gone ulations, and those have a cost to our tive branch agencies such as the EPA, down over recent history. Some of that economy. The last quarter—the last 3 amid the weakest economic recovery has been due to the renaissance of nat- months of the year—we learned that since the Great Depression, illustrates ural gas, which burns cleaner. But the instead of the economy growing in a once again how misguided this admin- fact is that anything we would do way that will create more jobs and re- istration’s priorities truly are. would be confined to the United States duce unemployment, the economy ac- I wish to clarify once again that the and our economy and would have no tually contracted. It shrank by a full debate over President Obama’s EPA

VerDate Mar 15 2010 02:07 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S03JN4.REC S03JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3356 CONGRESSIONAL RECORD — SENATE June 3, 2014 rule is not about the science of climate the poverty line but are above the pov- The Washington Post reports that change; it is a debate about whether erty line; actually, above 133 percent of the government may already be paying massive regulations should be forced to the poverty line. In fact, people who incorrect subsidies to more than 1 mil- pass a simple cost-benefit analysis. The earn up to 400 percent of the poverty lion people, although that is just a best EPA rule clearly fails that test. line are eligible for these subsidies. Re- guess. These fraudulent payments—if For all of those reasons and plenty cently, the Kaiser Foundation esti- that is accurate—of course, would then more, we will be continuing to urge mated the number of people who can be costing the American taxpayers mil- President Obama, from this side of the legally qualify for these funds and re- lions, maybe billions of dollars. aisle but in a bipartisan way, to put ceive them is about 6.6 million Ameri- jobs and families ahead of politics and cans. These subsidies can be fairly When news broke about this problem ideology. large. They can exceed $10,000 a year, last month through this story in the I yield the floor and I suggest the ab- for instance, for a family of four. So we Washington Post, I wrote a letter to sence of a quorum. are talking about billions of dollars of Secretary Sebelius at the Health and The PRESIDING OFFICER. The taxpayer money. The question is, Are Human Services agency. I also wrote it clerk will call the roll. they going to the right people? I think, The assistant legislative clerk pro- to the IRS Commissioner because the because there is so much money in- obvious thing to do would be to check ceeded to call the roll. volved, the American people should be Mr. PORTMAN. Mr. President, I ask the information that is given with the able to rightly expect that the govern- unanimous consent that the order for IRS records to see whether the 1040 ment has in place a system to ensure the quorum call be rescinded. matches up with what you are saying that the people who are supposed to get The PRESIDING OFFICER. Without your income is. it are getting it and to ensure that objection, it is so ordered. In the letter, I said: Can you give us Mr. PORTMAN. I ask unanimous those who are claiming the subsidies consent to speak for 9 minutes. and receiving the taxpayer dollars are the answers about these very serious The PRESIDING OFFICER. Without eligible for them. questions that have been raised, and objection, it is so ordered. In January of this year, in response can you tell us what the Department of BURWELL NOMINATION to a requirement actually attached to Health and Human Services is doing Mr. PORTMAN. Mr. President, I ap- legislation that passed the Senate about this? called the Ryan-Murray budget—in re- preciate the Presiding Officer allowing I asked for a response by June 1. It is me to speak this afternoon. I am sponse to that legislation where there was a requirement that there be some now past June 1 and I have received speaking in the context of a nomina- nothing but silence in response. That is tion we are likely to consider on the sort of process put in place—the Sec- why I have come to the floor today to floor this week. I am told on Thursday retary of Health and Human Services, say, look, I do not think anybody on ei- we are going to be asked to confirm the Kathleen Sebelius, ensured Congress in President’s nomination of Sylvia a letter that HHS had ‘‘implemented ther side of the aisle in the Senate Burwell to be the next Secretary of numerous systems and processes to thinks this is acceptable. Some on the Health and Human Services. carry out’’ income verification proce- other side might say: Well, we are more This is a very important job for a dures. concerned about people who are not number of reasons. One reason is it is So she sent a letter to the Congress getting the subsidies they are eligible the job in charge of implementing the saying: Don’t worry about it. We have for because the verification is not in it covered. We have implemented nu- Affordable Care Act, otherwise known place to help them. That is fine. The as ObamaCare. Therefore, I think it is merous systems and processes to carry out income verification procedures. point is that the subsidies ought to go an appropriate time to talk about the Unfortunately, what we are finding to the people who are eligible. Whether urgent need for us to address some of out now—and here we are, gosh, 6 they are overstating or understating the continuing problems we have had months later—is that a lot of those as- their income and therefore made eligi- with implementation. surances might not be accurate, that it ble or not eligible, there ought to be a This whole subject of ObamaCare of appears as though they have not put in system in place. That is a minimum re- course has divided this Chamber pretty place these processes. quirement, I would think, that we sharply over the last few years. Part of The Washington Post wrote a recent the reason is it was forced through the would all want to have in place to be article that got my attention. It got able to, again, save these payments Congress without a single bipartisan my attention because it reported that, from going out in a fraudulent way, to vote; in other words, all Democratic in fact, no permanent system has been votes and not a single Republican vote. built that is capable of verifying those the tune of what could be billions of Also, it was pushed through quickly, so eligible to receive the subsidies. In dollars. I cannot imagine anyone it resulted in a lot of problems. We fact, according to internal reports that thinks the current situation is accept- have seen that in terms of the imple- were obtained by the Washington Post, able. mentation of ObamaCare generally, in- since no computer capability for So we are going to see if HHS gets its cluding some of the computer problems verifying eligibility yet exists, Health act together and gets serious about en- and some of the concerns people have and Human Services will begin sorting forcing these rules. I think it is going about having their health care can- through all these applications by hand to require new leadership. That is why celed and so on. at some indefinite date in the future. I am hoping that with the nomination I wish to speak about a specific issue So this is concerning. These internal with regard to implementation, one on reports are not reports we have here in and debate this week of Sylvia Burwell which I hope we could be together, that Congress. They are not reports my con- to be the next Secretary of HHS, we this issue would unite us as Repub- stituents have. The American people can have a discussion about this issue licans and Democrats—that we would have not been able to see these reports. and that she can provide some of that take forceful action to deal with it. It But the Washington Post got hold of new leadership from the top to ensure is an issue I think all of us agree on be- some that showed, in fact, they have that indeed we do have accountability cause it has to do with the taxpayers. not put in this permanent system or an through the system and we can figure It has to do with money that might be automated system of any kind that out whether this situation will be re- going out under ObamaCare that is not you would normally expect with this solved. appropriate. It is ensuring that the kind of money going out the door. Unfortunately, I think it is also subsidy payments in ObamaCare are So here we are in 2014 and the U.S. going to require leadership from the going to the people who actually qual- Government is going to comb through, ify for them. I guess by hand, literally millions of top-top, meaning from the White House As this Chamber knows, the subsidies documents of people who are claiming as well. This is not an isolated inci- started to flow on January 1. subsidies—by hand—and try to figure dent, unfortunately, of incompetence, I ObamaCare provides subsidies to out how to deal with it. It is like some- would say, on behalf of our Federal health care premiums for low- and mid- thing out of a bad movie, but it is not Government in implementing in this dle-income Americans who don’t qual- a laughing matter because the con- case a very complicated law. We have ify for Medicaid. They are not under sequences are significant. seen this recently with the scandal

VerDate Mar 15 2010 02:07 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S03JN4.REC S03JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 3, 2014 CONGRESSIONAL RECORD — SENATE S3357 that has involved the VA—the VA went to Augustana College, which is in sities. Ten percent of America’s high health system—another big com- the Quad Cities, and then went to Illi- school graduates go to these schools. plicated system that is obviously not nois State University in Normal, IL, These schools receive 20 percent of all working to take care of the needs of and then down to the University of Illi- Federal aid to education—10 percent of our veterans, who should be at the nois. the students, 20 percent of the Federal front of the line receiving the best care At each one of those campuses I had aid. and too often we find out are at the a press conference about student debt. These for-profit colleges and univer- back of the line or maybe are not on Student debt today has reached a point sities receive over $32 billion a year in the list at all, as we saw with regard to where we have to pay close attention Federal aid. Why is it so much if they the Phoenix VA center, where 1,700 to it—and we should. The vast major- only have 10 percent of the students? people were just taken off the list alto- ity of Americans ask a very basic ques- Because they charge so much when it gether. We have seen it with regard to tion: Senator, is there anything you comes to tuition. But here is the num- the IRS scandal, where you have the are doing today that really is going to ber: 46. Forty-six percent of all student Internal Revenue Service actually help my family? For 44 million Ameri- loan defaults are students out of for- going after Americans because of their cans currently paying on student loans profit colleges and universities. political beliefs. Nothing could be more in America, legislation that is going to Why? Worthless diplomas, too much wrong in terms of building faith and be introduced tomorrow can make a debt, and the students cannot find trust in our Federal system than to big difference. work to pay off their debts. Now, what think that the tax collector is going I am cosponsoring a bill with ELIZA- if you have a college loan? There is after folks because of their political be- BETH WARREN, the Senator from the something you ought to know about it. liefs. Commonwealth of Massachusetts, a You probably heard it. It bears repeat- So all these recent issues that have very bright lady who was on the fac- ing. There are only a handful of debts come up of incompetence and of the ulty of the Harvard Law School and in America that you can incur as an government not keeping the trust are who understands these issues better American citizen that cannot be dis- bad. It is bad even in good times. than almost anyone I have ever met. charged in bankruptcy: taxes—you Today is not good times because al- She is leading the way on a college stu- have to pay those—child support, ali- ready that faith in the Federal Govern- dent loan refinancing bill. mony, and college student loans. ment is at record lows. The faith in Here is what we are trying to do. We No matter what happens to you fi- this institution is at a record low, they are trying to get those students who nancially, there is virtually no way say. are trapped in big debts with high in- out. The loan you take out to go to col- It should be our responsibility to terest rates a chance to refinance their lege is with you for a lifetime. Even in begin to rebuild that faith by doing loans. How significant could it be? bankruptcy you cannot discharge it. At what makes sense. What is going on at Well, when I met these students at dif- the end of bankruptcy, it is still sitting HHS does not make sense. Everyone ferent schools, they told me their sto- there. Unfortunately, the interest is knows there needs to be a system in ries. As a former college borrower my- growing. place and a permanent automated sys- self, as a father raising three kids who That is why we have to take a look tem to deal with this; the same with went through college, it was sad. It was at it. Let’s move aside from the for- the VA, the same with the IRS. I hope really sad to hear their stories because profit college world, which I think is a we see that kind of leadership. I hope the amount of debt that students are separate issue, but a very important we can do that because it is the right running into now is dramatically high- one, and look at the big picture. For thing to do for taxpayers, but it also er than anything those of us who were too many Americans the promise of a rebuilds trust in the American Govern- in the early stages of college loans ever fair shot at an affordable college edu- ment system. To do that is going to re- experienced. cation has become a long shot. Average quire some serious and immediate ac- I will not even tell you how much I tuition and fees at 4-year public col- tion. borrowed because it makes me sound leges has more than tripled in the last In the case of HHS, I call on the ad- ancient. But it scared me to death 30 years. I can guarantee you that in- ministration today to make good on when I borrowed that money to go come for American families has not the promise they made in January through college and law school for fear tripled in that same period. where they said: No problem. We have I would never pay it back. It turns out Tuition has outpaced inflation for 32 it covered. We have a system in place I did as I was supposed to. But students straight years. The cost of education at to ensure that there are not today many times find themselves so all colleges and universities has been mispayments going out, that only folks deeply in debt they just cannot get out going up dramatically. No other major who are eligible are going to get these from under it. consumer expenditure, including payments. Now, I am going to set over here on health care, can make that claim. It is In the process of Sylvia Burwell’s this side a whole category of speeches not just low-income students who feel nomination, let’s raise this issue. Let’s on institutions known as for-profit col- the impact of these rising costs. It is encourage her to show leadership at leges and universities. They are in a middle-income students and their fami- HHS to be able to deal with this issue. special place in my thinking. For-prof- lies as well. Since 2003 the amount of Let’s ensure that subsidies are going to it colleges and universities, who are student loan debt in America has quad- the right people and that taxpayers are they? The biggest one is the University rupled. Nationally there are now al- being protected. of Phoenix. Apollo Group owns a series most 40 million borrowers with more I thank the Presiding Officer for the of universities. You have seen their ad- than $1 trillion in debt. There is more time. vertising, I will bet. student loan debt in America today I yield the floor and suggest the ab- They, at one point, had over 450,000 than the combined sum total of all sence of a quorum. students in this University of Phoenix credit card debt. That is more than The PRESIDING OFFICER. The network of schools across the country. there is in auto loans. Only mortgages clerk will call the roll. The second biggest is DeVry, another would be a higher category of debt in The assistant legislative clerk pro- for-profit university out of my State of terms of its total cost. ceeded to call the roll. Illinois. Kaplan is the third largest. I The average student loan debt in- Mr. DURBIN. Mr. President, I ask am going to set them over here because creased by 49 percent between 2005 and unanimous consent that the order for they are in a special category. They 2012 to $27,850. On average, Illinois the quorum call be rescinded. are in a category of colleges and uni- graduates in the class of 2012 left with The PRESIDING OFFICER. Without versities that we ought to be doing a little over $28,000 in debt, but their objection, it is so ordered. something about. individual debts, as you might guess, STUDENT LOAN DEBT Three numbers tell the story about are much higher; and 1.7 million Illi- Mr. DURBIN. Mr. President, during the for-profit colleges and universities. noisans have outstanding student loan this last break I went back to Illinois Ten percent of high school graduates debt out of a population of about 12.5 and visited a lot of college campuses. I go to for-profit colleges and univer- million.

VerDate Mar 15 2010 02:07 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S03JN4.REC S03JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3358 CONGRESSIONAL RECORD — SENATE June 3, 2014 What effect does $1 trillion in student class, it is more important than ever to take some money to do it. We will loan debt have on the American econ- that people get educated, trained, and put in the Buffett rule so millionaires omy. The Federal Reserve warns us skilled for better jobs. Only college- pay more in their income taxes. They that it is threatening current and fu- educated workers have had wage gains say: We don’t want any part of it. We ture economic growth. The student in the past 30 years. If you don’t go the will not increase taxes on anybody. loan debt crisis has been compared to college route, your chances of success Well, by taking that position, they the mortgage crisis we went through 8 are diminished dramatically. That is are sticking 44 million Americans with or 9 years ago. It is ingrained in Amer- why we want to address these serious college loan debt at higher interest ican culture that each successive gen- issues. rates and all the problems they gen- eration wants to do better than the This bill I am talking about, the one erate. previous one. But student loan debt is we are going to introduce tomorrow, Which is better, that millionaires crippling middle-class growth for will give students with college student pay a little more so working families younger generations. loan debt who are current on their across America have a fair shot of pay- Currently the median household loans an opportunity to refinance. ing off their college loans or saying we wealth of people my age, in the 55-to-65 I talked to Mabinty and other stu- are not going to touch the Tax Code for bracket, is 44 times the net worth of dents. It meant for her that her inter- any reason whatsoever—and isn’t it a the median household of people young- est rate would come down from 6.8 per- darn shame for these students and er than 35. People under the age of 35 cent to 3.8 percent. If you have ever their families. are struggling. This is historically un- gone out to get a mortgage or you Well, it is pretty obvious to me what precedented and has a lot to do with know somebody who did, they will ex- we should be doing. the student loan debt. plain to you that 3 percent of your in- I met Shiann Poshard last week at Il- I have heard from so many people in terest rate is a big deal. If you can get linois State University. She graduated my State about this issue. They say your interest rate reduced by 3 percent, with a teaching degree and about student loan debt is preventing them your chances of paying off the prin- $30,000 in student debt. She has a job, from buying a car, borrowing any more cipal are going to be a lot better. and she is going to be teaching in pub- money to finish their education, hav- This bill I have cosponsored with lic schools in Eureka, IL. Even so, on a ing their own place to live, getting ELIZABETH WARREN, JACK REED, and first-year teaching salary—with an up- married and, once married, having others is called the Bank on Students coming wedding, incidentally—her stu- children. I have met couples who have Emergency Loan Refinancing Act. It dent loan debt will undoubtedly be a said: We made a family decision; no will help millions of current borrowers burden. If she is allowed to refinance kids until we pay off the student loans; refinance their Federal or private stu- her loan, which she took out at 6.8 per- I am not sure we will be able to pay dent loans into these lower Federal in- cent, she could cut her interest rate al- them off in time to make that decision. terest rates. Those with Federal loans most in half. That will make a big dif- Think about that for a second. They can refinance into lower rates, the ference. cannot even start a family because of same rates available to students who Tomorrow, when this legislation is the student debts and the fear that took out new loans this year. introduced, I hope anyone who has a they are going to default on them. I Under the Warren bill, those with family, where they have borrowed heard it firsthand back in Illinois last private loans—many of whom have money for college, who has a son or week. One student I met, Mabinty sky-high interest rates and are facing daughter deep in debt and wondering Tarawallie, is struggling with student collection agencies beating up on how they are going to get out from loan debt even though she has done ev- them—can refinance with Federal under it, contact your Senator or your erything right. She immigrated to the loans with lower rates and strong con- Congressman and ask them: Are you United States from Africa when she sumer protection. Refinancing, inci- going to be part of this college student was 11 years old. Her family was very dentally, is fully paid for. This is a loan refinancing effort? poor but they told her: You have to point I want to make, because this is I hope they will say yes. We need bi- have an education. where we lose the other side of the partisan support to help these students She graduated from high school, aisle. This is where we can’t find bipar- out of the debt they are facing today. went to a local community college—a tisan cosponsorship for refinancing col- I yield the floor. The PRESIDING OFFICER. Under good place to start—and completed her lege loans. undergraduate degree in sociology at Here is how we pay for it. the previous order, there will be 2 min- the University of Illinois. The PRESIDING OFFICER. The time utes of debate prior to the vote on the She told me she wanted to help oth- of the Senator has expired. confirmation of the nomination. ers pick themselves up out of poverty Mr. DURBIN. I ask for 2 additional Mr. DURBIN. I ask unanimous con- as she did, so she went to graduate minutes. sent to yield back all time on the pend- school for a master’s degree in social The PRESIDING OFFICER. Without ing nomination. The PRESIDING OFFICER. Without work. She recently graduated from a objection, it is so ordered. Mr. DURBIN. Most of us have heard objection, it is so ordered. program at the University of Illinois. The question is, Will the Senate ad- the name Warren Buffett, one of the Although she was able to get through vise and consent to the nomination of wealthiest men in America. He raised her undergraduate years without much Sharon Y. Bowen, of New York, to be a the question a few years ago: Why, in debt, she spread out her graduate stud- Commissioner of the Commodity Fu- America, is my income tax rate as a ies over 3 years as she was raising her tures Trading Commission for a term multimillionaire lower than my sec- family of three kids. expiring April 13, 2018? She had one graduate assistantship, retary’s income tax rate? There is an Mr. JOHANNS. I ask for the yeas and but she had to pay for the rest with explanation in the Tax Code, but it nays. loans. To compound this problem, her isn’t a very good one. Warren Buffett The PRESIDING OFFICER. Is there a husband, another University of Illinois said I should be paying more than she sufficient second? graduate student in education, also has is paying. So we have come up with There appears to be a sufficient sec- student loans. Together, Mabinty and something called the Buffet rule, which ond. her husband, now that they have com- says if you are in the multimillionaire The clerk will call the roll. pleted their degrees, have a debt of category, you are going to pay a higher The bill clerk called the roll. $150,000. One wants be a social worker income tax rate than your secretary. The PRESIDING OFFICER. The sen- and the other wants to be a teacher. What a radical idea that is. I am just ior Senator from Michigan. Now she worries about how her fam- kidding. I think it is reasonable, and Mr. LEVIN. On this vote I have a pair ily is going to be able to cope, with that is how we pay for refinancing col- with the Senator from New Jersey [Mr. debt three times the annual salary she lege loans. BOOKER]. If he were present and voting, might receive as a social worker. The The problem is that we go to the he would vote ‘‘yea.’’ If I were per- irony is even as a college degree be- other side of the aisle and say: We want mitted to vote, I would vote ‘‘nay;’’ comes harder to afford for the middle to refinance college loans. It is going therefore, I withhold my vote.

VerDate Mar 15 2010 02:07 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S03JN4.REC S03JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 3, 2014 CONGRESSIONAL RECORD — SENATE S3359 Mr. DURBIN. I announce that the The PRESIDING OFFICER. There The assistant legislative clerk read Senator from New Jersey, (Mr. BOOKER) will now be 2 minutes of debate equally the nomination of Mark G. and the Senator from Colorado (Mr. divided prior to the vote. Mastroianni, of Massachusetts, to be UDALL) are necessarily absent. Mr. REID. Mr. President, I ask unan- United States District Judge for the Mr. CORNYN. The following Senators imous consent to yield back the time. District of Massachusetts. The PRESIDING OFFICER. Is there are necessarily absent: the Senator f from Arkansas (Mr. BOOZMAN), the Sen- objection? Without objection, all time ator from Mississippi (Mr. COCHRAN), is yielded back. CLOTURE MOTION and the Senator from Utah (Mr. LEE). By unanimous consent, the manda- The PRESIDING OFFICER. Pursuant Further, if present and voting, the tory quorum call has been waived. to rule XXII, the Chair lays before the The question is, Is it the sense of the Senator from Arkansas (Mr. BOOZMAN) Senate the pending cloture motion, Senate that debate on the nomination would have voted ‘‘nay’’ and the Sen- which the clerk will state. of Mark G. Mastroianni, of Massachu- ator from Utah (Mr. LEE) would have The legislative clerk read as follows: voted ‘‘nay’’. setts, to be United States District CLOTURE MOTION The PRESIDING OFFICER. Are there Judge for the District of Massachusetts shall be brought to a close? We, the undersigned Senators, in accord- any other Senators in the Chamber de- ance with the provisions of rule XXII of the siring to vote? The yeas and nays are mandatory under the rule. Standing Rules of the Senate, hereby move The result was announced—yeas 48, to bring to a close debate on the nomination nays 46, as follows: The clerk will call the roll. of Bruce Howe Hendricks, of South Carolina, The legislative clerk called the roll. to be United States District Judge for the [Rollcall Vote No. 167 Ex.] Mr. DURBIN. I announce that the YEAS—48 District of South Carolina. Senator from New Jersey (Mr. BOOKER) Harry Reid, Patrick J. Leahy, Al Baldwin Hagan Murphy and the Senator from Colorado (Mr. Franken, Barbara Boxer, Christopher Begich Harkin Murray A. Coons, Richard J. Durbin, Sherrod Bennet Heinrich Pryor UDALL) are necessarily absent. Blumenthal Heitkamp Reed Mr. CORNYN. The following Senators Brown, Richard Blumenthal, Carl Boxer Hirono Reid are necessarily absent: the Senator Levin, Bill Nelson, Amy Klobuchar, Brown Johnson (SD) Rockefeller from Arkansas (Mr. BOOZMAN), the Sen- Robert P. Casey, Jr., Elizabeth Warren, Cantwell Kaine Schatz Sheldon Whitehouse, Mazie K. Hirono, ator from Mississippi (Mr. COCHRAN), Cardin King Schumer Tom Harkin, Tom Udall. Carper Klobuchar Stabenow and the Senator from Utah (Mr. LEE). Casey Leahy Tester The PRESIDING OFFICER. Are there The PRESIDING OFFICER. There Coons Manchin Udall (NM) any other Senators in the Chamber de- will now be 2 minutes of debate on the Donnelly Markey Walsh motion to invoke cloture. Durbin McCaskill Warner siring to vote? Feinstein Menendez Warren The yeas and nays resulted—yeas 56, Mr. CARDIN. Mr. President, we yield Franken Merkley Whitehouse nays 39, as follows: back the time. Gillibrand Mikulski Wyden [Rollcall Vote No. 168 Ex.] The PRESIDING OFFICER. Is there NAYS—46 YEAS—56 objection? Without objection, all time is yielded Alexander Graham Paul Ayotte Harkin Murray Ayotte Grassley Portman Baldwin Heinrich Nelson back. Barrasso Hatch Risch Begich Heitkamp Pryor By unanimous consent, the manda- Blunt Heller Roberts Bennet Hirono Reed Burr Hoeven tory quorum call has been waived. Rubio Blumenthal Johnson (SD) Reid Chambliss Inhofe The question is, Is it the sense of the Sanders Boxer Kaine Rockefeller Coats Isakson Scott Brown King Senate that debate on the nomination Coburn Johanns Sanders Sessions Cantwell Klobuchar Schatz of Bruce Howe Hendricks, of South Collins Johnson (WI) Cardin Landrieu Shaheen Schumer Carolina, to be United States District Corker Kirk Carper Leahy Shelby Shaheen Cornyn Landrieu Casey Levin Judge for the District of South Caro- Thune Stabenow Crapo McCain Collins Manchin lina, shall be brought to a close? Cruz McConnell Toomey Tester Vitter Coons Markey The yeas and nays are mandatory Enzi Moran Donnelly McCaskill Udall (NM) Wicker Fischer Murkowski Durbin Menendez Walsh under the rule. Flake Nelson Feinstein Merkley Warner The clerk will call the roll. Warren PRESENT AND GIVING A LIVE PAIR—1 Franken Mikulski The assistant legislative clerk called Gillibrand Murkowski Whitehouse the roll. Levin Hagan Murphy Wyden Mr. DURBIN. I announce that the NOT VOTING—5 NAYS—39 Senator from New Jersey (Mr. BOOKER), Booker Cochran Udall (CO) Alexander Flake Moran the Senator from Louisiana (Ms. LAN- Boozman Lee Barrasso Graham Paul DRIEU), and the Senator from Colorado Blunt Grassley Portman The nomination was confirmed. Burr Hatch Risch (Mr. UDALL) are necessarily absent. f Chambliss Heller Roberts Mr. CORNYN. The following Senators Coats Hoeven Rubio are necessarily absent: the Senator CLOTURE MOTION Coburn Inhofe Scott Corker Isakson Sessions from Arkansas (Mr. BOOZMAN), the Sen- The PRESIDING OFFICER. Pursuant Cornyn Johanns Shelby ator from Mississippi (Mr. COCHRAN), to rule XXII, the Chair lays before the Crapo Johnson (WI) Thune and the Senator from Utah (Mr. LEE). Senate the pending cloture motion, Cruz Kirk Toomey The PRESIDING OFFICER (Ms. WAR- which the clerk will state. Enzi McCain Vitter Fischer McConnell Wicker REN). Are there any other Senators in The legislative clerk read as follows: the Chamber desiring to vote? NOT VOTING—5 CLOTURE MOTION The yeas and nays resulted—yeas 59, We, the undersigned Senators, in accord- Booker Cochran Udall (CO) Boozman Lee nays 35, as follows: ance with the provisions of rule XXII of the [Rollcall Vote No. 169 Ex.] Standing Rules of the Senate, hereby move The PRESIDING OFFICER. On this YEAS—59 to bring to a close debate on the nomination vote the yeas are 56, the nays are 39. of Mark G. Mastroianni, of Massachusetts, to The motion is agreed to. Ayotte Coons Johnson (SD) be United States District Judge for the Dis- Baldwin Donnelly Kaine f Begich Durbin King trict of Masssachusetts. Bennet Feinstein Klobuchar Harry Reid, Patrick J. Leahy, Al NOMINATION OF MARK G. Blumenthal Franken Leahy Franken, Barbara Boxer, Christopher MASTROIANNI TO BE UNITED Boxer Gillibrand Levin A. Coons, Richard J. Durbin, Sherrod STATES DISTRICT JUDGE FOR Brown Graham Manchin Brown, Richard Blumenthal, Carl THE DISTRICT OF MASSACHU- Cantwell Hagan Markey Cardin Harkin McCain Levin, Bill Nelson, Amy Klobuchar, SETTS Robert P. Casey, Jr., Elizabeth Warren, Carper Heinrich McCaskill The PRESIDING OFFICER. The Casey Heitkamp Menendez Sheldon Whitehouse, Mazie K. Hirono, Collins Hirono Merkley Tom Harkin, Tom Udall. clerk will report the nomination.

VerDate Mar 15 2010 08:31 Jun 05, 2014 Jkt 079060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\RECORD14\S03JN4.REC S03JN4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S3360 CONGRESSIONAL RECORD — SENATE June 3, 2014 Mikulski Reid Tester made and laid upon the table, with no NOT VOTING—6 Murkowski Rockefeller Udall (NM) intervening action or debate; that no Booker Cochran Lee Murphy Sanders Walsh Boozman Landrieu Udall (CO) Murray Schatz Warner further motions be in order to the nom- Nelson Schumer Warren ination; that any statements related to The PRESIDING OFFICER. On this Paul Scott Whitehouse the nomination be printed in the vote the yeas are 54, the nays are 40. Pryor Shaheen Wyden Reed Stabenow RECORD; that the President be imme- The motion is agreed to. diately notified of the Senate’s action. NAYS—35 f The PRESIDING OFFICER. Is there NOMINATION OF TANYA S. Alexander Fischer Moran objection? Barrasso Flake Portman CHUTKAN TO BE UNITED STATES Blunt Grassley Risch Without objection, it is so ordered. DISTRICT JUDGE FOR THE DIS- Burr Hatch Roberts Mr. REID. Madam President, we hope Chambliss Heller TRICT OF COLUMBIA Rubio and expect these three nominations to Coats Hoeven Sessions The PRESIDING OFFICER. The Coburn Inhofe be confirmed by voice. So we expect Shelby clerk will report the nomination. Corker Isakson Thune the next rollcall vote to be the final Cornyn Johanns The legislative clerk read the nomi- Toomey rollcall vote of the day, and that Crapo Johnson (WI) Vitter nation of Tanya S. Chutkan, of the Dis- Cruz Kirk should start in just a few seconds. The Wicker trict of Columbia, to be United States Enzi McConnell next series of rollcall votes will occur tomorrow morning at about 11 a.m. District Judge for the District of Co- NOT VOTING—6 lumbia. The PRESIDING OFFICER. By unan- Booker Cochran Lee f Boozman Landrieu Udall (CO) imous consent, the mandatory quorum The PRESIDING OFFICER. On this call has been waived. NOMINATION OF TIMOTHY G. vote the yeas are 59, the nays are 35. The question is, Is it the sense of the MASSAD TO BE A COMMIS- The motion is agreed to. Senate that debate on the nomination SIONER OF THE COMMODITY FU- of Tanya S. Chutkan, of the District of TURES TRADING COMMISSION f Columbia, to be United States District FOR A TERM EXPIRING APRIL 13, NOMINATION OF BRUCE HOWE Judge for the District of Columbia, 2017 HENDRICKS TO BE UNITED shall be brought to a close? STATES DISTRICT JUDGE FOR The yeas and nays are mandatory THE DISTRICT OF SOUTH CARO- under the rule. NOMINATION OF TIMOTHY G. MASSAD TO BE CHAIRMAN OF LINA The clerk will call the roll. THE COMMODITY FUTURES The PRESIDING OFFICER. The The assistant legislative clerk called TRADING COMMISSION clerk will report the nomination. the roll. The legislative clerk read the nomi- Mr. DURBIN. I announce that the nation of Bruce Howe Hendricks, of Senator from New Jersey (Mr. BOOKER), NOMINATION OF J. CHRISTOPHER South Carolina, to be United States the Senator from Louisiana (Ms. LAN- GIANCARLO TO BE A COMMIS- District Judge for the District of South DRIEU), and the Senator from Colorado SIONER OF THE COMMODITY FU- Carolina. (Mr. UDALL) are necessarily absent. TURES TRADING COMMISSION f Mr. CORNYN. The following Senators FOR THE REMAINDER OF THE CLOTURE MOTION are necessarily absent: the Senator TERM EXPIRING APRIL 13, 2014 from Arkansas (Mr. BOOZMAN), the Sen- The PRESIDING OFFICER. Under The PRESIDING OFFICER. Pursuant ator from Mississippi (Mr. COCHRAN), to rule XXII, the Chair lays before the the previous order, the Senate will pro- and the Senator from Utah (Mr. LEE). ceed to the consideration of the fol- Senate the pending cloture motion, The PRESIDING OFFICER. Are there which the clerk will state. lowing nominations en bloc. any other Senators in the Chamber de- The clerk will report the nomina- The assistant legislative clerk read siring to vote? tions. as follows: The yeas and nays resulted—yeas 54, The legislative clerk read the nomi- CLOTURE MOTION nays 40, as follows: nations of Timothy G. Massad, of Con- We, the undersigned Senators, in accord- [Rollcall Vote No. 170 Ex.] necticut, to be a Commissioner of the ance with the provisions of rule XXII of the Commodity Futures Trading Commis- Standing Rules of the Senate, hereby move YEAS—54 sion for a term expiring April 13, 2017; to bring to a close debate on the nomination Baldwin Harkin Murray of Tanya S. Chutkan, of the District of Co- Begich Heinrich Nelson Timothy G. Massad, of Connecticut, to lumbia, to be United States District Judge Bennet Heitkamp Pryor be Chairman of the Commodity Fu- for the District of Columbia. Blumenthal Hirono Reed tures Trading Commission; and J. Harry Reid, Patrick J. Leahy, Al Boxer Johnson (SD) Reid Christopher Giancarlo, of New Jersey, Franken, Barbara Boxer, Christopher Brown Kaine Rockefeller Cantwell King Sanders to be a Commissioner of the Com- A. Coons, Richard J. Durbin, Sherrod Cardin Klobuchar Schatz modity Futures Trading Commission Brown, Richard Blumenthal, Carl Carper Leahy Schumer for the remainder of the term expiring Levin, Bill Nelson, Amy Klobuchar, Casey Levin Shaheen Robert P. Casey, Jr., Elizabeth Warren, Collins Manchin Stabenow April 13, 2014. Sheldon Whitehouse, Mazie K. Hirono, Coons Markey Tester VOTE ON MASSAD NOMINATION Tom Harkin, Tom Udall. Donnelly McCaskill Udall (NM) The PRESIDING OFFICER. Under Durbin Menendez Walsh The PRESIDING OFFICER. There is Feinstein Merkley Warner the previous order, the question is, Will now 2 minutes of debate equally di- Franken Mikulski Warren the Senate advise and consent to the Gillibrand Murkowski Whitehouse nomination of Timothy G. Massad, of vided. Hagan Murphy Wyden Mr. REID. Madam President, I yield Connecticut, to be a Commissioner of back the time. NAYS—40 the Commodity Futures Trading Com- The PRESIDING OFFICER. Without Alexander Flake Paul mission for a term expiring April 13, objection, it is so ordered. Ayotte Graham Portman 2017? Barrasso Grassley Risch The nomination was confirmed. Mr. REID. Madam President, I ask Blunt Hatch Roberts unanimous consent that following the Burr Heller Rubio VOTE ON MASSAD NOMINATION cloture vote on Calendar No. 733, Chambliss Hoeven Scott The PRESIDING OFFICER. Under Chutkan, the Senate proceed to consid- Coats Inhofe Sessions the previous order, the question is, Will Coburn Isakson Shelby eration of Calendar Nos. 752, 753, and Corker Johanns the Senate advise and consent to the Thune Cornyn Johnson (WI) 754, and the Senate proceed to vote on Toomey nomination of Timothy G. Massad, of Crapo Kirk confirmation of the nominations in the Vitter Connecticut, to be Chairman of the Cruz McCain order listed; further, that if confirmed, Enzi McConnell Wicker Commodity Futures Trading Commis- the motion to reconsider be considered Fischer Moran sion?

VerDate Mar 15 2010 02:07 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S03JN4.REC S03JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 3, 2014 CONGRESSIONAL RECORD — SENATE S3361 The nomination was confirmed. At the Treasury Department Mr. They can’t do that if they don’t have VOTE ON GIANCARLO NOMINATION Massad not only made good on his re- the funding they need, and this will be The PRESIDING OFFICER. Under sponsibility to ensure a positive return a priority for me as we seek to update the previous order, the question is, Will to American taxpayers, he did so with the CFTC and its abilities to protect the Senate advise and consent to the complete transparency. consumers and market participants. nomination of J. Christopher During Mr. Massad’s testimony be- We have 21st century markets and we Giancarlo, of New Jersey, to be a Com- fore the Agriculture Committee, he need a 21st century CFTC to oversee missioner of the Commodity Futures emphasized that need for strong en- them. Trading Commission? forcement to ensure public confidence The Senate Agriculture Committee is The nomination was confirmed. in our markets, which is so very impor- beginning its work on a CFTC reau- The PRESIDING OFFICER. Under tant. He demonstrated an under- thorization bill. The approval of to- the previous order, with respect to standing of how markets must provide day’s nominees and our upcoming work those nominations confirmed, the mo- hedging and price discovery for end on this legislation will help make sure tions to reconsider are considered made users. the Commodity Futures Trading Com- and laid upon the table. Mr. Massad demonstrated that he mission is fully empowered to do every- The President will be immediately will be an advocate for strong inter- thing that we and the public are rely- notified of the Senate’s action. national regulatory standards in a ing on them to do. The PRESIDING OFFICER. The Sen- global derivatives market. Throughout Again, I congratulate all of those ator from Vermont. the course of his career in the private confirmed today. I thank my col- Mr. SANDERS. I thank the Chair. sector and then in the public sector, leagues for their support, and I thank (The remarks of Mr. SANDERS and Mr. Mr. Massad has earned a reputation as the Presiding Officer. BLUMENTHAL pertaining to the intro- a consensus builder, a tireless worker, duction of S. 2422 are located in today’s I yield the floor and suggest the ab- and a protector of the public interest. I sence of a quorum. RECORD under ‘‘Statements on Intro- have no doubt Mr. Massad will con- duced Bills and Joint Resolutions.’’) The PRESIDING OFFICER. The tinue his excellence in his role as CFTC clerk will call the roll. Mr. BLUMENTHAL. I thank the Pre- Chair. siding Officer, and I yield the floor. The legislative clerk proceeded to The second nominee chosen by Presi- call the roll. The PRESIDING OFFICER. The Sen- dent Obama is Christopher Giancarlo. ator from Michigan. Ms. STABENOW. Madam President, I Since 2000, Mr. Giancarlo has worked in ask unanimous consent that the order f companies that focused on swaps mar- for the quorum call be rescinded. CFTC CONFIRMATIONS kets regulated by the CFTC. For most The PRESIDING OFFICER. Without of that time Mr. Giancarlo has been a Ms. STABENOW. Madam President, objection, it is so ordered. senior executive at the interdealer the Senate has now approved three broker, GFI Group. f nominations to the Commodity Fu- At his confirmation hearing, Mr. MORNING BUSINESS tures Trading Commission. The CFTC Giancarlo talked about how the futures is an important independent agency Ms. STABENOW. Madam President, I and swaps markets must serve the ask unanimous consent that the Sen- with a mission to provide oversight of needs of farmers and other end users. ate proceed to a period of morning the futures, swaps, and options mar- He recognizes the central role that business, with Senators permitted to kets, protecting market participants commodities play in our Nation’s econ- speak for up to 10 minutes each. from fraud and manipulation. The omy. agency ensures safety and soundness of Like Mr. Massad Mr. Giancarlo un- The PRESIDING OFFICER. Without the market and makes sure that hedg- derstands the important lessons of the objection, it is so ordered. ers, such as farmers and ranchers or financial crisis. For example, in his re- f manufacturing companies, can manage marks Mr. Giancarlo emphasized the APPROACH TO OPIOID ADDICTION risks appropriately, and there needs to value of transparency in the swaps Mr. LEAHY. Madam President, it is be confidence in those markets and in markets. He agrees with the provisions no secret that communities across the the oversight of those markets. The in the Wall Street Reform Act that country are struggling to break the Commissioners confirmed today will allow robust oversight of U.S. swaps cycle of addiction to powerful opioids, not only help protect those markets intermediaries, while at the same time including heroin. We are now seeing ad- but finish the implementation of re- Mr. Giancarlo talked about the impor- diction creep into neighborhoods and forms contained in the Wall Street Re- tance of balanced regulatory oversight communities of all sizes, both rural form Act. in open and competitive markets. In and urban. My home State of Vermont Earlier today I spoke about Sharon short, Mr. Giancarlo is a pragmatist. Bowen’s qualifications, and I was very This is a quality that will serve him has not been spared, and it in fact has pleased to see the Senate approve her well as a CFTC Commissioner. attracted much attention for its strug- nomination. Now I wish to talk about I congratulate not only Mr. gles with addiction. However in many the other two CFTC Commissioners ap- Giancarlo but Mr. Massad and Ms. ways, Vermont is ahead of much of the pointed by the President who were also Bowen on their confirmations today. I Nation when it comes to responding to confirmed by the Senate just a few have every expectation that they will the opioid epidemic. We long ago recog- minutes ago. work well with all of the stakeholders nized the problem, and communities in For the role of CFTC Chairman, involved in the vitally important work Vermont have spent the better part of President Obama has selected Timothy of the CFTC. This will ensure that a decade coming together to address Massad. Mr. Massad has a sterling CFTC is fulfilling its mission of pro- opioid addiction. record of public service. Three years tecting the public, which is the bottom In March I had the privilege of ago he was confirmed unanimously by line. chairing a field hearing of the Senate the Senate to serve as the Department In Congress we must also do our part Judiciary Committee in Rutland, VT. of Treasury’s Assistant Secretary for to protect these markets and make It was the fourth time in the past 6 Financial Stability. In that position sure the CFTC has the resources it years that I brought the committee to Mr. Massad oversaw the winddown of needs to do its job, and that means Vermont to explore issues related to the Troubled Asset Relief Program. He having both the staff and technology in drug abuse. I heard powerful testimony devoted himself to helping homeowners place so the CFTC can perform its discussing how communities are re- who were struggling to stay in their work. We have given them so much sponding to addiction, rethinking dec- homes while helping communities more work with the new legislation, so ades-old approaches to prevention, where vacant houses were a blight to we need to make sure they have the re- treatment, and law enforcement ef- neighborhoods. It is a tribute to Mr. sources to do what we have asked them forts. Dr. Harry Chen, the Vermont De- Massad’s leadership that the banks to do. partment of Health commissioner and that benefited from TARP have repaid The agency must be able to keep up a career emergency room physician, nearly every dollar. with the markets they are overseeing. described what it means to recognize

VerDate Mar 15 2010 02:07 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S03JN4.REC S03JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3362 CONGRESSIONAL RECORD — SENATE June 3, 2014 addiction as a public health issue, ex- may require higher doses to control pain. remainder of her career, which lasted panding evidence-based prevention and Over time, increasing doses of opioids may over 60 years. treatment services to all corners of the be needed to manage the same level of pain. Her accomplishments over the years State. Patients may develop dependence—their bod- are many. In 1978, she became the prin- ies will crave it. They will exhibit a strong cipal of her alma mater, Nancy Ele- Vermont hospitals are also rethink- desire or compulsion to take the drug for ing best practices in light of this epi- reasons beyond simple pain control. At this mentary, making her the first female demic. Recently, the Office of National stage, if they stop taking opioids, they will principal in the history of the Pulaski Drug Control Policy published an arti- experience withdrawal. This is how opioid County School System. She has also cle entitled ‘‘How a Vermont Hospital use can lead to addiction and all its inherent served as president of the Alpha Delta Fights the American Opioid Epi- problems for the individual and society. Kappa Educational Sorority, precinct demic.’’ The article was authored by As providers, our responsibility is to care- chair for the Pulaski County Repub- Dr. Stephen Leffler, the chief medical fully manage the side effects of opioid ther- lican Party, and president of the Pu- apy. Dependence, tolerance, and addiction officer at Fletcher Allen Health Care in laski County Republican Women’s must be discussed with patients, and a care- Club. Burlington, VT. In the article, Dr. ful well-planned strategy is crucial for their Leffler describes how Fletcher Allen is Officially in retirement since 1997, extended use of opioids. Lois has a hard time staying away on the leading edge of modernizing That is exactly what we are doing at health care practices to minimize Fletcher Allen Health Care in Burlington, from the classroom and still serves abuse and addiction, while still pro- Vermont. Recently, providers and pain man- when needed as a substitute principal viding necessary pain management. agement experts from multiple specialties or teacher. The fire that burns within The hospital provides clear, standard- (Anesthesia, Emergency Medicine, Family her, propelling her to educate the chil- Medicine, Internal Medicine, and Surgery) ized protocols for treating pain, defines dren of our Commonwealth, has not converged to standardize how we care for pa- waned in the slightest degree since she a maximum daily dosage as guided by tients with painful conditions and to develop began her career in education. the latest research, and measures pa- best practices for our patients. Lois’s dedicated commitment to her tients’ risk for addiction. This ap- What did we do? Here is an overview: community and its children deserves proach ensures consistency in treat- Systems Approach. We built standardized protocols so that patients will get similar the praise of this body. Therefore, I ask ment and may help to stem the flow of that my U.S. Senate colleagues join me prescription opioid users from sliding treatment in various settings. We believe this standardization will help our patients in recognizing Lois R. Hatfield and her into addiction. many accomplishments in the field of The approach described in Dr. and providers. There will be clear, defined expectations and goals for treating our pa- education. Leffler’s article could potentially serve tients’ pain. The Commonwealth Journal recently as a model for the rest of country, and New Rules & Tools. We use processes and published an article detailing Lois Hat- I would encourage other States grap- tools such as pain agreements with patients field’s career and her receipt of the 2014 pling with addiction to look at what and surveys to assess how patients are func- Business Woman of the Year award. I Fletcher Allen is doing in Burlington. tioning with their pain and to measure their ask unanimous consent that the full If we are to find legislative solutions risk for addiction. Defining Maximum Daily Dosage. We are article be printed in the RECORD. that may finally break the cycle of There being no objection, the mate- opioid addiction, then surely we must one of the first hospitals in the country to define the maximum daily dose of opioids. rial was ordered to be printed in the carefully consider promising, novel ap- Research shows that beyond certain doses, RECORD, as follows: proaches such as this. I ask unanimous patients experience no additional benefit. We [From the Commonwealth Journal, May 11, consent that Dr. Leffler’s article be know that very high doses of opioids in- 2014] ECORD crease the risk of dangerous side effects but printed in the R . 2014 BUSINESS WOMAN OF THE YEAR: LOIS R. offer no additional pain control. There being no objection, the mate- HATFIELD IS THE RECIPIENT OF THE AWARD This approach helps ensure that we are rial was ordered to be printed in the A Pulaski County woman with a passion more reliable and consistent in our approach RECORD, as follows: for education is the recipient of the 2014 to pain in our patients and that our patients Business Woman of the Year award from the [From The Office of National Drug Control will know what to expect from their pro- Somerset Business and Professional Women’s Policy, May 9, 2014] viders. Club. HOW A VERMONT HOSPITAL FIGHTS THE Gil Kerlikowske, then-Director of ONDCP, Lois R. Hatfield was presented the award AMERICAN OPIOID EPIDEMIC recently visited Fletcher Allen Health Care Tuesday at the May membership meeting of (By Dr. Stephen M. Leffler) to discuss our new approach and tools. He the Somerset-Pulaski Chamber of Com- Over the course of my more than 20 years lauded our systems-level strategy and our merce. as an emergency physician, I have seen thou- standardized protocols. I believe that the Hatfield was born in Faubush and grad- sands of patients with painful conditions. current dialogue in Vermont and elsewhere uated from Nancy High School in 1947. During that same time, I have witnessed the on how to better manage opioid abuse will be Her teaching career spans more than 60 remarkable evolution of modern pain medi- productive and lead to changes across the years and with all her educational achieve- cation—its potential and its pitfalls. We can country in how these drugs are prescribed ments she has never grasped the meaning of now help patients manage both short-term and how acute and chronic pain is managed. retirement. and long-term pain. Yet, while medications— Fletcher Allen Health Care is on the leading Working her way through college, Hatfield particularly opioids—have helped us heal pa- edge of this transition and could be a model received her Bachelor of Arts degree in edu- tients, we have also seen their detrimental for other health systems managing this com- cation from Eastern Kentucky University in effects, chief among them addiction. plex issue. I hope that sharing our practices 1961 and later received her master’s degree in Opioids can be very helpful for patients here is the first step toward being that elementary education with an emphasis in with conditions such as broken bones and model. early childhood education from EKU in 1972. She began her distinguished professional kidney stones, and they are also useful after f career in education in 1951 when she taught many types of surgery. They may also be grades one-eight at Union Ridge School, a used to treat those with chronic pain—people TRIBUTE TO LOIS R. HATFIELD one-room school house in the Jabez portion who experience pain carrying out normal, Mr. MCCONNELL. Madam President, of Wayne County. daily functions of life that others take for last month, Lois R. Hatfield received In 1958 she began working with the Pulaski granted. Used for short periods of time at the the 2014 Business Woman of the Year County School System teaching first-eighth proper dosage, opioids are safe medications award from the Somerset Business and grades at Anderson School, which was even- and excellent choices for a wide variety of tually consolidated into Nancy Elementary. acute painful conditions. Professional Women’s Club. I wish to In 1978, she was promoted to principal of While opioids work well for pain control, honor this exemplary citizen and to Nancy Elementary, making her the first fe- they have a number of potentially serious recognize her tremendous career as an male principal in the history of the Pulaski side effects: They can hinder or stop breath- educator. County School System. ing, cause constipation, result in drowsiness, Lois took her first job in 1951, teach- Hatfield officially ‘‘retired’’ in 1997 while and act as central nervous system depres- ing grades one through eight at a one- serving as K–6 supervisor in the Pulaski sants. That’s why your doctor tells you it is room school house called Union Ridge County School District, a position she had not safe to drive after taking opioids. held since 1988. Another devastating side effect is addic- School in the Jabez portion of Wayne She didn’t stop. Since retiring, Hatfield tion. The body develops a tolerance to County. She continued to devote her- has served as a reading consultant and home- opioids and, after only a couple of weeks, self to education in Kentucky for the bound instructor for the Pulaski County

VerDate Mar 15 2010 02:07 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S03JN4.REC S03JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 3, 2014 CONGRESSIONAL RECORD — SENATE S3363 school system; a long-term substitute prin- Rabbi Panken grew up on Manhat- porter of community health centers, cipal at numerous elementary schools in Pu- tan’s Upper West Side, went straight having worked for over two decades to laski County; substitute teacher in Pulaski from college to a job as regional direc- expand centers in Iowa. County and Science Hill school systems; and tor of the North American Federation Among the highlights: for the past 14 years she has served and con- of Temple Youth, was ordained by He- Wellness and health care: Improving tinues to serve as a teacher-educator for Pu- the health and wellness of all Ameri- laski County, Somerset, Science Hill and brew Union College, worked as an asso- Somerset Christian school. ciate rabbi at Manhattan’s Congrega- cans has been something I have been Very active in community affairs, Hatfield tion Rodeph Shalom and earned a doc- passionate about for decades. That is is a board member of Somerset-Pulaski Con- torate in Hebrew and Judaic Studies at why I fought to dramatically increase vention and Visitors Bureau, member of New York University. funding for disease prevention, innova- Somerset Business and Professional Women’s I congratulate Aaron Panken as he tive medical research, and a whole Club, member and past president of Alpha begins this new chapter in his distin- range of initiatives to improve the Delta Kappa Educational Sorority, director guished career. health of individuals and families not of Lake Cumberland Foundation, precinct only at the doctor’s office but also in chair for the Pulaski County Republican f our communities, schools, and work- Party, member of Fidelis Chapter of Eastern ADDITIONAL STATEMENTS places. I am so proud that Americans Star, member and past president of Pulaski County Republican Women’s Club, member have better access to clinical preven- of Pulaski County Lincoln Club and Mt. Pis- tive services, nutritious food, smoke- gah Baptist Church. DUBUQUE COUNTY, IOWA free environments, safe places to en- The third of 10 children in a family of lim- ∑ Mr. HARKIN. Madam President, the gage in physical activity, and informa- ited means, Hatfield had to work while she strength of my State of Iowa lies in its tion to make healthy decisions for attended Nancy High School. vibrant local communities, where citi- themselves and their families. These For a time she worked and lived in Som- efforts not only save lives, they will erset, riding a bus to attend high school at zens come together to foster economic development, make smart investments also save money for generations to Nancy. She got a college education by work- come thanks to the prevention of cost- ing and taking classes at Eastern Kentucky to expand opportunity, and take the University. She attended Butler University initiative to improve the health and ly chronic diseases, which account for while she and husband Avery worked in Indi- well-being of residents. Over the dec- a whopping 75 percent of annual health anapolis. She also was a student at Lindsey ades, I have witnessed the growth and care costs. I am pleased that Dubuque Wilson College in Columbia. revitalization of so many communities County has recognized this important The former Lois Roberts was married to across my State. And it has been deep- issue by securing more than $550,000 for Avery Hatfield more than 60 years. The late ly gratifying to see how my work in construction, renovations, and to hire Mr. Hatfield was a well-known coach at the additional workers at the Crescent former Nancy High School, winning several Congress has supported these local ef- forts. Community Health Center. county championships. As an assistant to Investing in Iowa’s economic devel- David Fraley at Pulaski County High I have always believed in account- opment through targeted community School, they guided the Maroons to the state ability for public officials, and this, my projects: In Northeast Iowa, we have championship in 1986. final year in the Senate, is an appro- worked together to grow the economy Avery Hatfield died on the first Sunday in priate time to give an accounting of by making targeted investments in im- November 2010, two days before their son, my work across four decades rep- Martin, was elected as Pulaski County attor- portant economic development projects resenting Iowa in Congress. I take ney. including improved roads and bridges, pride in accomplishments that have Lois Hatfield is most sympathetic to to- modernized sewer and water systems, been national in scope—for instance, day’s lack of sufficient funding for edu- and better housing options for resi- cation. passing the Americans with Disabil- dents of Dubuque County. In many Anderson School, her first teaching posi- ities Act and spearheading successful tion with the Pulaski County School Sys- cases, I have secured Federal funding farm bills. But I take a very special that has leveraged local investments tem, had no electricity and no lights. She pride in projects that have made a big held a pie supper and made money to install and served as a catalyst for a whole electricity, paint the building and buy cur- difference in local communities across ripple effect of positive, creative tains for the windows. my State. changes. For example, working with Today, I would like to give an ac- f mayors, city council members, and counting of my work with leaders and local economic development officials in RECOGNIZING RABBI AARON residents of Dubuque County to build a PANKEN Dubuque County, I have fought for $37 legacy of a stronger local economy, million to make highway 61 a four-lane Mr. PORTMAN. Madam President, I better schools and educational oppor- highway to expand transportation into wish to recognize Rabbi Aaron Panken, tunities, and a healthier, safer commu- Dubuque, $23 million to improve the on the occasion of his inauguration as nity. Mississippi River Bridge, $30 million president of the widely-respected He- Between 2001 and 2013, the creative for the southwest arterial, $4 million brew Union College, HUC,-Jewish Insti- leadership in your community has for the river museum, and a $5.6 mil- tute of Religion, the Reform move- worked with me to secure funding in lion TIGER Grant, helping to create ment’s rabbinical school, on June 8, Dubuque County worth over $40 million jobs and expand economic opportuni- 2014. HUC was founded in Cincinnati in and successfully acquired financial as- ties. 1875 by Rabbi Isaac Wise. sistance from programs I have fought Main Street Iowa: One of the greatest As president, Panken will serve as hard to support, which have provided challenges we face—in Iowa and all the chief executive officer of Hebrew more than $97 million to the local across America—is preserving the char- Union College’s four campuses—in Cin- economy. acter and vitality of our small towns cinnati, Jerusalem, Los Angeles and My close partnership with the com- and rural communities. This isn’t just New York. The 12th president in HUC’s munity and economic development about economics. It is also about main- 138-year history, Panken succeeds leaders in Dubuque has resulted in taining our identity as Iowans. Main Rabbi David Ellenson, who served from community transformation. From Street Iowa helps preserve Iowa’s heart 2001 to 2013, and has been named chan- cleaning up the riverfront and building and soul by providing funds to revi- cellor upon his retirement. the National Mississippi River Museum talize downtown business districts. Rabbi Panken, 49, of Mamaroneck, to improving road and air access to the This program has allowed towns like N.Y., brings an impressive record to community to investments in Dubuque Dubuque to use that money to leverage HUC. He has taught rabbinic and Sec- schools and downtown storefronts and other investments to jumpstart change ond Temple literature at Hebrew Union housing, massive Federal investments and renewal. I am so pleased that the College-Jewish Institute of Religion in combined with local vision and hard community has earned $438,000 through New York since 1995. He has also served work has resulted in the revitalization this program. These grants build much as vice president for strategic initia- of Dubuque. I am pleased that my staff more than buildings. They build up the tives, dean of the New York campus will be touring the community health spirit and morale of people in our small and dean of students. center. I have been a long-time sup- towns and local communities.

VerDate Mar 15 2010 02:07 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S03JN4.REC S03JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3364 CONGRESSIONAL RECORD — SENATE June 3, 2014 School grants: Every child in Iowa ADA, I see remarkable changes in com- Among the highlights: deserves to be educated in a classroom munities everywhere I go in Iowa—not Main Street Iowa: One of the greatest that is safe, accessible, and modern. just in curb cuts or closed captioned challenges we face—in Iowa and all That is why, for the past decade and a television, but in the full participation across America—is preserving the char- half, I have secured funding for the in- of people with disabilities in our soci- acter and vitality of our small towns novative Iowa Demonstration Con- ety and economy, folks who at long and rural communities. This isn’t just struction Grant Program—better last have the opportunity to contribute about economics. It is also about main- known among educators in Iowa as their talents and to be fully included. taining our identity as Iowans. Main Harkin grants for public schools con- These changes have increased eco- Street Iowa helps preserve Iowa’s heart struction and renovation. Across 15 nomic opportunities for all citizens of and soul by providing funds to revi- years, Harkin grants worth more than Dubuque County, both those with and talize downtown business districts. $132 million have helped school dis- without disabilities. This program has allowed towns like tricts to fund a range of renovation and This is at least a partial accounting Sigourney to use that money to lever- repair efforts—everything from updat- of my work on behalf of Iowa, and spe- age other investments to jumpstart ing fire safety systems to building new cifically Dubuque County, during my change and renewal. I am so pleased schools. In many cases, these Federal time in Congress. In every case, this that Keokuk County has earned $40,000 dollars have served as the needed in- work has been about partnerships, co- through this program. These grants centive to leverage local public and operation, and empowering folks at the build much more than buildings. They private dollars, so it often has a tre- State and local level, including in Du- build up the spirit and morale of people mendous multiplier effect within a buque County, to fulfill their own in our small towns and local commu- school district. Over the years, Du- dreams and initiatives. And, of course, nities. buque County has received more than this work is never complete. Even after School grants: Every child in Iowa $2.7 million in Harkin grants. I retire from the Senate, I have no in- deserves to be educated in a classroom Disaster mitigation and prevention: tention of retiring from the fight for a that is safe, accessible, and modern. In 1993, when historic floods ripped better, fairer, richer Iowa. I will always That is why, for the past decade and a through Iowa, it became clear to me be profoundly grateful for the oppor- half, I have secured funding for the in- that the national emergency-response tunity to serve the people of Iowa as novative Iowa Demonstration Con- infrastructure was woefully inadequate their Senator.∑ struction Grant Program—better to meet the needs of Iowans in flood- f known among educators in Iowa as ravaged communities. I went to work KEOKUK COUNTY, IOWA Harkin grants for public schools con- dramatically expanding the Federal struction and renovation. Across 15 ∑ Emergency Management Agency’s haz- Mr. HARKIN. Madam President, the years, Harkin grants worth more than ard mitigation program, which helps strength of my State of Iowa lies in its $132 million have helped school dis- communities reduce the loss of life and vibrant local communities, where citi- tricts to fund a range of renovation and property due to natural disasters and zens come together to foster economic repair efforts—everything from updat- enables mitigation measures to be im- development, make smart investments ing fire safety systems to building new plemented during the immediate recov- to expand opportunity, and take the schools. In many cases, these Federal ery period. Disaster relief means more initiative to improve the health and dollars have served as the needed in- than helping people and businesses get well-being of residents. Over the dec- centive to leverage local public and back on their feet after a disaster, it ades, I have witnessed the growth and private dollars, so it often has a tre- revitalization of so many communities means doing our best to prevent the mendous multiplier effect within a across my State. And it has been deep- same predictable flood or other catas- school district. Over the years, Keokuk ly gratifying to see how my work in trophe from recurring in the future. County has received $335,827 in Harkin Congress has supported these local ef- The hazard mitigation program that I grants. Similarly, schools in Keokuk forts. helped create in 1993 provided critical I have always believed in account- County have received funds that I des- support to Iowa communities impacted ability for public officials, and this, my ignated for Iowa Star Schools for tech- by the devastating floods of 2008. Du- final year in the Senate, is an appro- nology totaling $136,722. Agricultural and rural development: buque County has received over $4.3 priate time to give an accounting of Because I grew up in a small town in million to remediate and prevent wide- my work across four decades rep- rural Iowa, I have always been a loyal spread destruction from natural disas- resenting Iowa in Congress. I take ters. pride in accomplishments that have friend and fierce advocate for family Keeping Iowa communities safe: I been national in scope—for instance, farmers and rural communities. I have also firmly believe that our first re- passing the Americans with Disabil- been a member of the House or Senate sponders need to be appropriately ities Act and spearheading successful Agriculture Committee for 40 years— trained and equipped, able to respond farm bills. But I take a very special including more than 10 years as chair- to both local emergencies and to state- pride in projects that have made a big man of the Senate Agriculture Com- wide challenges such as, for instance, difference in local communities across mittee. Across the decades, I have the methamphetamine epidemic. Since my State. championed farm policies for Iowans 2001, Dubuque County’s fire depart- Today, I would like to give an ac- that include effective farm income pro- ments have received over $3 million for counting of my work with leaders and tection and commodity programs; firefighter safety and operations equip- residents of Keokuk County to build a strong, progressive conservation assist- ment and over $570,000 in Byrne Justice legacy of a stronger local economy, ance for agricultural producers; renew- Assistance Grants. better schools and educational oppor- able energy opportunities; and robust Disability rights: Growing up, I loved tunities, and a healthier, safer commu- economic development in our rural and admired my brother Frank, who nity. communities. Since 1991, through var- was deaf. I was deeply disturbed by the Between 2001 and 2013, the creative ious programs authorized through the discrimination and obstacles he faced leadership in your community has farm bill, Keokuk County has received every day. That is why I have always worked with me to successfully acquire more than $2 million from a variety of been a passionate advocate for full financial assistance from programs I farm bill programs. equality for people with disabilities. As have fought hard to support, which Keeping Iowa communities safe: I the primary author of the Americans have provided more than $4 million to also firmly believe that our first re- with Disabilities Act, ADA, and the the local economy. sponders need to be appropriately ADA Amendments Act, I have had four Of course, one of my favorite memo- trained and equipped, able to respond guiding goals for our fellow citizens ries of working together include their to both local emergencies and to state- with disabilities: equal opportunity, tremendous success in obtaining fund- wide challenges such as the meth- full participation, independent living ing for public safety programs, as well amphetamine epidemic. For instance, and economic self-sufficiency. Nearly a as farm bill funding for local economic Keokuk County has received $69,475 in quarter century since passage of the development. Community Oriented Policing Services

VerDate Mar 15 2010 02:07 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S03JN4.REC S03JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 3, 2014 CONGRESSIONAL RECORD — SENATE S3365 grants. Also, since 2001, the county’s mick’s leadership. As a part of the at Normandy in June of 1944. After the fire departments have received over Manhattan Project, the Hanford Nu- Allies won the war, Raymond left the $1.9 million for firefighter safety and clear Reservation produced plutonium Army Air Corps as a staff sergeant in operations equipment. from 1944 until 1987. The people of the September of 1945. Disability rights: Growing up, I loved Tri-Cities sacrificed for the strength He returned home to Pennsylvania and admired my brother Frank, who and safety of our Nation, and cleanup where he and his wife Treva raised was deaf, but I was deeply disturbed by of the Hanford site is an ongoing chal- their son Raymond II and their daugh- the discrimination and obstacles he lenge. Mr. McCormick has shown tre- ter Karen. Raymond spent the next faced every day. That is why I have al- mendous dedication to this task, and several years serving as a guard for ways been a passionate advocate for has helped ensure that the cleanup ef- First Sterling steel mill. Raymond full equality for people with disabil- forts at Hanford continue to move for- passed away on July 14, 1964. ities. As the primary author of the ward in a meaningful and timely fash- Last week, it was my honor to Americans with Disabilities Act, ADA, ion. present Raymond and Karen with their and the ADA Amendments Act, I have Mr. McCormick was part of the team father’s Distinguished Flying Cross, had four guiding goals for our fellow that set forward a path to protect the Air Medal with Four Bronze Oak Leaf citizens with disabilities: equal oppor- Columbia River and reduce the active Clusters, and the European-African- tunity, full participation, independent footprint of the Hanford site by focus- Middle Eastern Campaign Medal with living and economic self-sufficiency. ing on cleanup projects along the Four Bronze Service Stars. Nearly a quarter century since passage shoreline under the 2015 Vision. During It was my honor to also present a of the ADA, I see remarkable changes his tenure, the remaining plutonium World War II Victory Medal, an Army in communities everywhere I go in left in the Plutonium Finishing Plant Good Conduct Medal, and an Honorable Iowa—not just in curb cuts or closed after the Cold War was stabilized, Service Lapel Button World War II. captioned television, but in the full packaged, and shipped offsite and out These decorations are small tokens, participation of people with disabilities of the State of Washington. Cleanup but they are powerful symbols of true in our society and economy, folks who was completed at the first reactor heroism, sacrifice, and dedication to at long last have the opportunity to area—F Reactor, and a total of seven of service. These medals are presented on behalf contribute their talents and to be fully nine nuclear reactors were placed in in- of a grateful nation.∑ included. terim safe storage. Significant progress This is at least a partial accounting has been made in protecting the Co- f of my work on behalf of Iowa, and spe- lumbia River from contaminated TRIBUTE TO JERRY COONEY cifically Keokuk County, during my groundwater through the construction ∑ Mr. TESTER. Madam President, I time in Congress. In every case, this of the 200 West Pump and Treat Facil- wish to honor Jerry Eugene Cooney, a work has been about partnerships, co- ity in the Central Plateau and three veteran of the U.S. Navy. operation, and empowering folks at the new pump and treat facilities along the It is my honor to share the story of State and local level, including in Keo- Columbia River. Most importantly, Mr. Jerry’s service, because no veteran’s kuk County, to fulfill their own dreams McCormick has strived to ensure that story should ever go unrecognized. and initiatives. And, of course, this local communities, tribal nations, and Jerry was born in Billings, MT in work is never complete. Even after I stakeholders know their voices are 1946. After graduating from Joliet High retire from the Senate, I have no inten- being heard. School in 1965, Jerry joined the U.S. tion of retiring from the fight for a bet- Mr. McCormick’s success in carrying Navy. He underwent basic training in ter, fairer, richer Iowa. I will always be out the cleanup mission at Hanford was San Diego before being assigned to the profoundly grateful for the opportunity aided by his ability to build relation- Seabees’ 21st Naval Construction Regi- to serve the people of Iowa as their ships, including with me and members ment in Davisville, RI. In October of Senator.∑ of my staff. When he was made man- 1966, the Twenty-first went to Da Nang, f ager almost 4 years ago, I knew that Vietnam where it constructed a Marine the Tri-Cities community and Wash- TRIBUTE TO MATTHEW base. ington State as a whole could count on During his tour in Vietnam, Jerry’s MCCORMICK his leadership. Today I join with others unit was under constant enemy fire for ∑ Mrs. MURRAY. Madam President, I throughout the Pacific Northwest in which he earned a Combat Action Rib- wish to pay tribute to a devoted public thanking him for his years of service. I bon. Jerry returned to the United servant as he retires from a career at congratulate Mr. McCormick on his re- States in July of 1967. After a short the U.S. Department of Energy and tirement, and wish him the best of luck leave, Jerry joined an advance team to U.S. Navy. Matthew S. McCormick has in moving forward.∑ Antarctica in September of 1967 where dedicated 32 years in service to our Na- f he spent the summer expanding tion, including 11 years—the last 4 as McMurdo Station. REMEMBERING RAYMOND J.W. manager—at the Richland Operations Following his stop in Antarctica, SCHUMACHER Office at the Hanford Nuclear Reserva- Jerry spent the remainder of his serv- tion in my home State of Washington. ∑ Mr. TESTER. Madam President, ice as part of a five-man exhibition A graduate of Montana State Univer- today I wish to honor Raymond J.W. team tasked with representing the Sea- sity, Mr. McCormick began his civil ca- Schumacher, a veteran of the Second bees across the country. Jerry mus- reer as a nuclear engineer for the U.S. World War. tered out of Active Duty in September Navy. After he worked on the Naval It is my honor to share the story of of 1968 and joined the Retired Reserves. Reactor’s Program, Mr. McCormick Raymond’s service, because no vet- In 1969, Jerry married Lori and to- moved to the Department of Energy eran’s story should ever go unrecog- gether they had two children and six serving in multiple different capacities nized. grandchildren. Jerry worked for Mon- in the Office of Environmental Man- Raymond was born in Leechburg, PA tana-Dakota utilities for 35 years be- agement and with the Savanah River in 1913. In May of 1943, he enlisted with fore he retired in 2006. Site and Rocky Flats Environmental the Army Air Corps. He was assigned to Last month, in the presence of his Technology Site. His time there taught the 8th Air Force, 351st Bombardment wife Lori, it was my honor to present him the value of environmental clean- Group. Jerry with the National Defense Serv- up, and was critical to his next job as Raymond served as a wing gunner on ice Medal, Vietnam Service Medal with assistant manager for the Central Pla- a B–17 bomber crew. The unit was sta- Two Bronze Stars, and Navy Unit Com- teau in the Richland Operations Office. tioned in England and carried out day- mendation Ribbon. He proved himself in this role, and was time bombing operations across West- It was my honor to also present a named manager of the Richland Oper- ern Europe. Combat Action Ribbon, Antarctica ations Office in 2010. The 351st was responsible for crip- Service Medal, and a Discharge Button. It is clear to me that Washington pling attacks to German infrastructure These decorations are small tokens, State has benefitted from Mr. McCor- and even supported the Allied landing but they are powerful symbols of true

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A communication from the Senior of a grateful nation.∑ law, the report of a rule entitled ‘‘Exchange of Mutilated Paper Currency’’ (31 CFR Part Procurement Executive, Office of Acquisi- f 100) received in the Office of the President of tion Policy, General Services Administra- the Senate on June 2, 2014; to the Committee tion, transmitting, pursuant to law, the re- MESSAGE FROM THE HOUSE on Banking, Housing, and Urban Affairs. port of a rule entitled ‘‘Federal Acquisition Regulation; FAR Case 2012–028, Contractor ENROLLED BILL SIGNED EC–5896. A communication from the Assist- ant Secretary for Export Administration, Comment Period, Past Performance Evalua- The PRESIDENT pro tempore (Mr. Bureau of Industry and Security, Depart- tions’’ (RIN9000–AM40) received in the Office LEAHY) reported that he had signed the ment of Commerce, transmitting, pursuant of the President of the Senate on June 2, following enrolled bill, which was pre- to law, the report of a rule entitled ‘‘Correc- 2014; to the Committee on Homeland Secu- viously signed by the Speaker pro tem- tions and Clarifications to the Export Ad- rity and Governmental Affairs. pore of the House (Mr. THORNBERRY): ministration Regulations; Conforming EC–5907. A communication from the Senior Procurement Executive, Office of Acquisi- S. 611. An act to make a technical amend- Changes to the EAR based on Amendments to the International Traffic in Arms Regula- tion Policy, General Services Administra- ment to the T’uf Shur Bien Preservation tion, transmitting, pursuant to law, the re- Trust Area Act, and for other purposes. tions’’ (RIN0694–AG11) received during ad- journment of the Senate in the Office of the port of a rule entitled ‘‘Federal Acquisition f President of the Senate on May 29, 2014; to Regulation; FAR Case 2012–017, Expansion of the Committee on Banking, Housing, and Applicability of the Senior Executive Com- MEASURES READ THE FIRST TIME Urban Affairs. pensation Benchmark’’ (RIN9000–AM38) re- The following bill was read the first EC–5897. A communication from the Chair- ceived in the Office of the President of the Senate on June 2, 2014; to the Committee on time: man and President of the Export-Import Bank, transmitting, pursuant to law, a re- Homeland Security and Governmental Af- S. 2422. A bill to improve the access of vet- port relative to transactions involving U.S. fairs. erans to medical services from the Depart- exports to the United Kingdom; to the Com- EC–5908. A communication from the Senior ment of Veterans Affairs, and for other pur- Procurement Executive, Office of Acquisi- mittee on Banking, Housing, and Urban Af- poses. tion Policy, General Services Administra- fairs. tion, transmitting, pursuant to law, the re- f EC–5898. A communication from the Assist- ant Secretary for Legislative Affairs, De- port of a rule entitled ‘‘Federal Acquisition ENROLLED BILL PRESENTED partment of the Treasury, transmitting, pur- Regulation; FAR Case 2014–016, Repeal of the suant to law, the Financial Stability Over- Recovery Act Reporting Requirements’’ The Secretary of the Senate reported (RIN9000–AM77) received in the Office of the sight Council 2014 annual report to Congress; that on today, June 3, 2014, she had pre- President of the Senate on June 2, 2014; to to the Committee on Banking, Housing, and the Committee on Homeland Security and sented to the President of the United Urban Affairs. States the following enrolled bill: EC–5899. A communication from the Chair- Governmental Affairs. EC–5909. A communication from the Senior man of the Council of the District of Colum- S. 611. An act to make a technical amend- Procurement Executive, Office of Acquisi- bia, transmitting, pursuant to law, a report ment to the T’uf Shur Bien Preservation tion Policy, General Services Administra- on D.C. Act 20–339, ‘‘Underinsured Motorist Trust Area Act, and for other purposes. tion, transmitting, pursuant to law, the re- Carrier Fairness Amendment Act of 2014’’; to f port of a rule entitled ‘‘Federal Acquisition the Committee on Homeland Security and Regulation; FAR Case 2012–024, Commercial EXECUTIVE AND OTHER Governmental Affairs. and Government Entity Code’’ (RIN9000– EC–5900. A communication from the Chair- COMMUNICATIONS AM49) received in the Office of the President man of the Council of the District of Colum- of the Senate on June 2, 2014; to the Com- bia, transmitting, pursuant to law, a report The following communications were mittee on Homeland Security and Govern- on D.C. Act 20–340, ‘‘Breastmilk Bank and laid before the Senate, together with mental Affairs. accompanying papers, reports, and doc- Lactation Support Act of 2014’’; to the Com- EC–5910. A communication from the Senior uments, and were referred as indicated: mittee on Homeland Security and Govern- Procurement Executive, Office of Acquisi- mental Affairs. tion Policy, General Services Administra- EC–5890. A communication from the Under EC–5901. A communication from the Chair- Secretary of Defense (Acquisition, Tech- tion, transmitting, pursuant to law, the re- man of the Council of the District of Colum- port of a rule entitled ‘‘Federal Acquisition nology and Logistics), transmitting, pursu- bia, transmitting, pursuant to law, a report ant to law, a report relative to the Regulation; Federal Acquisition Circular on D.C. Act 20–341, ‘‘Comprehensive Code of 2005–74, Introduction’’ (FAC 2005–74) received Warfighter Information Network-Tactical Conduct and BEGA Amendment Act of 2014’’; Increment 3 program; to the Committee on in the Office of the President of the Senate to the Committee on Homeland Security and on June 2, 2014; to the Committee on Home- Armed Services. Governmental Affairs. EC–5891. A communication from the Acting land Security and Governmental Affairs. EC–5902. A communication from the Direc- EC–5911. A communication from the Senior Under Secretary of Defense (Personnel and tor, Office of Personnel Management, trans- Procurement Executive, Office of Acquisi- Readiness), transmitting the report of an of- mitting, pursuant to law, the report of a rule tion Policy, General Services Administra- ficer authorized to wear the insignia of the entitled ‘‘Administrative Wage Garnish- tion, transmitting, pursuant to law, the re- grade of lieutenant general in accordance ment’’ (RIN3206–AM89) received in the Office port of a rule entitled ‘‘Federal Acquisition with title 10, United States Code, section of the President of the Senate on June 2, Regulation; Federal Acquisition Circular 777a, for a period not to exceed 14 days before 2014; to the Committee on Homeland Secu- 2005–74, Small Entity Compliance Guide’’ assuming the duties of the position for which rity and Governmental Affairs. (FAC 2005–74) received in the Office of the the higher grade is authorized; to the Com- EC–5903. A communication from the Sec- President of the Senate on June 2, 2014; to mittee on Armed Services. retary of Agriculture, transmitting, pursu- the Committee on Homeland Security and EC–5892. A communication from the Acting ant to law, the Semiannual Report of the In- Governmental Affairs. Under Secretary of Defense (Personnel and spector General for the period from October EC–5912. A communication from the Ad- Readiness), transmitting the report of two 1, 2013 through March 31, 2014; to the Com- ministrator of the U.S. Agency for Inter- (2) officers authorized to wear the insignia of mittee on Homeland Security and Govern- national Development, transmitting, pursu- the grade of brigadier general in accordance mental Affairs. ant to law, the Semiannual Report of the In- with title 10, United States Code, section 777; EC–5904. A communication from the Direc- spector General for the period from October to the Committee on Armed Services. tor, Corporation for National and Commu- 1, 2013, through March 31, 2014; to the Com- EC–5893. A communication from the Sec- nity Service, transmitting, pursuant to law, mittee on Homeland Security and Govern- retary of Defense, transmitting a report on the Semiannual Report of the Inspector Gen- mental Affairs. the approved retirement of Vice Admiral eral and the Corporation for National and EC–5913. A communication from the Chair- William L. Copeman III, United States Navy, Community Service’s Report on Final Action man, Federal Maritime Commission, trans- and his advancement to the grade of vice ad- for the period from October 1, 2013 through mitting, pursuant to law, the Commission’s miral on the retired list; to the Committee March 31, 2014; to the Committee on Home- Semiannual Report of the Inspector General on Armed Services. land Security and Governmental Affairs. for the period from October 1, 2013 through EC–5894. A communication from the Sec- EC–5905. A communication from the Senior March 31, 2014; to the Committee on Home- retary of Defense, transmitting a report on Procurement Executive, Office of Acquisi- land Security and Governmental Affairs. the approved retirement of Vice Admiral tion Policy, General Services Administra- EC–5914. A communication from the Fed- Charles W. Martoglio, United States Navy, tion, transmitting, pursuant to law, the re- eral Co-Chair, Appalachian Regional Com- and his advancement to the grade of vice ad- port of a rule entitled ‘‘Federal Acquisition mission, transmitting, pursuant to law, the miral on the retired list; to the Committee Regulation; FAR Case 2012–016, Defense Base Commission’s Semiannual Report of the In- on Armed Services. Act’’ (RIN9000–AM50) received in the Office spector General for the period from October

VerDate Mar 15 2010 02:07 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S03JN4.REC S03JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 3, 2014 CONGRESSIONAL RECORD — SENATE S3367 1, 2013 through March 31, 2014; to the Com- tributions within 24 hours of receipt, and for SUBMISSION OF CONCURRENT AND mittee on Homeland Security and Govern- other purposes; to the Committee on Rules SENATE RESOLUTIONS mental Affairs. and Administration. EC–5915. A communication from the Chair- By Mr. CRUZ: The following concurrent resolutions woman of the Federal Trade Commission, S. 2416. A bill to apply laws that restrict and Senate resolutions were read, and transmitting, pursuant to law, the Semi- the political speech of American citizens to referred (or acted upon), as indicated: annual Report of the Inspector General for media corporations; to the Committee on By Mr. JOHNSON of South Dakota (for the period from October 1, 2013 through Commerce, Science, and Transportation. himself and Mr. KIRK): March 31, 2014; to the Committee on Home- By Mr. BENNET (for himself and Mr. S. Res. 464. A resolution designating June land Security and Governmental Affairs. TESTER): 2014 as ‘‘National Aphasia Awareness Month’’ EC–5916. A communication from the Chair- S. 2417. A bill to provide greater controls and supporting efforts to increase awareness man of the Railroad Retirement Board, and restriction on revolving door lobbying; of aphasia; considered and agreed to. transmitting, pursuant to law, the Semi- to the Committee on Homeland Security and By Mr. BLUNT (for himself and Mrs. annual Report of the Inspector General for Governmental Affairs. MCCASKILL): the period from October 1, 2013 through By Mr. ROCKEFELLER (for himself S. Res. 465. A resolution commemorating March 31, 2014; to the Committee on Home- and Ms. WARREN): the centennial of Webster University; consid- land Security and Governmental Affairs. S. 2418. A bill to amend title 11 and title 29, ered and agreed to. EC–5917. A communication from the Acting United States Code, to increase the amount By Ms. AYOTTE (for herself and Ms. Director of the Peace Corps, transmitting, of unsecured claims for salaries and wages KLOBUCHAR): pursuant to law, the Office of Inspector Gen- given priority in bankruptcy, to provide for S. Res. 466. A resolution designating the eral’s Semiannual Report for the period of payments to retirees to compensate for lost week of October 27 through November 2, 2014, October 1, 2013 through March 31, 2014; to the health insurance benefits resulting from the as ‘‘National Drug Take-Back Week’’, and Committee on Homeland Security and Gov- bankruptcy of their former employer, to pro- designating October 2014 as ‘‘National Pre- ernmental Affairs. tect the health benefits of employees and re- scription Opioid and Heroin Abuse Aware- tirees, and for other purposes; to the Com- f ness Month’’; to the Committee on the Judi- mittee on the Judiciary. ciary. PETITIONS AND MEMORIALS By Mr. TOOMEY: S. 2419. A bill to protect America’s vet- f The following petitions and memo- erans from dishonesty and malfeasance in ADDITIONAL COSPONSORS rials were laid before the Senate and the delivery of medical services and to hold were referred or ordered to lie on the the Department of Veterans Affairs account- S. 162 table as indicated: able to those they serve; to the Committee At the request of Mr. FRANKEN, the POM–241. A resolution adopted by the Leg- on Veterans’ Affairs. name of the Senator from New Mexico islature of Rockland County, New York, urg- By Mrs. FISCHER: (Mr. HEINRICH) was added as a cospon- ing the United States Congress to pass H.R. S. 2420. A bill to amend the Balanced Budg- sor of S. 162, a bill to reauthorize and 4065 and S. 2032—The Smartphone Theft Pro- et and Emergency Deficit Control Act of 1985 improve the Mentally Ill Offender tection Act; to the Committee on Commerce, to increase transparency in Federal budg- Treatment and Crime Reduction Act of Science, and Transportation. eting, and for other purposes; to the Com- mittee on the Budget. 2004. By Mr. CORKER (for himself and Mr. S. 429 POM–242. A resolution adopted by the Leg- COONS): islature of Rockland County, New York, ex- At the request of Mr. NELSON, the S. 2421. A bill to amend the Foreign Assist- pressing support for the energetic advocacy name of the Senator from Washington ance Act of 1961 (22 U.S.C. 2151 et seq.) to re- of federal representatives for increasing the (Mrs. MURRAY) was added as a cospon- form the Food for Peace Program, and for strictness of the regulations that govern rail sor of S. 429, a bill to enable concrete other purposes; to the Committee on Foreign transport of hazardous liquids; to the Com- Relations. masonry products manufacturers to es- mittee on Commerce, Science, and Transpor- By Mr. SANDERS (for himself, Mr. tablish, finance, and carry out a co- tation. ROCKEFELLER, Mr. BEGICH, Mrs. SHA- ordinated program of research, edu- HEEN, Mr. KAINE, Mr. REED, Mr. cation, and promotion to improve, POM–243. A resolution adopted by the MERKLEY, Mr. CASEY, Mr. WHITE- maintain, and develop markets for con- Council of the City of Santa Ana, California, HOUSE, Mr. BLUMENTHAL, Mr. HEIN- expressing support for comprehensive federal crete masonry products. RICH, Mr. UDALL of New Mexico, Mr. immigration reform and urging the 113th S. 539 SCHATZ, Ms. BALDWIN, Mr. WYDEN, Congress to enact reforms that secure our HAHEEN Mr. LEAHY, Mr. BROWN, Ms. At the request of Mrs. S , the borders, ensure economic strength, and pro- HEITKAMP, Ms. LANDRIEU, Mr. BOOK- name of the Senator from Iowa (Mr. mote stronger communities; to the Com- ER, Mr. DURBIN, Mr. SCHUMER, and GRASSLEY) was added as a cosponsor of mittee on the Judiciary. Ms. HIRONO): S. 539, a bill to amend the Public S. 2422. A bill to improve the access of vet- Health Service Act to foster more ef- POM–244. A resolution approved by the erans to medical services from the Depart- Town Board, Town of Jefferson, Wisconsin, fective implementation and coordina- ment of Veterans Affairs, and for other pur- tion of clinical care for people with supporting the passage of an amendment to poses; read the first time. the United States Constitution regarding By Mrs. SHAHEEN: pre-diabetes and diabetes. constitutional rights and political spending; S. 2423. A bill to improve wait times for ap- S. 709 to the Committee on the Judiciary. pointments for hospital care, medical serv- At the request of Ms. STABENOW, the f ices, and other health care from the Depart- name of the Senator from Hawaii (Mr. ment of Veterans Affairs, to improve ac- SCHATZ) was added as a cosponsor of S. INTRODUCTION OF BILLS AND countability of employees responsible for JOINT RESOLUTIONS 709, a bill to amend title XVIII of the long wait times for such appointments, and Social Security Act to increase diag- for other purposes; to the Committee on Vet- The following bills and joint resolu- nosis of Alzheimer’s disease and related tions were introduced, read the first erans’ Affairs. By Mr. MCCAIN (for himself, Mr. dementias, leading to better care and and second times by unanimous con- COBURN, Mr. BURR, Mr. FLAKE, Mr. outcomes for Americans living with sent, and referred as indicated: ISAKSON, Mr. INHOFE, Mr. GRASSLEY, Alzheimer’s disease and related demen- By Mr. MCCONNELL (for himself, Mr. Mr. ROBERTS, Mr. HOEVEN, Mr. tias. ENZI, Mr. THUNE, Mr. PAUL, Mr. COATS, Mr. BARRASSO, Mr. JOHANNS, S. 895 BLUNT, Mr. VITTER, and Mrs. FISCH- Mr. RUBIO, Mr. CORNYN, Mr. ALEX- At the request of Mrs. GILLIBRAND, ER): ANDER, Mr. KIRK, Mr. WICKER, Mrs. S. 2414. A bill to amend the Clean Air Act FISCHER, Mr. PORTMAN, Mr. TOOMEY, the name of the Senator from Massa- to prohibit the regulation of emissions of Mr. BOOZMAN, Mr. MORAN, Mr. THUNE, chusetts (Mr. MARKEY) was added as a carbon dioxide from new or existing power Mr. SCOTT, Mr. ENZI, and Mr. GRA- cosponsor of S. 895, a bill to improve plants under certain circumstances; to the HAM): the ability of the Food and Drug Ad- Committee on Environment and Public S. 2424. A bill to provide veterans with the ministration to study the use of anti- Works. choice of medical providers and to increase microbial drugs in food-producing ani- By Mr. CRUZ: transparency and accountability of oper- mals. S. 2415. A bill to amend the Federal Elec- ations of the Veterans Health Administra- tion Campaign Act of 1971 to eliminate limi- tion of the Department of Veterans Affairs, S. 1011 tations on direct contributions to can- and for other purposes; to the Committee on At the request of Mr. JOHANNS, the didates, to require disclosure of certain con- Veterans’ Affairs. name of the Senator from Hawaii (Mr.

VerDate Mar 15 2010 02:07 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S03JN4.REC S03JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3368 CONGRESSIONAL RECORD — SENATE June 3, 2014 SCHATZ) was added as a cosponsor of S. (Mr. WHITEHOUSE) was added as a co- SCHATZ) was added as a cosponsor of S. 1011, a bill to require the Secretary of sponsor of S. 1708, a bill to amend title 2192, a bill to amend the National Alz- the Treasury to mint coins in com- 23, United States Code, with respect to heimer’s Project Act to require the Di- memoration of the centennial of Boys the establishment of performance rector of the National Institutes of Town, and for other purposes. measures for the highway safety im- Health to prepare and submit, directly S. 1066 provement program, and for other pur- to the President for review and trans- At the request of Mrs. GILLIBRAND, poses. mittal to Congress, an annual budget the name of the Senator from Arkansas S. 1965 estimate (including an estimate of the (Mr. PRYOR) was added as a cosponsor At the request of Mr. WALSH, his number and type of personnel needs for of S. 1066, a bill to allow certain stu- name was added as a cosponsor of S. the Institutes) for the initiatives of the dent loan borrowers to refinance Fed- 1965, a bill to amend the East Bench Ir- National Institutes of Health pursuant eral student loans. rigation District Water Contract Ex- to such an Act. S. 1324 tension Act to permit the Secretary of S. 2270 At the request of Mr. BARRASSO, the the Interior to extend the contract for At the request of Ms. COLLINS, the name of the Senator from Kansas (Mr. certain water services. names of the Senator from Georgia MORAN) was added as a cosponsor of S. S. 1979 (Mr. CHAMBLISS), the Senator from 1324, a bill to prohibit any regulations At the request of Mr. HARKIN, the North Dakota (Ms. HEITKAMP), the Sen- promulgated pursuant to a presidential name of the Senator from Hawaii (Mr. ator from Delaware (Mr. CARPER) and memorandum relating to power sector SCHATZ) was added as a cosponsor of S. the Senator from South Carolina (Mr. carbon pollution standards from taking 1979, a bill to provide for USA Retire- SCOTT) were added as cosponsors of S. effect. ment Funds, to reform the pension sys- 2270, a bill to clarify the application of S. 1332 tem, and for other purposes. certain leverage and risk-based re- At the request of Ms. COLLINS, the S. 2004 quirements under the Dodd-Frank Wall name of the Senator from Hawaii (Mr. At the request of Mr. BEGICH, the Street Reform and Consumer Protec- SCHATZ) was added as a cosponsor of S. name of the Senator from New Mexico tion Act. 1332, a bill to amend title XVIII of the (Mr. UDALL) was added as a cosponsor At the request of Mr. BROWN, the Social Security Act to ensure more of S. 2004, a bill to ensure the safety of names of the Senator from New York timely access to home health services all users of the transportation system, (Mr. SCHUMER) and the Senator from for Medicare beneficiaries under the including pedestrians, bicyclists, tran- New Hampshire (Mrs. SHAHEEN) were Medicare program. sit users, children, older individuals, added as cosponsors of S. 2270, supra. and individuals with disabilities, as S. 1341 S. 2292 they travel on and across federally At the request of Mr. TESTER, the At the request of Ms. WARREN, the funded streets and highways. name of the Senator from Montana names of the Senator from New York S. 2013 (Mr. WALSH) was added as a cosponsor (Mr. SCHUMER) and the Senator from of S. 1341, a bill to modify the Forest At the request of Mr. RUBIO, the Washington (Ms. CANTWELL) were Service Recreation Residence Program names of the Senator from Wyoming added as cosponsors of S. 2292, a bill to as the program applies to units of the (Mr. ENZI), the Senator from Wyoming amend the Higher Education Act of National Forest System derived from (Mr. BARRASSO), the Senator from Ala- 1965 to provide for the refinancing of the public domain by implementing a bama (Mr. SESSIONS), the Senator from certain Federal student loans, and for simple, equitable, and predictable pro- Montana (Mr. WALSH), the Senator other purposes. from North Dakota (Mr. HOEVEN) and cedure for determining cabin user fees, S. 2359 the Senator from Nebraska (Mrs. and for other purposes. At the request of Mr. FRANKEN, the FISCHER) were added as cosponsors of S. S. 1431 names of the Senator from Kansas (Mr. 2013, a bill to amend title 38, United At the request of Mr. WYDEN, the MORAN) and the Senator from North States Code, to provide for the removal name of the Senator from New York Dakota (Ms. HEITKAMP) were added as of Senior Executive Service employees (Mr. SCHUMER) was added as a cospon- cosponsors of S. 2359, a bill to amend of the Department of Veterans Affairs sor of S. 1431, a bill to permanently ex- title XVIII of the Social Security Act for performance, and for other pur- tend the Internet Tax Freedom Act. to protect and preserve access of Medi- poses. S. 1656 care beneficiaries in rural areas to S. 2031 At the request of Mr. ALEXANDER, his health care providers under the Medi- At the request of Ms. BALDWIN, the care program, and for other purposes. name was added as a cosponsor of S. name of the Senator from Wisconsin S. 2371 1656, a bill to clarify that volunteers at (Mr. JOHNSON) was added as a cosponsor a children’s consignment event are not of S. 2031, a bill to amend the Act to At the request of Mr. PORTMAN, the employees under the Fair Labor Stand- provide for the establishment of the name of the Senator from Georgia (Mr. ards Act of 1938. Apostle Islands National Lakeshore in ISAKSON) was added as a cosponsor of S. S. 1688 the State of Wisconsin, and for other 2371, a bill to amend the Congressional At the request of Mr. KIRK, the name purposes, to adjust the boundary of Budget Act of 1974 to provide for mac- of the Senator from Idaho (Mr. RISCH) that National Lakeshore to include the roeconomic analysis of the impact of was added as a cosponsor of S. 1688, a lighthouse known as Ashland Harbor major revenue legislation. bill to award the Congressional Gold Breakwater Light, and for other pur- S. 2395 Medal to the members of the Office of poses. At the request of Mr. MENENDEZ, the Strategic Services (OSS), collectively, S. 2070 name of the Senator from Connecticut in recognition of their superior service At the request of Mr. MARKEY, the (Mr. MURPHY) was added as a cosponsor and major contributions during World name of the Senator from Vermont of S. 2395, a bill to repeal the Author- War II. (Mr. SANDERS) was added as a cospon- ization for Use of Military Force S. 1695 sor of S. 2070, a bill to reduce the num- Against Iraq Resolution of 2002. At the request of Ms. CANTWELL, the ber of nuclear-armed submarines oper- S. 2399 names of the Senator from Connecticut ated by the Navy, to prohibit the devel- At the request of Mr. BEGICH, the (Mr. MURPHY) and the Senator from Or- opment of a new long-range pene- name of the Senator from Hawaii (Mr. egon (Mr. MERKLEY) were added as co- trating bomber aircraft, to prohibit the SCHATZ) was added as a cosponsor of S. sponsors of S. 1695, a bill to designate a procurement of new intercontinental 2399, a bill to safeguard the voting portion of the Arctic National Wildlife ballistic missiles, and for other pur- rights of Native American and Alaska Refuge as wilderness. poses. Native voters and to provide the re- S. 1708 S. 2192 sources and oversight necessary to en- At the request of Mr. MERKLEY, the At the request of Mr. MARKEY, the sure equal access to the electoral proc- name of the Senator from Rhode Island name of the Senator from Hawaii (Mr. ess.

VerDate Mar 15 2010 02:07 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S03JN4.REC S03JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 3, 2014 CONGRESSIONAL RECORD — SENATE S3369 S. 2413 tions), the Administrator may not promul- In recent years, the VA has seen a At the request of Mr. SANDERS, the gate any regulation or guidance that limits huge increase in its patient load. names of the Senator from Oregon (Mr. or prohibits any new carbon dioxide emis- In fact, in the last 4 years, 2 million sions from a new or existing power plant, MERKLEY), the Senator from Rhode Is- and no such regulation or guidance shall new veterans have come into the sys- land (Mr. WHITEHOUSE), the Senator have any force or effect, until the date on tem, many of them with very com- from New Mexico (Mr. UDALL), the Sen- which— plicated health care cases, including ator from West Virginia (Mr. ROCKE- ‘‘(1) the Secretary of Labor certifies to the TBI, post-traumatic stress disorder, FELLER), the Senator from Pennsyl- Administrator that the regulation or guid- and many of the needs that older vet- vania (Mr. CASEY) and the Senator ance will not generate any loss of employ- erans and older people generally have. from Louisiana (Ms. LANDRIEU) were ment; Despite this fact, it is still absolutely ‘‘(2) the Director of the Congressional unacceptable that some veterans are added as cosponsors of S. 2413, a bill to Budget Office certifies to the Administrator improve the provision of medical serv- that the regulation or guidance will not re- forced onto long waiting lists for care, ices and benefits to veterans, and for sult in any loss in the gross domestic prod- and it is totally intolerable—it is rep- other purposes. uct of the United States; rehensible—that any VA employee S. RES. 451 ‘‘(3) the Administrator of the Energy Infor- could be manipulating data in Phoenix At the request of Mr. BARRASSO, the mation Administration certifies to the Ad- or anyplace else to hide how long vet- name of the Senator from Wyoming ministrator that the regulation or guidance erans have been on waiting lists to see will not generate any increase in electricity doctors. This is an issue that must be (Mr. ENZI) was added as a cosponsor of rates in the United States; and S. Res. 451, a resolution recalling the ‘‘(4) the Chairperson of the Federal Energy dealt with and must be dealt with rap- Government of China’s forcible disper- Regulatory Commission and the President of idly and strongly. sion of those peaceably assembled in the North American Electric Reliability Cor- These problems are real, and they Tiananmen Square 25 years ago, in poration certify to the Administrator the re- have to be addressed. But they should light of China’s continued abysmal liability of electricity delivery under the not be an excuse to walk away from a human rights record. regulation or guidance.’’. system that serves 6.5 million veterans (b) TECHNICAL CORRECTION.—The Clean Air every single year and 230,000 veterans S. RES. 453 Act is amended by redesignating the second At the request of Mr. RUBIO, the section 317 (42 U.S.C. 7617) (relating to eco- every single day. This is a system we names of the Senator from Minnesota nomic impact assessment) as section 318. must fix, not a system that we should (Mr. FRANKEN) and the Senator from ditch. By Mr. SANDERS (for himself, We must focus on the underlying Georgia (Mr. CHAMBLISS) were added as cosponsors of S. Res. 453, a resolution Mr. ROCKEFELLER, Mr. BEGICH, problems and work to transform the condemning the death sentence against Mrs. SHAHEEN, Mr. KAINE, Mr. VA. Meriam Yahia Ibrahim Ishag, a Suda- REED, Mr. MERKLEY, Mr. CASEY, In general, what our legislation does nese Christian woman accused of apos- Mr. WHITEHOUSE, Mr. is it works in three basic areas. No. 1, tasy. BLUMENTHAL, Mr. HEINRICH, Mr. we give greater authority to the Sec- UDALL of New Mexico, Mr. retary to fire incompetent senior offi- f SCHATZ, Ms. BALDWIN, Mr. cials. No. 2, we take very significant STATEMENTS ON INTRODUCED WYDEN, Mr. LEAHY, Mr. BROWN, steps to shorten the wait times that BILLS AND JOINT RESOLUTIONS Ms. HEITKAMP, Ms. LANDRIEU, many veterans are now experiencing. Mr. BOOKER, Mr. DURBIN, Mr. And No. 3, we address the long-term SCHUMER, and Ms. HIRONO): health care needs of the VA in terms of By Mr. MCCONNELL (for himself, S. 2422. A bill to improve the access a shortage of staff, doctors, and nurses Mr. ENZI, Mr. THUNE, Mr. PAUL, of veterans to medical services from that currently exists in various loca- Mr. BLUNT, Mr. VITTER, and the Department of Veterans Affairs, tions around the country. Mrs. FISCHER): and for other purposes; read the first S. 2414. A bill to amend the Clean Air Let me go through some of those time. Act to prohibit the regulation of emis- issues right now. Mr. SANDERS. Mr. President, as Several weeks ago my Republican sions of carbon dioxide from new or ex- chairman of the Senate Committee on colleague from Florida requested a isting power plants under certain cir- Veterans’ Affairs, I rise today to intro- vote on legislation that would allow cumstances; to the Committee on Envi- duce the Ensuring Veterans Access to VA Secretaries to immediately remove ronment and Public Works. Care Act of 2014. senior executives due to poor perform- Mr. MCCONNELL. Mr. President, I I thank the 16 cosponsors of this leg- ask unanimous consent that the text of ance. islation, and they are Senators ROCKE- So let us be clear. I strongly support the bill be printed in the RECORD. FELLER, BEGICH, SHAHEEN, KAINE, REED, the effort to make sure that we get rid There being no objection, the text of MERKLEY, CASEY, WHITEHOUSE, the bill was ordered to be printed in of incompetent or worse senior execu- BLUMENTHAL, HEINRICH, UDALL of New tives at the VA. There is no debate the RECORD, as follows: Mexico, SCHATZ, BALDWIN, WYDEN, about that. But here is what the debate S. 2414 HIRONO, and LEAHY. is about. I do not think it is a good It is safe to say there is broad bipar- Be it enacted by the Senate and House of Rep- idea to give the Secretary of an insti- resentatives of the United States of America in tisan agreement among all of us that tution, of an agency that has some Congress assembled, every veteran in this country who en- 300,000 employees, the ability to simply SECTION 1. SHORT TITLE. ters the VA health care system de- This Act may be cited as the ‘‘Coal Coun- serves high-quality care and deserves fire without any due process. try Protection Act’’ or the ‘‘Protecting Jobs, that care in a timely manner. What I worry about is that you can Families, and the Economy From EPA Over- Overall, talking to veterans in move toward a situation where the VA reach Act’’. Vermont and, in fact, throughout this health care system is politicized in a SEC. 2. REGULATION OF EMISSIONS OF CARBON country, talking to the veterans serv- way that it should not be. DIOXIDE FROM NEW OR EXISTING ice organizations who represent their Let me give an example. A new Presi- POWER PLANTS. dent comes in with a new Secretary. (a) LIMITATION ON REGULATION.—The Clean interests and reading independent stud- Air Act is amended by inserting after section ies, they all confirm that by and large, The new Secretary says—whether it is 312 (42 U.S.C. 7612) the following: once veterans get into the VA health a Democratic President or a Repub- ‘‘SEC. 313. LIMITATION ON REGULATION OF EMIS- care system, the system is, in fact, lican President—I want to get rid of 300 SIONS OF CARBON DIOXIDE FROM quite good. senior-level appointees and bring in 300 NEW OR EXISTING POWER PLANTS. However, it has become clear—and I new people. Four years later, another ‘‘(a) DEFINITION OF NEW OR EXISTING POWER think all of us are aware of what has President comes in—different party— PLANT.—In this section, the term ‘new or ex- and says: We are going to get rid of isting power plant’ means a fossil fuel-fired happened in the last month—that while power plant that commences operation at quality is generally good, there are too those 300 people and bring in 300 more any time. many veterans throughout this coun- people. ‘‘(b) LIMITATION.—Notwithstanding any try waiting too long to access this I do not think that provides the kind other provision of law (including regula- care. of stability that the largest integrated

VerDate Mar 15 2010 02:07 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S03JN4.REC S03JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3370 CONGRESSIONAL RECORD — SENATE June 3, 2014 health care system in America needs or through an Indian health service, if next 10 to 15 years. This is a national deserves. I worry about the that is available—and that exists now problem, it is a problem within the VA, politicization. in Alaska—and that might be ex- and what this legislation proposes is Second, I worry about an instance panded. So the bottom line is if there that the VA work with the National where a whistleblower stands up who is are waiting lists beyond what is rea- Health Service Corps in order to pro- critical of this or that aspect of the sonable, the veterans in this country vide debt forgiveness, scholarships to VA. That person could be fired without should be able to get into non-VA medical school students, so when they due process. health care in a timely manner, and graduate they can get into the VA and I worry there may be a situation this bill does that. practice the quality medicine we need where somebody is fired—not because But importantly, this bill also ad- there. of bad performance; maybe they are a dresses a very significant issue that I This bill addresses another issue that woman and somebody doesn’t like a think we cannot ignore, and that is it has been discussed a lot—and there is woman in that position; maybe they appears to me that in many parts of widespread bipartisan support for this are gay, maybe they are black, maybe this country we simply don’t have the and support in the House as well—and they are whatever—and that person doctors and nurses we need when an in- that is the authorization of 27 major does not have any ability to appeal flux of veterans is coming into the sys- medical facility leases. In many in- that decision. tem. stances these leases would improve ac- I think that is wrong. I think that is I was talking to some very knowl- cess to care closer to home and would bad policy. On the other hand, what I edgeable people today who were telling increase the availability of specialty do believe is that person should be me about burnout. Primary care physi- care services in those locations that taken out of his or her job imme- cians and psychiatrists are seeing would allow the VA to decompress diately, but that person must have the many more patients and turnover rates overutilized VA facilities. This is an right to have an expedited appeal. are much too high. The last thing we important issue in this legislation and What our legislation does is give the want to do is to see rapid turnover be- I believe there is bipartisan support for person a week to bring forth the appeal cause people are burnt out and don’t it. and gives the appropriate appeal body 3 have the time to do the quality work Furthermore, this bill would require weeks to make a decision. they want to do. the President to create a commission Now, we are dealing with people who Let me quote an article that appears to look at VA health care access issues are M.D.s, Ph.D.s, high-level people in the New York Times on May 29 and recommend action to bolster ca- whose professionalism is on the line. I which addresses this issue. This is what pacity. In the last couple of days I have don’t think you can fire people willy- it says: heard a lot of good ideas about how we nilly without giving them a chance in Dr. Phyllis Hollenbeck, a primary care can deal with the issue, but we need a an expedited manner to express their physician, took a job at the Veterans Affairs high-level commission of some of the point of view. medical center in Jackson, Miss., in 2008 ex- most knowledgeable people in this That is one difference I have with my pecting fulfilling work and a lighter patient country appointed by the President to colleague from Florida on his proposal. load than she had in private practice. What report within 90 days some ideas of how Let me talk a little bit about the she found was quite different: 13-hour work- the VA can proceed. major concern I have; that is, how do days fueled by large patient loads that kept I want to thank the 16 or so cospon- growing as colleagues quit and were not re- sors we have. I look forward to working we shorten wait times? How do we placed. make certain in those areas of the Appalled by what she saw, Dr. Hollenbeck with my Republican colleagues. We country where there are long waiting filed a whistle-blower complaint and changed have got a problem we have to address, periods or where veterans may be geo- jobs. A subsequent investigation by the De- and I hope we can do it in a bipartisan graphically a long distance away from partment of Veterans Affairs concluded last way. a facility that they get timely care? fall that indeed the Jackson hospital did not Mr. President, I ask unanimous con- The legislation that I have authored have enough primary care doctors, resulting sent that the text of the bill be printed takes immediate action to provide in nurse practitioners’ handling far too in the RECORD. many complex cases and in numerous com- timely access for care for our veterans. There being no objection, the text of plaints from veterans about the delayed the bill was ordered to be printed in First, this legislation would stand- care. ‘‘It was unethical to put us in that po- the RECORD, as follows: ardize VA’s process for providing non- sition,’’ Dr. Hollenbeck said of the over- VA care when the Department is un- stressed primary care unit in Jackson. S. 2422 able to provide care to the veterans ‘‘Your heart gets broken.’’ Be it enacted by the Senate and House of Rep- within its stated goal. As the DVA— In this case we had a physician who resentatives of the United States of America in Congress assembled, Disabled American Veterans—pointed wanted to do the right thing, wanted to out in a release today, VA must con- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. spend the appropriate amounts of time (a) SHORT TITLE.—This Act may be cited as tinue to be responsible for coordinating that were needed with the patients, the ‘‘Ensuring Veterans Access to Care Act their care amongst various VA and and she was unable to do that. What we of 2014’’. non-VA providers. This legislation ac- are hearing is in many parts of this (b) TABLE OF CONTENTS.—The table of con- complishes that goal by providing a country primary care physicians are tents for this Act is as follows: framework for consistent decision- saying: We cannot do it; too many peo- Sec. 1. Short title; table of contents. making regarding non-VA care. Under ple are coming in. This is an issue that TITLE I—IMPROVEMENT OF SCHED- this legislation VA would coordinate has to be addressed, and our legislation ULING SYSTEM FOR HEALTH CARE AP- non-VA care by taking into account does that. POINTMENTS wait times for care, the health of the Our legislation gives the VA the abil- Sec. 101. Implementation of upgraded De- veteran, the distance the veteran ity to rapidly hire new doctors, nurses, partment of Veterans Affairs electronic scheduling system would be required to travel, as well as and other health care providers in for appointments for receipt of the veteran’s choice. areas with identified shortages. It also health care from the Depart- This bill also addresses VA system- enables VA’s ability to recruit quali- ment. wide health care provider shortages. fied health providers by enhancing Sec. 102. Independent assessment of the But in terms of the wait lists, what we scholarship and loan repayment oppor- scheduling process for medical say in English is: If there is an unac- tunities. appointments for care from De- ceptable wait time or if a veteran is a As the Presiding Officer well knows partment of Veterans Affairs. long distance away from a provider, we as a member of the committee that TITLE II—TRAINING AND HIRING OF are going to allow—and we must deals with this issue, we have a crisis HEALTH CARE STAFF allow—that veteran to get health care in this country in terms of the lack of Sec. 201. Modification of liability for breach of period of obligated service through a private provider, through a primary care practitioners. This is a under Health Professionals federally qualified community health very serious problem. There are experts Educational Assistance Pro- center, through a Department of De- who tell us, in fact, that we need 50,000 gram for primary care physi- fense military base, if that is available, new primary care physicians in the cians.

VerDate Mar 15 2010 02:07 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0655 E:\RECORD14\JUN 2014\S03JN4.REC S03JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 3, 2014 CONGRESSIONAL RECORD — SENATE S3371 Sec. 202. Program of education at Uniformed paragraph (1), the Secretary shall use agile (J) The number of appointments available Services University of the software development methodologies to fully to be scheduled on a daily basis. Health Sciences with speciali- implement portions of such system every 180 (K) The number of patients seen on a daily, zation in primary care. days beginning on the date on which the Sec- weekly, and monthly basis. Sec. 203. Treatment of staffing shortage and retary begins the implementation of such (L) Wait-times for an appointment with a biannual report on staffing of system, or enters into a contract for the im- health care provider of the Department. medical facilities of the Depart- plementation of such system, and ending on (M) Wait-times for an appointment with a ment of Veterans Affairs. the date on which such system is fully imple- non-Department health care provider. Sec. 204. Clinic management training pro- mented. (N) Wait-times for a referral to a specialist gram of the Department of Vet- (b) ELECTRONIC SCHEDULING SYSTEM.—The or consult. erans Affairs. upgraded electronic scheduling system de- (12) A capability to provide data on the ca- Sec. 205. Inclusion of Department of Vet- scribed in this subsection shall include pacity of medical facilities of the Depart- erans Affairs facilities in Na- mechanisms to achieve the following: ment for purposes of determining the re- tional Health Service Corps (1) An efficient and effective graphical user sources needed by the Department to provide Scholarship and loan repay- interface with a calendar view for use by em- health care to eligible individuals. ment programs. ployees of the Department in scheduling ap- (13) Any other capabilities as specified by Sec. 206. Authorization of emergency appro- pointments that enables error-free sched- the Secretary for purposes of this section. priations. uling of the health care resources of the De- (c) PLAN.— partment. (1) IN GENERAL.—Not later than 90 days TITLE III—IMPROVEMENT OF ACCESS TO (2) A capability to assist employees of the after the date of the enactment of this Act, CARE FROM NON-DEPARTMENT OF Department to easily and consistently im- the Secretary shall submit to the Committee VETERANS AFFAIRS PROVIDERS plement policies of the Department with re- on Veterans’ Affairs of the Senate and the Sec. 301. Improvement of access by veterans spect to scheduling of appointments, includ- Committee on Veterans’ Affairs of the House to health care from non-Depart- ing with respect to priority for appointments of Representatives a plan for implementing ment of Veterans Affairs pro- for certain eligible individuals. the upgraded electronic scheduling system viders. (3) A capability for employees of the De- required by subsection (a). Sec. 302. Extension of and report on joint in- partment to sort and view through a unified (2) ELEMENTS.—The plan required by para- centives program of Depart- interface the availability for each health graph (1) shall include the following: ment of Veterans Affairs and care provider of the Department or other (A) A description of the priorities of the Department of Defense. health care resource of the Department. Secretary for implementing the require- Sec. 303. Transfer of authority for payments (4) A capability for employees of the De- ments of the system under subsection (b). for hospital care, medical serv- partment to sort and view appointments for (B) A detailed description of the manner in ices, and other health care from and appointment requests made by a par- which the Secretary will fully implement non-Department providers to ticular eligible individual. such system, including deadlines for com- the Chief Business Office of the (5) A capability for seamless coordination pleting each such requirement. Veterans Health Administra- of appointments for primary care, specialty (3) UPDATE.—Not later than 90 days after tion of the Department. care, consultations, or any other health care the submittal of the plan required by para- Sec. 304. Enhancement of collaboration be- matter among facilities of the Department. graph (1), and not less frequently than every tween Department of Veterans (6) A capability for eligible individuals to 90 days thereafter until such system is fully Affairs and Indian Health Serv- access the system remotely and schedule ap- implemented, the Secretary shall submit to ice. pointments directly through the system. the Committee on Veterans’ Affairs of the Sec. 305. Enhancement of collaboration be- (7) An electronic timestamp of each activ- Senate and the Committee on Veterans’ Af- tween Department of Veterans ity made by an eligible individual or on be- fairs of the House of Representatives an up- Affairs and Native Hawaiian half of such individual with respect to an ap- date on the status of the implementation of health care systems. pointment or the scheduling of an appoint- such plan. Sec. 306. Authorization of emergency appro- ment that shall be kept in the medical (d) USE OF AMOUNTS.—The Secretary may priations. record of such individual. use amounts available to the Department of TITLE IV—HEALTH CARE (8) A seamless connection to the Computer- Veterans Affairs for the appropriations ac- ADMINISTRATIVE MATTERS ized Patient Record System of the Depart- count under the heading ‘‘MEDICAL SERVICES’’ ment so that employees of the Department, in implementing and carrying out the up- Sec. 401. Improvement of access of veterans when scheduling an appointment for an eligi- graded electronic scheduling system required to mobile vet centers of the De- ble individual, have access to recommenda- by subsection (a). partment of Veterans Affairs. tions from the health care provider of such (e) ELIGIBLE INDIVIDUAL DEFINED.—In this Sec. 402. Commission on Access to Care. individual with respect to when such indi- section, the term ‘‘eligible individual’’ Sec. 403. Commission on Capital Planning vidual should receive an appointment. means an individual eligible for hospital, for Department of Veterans Af- (9) A capability to provide automated re- nursing home, domiciliary, medical care, or fairs Medical Facilities. minders to eligible individuals on upcoming other health care under the laws adminis- Sec. 404. Removal of Senior Executive Serv- appointments through various electronic and tered by the Secretary of Veterans Affairs. ice employees of the Depart- voice media. SEC. 102. INDEPENDENT ASSESSMENT OF THE ment of Veterans Affairs for SCHEDULING PROCESS FOR MED- (10) A capability to provide automated re- performance. ICAL APPOINTMENTS FOR CARE minders to employees of the Department FROM DEPARTMENT OF VETERANS TITLE V—MAJOR MEDICAL FACILITY when an eligible individual who is on the AFFAIRS. LEASES wait-list for an appointment becomes eligi- (a) INDEPENDENT ASSESSMENT.— Sec. 501. Authorization of major medical fa- ble to schedule an appointment. (1) CONTRACT.—Not later than 30 days after cility leases. (11) A dashboard capability to support ef- the date of the enactment of this Act, the Sec. 502. Budgetary treatment of Depart- forts to track the following metrics in aggre- Secretary of Veteran Affairs shall enter into ment of Veterans Affairs major gate and by medical facility with respect to a contract with an independent third party medical facilities leases. health care provided to eligible individuals to assess the process at each medical facility TITLE I—IMPROVEMENT OF SCHEDULING under the laws administered by the Sec- of the Department of Veterans Affairs for SYSTEM FOR HEALTH CARE APPOINT- retary: scheduling appointments for veterans to re- MENTS (A) The number of days into the future ceive hospital care, medical services, or that the schedules of health care providers other health care from the Department. SEC. 101. IMPLEMENTATION OF UPGRADED DE- are available to schedule an appointment. (2) ELEMENTS.—In carrying out the assess- PARTMENT OF VETERANS AFFAIRS ELECTRONIC SCHEDULING SYSTEM (B) The number of providers available to ment required by paragraph (1), the inde- FOR APPOINTMENTS FOR RECEIPT see patients each day. pendent third party shall do the following: OF HEALTH CARE FROM THE DE- (C) The number of support personnel work- (A) Review all training materials per- PARTMENT. ing each day. taining to scheduling of appointments at (a) IMPLEMENTATION.— (D) The types of appointments available. each medical facility of the Department. (1) IN GENERAL.—Not later than March 31, (E) The rate at which patients fail to ap- (B) Assess whether all employees of the De- 2016, the Secretary of Veterans Affairs shall pear for appointments. partment conducting tasks related to sched- fully implement an upgraded and centralized (F) The number of appointments canceled uling are properly trained for conducting electronic scheduling system described in by a patient on a daily basis. such tasks. subsection (b) for appointments by eligible (G) The number of appointments canceled (C) Assess whether changes in the tech- individuals for health care from the Depart- by a health care provider on a daily basis. nology or system used in scheduling appoint- ment of Veterans Affairs. (H) The number of patients on the wait list ments are necessary to limit access to the (2) AGILE SOFTWARE DEVELOPMENT METH- at any given time. system to only those employees that have ODOLOGIES.—In implementing the upgraded (I) The number of appointments scheduled been properly trained in conducting such electronic scheduling system required by on a daily basis; tasks.

VerDate Mar 15 2010 02:07 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S03JN4.REC S03JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3372 CONGRESSIONAL RECORD — SENATE June 3, 2014 (D) Assess whether health care providers of ticipant, the Secretary, and the head of such not be eligible for other assistance under the Department are making changes to their department or agency, including terms and this chapter in connection with such edu- schedules that hinder the ability of employ- conditions relating to a period of obligated cation and training. ees conducting such tasks to perform such service as a primary care physician with ‘‘§ 7693. Obligated service tasks. such department or agency) if such employ- ‘‘(a) IN GENERAL.—Each participant in the (E) Assess whether the establishment of a ment is offered to the participant by the Sec- Primary Care Educational Assistance Pro- centralized call center throughout the De- retary and the head of such department or gram shall provide service as a full-time em- partment for scheduling appointments at agency.’’. ployee of the Department in the Veterans medical facilities of the Department would SEC. 202. PROGRAM OF EDUCATION AT UNI- Health Administration in a primary care po- improve the process of scheduling such ap- FORMED SERVICES UNIVERSITY OF sition for the period of obligated service pro- THE HEALTH SCIENCES WITH SPE- pointments. vided in the agreement of the participant en- (F) Assess whether booking templates for CIALIZATION IN PRIMARY CARE. (a) PROGRAM REQUIRED UNDER HEALTH PRO- tered into for purposes of this subchapter. each medical facility or clinic of the Depart- Such service shall be provided in a full-time ment would improve the process of sched- FESSIONALS EDUCATIONAL ASSISTANCE PRO- GRAM.— primary care clinical practice in an assign- uling such appointments. ment or location determined by the Sec- (G) Recommend any actions to be taken by (1) IN GENERAL.—Chapter 76 of title 38, United States Code, is amended by adding retary. the Department to improve the process for ‘‘(b) SERVICE COMMENCEMENT DATE.—(1) scheduling such appointments, including the after subchapter VII the following new sub- chapter: Not later than 60 days before a participant’s following: service commencement date, the Secretary (i) Changes in training materials provided ‘‘SUBCHAPTER VIII—PROGRAM OF EDU- shall notify the participant of that service to employees of the Department with respect CATION AT UNIFORMED SERVICES UNI- commencement date. That date is the date to conducting tasks related to scheduling VERSITY OF THE HEALTH SCIENCES for the beginning of the participant’s period such appointments. WITH SPECIALIZATION IN PRIMARY of obligated service. (ii) Changes in monitoring and assessment CARE ‘‘(2) As soon as possible after a partici- conducted by the Department of wait-times ‘‘§ 7691. Authority for program pant’s service commencement date, the Sec- of veterans for such appointments. ‘‘As part of the Educational Assistance retary shall— (iii) Changes in the system used to sched- Program, the Secretary shall, in collabora- ‘‘(A) in the case of a participant who is not ule such appointments, including changes to tion with the Secretary of Defense, carry out a full-time employee in the Veterans Health improve how the Department— a program to permit individuals to enroll in Administration, appoint the participant as (I) measures wait-times of veterans for the Uniformed Services University of the such an employee; and such appointments; Health Sciences under chapter 104 of title 10 ‘‘(B) in the case of a participant who is an (II) monitors the availability of health to pursue a medical education with a spe- employee in the Veterans Health Adminis- care providers of the Department; and cialization in primary care. The program tration but is not serving in a position for (III) provides veterans the ability to sched- shall be known as the Department of Vet- which the participant’s course of education ule such appointments. erans Affairs Primary Care Educational As- or training prepared the participant, assign (iv) Such other actions as the independent sistance Program (in this chapter referred to the participant to such a position. third party considers appropriate. as the ‘Primary Care Educational Assistance ‘‘(3) A participant’s service commencement (3) TIMING.—The independent third party Program’). for purposes of this subsection date is the carrying out the assessment required by ‘‘§ 7692. Selection; agreement; ineligibility for date upon which the participant becomes li- paragraph (1) shall complete such assessment certain other educational assistance censed to practice medicine in a State. not later than 180 days after entering into ‘‘(c) COMMENCEMENT OF OBLIGATED SERV- ‘‘(a) SELECTION.—(1) Medical students at the contract described in such paragraph. ICE.—A participant in the Primary Care Edu- the Uniformed Services University of the (b) REPORT.—Not later than 90 days after cational Assistance Program shall be consid- Health Sciences pursuant to the Primary the date on which the independent third ered to have begun serving the participant’s Care Educational Assistance Program shall party completes the assessment under this period of obligated service— be selected by the Secretary, in consultation section, the Secretary shall submit to the ‘‘(1) on the date on which the participant is with the Secretary of Defense, in accordance Committee on Veterans’ Affairs of the Sen- appointed as a full-time employee in the with procedures established by the Secre- ate and the Committee on Veterans’ Affairs Veterans Health Administration pursuant to taries for purposes of the Program. of the House of Representatives a report on subsection (b)(2)(A); or the results of such assessment. ‘‘(2) The procedures referred to in para- graph (1) shall emphasize the basic require- ‘‘(2) if the participant is a full-time em- TITLE II—TRAINING AND HIRING OF ment that students demonstrate a motiva- ployee in the Veterans Health Administra- HEALTH CARE STAFF tion and dedication to a medical career in tion and assigned to a position pursuant to SEC. 201. MODIFICATION OF LIABILITY FOR primary care. subsection (b)(2)(B), on the date on which the BREACH OF PERIOD OF OBLIGATED ‘‘(3) The number of medical students se- participant is so assigned to such position. SERVICE UNDER HEALTH PROFES- ‘‘§ 7694. Breach of agreement: liability SIONALS EDUCATIONAL ASSISTANCE lected each year for first-year enrollment in PROGRAM FOR PRIMARY CARE PHY- the University pursuant to this subsection ‘‘(a) LIABILITY DURING COURSE OF EDU- SICIANS. shall be jointly determined by the Secretary CATION OR TRAINING.—(1) A participant in the Section 7617 of title 38, United States Code, and the Secretary of Defense. Primary Care Educational Assistance Pro- is amended— ‘‘(b) AGREEMENT.—An agreement between gram shall be liable to the United States for (1) In subsection (c)(1), by striking ‘‘If a the Secretary and a participant in the Pri- the amount which has been paid on behalf of participant’’ and inserting ‘‘Except as pro- mary Care Educational Assistance Program the participant under the agreement entered vided in subsection (d), if a participant’’; and shall (in addition to the requirements set into for purposes of this subchapter if any of (2) by adding at the end the following new forth in section 7604 of this title) include the the following occurs: subsection: following: ‘‘(A) The participant fails to maintain an ‘‘(d) Liability shall not arise under sub- ‘‘(1) The Secretary’s agreement to cover acceptable level of academic standing in the section (c) in the case of a participant other- the costs of the participant’s education and Uniformed Services University of the Health wise covered by that subsection who has pur- training at the Uniformed Services Univer- Sciences. sued a course of education or training in pri- sity of the Health Sciences under chapter 104 ‘‘(B) The participant is dismissed from the mary care if— of title 10 as if the participant were a med- Uniformed Services University of the Health ‘‘(1) the participant— ical student enrolled in the University pur- Sciences for disciplinary reasons. ‘‘(A) does not obtain, or fails to maintain, suant to section 2114 of title 10. ‘‘(C) The participant voluntarily termi- employment as a Department employee due ‘‘(2) The participant’s agreement to serve nates the course of medical education and to staffing changes approved by the Under as a full-time employee in the Veterans training in the Uniformed Services Univer- Secretary for Health; or Health Administration in a position as a pri- sity of the Health Sciences before the com- ‘‘(B) does not obtain, or fails to maintain, mary care physician for a period of time (in pletion of such course of education and employment in a position of primary care this subchapter referred to as the ‘period of training. physician in the Veterans Health Adminis- obligated service’) of one calendar year for ‘‘(D) The participant fails to become li- tration due, as determined by the Secretary, each school year or part thereof for which censed to practice medicine in a State dur- to a number of primary care physicians in the participant was a medical student at the ing a period of time determined under regu- the Administration that is excess to the Uniformed Services University of the Health lations prescribed by the Secretary. needs of the Administration; and Sciences pursuant to the Primary Care Edu- ‘‘(2) Liability under this subsection is in ‘‘(2) the participant agrees to accept and cational Assistance Program, but for not less lieu of any service obligation arising under a maintain employment as a primary care than one year. participant’s agreement for purposes of this physician with another department or agen- ‘‘(c) INELIGIBILITY FOR OTHER EDUCATIONAL subchapter. cy of the Federal Government (with such em- ASSISTANCE.—An individual who receives ‘‘(b) LIABILITY DURING PERIOD OF OBLI- ployment to be under such terms and condi- education and training under the Primary GATED SERVICE.—(1) Except as provided in tions as are jointly agreed upon by the par- Care Educational Assistance Program shall subsection (c) and subject to paragraph (2), if

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a participant in the Primary Care Edu- ‘‘7693. Obligated service. (b) REPORTS.— cational Assistance Program breaches the ‘‘7694. Breach of agreement: liability. (1) IN GENERAL.—Not later than 180 days agreement entered into for purposes of this ‘‘7695. Funding.’’. after the date of the enactment of this Act, subchapter by failing for any reason to com- (b) INCLUSION OF PROGRAM IN HEALTH PRO- and not later than December 31 of each even plete the participant’s period of obligated FESSIONALS EDUCATIONAL ASSISTANCE PRO- numbered year thereafter until 2024, the Sec- service, the United States shall be entitled GRAM.—Section 7601(a) of such title is retary of Veterans Affairs shall submit to to recover from the participant an amount amended— the Committee on Veterans’ Affairs of the equal to— (1) in paragraph (4), by striking ‘‘; and’’ and Senate and the Committee on Veterans’ Af- ‘‘(A) the total amount paid under this sub- inserting a semicolon; fairs of the House of Representatives a re- chapter on behalf of the participant; multi- (2) in paragraph (5), by striking the period port assessing the staffing of each medical plied by at the end and inserting ‘‘; and’’; and facility of the Department of Veterans Af- ‘‘(B) a fraction— (3) by adding at the end the following new fairs. ‘‘(i) the numerator of which is— paragraph: (2) ELEMENTS.—Each report submitted ‘‘(I) the total number of months in the par- ‘‘(6) the enrollment of individuals in the under paragraph (1) shall include the fol- ticipant’s period of obligated service; minus Uniformed Services University of the Health lowing: ‘‘(II) the number of months served by the Sciences for specialization in primary care (A) The results of a system-wide assess- participant pursuant to the agreement; and provided for in subchapter VIII of this chap- ‘‘(ii) the denominator of which is the total ter.’’. ment of all medical facilities of the Depart- number of months in the participant’s period (c) APPLICATION REQUIREMENTS.— ment to ensure the following: of obligated service. (1) IN GENERAL.—Subsection (a)(1) of sec- (i) Appropriate staffing levels for health ‘‘(2) Any period of internship or residency tion 7603 of such title is amended in the mat- care providers to meet the goals of the Sec- training of a participant shall not be treated ter preceding subparagraph (A) by striking ‘‘, retary for timely access to care for veterans. as satisfying the participant’s period of obli- or VI’’ and inserting ‘‘, VI, or VIII’’. (ii) Appropriate staffing levels for support gated service for purposes of this subsection. (2) NO PRIORITY FOR APPLICATIONS.—Sub- personnel, including clerks. ‘‘(c) EXCEPTIONS.—Liability shall not arise section (d) of such section is amended— (iii) Appropriate sizes for clinical panels. under subsection (b) in the case of a partici- (A) by striking ‘‘In selecting’’ and insert- (iv) Appropriate numbers of full-time staff, pant otherwise covered by that subsection ing ‘‘(1) Except as provided in paragraph (2), or full-time equivalent, dedicated to direct if— in selecting’’; and care of patients. ‘‘(1) the participant— (B) by adding at the end the following new (v) Appropriate physical plant space to ‘‘(A) does not obtain, or fails to maintain, paragraph: meet the capacity needs of the Department employment as a Department employee due ‘‘(2) Paragraph (1) shall not apply with re- in that area. to staffing changes approved by the Under spect to applicants for participation in the (vi) Such other factors as the Secretary Secretary for Health; or Program of Education at Uniformed Services considers necessary. ‘‘(B) does not obtain, or fails to maintain, University of the Health Sciences With Spe- (B) A plan for addressing any issues identi- employment in a position of primary care cialization in Primary Care pursuant to sub- fied in the assessment described in subpara- physician in the Veterans Health Adminis- chapter VIII of this chapter.’’. graph (A), including a timeline for address- tration due, as determined by the Secretary, (d) AGREEMENT REQUIREMENTS.—Section ing such issues. to a number of primary care physicians in 7604 of such title is amended by striking ‘‘, or (C) A list of the current wait times and the Administration that is excess to the VI’’ each place it appears and inserting ‘‘, VI, workload levels for the following clinics in needs of the Administration; and or VIII’’. each medical facility: ‘‘(2) the participant agrees to accept and SEC. 203. TREATMENT OF STAFFING SHORTAGE (i) Mental health. maintain employment as a primary care AND BIANNUAL REPORT ON STAFF- (ii) Primary care. physician with another department or agen- ING OF MEDICAL FACILITIES OF THE (iii) Gastroenterology. cy of the Federal Government (with such em- DEPARTMENT OF VETERANS AF- (iv) Women’s health. FAIRS. ployment to be under such terms and condi- (v) Such other clinics as the Secretary con- (a) STAFFING SHORTAGE.— tions as are jointly agreed upon by the par- siders appropriate. (1) IN GENERAL.—Not later than 180 days ticipant, the Secretary, and the head of such (D) A description of the results of the de- after the date of the enactment of this Act, department or agency, including terms and termination of the Secretary under para- and not later than September 30 each year conditions relating to a period of obligated graph (1) of subsection (a) and a plan to use thereafter, the Secretary of Veterans Affairs service as a primary care physician with direct appointment authority under para- shall determine, and publish in the Federal such department or agency) if such employ- graph (2) of such subsection to fill staffing Register, the five occupations of health care ment is offered to the participant by the Sec- shortages, including recommendations for providers of the Department of Veterans Af- retary and the head of such department or improving the speed at which the agency. fairs for which there is the largest staffing shortage throughout the Department. credentialing and privileging process can be ‘‘§ 7695. Funding conducted. (2) RECRUITMENT AND APPOINTMENT.—Not- ‘‘(a) IN GENERAL.—Amounts for the Pri- withstanding sections 3304 and 3309 through (E) The current staffing models of the De- mary Care Educational Assistance Program partment for the following clinics, including shall be derived from amounts available to 3318 of title 5, United States Code, the Sec- retary may, upon a determination by the recommendations for changes to such mod- the Secretary for the Veterans Health Ad- els: ministration. Secretary under paragraph (1) or a modifica- tion to such determination under paragraph (i) Mental health. ‘‘(b) TRANSFER.—(1) The Secretary shall (ii) Primary care. transfer to the Secretary of Defense amounts (2), that there is a staffing shortage through- (iii) Gastroenterology. required by the Secretary of Defense to carry out the Department with respect to a par- (iv) Women’s health. out the Primary Care Educational Assist- ticular occupation of health care provider, (v) Such other clinics as the Secretary con- ance Program. recruit and directly appoint highly qualified ‘‘(2) Amounts transferred to the Secretary health care providers to a position to serve siders appropriate. of Defense pursuant to paragraph (1) shall be as a health care provider in that particular (F) A detailed analysis of succession plan- credited to the appropriation or account pro- occupation for the Department. ning at medical facilities of the Department, viding funding for the Uniformed Services (3) PRIORITY IN HEALTH PROFESSIONALS EDU- including the following: University of the Health Sciences. Amounts CATIONAL ASSISTANCE PROGRAM TO CERTAIN (i) The number of positions in medical fa- so credited shall be merged with amounts in PROVIDERS.—Section 7612(b)(5) of title 38, cilities throughout the Department that are the appropriation or account to which cred- United States Code, is amended— not filled by a permanent employee. ited and shall be available, subject to the (A) in subparagraph (A), by striking ‘‘and’’ (ii) The length of time each such position terms and conditions applicable to such ap- at the end; described in clause (i) remained vacant or propriation or account, for the Uniformed (B) by redesignating subparagraph (B) as filled by a temporary or acting employee. Services University of the Health Sciences.’’. subparagraph (C); and (iii) A description of any barriers to filling (2) CLERICAL AMENDMENT.—The table of (C) by inserting after subparagraph (A) the the positions described in clause (i). sections at the beginning of chapter 76 of following new subparagraph (B): (iv) A plan for filling any positions that such title is amended by adding after the ‘‘(B) shall give priority to applicants pur- are vacant or filled by a temporary or acting item relating to section 7684 the following: suing a course of education or training to- employee for more than 180 days. ‘‘SUBCHAPTER VIII—PROGRAM OF EDUCATION AT wards a career in an occupation for which (v) A plan for handling emergency cir- UNIFORMED SERVICES UNIVERSITY OF THE the Secretary has, in the most current deter- cumstances, such administrative leave or HEALTH SCIENCES WITH SPECIALIZATION IN mination published in the Federal Register sudden medical leave for senior officials. PRIMARY CARE pursuant to section 203(a)(1) of the Ensuring (G) The number of health care providers ‘‘7691. Authority for program. Veterans Access to Care Act of 2014, deter- who have been removed from their position ‘‘7692. Selection; agreement; ineligibility for mined that there is one of the largest staff- or have retired, by provider type, during the certain other educational as- ing shortage throughout the Department two-year period preceding the submittal of sistance. with respect to such occupation; and’’. the report.

VerDate Mar 15 2010 02:07 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S03JN4.REC S03JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3374 CONGRESSIONAL RECORD — SENATE June 3, 2014 (H) Of the health care providers specified uals eligible for the scholarships and loan re- (D) Section 1786 of such title, relating to in subparagraph (G) that have been removed payment contracts under subsection (a), all health care services furnished to newborn from their position, the following: health facilities of the Department of Vet- children of women veterans who are receiv- (i) The number of such health care pro- erans Affairs shall be deemed health profes- ing maternity care furnished by the Depart- viders who were reassigned to another posi- sional shortage areas, as defined in section ment at a non-Department facility. tion in the Department. 332 of the Public Health Service Act (42 (E) Any other authority under the laws ad- (ii) The number of such health care pro- U.S.C. 254e). ministered by the Secretary to provide hos- viders who left the Department. (c) REQUIREMENT.—The Secretary of Health pital care, medical services, or other health SEC. 204. CLINIC MANAGEMENT TRAINING PRO- and Human Services shall ensure that a min- care from a non-Department provider, in- GRAM OF THE DEPARTMENT OF imum of 5 scholarships or loan repayment cluding the following: VETERANS AFFAIRS. contracts are awarded to individuals who (i) A Federally-qualified health center (as (a) IN GENERAL.—Not later than 180 days agree to a period of obligated service at Vet- defined in section 1905(l)(2)(B) of the Social after the date of the enactment of this Act, erans Affairs facilities in each State. Security Act (42 U.S.C. 1396d(l)(2)(B))). the Secretary of Veterans Affairs shall im- (d) APPLICABILITY OF NHSC PROGRAM RE- (ii) The Department of Defense. plement a clinic management training pro- QUIREMENTS.—Except as otherwise provided (iii) The Indian Health Service. gram to provide in-person, standardized edu- in this section, the terms of the National (3) REQUIREMENTS.—In ensuring timely ac- cation on health care management to all Health Service Corps Scholarship Program cess of all veterans to the care and services managers of, and health care providers at, and the National Health Service Corps Loan described in paragraph (1) through the en- medical facilities of the Department of Vet- Repayment Program shall apply to partici- hanced use of authorities specified in para- erans Affairs. pants awarded a grant or loan repayment graph (2), the Secretary shall require the fol- (b) ELEMENTS.—The clinic management contract under subsection (a) in the same lowing: training program required by subsection (a) manner that such terms apply to partici- (A) That each veteran who has not received shall include the following: pants awarded a grant or loan repayment hospital care, medical services, or other (1) Training on how to manage the sched- contract under section 338A or 338B of the health care from the Department and is ules of health care providers of the Depart- Public Health Service Act. seeking an appointment for primary care ment, including the following: (e) INCLUSION OF GERIATRICIANS.—For pur- under the laws administered by the Sec- (A) Maintaining such schedules in a man- poses of awarding scholarships and loan re- retary receive an appointment for primary ner that allows appointments to be booked payments contracts to eligible individuals care at a time consistent with timeliness at least eight weeks in advance. who agree to a period of obligated service at measures established by the Secretary for (B) Proper planning procedures for vaca- a health facility of the Department of Vet- purposes of providing primary care to all tion, leave, and graduate medical education erans Affairs pursuant to this section, in sec- veterans. training schedules. tions 338A and 338B of the Public Health (B) That the determination whether to (2) Training on the appropriate number of Service Act (42 U.S.C. 254l, 254l–1), the term refer a veteran for specialty care through a appointments that a health care provider ‘‘primary health services’’ shall include geri- non-Department provider shall take into ac- should conduct on a daily basis, based on atrics. count the urgency and acuity of such vet- specialty. (f) FUNDING.—The Secretary of Veterans eran’s need for such care, including— (3) Training on how to determine whether Affairs shall transfer $20,000,000 for fiscal (i) the severity of the condition of such there are enough available appointment slots year 2014, and such sums as may be necessary veteran requiring specialty care; and to manage demand for different appointment for each fiscal year thereafter, from ac- (ii) the wait-time for an appointment with types and mechanisms for alerting manage- counts of the Veterans Health Administra- a specialist with respect to such condition at ment of insufficient slots. tion to the Secretary of Health and Human the nearest medical facility of the Depart- (4) Training on how to properly use the Services to award scholarships and loan re- ment with the capacity to provide such care. data produced by the scheduling dashboard payment contracts, as described in sub- (C) That the determination whether a vet- required by section 101(b)(11) of this Act to section (a). All funds so transferred shall be eran shall receive hospital care, medical meet demand for health care, including the used exclusively for the purposes described services, or other health care from the De- following: in such subsection. partment through facilities of the Depart- (A) Training on determining the next SEC. 206. AUTHORIZATION OF EMERGENCY AP- ment or through non-Department providers available appointment for each health care PROPRIATIONS. pursuant to the authorities specified in para- There is authorized to be appropriated for provider at the medical facility. graph (2) shall take into account, in the the Department of Veterans Affairs such (B) Training on determining the number of manner specified by the Secretary, the fol- sums as may be necessary to carry out this health care providers needed to meet demand lowing: title. for health care at the medical facility. (i) The distance the veteran would be re- (C) Training on determining the number of TITLE III—IMPROVEMENT OF ACCESS TO quired to travel to receive care or services exam rooms needed to meet demand for such CARE FROM NON-DEPARTMENT OF VET- through a non-Department provider com- health care in an efficient manner. ERANS AFFAIRS PROVIDERS pared to the distance the veteran would be (5) Training on how to properly use the ap- SEC. 301. IMPROVEMENT OF ACCESS BY VET- required to travel to receive care or services from a medical facility of the Department. pointment scheduling system of the Depart- ERANS TO HEALTH CARE FROM (ii) Any factors that might limit the abil- ment, including any new scheduling system NON-DEPARTMENT OF VETERANS AFFAIRS PROVIDERS. ity of the veteran to travel, including age, implemented by the Department. (a) IMPROVEMENT OF ACCESS.— access to transportation, and infirmity. (6) Training on how to optimize the use of (1) IN GENERAL.—The Secretary of Veterans (iii) The wait-time for the provision of care technology, including the following: Affairs shall ensure timely access of all vet- or services through a non-Department pro- (A) Telemedicine. erans to the hospital care, medical services, vider compared to the wait-time for the pro- (B) Electronic mail. and other health care for which such vet- vision of care or services from a medical fa- (C) Text messaging. erans are eligible under the laws adminis- cility of the Department. (D) Such other technologies as specified by tered by the Secretary through the enhanced (iv) Where the veteran would prefer to re- the Secretary. use of authorities specified in paragraph (2) ceive the care and services described in para- (7) Training on how to properly use phys- on the provision of such care and services graph (1), unless the preference of the vet- ical plant space at medical facilities of the through non-Department of Veterans Affairs eran conflicts with any of the other require- Department to ensure efficient flow and pri- providers (commonly referred to as ‘‘non-De- ments of this paragraph. vacy for patients and staff. partment of Veterans Affairs medical care’’). (D) That the Department maximize the use SEC. 205. INCLUSION OF DEPARTMENT OF VET- (2) AUTHORITIES ON PROVISION OF CARE of hospital care, medical services, and other ERANS AFFAIRS FACILITIES IN NA- TIONAL HEALTH SERVICE CORPS THROUGH NON-DEPARTMENT PROVIDERS.—The health care available to the Department SCHOLARSHIP AND LOAN REPAY- authorities specified in this paragraph are through non-Department providers, includ- MENT PROGRAMS. the following: ing providers available to provide such care (a) IN GENERAL.—The Secretary of Health (A) Section 1703 of title 38, United States and services as follows: and Human Services shall use the funds Code, relating to contracts for the provision (i) Pursuant to contracts under the Pa- transferred under subsection (e) to award of hospital care and medical services tient-Centered Community Care Program of scholarship and loan repayment contracts through non-Department facilities. the Department. under sections 338A and 338B of the Public (B) Section 1725 of such title, relating to (ii) Pursuant to contracts between a facil- Health Service Act (42 U.S.C. 254l, 254l–1) to reimbursement of certain veterans for the ity or facilities of the Department and a eligible individuals who agree to a period of reasonable value of emergency treatment at local facility or provider. obligated service under section 338A(f)(1) or non-Department facilities. (iii) Pursuant to contracts with Federally- 338B(f)(1) of such Act, as applicable, at a (C) Section 1728 of such title, relating to qualified health centers (as defined in sec- health facility of the Department of Vet- reimbursement of certain veterans for cus- tion 1905(l)(2)(B) of the Social Security Act erans Affairs. tomary and usual charges of emergency (42 U.S.C. 1396d(l)(2)(B))), the Department of (b) HEALTH PROFESSIONAL SHORTAGE treatment from sources other than the De- Defense, or the Indian Health Service. AREAS.—For purposes of selecting individ- partment. (iv) On a fee-for-service basis.

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(b) MEDICAL RECORDS.—In providing hos- (i) An assessment of the extent to which (2) not include in the budget of each Vet- pital care, medical services, and other health the program described in subparagraph (A) erans Integrated Service Network and med- care to veterans through non-Department has accomplished the goal of such program ical center of the Department amounts to providers pursuant to the authorities speci- to improve the access to, and quality and pay for such care and services. fied in paragraph (2), the Secretary shall en- cost effectiveness of, the health care pro- (c) REMOVAL FROM PERFORMANCE GOALS.— sure that any such provider submits to the vided by the Veterans Health Administration For each fiscal year that begins after the Department any medical record related to and the Military Health System to the bene- date of the enactment of this Act, the Sec- the care and services provided to a veteran ficiaries of both the Department of Veterans retary shall not include in the performance by that provider for inclusion in the elec- Affairs and the Department of Defense. goals of any employee of a Veterans Inte- tronic medical record of such veteran main- (ii) An assessment of whether administra- grated Service Network or medical center of tained by the Department upon the comple- tion of such program through the Health Ex- the Department any performance goal that tion of the provision of such care and serv- ecutive Committee of the Department of might disincentivize the payment of Depart- ices to such veteran. Veterans Affairs-Department of Defense ment amounts to provide hospital care, med- (c) REPORTS.— Joint Executive Committee established ical services, or other health care through a (1) INITIAL REPORT.—Not later than 45 days under section 320 of such title provides suffi- non-Department provider. after the date of the enactment of this Act, cient leadership attention and oversight to SEC. 304. ENHANCEMENT OF COLLABORATION the Secretary shall submit to the Committee ensure maximum benefits to the Department BETWEEN DEPARTMENT OF VET- on Veterans’ Affairs of the Senate and the of Veterans Affairs and the Department of ERANS AFFAIRS AND INDIAN Committee on Veterans’ Affairs of the House Defense through collaborative efforts. HEALTH SERVICE. of Representatives a report on the implemen- (iii) An assessment of whether additional (a) OUTREACH TO TRIBAL-RUN MEDICAL FA- tation of the requirements under subsection authorities to jointly construct, lease, or ac- CILITIES.—The Secretary of Veterans Affairs (a) and (b), including a plan to enforce the quire facilities would facilitate additional shall, in consultation with the Director of proper implementation of such requirements collaborative efforts under such program. the Indian Health Service, conduct outreach systematically throughout the Department. (iv) An assessment of whether the funding to each medical facility operated by an In- (2) PERIODIC REPORTS.—Not later than 90 for such program is sufficient to ensure con- dian tribe or tribal organization through a days after the submittal of the report re- sistent identification of potential opportuni- contract or compact with the Indian Health quired by paragraph (1), and every 90 days ties for collaboration and oversight of exist- Service under the Indian Self-Determination thereafter for one year, the Secretary shall ing collaborations to ensure a meaningful and Education Assistance Act (25 U.S.C. 450 submit to the Committee on Veterans’ Af- partnership between the Department of Vet- et seq.) to raise awareness of the ability of fairs of the Senate and the Committee on erans Affairs and the Department of Defense such facilities, Indian tribes, and tribal orga- Veterans’ Affairs of the House of Representa- and remove any barriers to integration or nizations to enter into agreements with the tives a report that includes the following: collaboration. Department of Veterans Affairs under which (A) The progress of the Secretary in car- (v) An assessment of whether existing the Secretary reimburses such facilities, In- rying out the plan under paragraph (1) to en- processes for identifying opportunities for dian tribes, or tribal organizations, as the force the proper implementation of the re- collaboration are sufficient to ensure max- case may be, for health care provided to vet- quirements under subsection (a) and (b) sys- imum collaboration between the Veterans erans eligible for health care at such facili- tematically throughout the Department. Health Administration and the Military ties. (B) The impact of the implementation of Health System. (b) METRICS FOR MEMORANDUM OF UNDER- such requirements on wait-times for vet- (vi) Such legislative or administrative rec- STANDING PERFORMANCE.—The Secretary of erans to receive hospital care, medical serv- ommendations for improvement to such pro- Veterans Affairs shall implement perform- ices, and other health care, disaggregated gram as the Comptroller General considers ance metrics for assessing the performance by— appropriate to enhance the use of such pro- by the Department of Veterans Affairs and (i) new patients; gram to increase access to health care. the Indian Health Service under the memo- (ii) existing patients; SEC. 303. TRANSFER OF AUTHORITY FOR PAY- randum of understanding entitled ‘‘Memo- (iii) primary care; and MENTS FOR HOSPITAL CARE, MED- randum of Understanding between the De- (iv) specialty care. ICAL SERVICES, AND OTHER partment of Veterans Affairs (VA) and the HEALTH CARE FROM NON-DEPART- (C) Any recommendations for changes or Indian Health Service (IHS)’’ in increasing MENT PROVIDERS TO THE CHIEF access to health care, improving quality and improvements to such requirements. BUSINESS OFFICE OF THE VET- (D) Any requests for additional funding ERANS HEALTH ADMINISTRATION coordination of health care, promoting effec- necessary to carry out such requirements. OF THE DEPARTMENT. tive patient-centered collaboration and part- SEC. 302. EXTENSION OF AND REPORT ON JOINT (a) TRANSFER OF AUTHORITY.— nerships between the Department and the INCENTIVES PROGRAM OF DEPART- (1) IN GENERAL.—Effective on October 1, Service, and ensuring health-promotion and MENT OF VETERANS AFFAIRS AND 2014, the Secretary of Veterans Affairs shall disease-prevention services are appropriately DEPARTMENT OF DEFENSE. transfer the authority to pay for hospital funded and available for beneficiaries under (a) EXTENSION.—Section 8111(d)(3) of title care, medical services, and other health care both health care systems. 38, United States Code, is amended by strik- through non-Department providers to the (c) REPORT.—Not later than 180 days after ing ‘‘September 30, 2015’’ and inserting ‘‘Sep- Chief Business Office of the Veterans Health the date of the enactment of this Act, the tember 30, 2020’’. Administration of the Department of Vet- Secretary of Veterans Affairs and the Direc- (b) REPORTS.— erans Affairs from the Veterans Integrated tor of the Indian Health Service shall jointly (1) REPORT ON IMPLEMENTATION OF REC- Service Networks and medical centers of the submit to Congress a report on the feasi- OMMENDATIONS.—Not later than 60 days after Department of Veterans Affairs. bility and advisability of the following: the date of the enactment of this Act, the (2) MANNER OF CARE.—The Chief Business (1) Entering into agreements for the reim- Secretary of Veterans Affairs and the Sec- Office shall work in consultation with the bursement by the Secretary of the costs of retary of Defense shall jointly submit to Office of Clinical Operations and Manage- direct care services provided through organi- Congress a report on the implementation by ment of the Department of Veterans Affairs zations receiving amounts pursuant to the Department of Veterans Affairs and the to ensure that care and services described in grants made or contracts entered into under Department of Defense of the findings and paragraph (1) is provided in a manner that is section 503 of the Indian Health Care Im- recommendations of the Comptroller Gen- clinically appropriate and effective. provement Act (25 U.S.C. 1653) to veterans eral of the United States in the September (3) NO DELAY IN PAYMENT.—The transfer of who are otherwise eligible to receive health 2012 report entitled ‘‘VA and DoD Health authority under paragraph (1) shall be car- care from such organizations. Care: Department-Level Actions Needed to ried out in a manner that does not delay or (2) Including the reimbursement of the Assess Collaboration Performance, Address impede any payment by the Department for costs of direct care services provided to vet- Barriers, and Identify Opportunities’’ (GAO– hospital care, medical services, or other erans who are not Indians in agreements be- 12–992). health care provided through a non-Depart- tween the Department and the following: (2) COMPTROLLER GENERAL REPORT.— ment provider under the laws administered (A) The Indian Health Service. (A) IN GENERAL.—Not later than one year by the Secretary. (B) An Indian tribe or tribal organization after the date of the enactment of this Act, (b) BUDGETARY EFFECT.—The Secretary operating a medical facility through a con- the Comptroller General of the United States shall, for each fiscal year that begins after tract or compact with the Indian Health shall submit to Congress a report assessing the date of the enactment of this Act— Service under the Indian Self-Determination and providing recommendations for improve- (1) include in the budget for the Chief Busi- and Education Assistance Act (25 U.S.C. 450 ment to the program to identify, provide in- ness Office of the Veterans Health Adminis- et seq.). centives to, implement, fund, and evaluate tration amounts to pay for hospital care, (C) A medical facility of the Indian Health creative coordination and sharing initiatives medical services, and other health care pro- Service. between the Department of Veterans Affairs vided through non-Department providers, in- (d) DEFINITIONS.—In this section: and the Department of Defense required cluding any amounts necessary to carry out (1) INDIAN.—The terms ‘‘Indian’’ and ‘‘In- under section 8111(d) of such title. the transfer of authority to pay for such care dian tribe’’ have the meanings given those (B) ELEMENTS.—The report required by and services under subsection (a), including terms in section 4 of the Indian Health Care subparagraph (A) shall include the following: any increase in staff; and Improvement Act (25 U.S.C. 1603).

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(2) MEDICAL FACILITY OF THE INDIAN HEALTH (1) The use of mobile vet centers to provide (iv) At least two members from among per- SERVICE.—The term ‘‘medical facility of the telemedicine services to veterans during the sons who are familiar with the Veterans Indian Health Service’’ includes a facility year preceding the submittal of the report, Health Administration. operated by an Indian tribe or tribal organi- including the following: (C) DATE.—The appointments of members zation through a contract or compact with (A) The number of days each mobile vet of the Commission shall be made not later the Indian Health Service under the Indian center was open to provide such services. than 60 days after the date of the enactment Self-Determination and Education Assist- (B) The number of days each mobile vet of this Act. ance Act (25 U.S.C. 450 et seq.). center traveled to a location other than the (3) PERIOD OF APPOINTMENT; VACANCIES.— (3) TRIBAL ORGANIZATION.—The term ‘‘trib- headquarters of the mobile vet center to pro- Members shall be appointed for the life of al organization’’ has the meaning given the vide such services. the Commission. Any vacancy in the Com- term in section 4 of the Indian Self-Deter- (C) The number of appointments each cen- mission shall not affect its powers, but shall mination and Education Assistance Act (25 ter conducted to provide such services on av- be filled in the same manner as the original U.S.C. 450b). erage per month and in total during such appointment. SEC. 305. ENHANCEMENT OF COLLABORATION year. (4) INITIAL MEETING.—Not later than 15 BETWEEN DEPARTMENT OF VET- (2) An analysis of the effectiveness of using days after the date on which seven voting ERANS AFFAIRS AND NATIVE HAWAI- mobile vet centers to provide health care members of the Commission have been ap- IAN HEALTH CARE SYSTEMS. services to veterans through the use of tele- pointed, the Commission shall hold its first (a) IN GENERAL.—The Secretary of Vet- medicine. meeting. erans Affairs shall, in consultation with (3) Any recommendations for an increase (5) MEETINGS.—The Commission shall meet Papa Ola Lokahi and such other organiza- in the number of mobile vet centers of the at the call of the Chairperson. tions involved in the delivery of health care Department. (6) QUORUM.—A majority of the members of to Native Hawaiians as the Secretary con- (4) Any recommendations for an increase the Commission shall constitute a quorum, siders appropriate, enter into contracts or in the telemedicine capabilities of each mo- but a lesser number of members may hold agreements with Native Hawaiian health bile vet center. hearings. care systems that are in receipt of funds (5) The feasibility and advisability of using (7) CHAIRPERSON AND VICE CHAIRPERSON.— from the Secretary of Health and Human temporary health care providers, including The Commission shall select a Chairperson Services pursuant to grants awarded or con- locum tenens, to provide direct health care and Vice Chairperson from among its mem- tracts entered into under section 6(a) of the services to veterans at mobile vet centers. bers. Native Hawaiian Health Care Improvement (6) Such other recommendations on im- (b) DUTIES OF COMMISSION.— Act (42 U.S.C. 11705(a)) for the reimburse- provement of the use of mobile vet centers (1) EVALUATION AND ASSESSMENT.—The ment of direct care services provided to eli- by the Department as the Secretary con- Commission shall undertake a comprehen- gible veterans as specified in such contracts siders appropriate. sive evaluation and assessment of access to or agreements. SEC. 402. COMMISSION ON ACCESS TO CARE. health care at the Department of Veterans Affairs. (b) DEFINITIONS.—In this section, the terms (a) ESTABLISHMENT OF COMMISSION.— ‘‘Native Hawaiian’’, ‘‘Native Hawaiian (1) IN GENERAL.—There is established the (2) MATTERS EVALUATED AND ASSESSED.— health care system’’, and ‘‘Papa Ola Lokahi’’ Commission on Access to Care (in this sec- The matters evaluated and assessed by the have the meanings given those terms in sec- tion referred to as the ‘‘Commission’’) to ex- Commission shall include the following: tion 12 of the Native Hawaiian Health Care amine the access of veterans to health care (A) The appropriateness of current stand- Improvement Act (42 U.S.C. 11711). from the Department of Veterans Affairs and ards of the Department of Veterans Affairs strategically examine how best to organize concerning access to health care. SEC. 306. AUTHORIZATION OF EMERGENCY AP- (B) The measurement of such standards. PROPRIATIONS. the Veterans Health Administration, locate (C) The appropriateness of performance There is authorized to be appropriated for health care resources, and deliver health care to veterans during the next 10 to 20 standards and incentives in relation to the Department of Veterans Affairs such years. standards described in subparagraph (A). sums as may be necessary to carry out this (2) MEMBERSHIP.— (D) Staffing levels throughout the Vet- title. (A) VOTING MEMBERS.—The Commission erans Health Administration and whether TITLE IV—HEALTH CARE shall be composed of 10 voting members who they are sufficient to meet current demand ADMINISTRATIVE MATTERS are appointed by the President as follows: for health care from the Administration. SEC. 401. IMPROVEMENT OF ACCESS OF VET- (i) At least two members who represent an (3) REPORTS.—The Commission shall sub- ERANS TO MOBILE VET CENTERS OF organization recognized by the Secretary of mit to the President, through the Secretary THE DEPARTMENT OF VETERANS Veterans Affairs for the representation of of Veterans Affairs, reports as follows: AFFAIRS. veterans under section 5902 of title 38, United (A) Not later than 90 days after the date of (a) IMPROVEMENT OF ACCESS.— States Code. the initial meeting of the Commission, an in- (1) IN GENERAL.—The Secretary of Veterans (ii) At least one member from among per- terim report on— Affairs shall improve the access of veterans sons who are experts concerning a public or (i) the findings of the Commission with re- to telemedicine and other health care private hospital system. spect to the evaluation and assessment re- through the use of mobile vet centers of the (iii) At least one member from among per- quired by this subsection; and Department of Veterans Affairs by providing sons who are familiar with government (ii) such recommendations as the Commis- standardized requirements for the operation health care systems, including those systems sion may have for legislative or administra- of such centers. of the Department of Defense, the Indian tive action to improve access to health care (2) REQUIREMENTS.—The standardized re- Health Service, and Federally-qualified through the Veterans Health Administra- quirements required by paragraph (1) shall health centers (as defined in section tion. include the following: 1905(l)(2)(B) of the Social Security Act (42 (B) Not later than 180 days after the date of (A) The number of days each mobile vet U.S.C. 1396d(l)(2)(B))). the initial meeting of the Commission, a center of the Department is expected to trav- (iv) At least two members from among per- final report on— el per year. sons who are familiar with the Veterans (i) the findings of the Commission with re- (B) The number of locations each center is Health Administration. spect to the evaluation and assessment re- expected to visit per year. (B) NONVOTING MEMBERS.—In addition to quired by this subsection; and (C) The number of appointments each cen- members appointed under subparagraph (A), (ii) such recommendations as the Commis- ter is expected to conduct per year. the Commission shall be composed of 10 non- sion may have for legislative or administra- (D) The method and timing of notifications voting members who are appointed by the tive action to improve access to health care given by each center to individuals in the President as follows: through the Veterans Health Administra- area to which such center is traveling, in- (i) At least two members who represent an tion. cluding notifications informing veterans of organization recognized by the Secretary of (c) POWERS OF THE COMMISSION.— the availability to schedule appointments at Veterans Affairs for the representation of (1) HEARINGS.—The Commission may hold the center. veterans under section 5902 of title 38, United such hearings, sit and act at such times and (3) USE OF TELEMEDICINE.—The Secretary States Code. places, take such testimony, and receive shall ensure that each mobile vet center of (ii) At least one member from among per- such evidence as the Commission considers the Department has the capability to provide sons who are experts in a public or private advisable to carry out this section. telemedicine services. hospital system. (2) INFORMATION FROM FEDERAL AGENCIES.— (b) REPORTS.—Not later than one year (iii) At least one member from among per- The Commission may secure directly from after the date of the enactment of this Act, sons who are familiar with government any Federal department or agency such in- and not later than September 30 each year health care systems, including those systems formation as the Commission considers nec- thereafter, the Secretary of Veterans Affairs of the Department of Defense, the Indian essary to carry out this section. Upon re- shall submit to the Committee on Veterans’ Health Service, and Federally-qualified quest of the Chairperson of the Commission, Affairs of the Senate and the Committee on health centers (as defined in section the head of such department or agency shall Veterans’ Affairs of the House of Representa- 1905(l)(2)(B) of the Social Security Act (42 furnish such information to the Commission. tives a report on the following: U.S.C. 1396d(l)(2)(B))). (d) COMMISSION PERSONNEL MATTERS.—

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(1) COMPENSATION OF MEMBERS.—Each tives and such other committees of Congress be filled in the same manner as the original member of the Commission who is not an of- as the President considers appropriate a re- appointment. ficer or employee of the Federal Government port setting forth the following: (4) INITIAL MEETING.—Not later than 15 shall be compensated at a rate equal to the (A) An assessment of the feasibility and days after the date on which 7 members of daily equivalent of the annual rate of basic advisability of each recommendation con- the Commission have been appointed, the pay prescribed for level IV of the Executive tained in the report received by the Presi- Commission shall hold its first meeting. Schedule under section 5315 of title 5, United dent. (5) MEETINGS.—The Commission shall meet States Code, for each day (including travel (B) For each recommendation assessed as at the call of the Chair. time) during which such member is engaged feasible and advisable under subparagraph (6) QUORUM.—A majority of the members of in the performance of the duties of the Com- (A) the following: the Commission shall constitute a quorum, mission. All members of the Commission (i) Whether such recommendation requires but a lesser number of members may hold who are officers or employees of the United legislative action. hearings. States shall serve without compensation in (ii) If such recommendation requires legis- (7) CHAIR AND VICE CHAIR.—The Commission addition to that received for their services as lative action, a recommendation concerning shall select a Chair and Vice Chair from officers or employees of the United States. such legislative action. among its members. (2) TRAVEL EXPENSES.—The members of the (iii) A description of any administrative (b) DUTIES OF COMMISSION.— Commission shall be allowed travel expenses, action already taken to carry out such rec- (1) IN GENERAL.—The Commission shall un- including per diem in lieu of subsistence, at ommendation. dertake a comprehensive evaluation and as- rates authorized for employees of agencies (iv) A description of any administrative ac- sessment of various options for capital plan- under subchapter I of chapter 57 of title 5, tion the President intends to be taken to ning for Department of Veterans Affairs United States Code, while away from their carry out such recommendation and by medical facilities, including an evaluation homes or regular places of business in the whom. and assessment of the mechanisms by which performance of services for the Commission. SEC. 403. COMMISSION ON CAPITAL PLANNING the Department currently selects means for (3) STAFF.— FOR DEPARTMENT OF VETERANS the delivery of health care, whether by (A) IN GENERAL.—The Chairperson of the AFFAIRS MEDICAL FACILITIES. major construction, major medical facility Commission may, without regard to the civil (a) ESTABLISHMENT OF COMMISSION.— leases, sharing agreements with the Depart- service laws and regulations, appoint and (1) ESTABLISHMENT.—There is established ment of Defense, the Indian Health Service, terminate an executive director and such the Commission on Capital Planning for De- and Federally Qualified Health Clinics under other additional personnel as may be nec- partment of Veterans Affairs Medical Facili- section 330 of the Public Health Service Act essary to enable the Commission to perform ties (in this section referred to as the ‘‘Com- (42 U.S.C. 254b), contract care, multisite its duties. The employment of an executive mission’’). care, telemedicine, extended hours for care, director shall be subject to confirmation by (2) MEMBERSHIP.— or other means. the Commission. (A) VOTING MEMBERS.—The Commission (2) CONTEXT OF EVALUATION AND ASSESS- shall, subject to subparagraph (B), be com- (B) COMPENSATION.—The Chairperson of the MENT.—In undertaking the evaluation and Commission may fix the compensation of the posed of 10 voting members as follows: assessment, the Commission shall consider— executive director and other personnel with- (i) 1 shall be appointed by the President. (A) the importance of access to health care out regard to chapter 51 and subchapter III of (ii) 1 shall be appointed by the Adminis- through the Department, including associ- trator of General Services. chapter 53 of title 5, United States Code, re- ated guidelines of the Department on access (iii) 3 shall be appointed by the Secretary lating to classification of positions and Gen- to, and drive time for, health care; of Veterans Affairs, of whom— eral Schedule pay rates, except that the rate (B) limitations and requirements applica- (I) 1 shall be an employee of the Veterans of pay for the executive director and other ble to the construction and leasing of med- Health Administration; personnel may not exceed the rate payable ical facilities for the Department, including (II) 1 shall be an employee of the Office of for level V of the Executive Schedule under applicable laws, regulations, and costs as de- Asset Enterprise Management of the Depart- section 5316 of such title. termined by both the Congressional Budget ment of Veterans Affairs; and Office and the Office of Management and (4) DETAIL OF GOVERNMENT EMPLOYEES.— (III) 1 shall be an employee of the Office of Budget; Any Federal Government employee may be Construction and Facilities Management of (C) the nature of capital planning for De- detailed to the Commission without reim- the Department of Veterans Affairs. partment medical facilities in an era of fis- bursement, and such detail shall be without (iv) 1 shall be appointed by the Secretary cal uncertainty; interruption or loss of civil service status or of Defense from among employees of the (D) projected future fluctuations in the privilege. Army Corps of Engineers. population of veterans; and (5) PROCUREMENT OF TEMPORARY AND INTER- (v) 1 shall be appointed by the majority (E) the extent to which the Department MITTENT SERVICES.—The Chairperson of the leader of the Senate. was able to meet the mandates of the Capital Commission may procure temporary and (vi) 1 shall be appointed by the minority Asset Realignment for Enhanced Services intermittent services under section 3109(b) of leader of the Senate. Commission. title 5, United States Code, at rates for indi- (vii) 1 shall be appointed by the Speaker of (3) PARTICULAR CONSIDERATIONS.—In under- viduals which do not exceed the daily equiva- the House of Representatives. taking the evaluation and assessment, the lent of the annual rate of basic pay pre- (viii) 1 shall be appointed by the minority Commission shall address, in particular, the scribed for level V of the Executive Schedule leader of the House of Representatives. following: under section 5316 of such title. (B) REQUIREMENT RELATING TO CERTAIN AP- (A) The Major Medical Facility Lease Pro- (e) TERMINATION OF THE COMMISSION.—The Commission shall terminate 30 days after the POINTMENTS OF VOTING MEMBERS.—Of the gram of the Department, including an identi- date on which the Commission submits its members appointed pursuant to clause (i), fication of potential improvements to the report under subsection (b)(3)(B). (ii), and (iv) through (viii) of subparagraph lease authorization processes under that (f) FUNDING.—The Secretary of Veterans (A), all shall have expertise in capital leas- Program. Affairs shall make available to the Commis- ing, construction, or health facility manage- (B) The management processes of the De- sion from amounts appropriated or otherwise ment planning. partment for its Major Medical Facility Con- made available to the Secretary such (C) NON-VOTING MEMBERS.—The Commis- struction Program, including processes re- amounts as the Secretary and the Chair- sion shall be assisted by 10 non-voting mem- lating to contract award and management, person of the Commission jointly consider bers, appointed by the vote of a majority of project management, and processing of appropriate for the Commission to perform members of the Commission under subpara- change orders. its duties under this section. graph (A), of whom— (C) The overall capital planning program (g) EXECUTIVE ACTION.— (i) 6 shall be representatives of veterans of the Department for medical facilities, in- (1) ACTION ON RECOMMENDATIONS.—The service organizations recognized by the Sec- cluding an evaluation and assessment of— President shall require the Secretary of Vet- retary of Veterans Affairs; and (i) the manner in which the Department erans Affairs and such other heads of rel- (ii) 4 shall be individuals from outside the determines whether to use capital or non- evant Federal departments and agencies to Department of Veterans Affairs with experi- capital means to expand access to health implement each recommendation set forth in ence and expertise in matters relating to care; a report submitted under subsection (b)(3) management, construction, and leasing of (ii) the manner in which the Department that the President— capital assets. determines the disposition of under-utilized (A) considers feasible and advisable; and (D) DATE OF APPOINTMENT OF VOTING MEM- and un-utilized buildings on campuses of De- (B) determines can be implemented with- BERS.—The appointments of the members of partment medical centers, and any barriers out further legislative action. the Commission under subparagraph (A) to disposition; (2) REPORTS.—Not later than 60 days after shall be made not later than 60 days after the (iii) the effectiveness of the facility master the date on which the President receives a date of the enactment of this Act. planning initiative of the Department; and report under subsection (b)(3), the President (3) PERIOD OF APPOINTMENT; VACANCIES.— (iv) the extent to which sustainable at- shall submit to the Committee on Veterans’ Members shall be appointed for the life of tributes are planned for to decrease oper- Affairs of the Senate and the Committee on the Commission. Any vacancy in the Com- ating costs for Department medical facili- Veterans’ Affairs of the House of Representa- mission shall not affect its powers, but shall ties.

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(D) The current backlog of construction (2) TRAVEL EXPENSES.—The members of the (1) IN GENERAL.—Chapter 7 of title 38, projects for Department medical facilities, Commission shall be allowed travel expenses, United States Code, is amended by adding at including an identification of the most effec- including per diem in lieu of subsistence, at the end the following new section: tive means to quickly secure the most crit- rates authorized for employees of agencies ‘‘§ 713. Senior Executive Service: removal ical repairs required, including repairs relat- under subchapter I of chapter 57 of title 5, based on performance ing to facility condition deficiencies, struc- United States Code, while away from their ‘‘(a) IN GENERAL.—The Secretary may re- tural safety, and compliance with the Ameri- homes or regular places of business in the move any individual from the Senior Execu- cans With Disabilities Act of 1990. performance of services for the Commission. tive Service if the Secretary determines the (4) REPORTS.—Subject to paragraph (5), the (3) STAFF.— performance of the individual warrants such Commission shall submit to the Secretary of (A) IN GENERAL.—The Chair of the Commis- removal. If the Secretary so removes such an Veterans Affairs, and to the Committee Vet- sion may, without regard to the civil service individual, the Secretary may— erans’ Affairs of the Senate and the Com- laws and regulations, appoint and terminate ‘‘(1) remove the individual from the civil mittee on Veterans’ Affairs of the House of an executive director and such other addi- service (as defined in section 2101 of title 5); Representatives, reports as follows: tional personnel as may be necessary to en- or (A) Not later than six months after its ini- able the Commission to perform its duties. tial meeting under subsection (a)(4), a report ‘‘(2) transfer the individual to a General The employment of an executive director Schedule position at any grade of the Gen- on the Major Medical Facility Lease Pro- shall be subject to confirmation by the Com- gram and the Congressional lease authoriza- eral Schedule for which the individual is mission. qualified and that the Secretary determines tion process. (B) COMPENSATION.—The Chair of the Com- (B) Not later than one year after its initial is appropriate. mission may fix the compensation of the ex- ‘‘(b) NOTICE TO CONGRESS.—Not later than meeting, a report— ecutive director and other personnel without (i) on the management processes of the De- 30 days after removing or transferring an in- regard to chapter 51 and subchapter III of dividual from the Senior Executive Service partment for the construction of Department chapter 53 of title 5, United States Code, re- medical facilities; and under paragraph (1), the Secretary shall sub- lating to classification of positions and Gen- mit to the Committees on Veterans’ Affairs (ii) setting forth an update of any matters eral Schedule pay rates, except that the rate covered in the report under subparagraph of the Senate and House of Representatives of pay for the executive director and other notice in writing of such removal or transfer (A). personnel may not exceed the rate payable (C) Not later than 18 months after its ini- and the reason for such removal or transfer. for level V of the Executive Schedule under ‘‘(c) APPEAL OF REMOVAL OR TRANSFER.— tial meeting, a report— section 5316 of such title. (i) on the overall capital planning program Any removal or transfer under subsection (a) (4) DETAIL OF GOVERNMENT EMPLOYEES.— may be appealed to the Merit Systems Pro- of the Department for medical facilities; and Any Federal Government employee may be (ii) setting forth an update of any matters tection Board under section 7701 of title 5 detailed to the Commission without reim- not later than 7 days after such removal or covered in earlier reports under this para- bursement, and such detail shall be without graph. transfer. interruption or loss of civil service status or ‘‘(d) EXPEDITED REVIEW BY MERIT SYSTEMS (D) Not later than two years after its ini- privilege. tial meeting, a report— PROTECTION BOARD.—(1) The Merit Systems (5) PROCUREMENT OF TEMPORARY AND INTER- (i) on the current backlog of construction Protection Board shall expedite any appeal MITTENT SERVICES.—The Chair of the Com- projects for Department medical facilities; under section 7701 of title 5 of a removal or mission may procure temporary and inter- (ii) setting forth an update of any matters transfer under subsection (a) and, in any mittent services under section 3109(b) of title covered in earlier reports under this para- such case, shall issue a decision not later 5, United States Code, at rates for individ- graph; and than 21 days after the date of the appeal. uals which do not exceed the daily equiva- (iii) including such other matters relating ‘‘(2) In any case in which the Merit Sys- lent of the annual rate of basic pay pre- to the duties of the Commission that the tems Protection Board determines that it scribed for level V of the Executive Schedule Commission considers appropriate. cannot issue a decision in accordance with under section 5316 of such title. (E) Not later than 27 months after its ini- the 21-day requirement under paragraph (1), tial meeting, a report on the implementation (e) TERMINATION OF COMMISSION.—The Com- the Merit Systems Protection Board shall by the Secretary of Veterans Affairs pursu- mission shall terminate 60 days after the submit to Congress a report that explains ant to subsection (g) of the recommendations date on which the Commission submits its the reason why the Merit Systems Protec- included pursuant to paragraph (5) in the re- report under subsection (b)(4)(E). tion Board is unable to issue a decision in ac- ports under this paragraph. (f) FUNDING.—The Secretary of Veterans cordance with such requirement in such (5) RECOMMENDATIONS.—Each report under Affairs shall make available to the Commis- case. paragraph (4) shall include, for the aspect of sion such amounts as the Secretary and the ‘‘(3) There is authorized to be appropriated the capital asset planning process of the De- Chair of the Commission jointly consider ap- such sums as may be necessary for the Merit partment covered by such report, such rec- propriate for the Commission to perform its Systems Protection Board to expedite ap- ommendations as the Commission considers duties under this section. peals under paragraph (1). appropriate for the improvement and en- (g) ACTION ON RECOMMENDATIONS.— ‘‘(4) The Merit Systems Protection Board hancement of such aspect of the capital asset (1) IN GENERAL.—The Secretary of Veterans may not stay any personnel action taken planning process. Affairs shall implement each recommenda- under this section.’’. (c) POWERS OF COMMISSION.— tion included in a report under subsection (2) CLERICAL AMENDMENT.—The table of (1) HEARINGS.—The Commission may hold (b)(4) that the Secretary considers feasible sections at the beginning of such chapter is such hearings, sit and act at such times and and advisable and can be implemented with- amended by adding at the end the following places, take such testimony, and receive out further legislative action. new item: such evidence as the Commission considers (2) REPORTS.—Not later than 120 days after ‘‘713. Senior Executive Service: removal advisable to carry out this section. receipt of a report under subparagraphs (A) based on performance.’’. (2) INFORMATION FROM FEDERAL AGENCIES.— through (D) of subsection (b)(4), the Sec- (b) ESTABLISHMENT OF EXPEDITED REVIEW The Commission may secure directly from retary shall submit to the Committee Vet- PROCESS.— any Federal department or agency such in- erans’ Affairs of the Senate and the Com- (1) IN GENERAL.—Not later than 30 days formation as the Commission considers nec- mittee on Veterans’ Affairs of the House of after the date of the enactment of this Act, essary to carry out this section. Upon re- Representatives a report setting forth the the Merit Systems Protection Board shall es- quest of the Chair of the Commission, the following: tablish and put into effect a process to con- head of such department or agency shall fur- (A) An assessment of the feasibility and duct expedited reviews in accordance with nish such information to the Commission. advisability of each recommendation con- section 713(d) of title 38, United States Code. (d) COMMISSION PERSONNEL MATTERS.— tained in such report. (2) INAPPLICABILITY OF CERTAIN REGULA- (1) COMPENSATION OF MEMBERS.—Each (B) For each recommendation assessed as TIONS.—Section 1201.22 of title 5, Code of Fed- member of the Commission who is not an of- feasible and advisable— eral Regulations, as in effect on the day be- ficer or employee of the Federal Government (i) if such recommendation does not re- fore the date of the enactment of this Act, shall be compensated at a rate equal to the quire further legislative action for imple- shall not apply to expedited reviews carried daily equivalent of the annual rate of basic mentation, a description of the actions out under section 713(d) of title 38, United pay prescribed for level IV of the Executive taken, and to be taken, by the Secretary to States Code. Schedule under section 5315 of title 5, United implement such recommendation; and (3) REPORT BY MERIT SYSTEMS PROTECTION States Code, for each day (including travel (ii) if such recommendation requires fur- BOARD.—Not later than 30 days after the date time) during which such member is engaged ther legislative action for implementation, of the enactment of this Act, the Merit Sys- in the performance of the duties of the Com- recommendations for such legislative action. tems Protection Board shall submit to Con- mission. All members of the Commission SEC. 404. REMOVAL OF SENIOR EXECUTIVE SERV- gress a report on the actions the Board plans who are officers or employees of the United ICE EMPLOYEES OF THE DEPART- to take to conduct expedited reviews under States shall serve without compensation in MENT OF VETERANS AFFAIRS FOR section 713(d) of title 38, United States Code, addition to that received for their services as PERFORMANCE. as added by subsection (a). Such report shall officers or employees of the United States. (a) REMOVAL OR TRANSFER.— include a description of the resources the

VerDate Mar 15 2010 02:07 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S03JN4.REC S03JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 3, 2014 CONGRESSIONAL RECORD — SENATE S3379 Board determines will be necessary to con- (18) For the expansion of a community- ciency Act’). Any such analysis shall in- duct such reviews and a description of based outpatient clinic, Chico, California, an clude— whether any resources will be necessary to amount not to exceed $4,534,000. ‘‘(A) an analysis of the classification of the conduct such reviews that were not available (19) For a community-based outpatient lease as a ‘lease-purchase’, ‘capital lease’, or to the Board on the day before the date of clinic, Chula Vista, California, an amount ‘operating lease’ as those terms are defined the enactment of this Act. not to exceed $3,714,000. in Office of Management and Budget Circular (c) TEMPORARY EXEMPTION FROM CERTAIN (20) For a new research lease, Hines, Illi- A–11; LIMITATION ON INITIATION OF REMOVAL FROM nois, an amount not to exceed $22,032,000. ‘‘(B) an analysis of the obligation of budg- SENIOR EXECUTIVE SERVICE.—During the 120- (21) For a replacement research lease, etary resources associated with the lease; day period beginning on the date of the en- Houston, Texas, an amount not to exceed and actment of this Act, an action to remove an $6,142,000. ‘‘(C) an analysis of the methodology used individual from the Senior Executive Service (22) For a community-based outpatient in determining the asset cost, fair market at the Department of Veterans Affairs pursu- clinic, Lincoln, Nebraska, an amount not to value, and cancellation costs of the lease.’’. ant to section 713 of title 38, United States exceed $7,178,400. (2) SUBMITTAL TO CONGRESS.—Such section Code, as added by subsection (a), or section (23) For a community-based outpatient 8104 is further amended by adding at the end 7543 of title 5, United States Code, may be clinic, Lubbock, Texas, an amount not to ex- the following new subsection: initiated, notwithstanding section 3592(b) of ceed $8,554,000. ‘‘(h)(1) Not less than 30 days before enter- title 5, United States Code, or any other pro- (24) For a community-based outpatient ing into a major medical facility lease, the vision of law. clinic consolidation, Myrtle Beach, South Secretary shall submit to the Committees on (d) CONSTRUCTION.—Nothing in this section Veterans’ Affairs of the Senate and the or section 713 of title 38, United States Code, Carolina, an amount not to exceed $8,022,000. as added by subsection (a), shall be construed (25) For a community-based outpatient House of Representatives— to apply to an appeal of a removal, transfer, clinic, Phoenix, Arizona, an amount not to ‘‘(A) notice of the Secretary’s intention to or other personnel action that was pending exceed $20,757,000. enter into the lease; before the date of the enactment of this Act. (26) For the expansion of a community- ‘‘(B) a detailed summary of the proposed based outpatient clinic, Redding, California, lease; TITLE V—MAJOR MEDICAL FACILITY an amount not to exceed $8,154,000. ‘‘(C) a description and analysis of any dif- LEASES (27) For the expansion of a community- ferences between the prospectus submitted SEC. 501. AUTHORIZATION OF MAJOR MEDICAL based outpatient clinic, Tulsa, Oklahoma, an pursuant to subsection (b) and the proposed FACILITY LEASES. amount not to exceed $13,269,200. lease; and The Secretary of Veterans Affairs may ‘‘(D) a scoring analysis demonstrating that carry out the following major medical facil- SEC. 502. BUDGETARY TREATMENT OF DEPART- the proposed lease fully complies with Office ity leases at the locations specified, and in MENT OF VETERANS AFFAIRS of Management and Budget Circular A–11. an amount for each lease not to exceed the MAJOR MEDICAL FACILITIES LEASES. ‘‘(2) Each committee described in para- amount shown for such location (not includ- ing any estimated cancellation costs): (a) FINDINGS.—Congress finds the fol- graph (1) shall ensure that any information (1) For a clinical research and pharmacy lowing: submitted to the committee under such coordinating center, Albuquerque, New Mex- (1) Title 31, United States Code, requires paragraph is treated by the committee with ico, an amount not to exceed $9,560,000. the Department of Veterans Affairs to record the same level of confidentiality as is re- (2) For a community-based outpatient clin- the full cost of its contractual obligation quired by law of the Secretary and subject to ic, Brick, New Jersey, an amount not to ex- against funds available at the time a con- the same statutory penalties for unauthor- ceed $7,280,000. tract is executed. ized disclosure or use as the Secretary. (3) For a new primary care and dental clin- (2) Office of Management and Budget Cir- ‘‘(3) Not more than 30 days after entering ic annex, Charleston, South Carolina, an cular A–11 provides guidance to agencies in into a major medical facility lease, the Sec- amount not to exceed $7,070,250. meeting the statutory requirements under retary shall submit to each committee de- (4) For the Cobb County community-based title 31, United States Code, with respect to scribed in paragraph (1) a report on any ma- Outpatient Clinic, Cobb County, Georgia, an leases. terial differences between the lease that was amount not to exceed $6,409,000. (3) For operating leases, Office of Manage- entered into and the proposed lease described (5) For the Leeward Outpatient Healthcare ment and Budget Circular A–11 requires the under such paragraph, including how the Access Center, Honolulu, Hawaii, including a Department of Veterans Affairs to record up- lease that was entered into changes the pre- co-located clinic with the Department of De- front budget authority in an ‘‘amount equal viously submitted scoring analysis described fense and the co-location of the Honolulu Re- to total payments under the full term of the in subparagraph (D) of such paragraph.’’. gional Office of the Veterans Benefits Ad- lease or [an] amount sufficient to cover first (d) RULE OF CONSTRUCTION.—Nothing in ministration and the Kapolei Vet Center of year lease payments plus cancellation this section, or the amendments made by the Department of Veterans Affairs, an costs’’. this section, shall be construed to in any amount not to exceed $15,887,370. (b) REQUIREMENT FOR OBLIGATION OF FULL way relieve the Department of Veterans Af- (6) For a community-based outpatient clin- COST.— fairs from any statutory or regulatory obli- ic, Johnson County, Kansas, an amount not (1) IN GENERAL.—Subject to the avail- gations or requirements existing prior to the to exceed $2,263,000. ability of appropriations provided in ad- enactment of this section and such amend- (7) For a replacement community-based vance, in exercising the authority of the Sec- ments. outpatient clinic, Lafayette, Louisiana, an retary of Veterans Affairs to enter into Mr. BLUMENTHAL. Mr. President, I amount not to exceed $2,996,000. leases provided in this Act, the Secretary am pleased to follow my friend and col- (8) For a community-based outpatient clin- shall record, pursuant to section 1501 of title league from Vermont, Senator SAND- ic, Lake Charles, Louisiana, an amount not 31, United States Code, as the full cost of the ERS, and I want to begin by thanking to exceed $2,626,000. contractual obligation at the time a con- him for his leadership, his persistence, (9) For outpatient clinic consolidation, tract is executed either— New Port Richey, Florida, an amount not to (A) an amount equal to total payments and his perseverance in the face of re- exceed $11,927,000. under the full term of the lease; or sistance that should not exist. This (10) For an outpatient clinic, Ponce, Puer- (B) if the lease specifies payments to be cause ought to be one that galvanizes to Rico, an amount not to exceed $11,535,000. made in the event the lease is terminated be- the Nation, and perhaps it will, since (11) For lease consolidation, San Antonio, fore its full term, an amount sufficient to the Nation has been appalled and as- Texas, an amount not to exceed $19,426,000. cover the first year lease payments plus the tonished by reports of not only cooking (12) For a community-based outpatient specified cancellation costs. the books but covering up that poten- clinic, San Diego, California, an amount not (2) SELF-INSURING AUTHORITY.—The re- tial criminality—destruction of docu- to exceed $11,946,100. quirements of paragraph (1) may be satisfied (13) For an outpatient clinic, Tyler, Texas, through the use of a self-insuring authority ments, falsification of records, secret an amount not to exceed $4,327,000. consistent with Office of Management and waiting lists, delays that are unaccept- (14) For the Errera Community Care Cen- Budget Circular A–11. able and intolerable for basic, nec- ter, West Haven, Connecticut, an amount not (c) TRANSPARENCY.— essary health care our veterans need. to exceed $4,883,000. (1) COMPLIANCE.—Subsection (b) of section But these issues are longstanding, (15) For the Worcester community-based 8104 of title 38, United States Code, is amend- decades old in this system, and they Outpatient Clinic, Worcester, Massachusetts, ed by adding at the end the following new need to be addressed with system-wide an amount not to exceed $4,855,000. paragraph: reform. (16) For the expansion of a community- ‘‘(7) In the case of a prospectus proposing I am strongly in support, and proudly based outpatient clinic, Cape Girardeau, Mis- funding for a major medical facility lease, a souri, an amount not to exceed $4,232,060. detailed analysis of how the lease is expected so, in advocating the Ensuring Vet- (17) For a multispecialty clinic, Chat- to comply with Office of Management and erans Access to Health Care Act that tanooga, Tennessee, an amount not to exceed Budget Circular A–11 and section 1341 of title Senator SANDERS has just introduced. $7,069,000. 31 (commonly referred to as the ‘Anti-Defi- It is a version of the omnibus bill and

VerDate Mar 15 2010 02:07 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S03JN4.REC S03JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3380 CONGRESSIONAL RECORD — SENATE June 3, 2014 other measures that have been intro- ing demand, especially in mental Finally, I have a few words to say duced. It has essential features that health services and primary care. Too about Secretary Shinseki. The imme- will provide better health care sooner many of our veterans are coming home diate challenge is not about replacing and more accessibly to our veterans. It with serious mental health issues, in- one person, it is about fixing a system is necessary to pass, but these provi- cluding post-traumatic stress, trau- that is desperately wrong. I deeply re- sions should have passed literally years matic brain injury, and need the care spect Secretary Shinseki’s decision to ago. In fact, the very first piece of leg- we owe them. We need accountability. resign last week after concluding that islation I introduced in the Senate, S. Part of it will be firing the officials his continued service would be a dis- 1060, called the Honoring All Veterans who should be held responsible, but traction from the urgent and necessary Act, included a provision to deal with part of it may also be prosecuting overhaul of the Veterans’ Administra- this shortage of doctors in this system. them, and that is the reason I have tion. I respect even more his dedicated It included other health care-related asked the Attorney General to take the service to our Nation. He is a decorated measures to expand the availability lead to assume much more immediate, combat veteran who led into battle and accessibility of health care. These significant involvement in any crimi- many of the men and women who now problems, far from new, have been ex- nal investigation that may be nec- use the Veterans’ Administration. His istent for some time. And the coverup, essary. mentors and models, as he so elo- the lying, and falsification of records is In fact, there is credible and signifi- quently told our committee, now use potentially now criminal and beyond a cant evidence of criminal wrongdoing the Veterans’ Administration. In his failure of public policy; it is a failure here. The Department of Justice must heart, I believe he is passionately com- in integrity. be involved and in my view must take mitted to the cause of serving our vet- I am pleased to join Senator SANDERS a leadership role, and that is the rea- erans, and he deserves gratitude and to make sure the 9.3 million of the Na- son Senator MCCAIN and I have joined respect from the American people for tion’s 22 million who are enrolled in in a letter that we are seeking support his service in the U.S. military and his the VA health care system—which is for our colleagues to send that would telling truth to power as the President up from about 2.5 million at the end of request the Attorney General to take so powerfully observed. the first gulf war—have the kind of such steps. Only the Attorney General The Nation must recognize it owes service they need. This bill will address has the resources, expertise, and au- our veterans world-class, first-class some basic needs. It provides authority thority, along with the FBI, to do a medical care that is second to none. to remove senior executives based on prompt and effective criminal inves- Putting them at risk in medical facili- poor job performance and preventing tigation. Only the Department of Jus- ties after they have put their lives on wholesale political firings. The legisla- tice can convene a grand jury and take the line on the battlefield is a dis- tion would provide veterans who can- other necessary steps. Only the FBI service to them and our Nation. not get timely appointments access to can bring to bear the expertise as well It is abhorrent and atrocious that private clinics and the option of going as the resources. there have been these potentially to community health care centers, The inspector general of the Vet- criminal acts—destruction of docu- military hospitals, or private doctors. erans’ Administration has only 165 in- ments and falsification of records—at It would authorize the Veterans’ Ad- vestigators for the entire Nation. This many of the VA facilities around the ministration to lease 27 new health fa- investigation now spans more than 40 country. There is no excuse for it. cilities in 18 States, including funds for centers where criminality has been al- Whether it is arbitrary deadlines or the enhanced lease of the Errera Com- leged. Of the 216 sites visited by the timelines, there is simply no excuse for munity Care Center in West Haven, CT, auditors recently, many were found to that kind of lying. The lying that hap- which does profoundly important and have issues of scheduling practice de- pened within the VA was not only to excellent work. fects and potential integrity problems. General Shinseki, but to the American The legislation authorizes emergency So there is a reason for the VA inspec- people. The ones who committed that funding to hire new doctors and nurses tor general to not only consult with kind of wrongdoing should be held ac- and other providers in order to address the Department of Justice but also in- countable administratively and crimi- systemwide health care provider short- volve the Department of Justice in an nally. ages and to take other necessary steps active leadership role here, and for the The wars in Iraq and Afghanistan, to ensure timely access to care. It ad- Acting Secretary of the VA to request and the ongoing global military oper- dresses the health care primary care that involvement, which I hope he will ations since 9/11, have cast a long shad- shortage for the long term as well by do. I commend what he has done so far, ow on this Nation’s history. It involved authorizing the National Health Serv- but now is the time for the Department less than 1 percent of the population, ice Corps to award scholarships to med- of Justice to be involved in leading. including the families of the brave war- ical school students and to forgive col- The audit of the facilities around the riors who have been sent to battle. All lege loans for doctors and nurses who country is to be made public—not just of us will live with the consequences, work at the VA. These kinds of meas- the overall results which have been de- and all of us have an obligation to keep ures and others in the bill will act to livered to the President in a report last faith with them, leave no veteran be- fulfill our basic obligation to our vet- Friday, but all of the results—site-spe- hind, and give them prompt and world- erans, just as I attempted to do in the cific results for locations, for example, class, first-class medical care when Honoring All Veterans Act some years the two hospitals in Connecticut in they need it right away. ago, and others have joined since in West Haven and in Newington as well The ‘‘greatest generation’’ set a seeking to do. as the six medical centers in Con- model for them, and they are, indeed, My hope is we can reach across the necticut. All of those site-specific au- the next greatest generation. We have aisle. In fact, I am working with Sen- dits should be made public. to do right by them as they have done ator MCCAIN on a bipartisan letter to I have written to the Acting Sec- right by us. No matter what the era, the Attorney General urging all pos- retary Sloan Gibson, urging that he conflict, or war, let us keep faith with sible involvement and leadership in a make those face-to-face audits of the all of the veterans and leave no veteran criminal investigation. I hope a similar VA medical facilities public, not only behind. spirit of bipartisanship will enable us for Connecticut but for the whole coun- to work with Senators MCCAIN, BURR, try. Restoring trust and credibility By Mr. MCCAIN (for himself, Mr. and COBURN on their Veterans Choice will be achieved only if there is more COBURN, Mr. BURR, Mr. FLAKE, Act and combine these measures, enlist transparency. Nondisclosure would be a Mr. ISAKSON, Mr. INHOFE, Mr. them in supporting a bipartisan solu- bad way to begin a new era of leader- GRASSLEY, Mr. ROBERTS, Mr. tion and join Senator SANDERS in hop- ship at the VA. Full transparency is HOEVEN, Mr. COATS, Mr. BAR- ing for that bipartisan effort in this absolutely vital to help restore trust RASSO, Mr. JOHANNS, Mr. RUBIO, measure because there is no question and confidence, which has been so Mr. CORNYN, Mr. ALEXANDER, that the VA budget has grown, but sim- gravely threatened and, indeed, under- Mr. KIRK, Mr. WICKER, Mrs. ply has failed to keep pace with surg- mined. FISCHER, Mr. PORTMAN, Mr.

VerDate Mar 15 2010 02:07 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S03JN4.REC S03JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 3, 2014 CONGRESSIONAL RECORD — SENATE S3381 TOOMEY, Mr. BOOZMAN, Mr. compensate them for. But, we can care Whereas the NINDS estimates that more MORAN, Mr. THUNE, Mr. SCOTT, for the injuries they incurred on our than 200,000 people in the United States are Mr. ENZI, and Mr. GRAHAM): behalf and provide for their physical afflicted with aphasia each year; S. 2424. A bill to provide veterans and emotional recovery from the bat- Whereas the people of the United States with the choice of medical providers should strive to learn more about aphasia tles they fought to protect us. Quality and to promote research, rehabilitation, and and to increase transparency and ac- care for our veterans is among the support services for people with aphasia and countability of operations of the Vet- most solemn obligations a nation must aphasia caregivers throughout the United erans Health Administration of the De- pay, and we will be judged by God and States; and partment of Veterans Affairs, and for history by how well we discharge ours. Whereas people with aphasia and their other purposes; to the Committee on Indeed, we must be worthy of the sac- caregivers envision a world that recognizes Veterans’ Affairs. rifices made on our behalf How we care the ‘‘silent’’ disability of aphasia and pro- Mr. MCCAIN. Mr. President, it has for those who risked everything for us vides opportunity and fulfillment for people been almost 2 months since allegations is the most important test of a Na- affected by aphasia: Now, therefore, be it Resolved, That the Senate— that some 40 veterans died while wait- tion’s character. Today, we are failing (1) designates June 2014 as ‘‘National Apha- ing for care at the Phoenix VA were that test. We must do better tomorrow. sia Awareness Month’’; first made public. Since that report, we Much better. (2) supports efforts to increase awareness have learned of similar allegations of For the 9 million American veterans of aphasia; gross mismanagement and data manip- who depend on the VA for their health (3) recognizes that strokes, a primary ulation at 42 VA medical facilities care, and for the families whose tragic cause of aphasia, are the fourth-largest cause across the U.S. More troubling, accord- stories we have heard over the last two of death and disability in the United States; ing to the Office of the Inspector Gen- months, who I know are still grieving (4) acknowledges that aphasia deserves their losses, it is time to provide our more attention and study to find new solu- eral’s preliminary report, 1,700 vet- tions for people experiencing aphasia and erans in the Phoenix VA Health Care veterans with the care, choice, and ac- their caregivers; System who thought they were about countability that they so rightly de- (5) supports efforts to make the voices of to receive care were never even placed serve. I am pleased to be associated people with aphasia heard, because people on the VA’s Electronic Waiting List with the bill Senator BURR, Senator with aphasia are often unable to commu- and are ‘‘at risk of being forgotten or COBURN and Senator FLAKE introduced nicate with others; and lost in Phoenix HCS’s convoluted today, which would help the nation (6) encourages all people in the United scheduling process’’. Today, it is clear achieve those laudable, necessary States to observe National Aphasia Aware- goals. I urge my colleagues—on both ness Month with appropriate events and ac- that delaying medical care and manip- tivities. ulating records to hide those delays in sides of the aisle—to support it. care is systemic through the Depart- f f ment of Veterans’ Affairs health sys- SUBMITTED RESOLUTIONS tem. This has created in our veterans’ SENATE RESOLUTION 465—COM- community a crisis of confidence to- MEMORATING THE CENTENNIAL OF WEBSTER UNIVERSITY ward the VA—the very agency that was SENATE RESOLUTION 464—DESIG- established to care for them. NATING JUNE 2014 AS ‘‘NATIONAL Mr. BLUNT (for himself and Mrs. Today, I joined Senators COBURN, APHASIA AWARENESS MONTH’’ MCCASKILL) submitted the following BURR, and FLAKE to introduce the Vet- AND SUPPORTING EFFORTS TO resolution; which was considered and erans Choice Act of 2014. This bill INCREASE AWARENESS OF agreed to: would, principally, empower veterans APHASIA S. RES. 465 with greater flexibility when choosing Mr. JOHNSON of South Dakota (for Whereas in 1915, the Sisters of Loretto es- their medical care and increase trans- himself and Mr. KIRK) submitted the tablished Webster University in Saint Louis, parency and accountability within the following resolution; which was consid- Missouri, as one of the first Catholic colleges VA to ensure that it delivers quality for women that is located west of the Mis- ered and agreed to: care to our veterans in a timely man- sissippi River; S. RES. 464 ner. Specifically, it would give vet- Whereas Webster University has campuses erans the option to go to a different Whereas aphasia is a communication im- in 8 different countries, introducing people pairment caused by brain damage that typi- in Europe, Asia, and Africa to United States doctor if the VA can’t schedule an ap- cally results from a stroke; educational programs, helping to spread pointment within a reasonable time or Whereas aphasia can also occur with other United States culture and ideas around the if the veteran lives too far away from a neurological disorders, such as a brain globe, and serving the educational needs of VA medical facility. Additionally, this tumor; people abroad; bill would prohibit scheduling or wait- Whereas many people with aphasia also Whereas in 1974, Webster University be- time metrics/goals from being used as have weakness or paralysis in the right leg came one of the first universities in the factors to determining performance and right arm, usually due to damage to the United States to operate on a military base; awards or bonuses. It would also re- left hemisphere of the brain, which controls Whereas in 2014, Webster University is lo- language and movement on the right side of cated on military bases across the country, quire the Secretary of the VA to pun- the body; serving all branches of the military and di- ish employees who falsify data, includ- Whereas the effects of aphasia may include rectly helping more than 7,700 students who ing civil penalties, suspension or ter- a loss of, or reduction in, the ability to are active members of the Armed Forces, mination. And, empower the Secretary speak, comprehend, read, and write, but the veterans, or direct relatives of individuals of the VA to remove any top executive intelligence of a person with aphasia re- with military connections; at the VA if the Secretary determines mains intact; Whereas Webster University has been a that his performance warrants re- Whereas, according to the National Insti- leader in online education since 1999, and moval. tute of Neurological Disorders and Stroke more than 9,000 students are taking courses Put simply, unlike some other pro- (referred to in this preamble as the in the Webster University Online Learning ‘‘NINDS’’), strokes are the fourth-leading Center, a program that provides quality posals that have been made to reform cause of death in the United States; higher education to students who have ac- how the VA delivers care, this bill Whereas strokes are a leading cause of se- cess to the Internet and are residing any- would squarely address the root causes rious, long-term disability in the United where in the world; of the tragic circumstances that have States; Whereas since 1915, Webster University has brought us to this point. Whereas the NINDS estimates that there conferred more than 184,000 degrees at cam- For almost all this century, Ameri- are approximately 5,000,000 stroke survivors puses around the world, including nearly cans have been fighting in faraway in the United States; 80,000 degrees in the greater Saint Louis places to make this dangerous world Whereas the NINDS estimates that people area, demonstrating a local commitment and safer for the rest of us. They have been in the United States suffer approximately offering a global education; 795,000 strokes per year, with about 1⁄3 of the Whereas Webster University has a diverse brave. They have sacrificed and suf- strokes resulting in aphasia; student body and is routinely lauded by or- fered. They bear wounds and mourn Whereas, according to the NINDS, aphasia ganizations working on diversity issues; losses they will never completely re- affects at least 1,000,000 people in the United Whereas Webster University is the alma cover from—and we can never fully States; mater of more than 160,000 proud alumni; and

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Whereas the quality of Webster University (5) designates the week of October 27 ‘‘(7) CAPACITY AS A REGULATED INSURANCE as an institution of higher learning is a re- through November 2, 2014, as ‘‘National Drug ENTITY.—The term ‘capacity as a regulated flection of the extraordinary caliber of its Take-Back Week’’; insurance entity’— educational professionals and students: Now, (6) encourages media organizations to ‘‘(A) includes any action or activity under- therefore, be it bring awareness to prescription opioid and taken by a person regulated by a State in- Resolved, That the Senate recognizes and heroin use, particularly among the youth in surance regulator or a regulated foreign sub- extends congratulations to the educational the United States; and sidiary or regulated foreign affiliate of such professionals, students, and alumni of Web- (7) designates October 2014 as ‘‘National person, as those actions relate to the provi- ster University for 100 years of excellence in Prescription Opioid and Heroin Abuse sion of insurance, or other activities nec- higher education. Awareness Month’’. essary to engage in the business of insur- ance; and f f ‘‘(B) does not include any action or activ- SENATE RESOLUTION 466—DESIG- AMENDMENTS SUBMITTED AND ity, including any financial activity, that is NATING THE WEEK OF OCTOBER PROPOSED not regulated by a State insurance regulator 27 THROUGH NOVEMBER 2, 2014, or a foreign agency or authority and subject SA 3229. Ms. STABENOW (for Ms. COLLINS) to State insurance capital requirements or, AS ‘‘NATIONAL DRUG TAKE-BACK proposed an amendment to the bill S. 2270, to in the case of a regulated foreign subsidiary WEEK’’, AND DESIGNATING OC- clarify the application of certain leverage or regulated foreign affiliate, capital re- TOBER 2014 AS ‘‘NATIONAL PRE- and risk-based requirements under the Dodd- quirements imposed by a foreign insurance SCRIPTION OPIOID AND HEROIN Frank Wall Street Reform and Consumer regulatory authority.’’; and ABUSE AWARENESS MONTH’’ Protection Act. (2) by adding at the end the following new SA 3230. Ms. STABENOW (for Mr. RUBIO) subsection: Ms. AYOTTE (for herself and Ms. proposed an amendment to the resolution S. ‘‘(c) CLARIFICATION.— KLOBUCHAR) submitted the following Res. 453, condemning the death sentence ‘‘(1) IN GENERAL.—In establishing the min- resolution; which was referred to the against Meriam Yahia Ibrahim Ishag, a Su- imum leverage capital requirements and Committee on the Judiciary: danese Christian woman accused of apostasy. minimum risk-based capital requirements on SA 3231. Ms. STABENOW (for Mr. RUBIO) a consolidated basis for a depository institu- S. RES. 466 proposed an amendment to the resolution S. tion holding company or a nonbank financial Whereas prescription opioids can play an Res. 453, supra. company supervised by the Board of Gov- integral role in proper pain management and f ernors as required under paragraphs (1) and treatment of health conditions; (2) of subsection (b), the appropriate Federal Whereas when no longer needed or wanted TEXT OF AMENDMENTS banking agencies shall not be required to in- for legitimate pain management or health Ms. STABENOW (for Ms. clude, for any purpose of this section (includ- treatment, prescription opioids are suscep- SA 3229. ing in any determination of consolidation), a tible to diversion; COLLINS) proposed an amendment to person regulated by a State insurance regu- Whereas prescription opioids may be the bill S. 2270, to clarify the applica- lator or a regulated foreign subsidiary or a abused by individuals who were not pre- tion of certain leverage and risk-based regulated foreign affiliate of such person en- scribed such drugs or misused by individuals requirements under the Dodd-Frank gaged in the business of insurance, to the ex- not taking such drugs as directed; Wall Street Reform and Consumer Pro- tent that such person acts in its capacity as Whereas prescription opioid pain relievers tection Act; as follows: a regulated insurance entity. are powerful, regulated drugs that, according ‘‘(2) RULE OF CONSTRUCTION ON BOARD’SAU- Strike all after the enacting clause and in- to the National Institute on Drug Abuse, at- THORITY.—This subsection shall not be con- tach to the same cell receptors as heroin; sert the following: strued to prohibit, modify, limit, or other- Whereas prescription opioids, when used SECTION 1. SHORT TITLE. wise supersede any other provision of Fed- improperly or not taken as prescribed, can This Act may be cited as the ‘‘Insurance eral law that provides the Board of Gov- be addictive; Capital Standards Clarification Act of 2014’’. ernors authority to issue regulations and or- Whereas scientific studies indicate a link SEC. 2. CLARIFICATION OF APPLICATION OF LE- ders relating to capital requirements for de- between prescription opioid abuse and poten- VERAGE AND RISK-BASED CAPITAL pository institution holding companies or tial future heroin use and addiction; REQUIREMENTS. nonbank financial companies supervised by Whereas compared to prescription opioids, Section 171 of the Dodd-Frank Wall Street the Board of Governors. heroin is a cheaper drug and becoming more Reform and Consumer Protection Act (12 ‘‘(3) RULE OF CONSTRUCTION ON ACCOUNTING readily available; U.S.C. 5371) is amended— PRINCIPLES.— Whereas deaths from heroin overdoses have (1) in subsection (a), by adding at the end ‘‘(A) IN GENERAL.—A depository institution significantly increased in communities the following: holding company or nonbank financial com- across the United States; ‘‘(4) BUSINESS OF INSURANCE.—The term pany supervised by the Board of Governors of Whereas addiction and overdoses take ‘business of insurance’ has the same meaning the Federal Reserve that is also a person reg- lives, ruin families, and fuel rising crime as in section 1002(3). ulated by a State insurance regulator that is rates in communities across the United ‘‘(5) PERSON REGULATED BY A STATE INSUR- engaged in the business of insurance that States; ANCE REGULATOR.—The term ‘person regu- files financial statements with a State insur- Whereas drug take-back programs allow lated by a State insurance regulator’ has the ance regulator or the National Association for the collection and safe disposal of un- same meaning as in section 1002(22). of Insurance Commissioners utilizing only wanted or unused drugs; and ‘‘(6) REGULATED FOREIGN SUBSIDIARY AND Statutory Accounting Principles in accord- Whereas drug take-back days are held in- REGULATED FOREIGN AFFILIATE.—The terms ance with State law, shall not be required by frequently: Now, therefore, be it ‘regulated foreign subsidiary’ and ‘regulated the Board under the authority of this section Resolved, That the Senate— foreign affiliate’ mean a person engaged in or the authority of the Home Owners’ Loan (1) encourages a continuous national dia- the business of insurance in a foreign coun- Act to prepare such financial statements in logue on efforts to combat prescription try that is regulated by a foreign insurance accordance with Generally Accepted Ac- opioid abuse and heroin addiction; regulatory authority that is a member of the counting Principles. (2) supports a holistic approach to address- International Association of Insurance Su- ‘‘(B) PRESERVATION OF AUTHORITY.—Noth- ing prescription opioid and heroin abuse, in- pervisors or other comparable foreign insur- ing in subparagraph (A) shall limit the au- cluding through law enforcement and first ance regulatory authority as determined by thority of the Board under any other appli- responder initiatives, international drug the Board of Governors following consulta- cable provision of law to conduct any regu- interdiction, and treatment, recovery, pre- tion with the State insurance regulators, in- latory or supervisory activity of a depository vention, and education efforts; cluding the lead State insurance commis- institution holding company or non-bank fi- (3) recognizes the commitment of Federal, sioner (or similar State official) of the insur- nancial company supervised by the Board of State, and local law enforcement personnel, ance holding company system as determined Governors, including the collection or re- first responders, firefighters, treatment pro- by the procedures within the Financial Anal- porting of any information on an entity or viders, researchers, prescribers, pharmacists, ysis Handbook adopted by the National Asso- group-wide basis. Nothing in this paragraph dispensers, medical boards, manufacturers, ciation of Insurance Commissioners, where shall excuse the Board from its obligations and community organizations to addressing the person, or its principal United States in- to comply with section 161(a) of the Dodd- prescription opioid abuse and heroin addic- surance affiliate, has its principal place of Frank Wall Street Reform and Consumer tion; business or is domiciled, but only to the ex- Protection Act (12 U.S.C. 5361(a)) and section (4) supports the goals of drug take-back ef- tent that— 10(b)(2) of the Home Owners’ Loan Act (12 forts by the Drug Enforcement Administra- ‘‘(A) such person acts in its capacity as a U.S.C. 1467a(b)(2)), as appropriate.’’. tion and the State, local, and tribal law en- regulated insurance entity; and forcement partners of the Drug Enforcement ‘‘(B) the Board of Governors does not de- SA 3230. Ms. STABENOW (for Mr. Administration, and encourages the expan- termine that the capital requirements in a RUBIO) proposed an amendment to the sion of such efforts; specific foreign jurisdiction are inadequate. resolution S. Res. 453, condemning the

VerDate Mar 15 2010 02:07 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S03JN4.REC S03JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 3, 2014 CONGRESSIONAL RECORD — SENATE S3383 death sentence against Meriam Yahia ronment and Public Works be author- Ms. STABENOW. Madam President, I Ibrahim Ishag, a Sudanese Christian ized to meet during the session of the ask unanimous consent that the Col- woman accused of apostasy; as follows: Senate on June 3, 2014, at 10 a.m., in lins substitute amendment be agreed On page 3, line 5, strike ‘‘son’’ and insert room SD–406 of the Dirksen Senate Of- to; the bill, as amended, be read a third ‘‘children’’. fice Building, to conduct a hearing en- time and passed; and the motion to re- titled, ‘‘Farming, Fishing, Forestry consider be considered made and laid SA 3231. Ms. STABENOW (for Mr. and Hunting in an Era of Changing Cli- upon the table. RUBIO) proposed an amendment to the mate.’’ The PRESIDING OFFICER. Without resolution S. Res. 453, condemning the The PRESIDING OFFICER. Without objection, it is so ordered. death sentence against Meriam Yahia objection, it is so ordered. The amendment (No. 3229), in the na- Ibrahim Ishag, a Sudanese Christian SUBCOMMITTEE ON WATER AND POWER ture of a substitute, was agreed to, as woman accused of apostasy; as follows: Ms. STABENOW. Mr. President, I ask follows: In the second whereas clause of the pre- unanimous consent that the Sub- (Purpose: In the nature of a substitute) amble, strike ‘‘is eight months pregnant and committee on Water and Power of the Strike all after the enacting clause and in- being held in Omdurman Federal Women’s sert the following: Prison with her 20-month-old son’’ and insert Committee on Energy and Natural Re- ‘‘is being held in the Omdurman Federal sources be authorized to meet during SECTION 1. SHORT TITLE. Women’s Prison with her newborn daughter the session of the Senate on June 3, This Act may be cited as the ‘‘Insurance and 20-month-old son’’. 2014, at 2:30 p.m., in room SD–366 of the Capital Standards Clarification Act of 2014’’. In the ninth whereas clause of the pre- Dirksen Senate Office Building. SEC. 2. CLARIFICATION OF APPLICATION OF LE- amble, strike ‘‘conscience.’’ and insert ‘‘con- The PRESIDING OFFICER. Without VERAGE AND RISK-BASED CAPITAL REQUIREMENTS. science,’’. objection, it is so ordered. Section 171 of the Dodd-Frank Wall Street f f Reform and Consumer Protection Act (12 U.S.C. 5371) is amended— AUTHORITY FOR COMMITTEES TO EXECUTIVE SESSION MEET (1) in subsection (a), by adding at the end the following: COMMITTEE ON BANKING, HOUSING, URBAN ‘‘(4) BUSINESS OF INSURANCE.—The term AFFAIRS NOMINATION DISCHARGED ‘business of insurance’ has the same meaning as in section 1002(3). Ms. STABENOW. Mr. President, I ask Ms. STABENOW. I ask unanimous ‘‘(5) PERSON REGULATED BY A STATE INSUR- unanimous consent that the Com- consent that the Senate proceed to ex- mittee on Banking, Housing, and ANCE REGULATOR.—The term ‘person regu- ecutive session and that the agri- lated by a State insurance regulator’ has the Urban Affairs be authorized to meet culture committee be discharged from same meaning as in section 1002(22). during the session of the Senate on further consideration of PN 1642; that ‘‘(6) REGULATED FOREIGN SUBSIDIARY AND June 3, 2014, at 10 a.m. the Senate proceed to consideration of REGULATED FOREIGN AFFILIATE.—The terms The PRESIDING OFFICER. Without the nomination and that the nomina- ‘regulated foreign subsidiary’ and ‘regulated objection, it is so ordered. tion be confirmed; that the motion to foreign affiliate’ mean a person engaged in COMMITTEE ON COMMERCE, SCIENCE, AND the business of insurance in a foreign coun- reconsider be considered made and laid try that is regulated by a foreign insurance TRANSPORTATION upon the table, with no intervening ac- Ms. STABENOW. Mr. President, I ask regulatory authority that is a member of the tion or debate; that no further motions International Association of Insurance Su- unanimous consent that the Com- be in order to the nomination; that any pervisors or other comparable foreign insur- mittee on Commerce, Science, and related statements be printed in the ance regulatory authority as determined by Transportation be authorized to meet RECORD; that the President be imme- the Board of Governors following consulta- during the session of the Senate on diately notified of the Senate’s action tion with the State insurance regulators, in- June 3, 2014, at 9:30 a.m. in room SR–253 and the Senate then resume legislative cluding the lead State insurance commis- of the Russell Senate Office Building to sioner (or similar State official) of the insur- session. ance holding company system as determined conduct a hearing entitled, ‘‘Surface The PRESIDING OFFICER. Without Transportation Reauthorization: Ex- by the procedures within the Financial Anal- objection, it is so ordered. ysis Handbook adopted by the National Asso- amining the Safety and Effectiveness The nomination considered and con- ciation of Insurance Commissioners, where of our Transportation Systems.’’ firmed is as follows: the person, or its principal United States in- The PRESIDING OFFICER. Without COMMODITY FUTURES TRADING COMMISSION surance affiliate, has its principal place of objection, it is so ordered. business or is domiciled, but only to the ex- J. Christopher Giancarlo, of New Jersey, to tent that— COMMITTEE ON THE JUDICIARY be a Commissioner of the Commodity Fu- Ms. STABENOW. Mr. President, I ask ‘‘(A) such person acts in its capacity as a tures Trading Commission for a term expir- regulated insurance entity; and unanimous consent that the Com- ing April 13, 2019. ‘‘(B) the Board of Governors does not de- mittee on the Judiciary be authorized f termine that the capital requirements in a to meet during the session of the Sen- specific foreign jurisdiction are inadequate. ate, on June 3, 2014, at 10:30 a.m., in LEGISLATIVE SESSION ‘‘(7) CAPACITY AS A REGULATED INSURANCE room SH–216 of the Hart Senate Office The PRESIDING OFFICER. The Sen- ENTITY.—The term ‘capacity as a regulated Building, to conduct a hearing entitled ate will now resume legislative session. insurance entity’— ‘‘Examining a Constitutional Amend- ‘‘(A) includes any action or activity under- f ment to Restore Democracy to the taken by a person regulated by a State in- surance regulator or a regulated foreign sub- American People.’’ INSURANCE CAPITAL STANDARDS sidiary or regulated foreign affiliate of such The PRESIDING OFFICER. Without CLARIFICATION ACT OF 2014 person, as those actions relate to the provi- objection, it is so ordered. Ms. STABENOW. I ask unanimous sion of insurance, or other activities nec- SELECT COMMITTEE ON INTELLIGENCE consent that the committee on bank- essary to engage in the business of insur- Ms. STABENOW. Mr. President, I ask ing be discharged from further consid- ance; and unanimous consent that the Select ‘‘(B) does not include any action or activ- eration of S. 2270 and the Senate pro- ity, including any financial activity, that is Committee on Intelligence be author- ceed to its immediate consideration. not regulated by a State insurance regulator ized to meet during the session of the The PRESIDING OFFICER. Without or a foreign agency or authority and subject Senate on June 3, 2014, at 2:30 p.m. objection, it is so ordered. to State insurance capital requirements or, The PRESIDING OFFICER. Without The clerk will report the bill by title. in the case of a regulated foreign subsidiary objection, it is so ordered. The legislative clerk read as follows: or regulated foreign affiliate, capital re- quirements imposed by a foreign insurance SUBCOMMITTEE ON GREEN JOBS AND THE NEW A bill (S. 2270) to clarify the application of regulatory authority.’’; and ECONOMY certain leverage and risk-based requirements (2) by adding at the end the following new under the Dodd-Frank Wall Street Reform Ms. STABENOW. Mr. President, I ask subsection: and Consumer Protection Act. unanimous consent that the Sub- ‘‘(c) CLARIFICATION.— committee on Green Jobs and the New There being no objection, the Senate ‘‘(1) IN GENERAL.—In establishing the min- Economy of the Committee on Envi- proceeded to consider the bill. imum leverage capital requirements and

VerDate Mar 15 2010 02:07 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S03JN4.REC S03JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3384 CONGRESSIONAL RECORD — SENATE June 3, 2014 minimum risk-based capital requirements on the resolution be agreed to; the resolu- Whereas the International Covenant on a consolidated basis for a depository institu- tion, as amended, be agreed to; the Civil and Political Rights, which the Govern- tion holding company or a nonbank financial Rubio amendment to the preamble be ment of Sudan has acceded, provides that company supervised by the Board of Gov- agreed to; the preamble, as amended, ‘‘everyone shall have the right to freedom of ernors as required under paragraphs (1) and thought, conscience, and religion. This right (2) of subsection (b), the appropriate Federal be agreed to; and the motions to recon- shall include freedom to have or to adopt a banking agencies shall not be required to in- sider be considered made and laid upon religion or belief of his choice, and freedom, clude, for any purpose of this section (includ- the table. either individually or in community with ing in any determination of consolidation), a The PRESIDING OFFICER. Without others, and in public or private, to manifest person regulated by a State insurance regu- objection, it is so ordered. his religion or belief in worship, observance, lator or a regulated foreign subsidiary or a The amendment (No. 3230) was agreed practice, and teaching.’’; regulated foreign affiliate of such person en- to, as follows: Whereas the Pew Research Center’s Forum gaged in the business of insurance, to the ex- (Purpose: To make a technical correction) on Religion & Public Life found that, as of tent that such person acts in its capacity as On page 3, line 5, strike ‘‘son’’ and insert 2011, 10 percent of the 198 countries surveyed a regulated insurance entity. ‘‘children’’. had apostasy laws which can, and have been, ‘‘(2) RULE OF CONSTRUCTION ON BOARD’SAU- The resolution, as amended, was used to punish both Muslims and non-Mus- THORITY.—This subsection shall not be con- agreed to. lims in countries such as Afghanistan, Paki- strued to prohibit, modify, limit, or other- The amendment (No. 3231) was agreed stan, Morocco, and Sudan; and wise supersede any other provision of Fed- Whereas people have the right to practice eral law that provides the Board of Gov- to, as follows: their faith without fear of death or persecu- ernors authority to issue regulations and or- In the second whereas clause of the pre- tion: Now, therefore, be it ders relating to capital requirements for de- amble, strike ‘‘is eight months pregnant and Resolved, That the Senate— being held in Omdurman Federal Women’s pository institution holding companies or (1) condemns the charge of apostasy and Prison with her 20-month-old son’’ and insert nonbank financial companies supervised by death sentence of Meriam Yahia Ibrahim ‘‘is being held in the Omdurman Federal the Board of Governors. Ishag and calls for immediate and uncondi- Women’s Prison with her newborn daughter ‘‘(3) RULE OF CONSTRUCTION ON ACCOUNTING tional release of her and her children; PRINCIPLES.— and 20-month-old son’’. In the ninth whereas clause of the pre- (2) encourages efforts by the United States ‘‘(A) IN GENERAL.—A depository institution amble, strike ‘‘conscience.’’ and insert ‘‘con- Government to support religious freedom holding company or nonbank financial com- science,’’. within Sudan, including by requiring, before pany supervised by the Board of Governors of normalizing relations or lifting sanctions the Federal Reserve that is also a person reg- The preamble, as amended, was under the International Religious Freedom ulated by a State insurance regulator that is agreed to. Act of 1998 (Public Law 105–292) and the engaged in the business of insurance that The resolution, as amended, with its International Emergency Economic Powers files financial statements with a State insur- preamble, as amended, reads as follows: Act (50 U.S.C. 1701 et seq.), that the Govern- ance regulator or the National Association S. RES. 453 ment of Sudan abide by international stand- of Insurance Commissioners utilizing only Whereas, on May 15, 2014, a Sudanese court ards of freedom of religion or belief; Statutory Accounting Principles in accord- affirmed a sentence of death by hanging for (3) urges the Government of Sudan to en- ance with State law, shall not be required by 27-year-old Meriam Yahia Ibrahim Ishag, a sure that, when drafting the country’s new the Board under the authority of this section Christian woman accused of apostasy for re- constitution, the process is transparent and or the authority of the Home Owners’ Loan fusing to recant her Christian faith, and or- inclusive of civil society leaders and rep- Act to prepare such financial statements in dered her to receive 100 lashes for adultery resentatives of all major political parties, to accordance with Generally Accepted Ac- because under Sudan’s Shari’ah law such ensure that the new constitution includes counting Principles. inter-religious marriages are illegal; protections for freedom of religion or belief, ‘‘(B) PRESERVATION OF AUTHORITY.—Noth- Whereas Ibrahim is being held in the respect for international human rights com- ing in subparagraph (A) shall limit the au- Omdurman Federal Women’s Prison with her mitments, and recognition of Sudan as a thority of the Board under any other appli- newborn daughter and 20-month-old son; multireligious, multiethnic, and multicul- cable provision of law to conduct any regu- Whereas the Department of State has des- tural nation; latory or supervisory activity of a depository ignated Sudan as a ‘‘Country of Particular (4) recognizes that every individual regard- institution holding company or non-bank fi- Concern’’ under the International Religious less of religion should have the opportunity nancial company supervised by the Board of Freedom Act of 1998 (Public Law 105–292) to practice his or her religion without fear of Governors, including the collection or re- based on the government’s systematic, ongo- discrimination; porting of any information on an entity or ing, and egregious violations of religious (5) reaffirms the commitment of the group-wide basis. Nothing in this paragraph freedom since 1999; United States Government to end religious shall excuse the Board from its obligations Whereas the Sudanese 1991 Criminal Code discrimination and to pursue policies that to comply with section 161(a) of the Dodd- allows for death sentences for apostasy, guarantee the basic human rights of all indi- Frank Wall Street Reform and Consumer stoning for adultery, cross-amputations for viduals worldwide; and Protection Act (12 U.S.C. 5361(a)) and section theft, prison sentences for blasphemy, and (6) encourages the Department of State 10(b)(2) of the Home Owners’ Loan Act (12 floggings for undefined acts of ‘‘indecency’’; and the United States Agency for Inter- U.S.C. 1467a(b)(2)), as appropriate.’’. Whereas, according to the United States national Development to continue their sup- The bill (S. 2270), as amended, was or- Commission on International Religious Free- port for initiatives worldwide that support dered to be engrossed for a third read- dom (USCIRF), the Government of Sudan, religious freedom. ing, was read the third time, and led by President Omar Hassan al-Bashir, con- passed. tinues to engage in systematic, ongoing, and f f egregious violations of religious freedom or belief, imposes a restrictive interpretation of CONDEMNING THE DEATH SEN- NATIONAL APHASIA AWARENESS Shari’ah law on Muslims and non-Muslims MONTH TENCE AGAINST MERIAM YAHIA alike and, along with other National Con- IBRAHIM ISHAG gress Party leaders, President al-Bashir has Ms. STABENOW. Madam President, I Ms. STABENOW. Madam President, I stated that Sudan’s new constitution, when ask unanimous consent that the Sen- ask unanimous consent that the For- drafted, will be based on its interpretation of ate proceed to the consideration of S. eign Relations Committee be dis- Shari’ah; Res. 464, which was submitted earlier charged from further consideration of Whereas, according to USCIRF, since South Sudan’s independence from Sudan in today. and the Senate now proceed to S. Res. 2011, the number and severity of harsh The PRESIDING OFFICER. The 453. Shari’ah-based judicial decisions in Sudan clerk will report the resolution by The PRESIDING OFFICER. Without has increased, including sentences of ampu- title. objection, it is so ordered. tation for theft and sentences of stoning for The legislative clerk read as follows: The clerk will report the resolution adultery; by title. Whereas the United States Government A resolution (S. Res. 464) designating June The legislative clerk read as follows: has designated Sudan as a State Sponsor of 2014 as ‘‘National Aphasia Awareness Month’’ A resolution (S. Res. 453) condemning the Terrorism since August 12, 1993, for repeat- and supporting efforts to increase awareness death sentence against Meriam Yahia edly providing support for acts of inter- of aphasia. Ibrahim Ishag, a Sudanese Christian woman national terrorism; accused of apostasy. There being no objection, the Senate Whereas the Sudanese 2005 Interim Con- proceeded to consider the resolution. There being no objection, the Senate stitution states that ‘‘[t]he State shall re- proceeded to consider the resolution. spect the religious rights to (a) worship or Ms. STABENOW. Madam President, I Ms. STABENOW. I ask unanimous assemble in connection with any religion or ask unanimous consent that the reso- consent that the Rubio amendment to belief’’; lution be agreed to, the preamble be

VerDate Mar 15 2010 02:07 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\RECORD14\JUN 2014\S03JN4.REC S03JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 3, 2014 CONGRESSIONAL RECORD — SENATE S3385 agreed to, and the motions to recon- The PRESIDING OFFICER. The ADJOURNMENT UNTIL 9:30 A.M. sider be laid upon the table, with no in- clerk will read the bill by title for the TOMORROW tervening action or debate. first time. The PRESIDING OFFICER. Without The legislative clerk read as follows: Ms. STABENOW. Madam President, objection, it is so ordered. A bill (S. 2422) to improve the access of vet- if there is no further business to come The resolution (S. Res. 464) was erans to medical services from the Depart- before the Senate, I ask unanimous agreed to. ment of Veterans Affairs, and for other pur- consent that it adjourn under the pre- The preamble was agreed to. poses. vious order. (The resolution, with its preamble, is Ms. STABENOW. Madam President, I There being no objection, the Senate, printed in today’s RECORD under ‘‘Sub- now ask for its second reading and ob- at 6:29 p.m., adjourned until Wednes- mitted Resolutions.’’) ject to my own request. day, June 4, 2014, at 9:30 a.m. The PRESIDING OFFICER. Objec- f tion is heard. COMMEMORATING THE CENTEN- The bill will be read for the second f NIAL OF WEBSTER UNIVERSITY time on the next legislative day. Ms. STABENOW. Madam President, I f DISCHARGED NOMINATION ask unanimous consent that the Sen- ORDERS FOR WEDNESDAY, JUNE 4, The Senate Committee on Agri- ate proceed to the consideration of S. 2014 culture, Nutrition, and Forestry was Res. 465, submitted earlier today. Ms. STABENOW. Madam President, I discharged from further consideration The PRESIDING OFFICER. The ask unanimous consent that when the of the following nomination unanimous clerk will report the resolution by Senate completes its business today, it consent and the nomination was con- title. adjourn until 9:30 a.m. on Wednesday, firmed: The legislative clerk read as follows: June 4, 2014; that following the prayer J. CHRISTOPHER GIANCARLO, OF NEW JERSEY, TO BE A A resolution (S. Res. 465) commemorating and the pledge, the morning hour be COMMISSIONER OF THE COMMODITY FUTURES TRADING COMMISSION FOR A TERM EXPIRING APRIL 13, 2019. the centennial of Webster University. deemed expired, the Journal of pro- There being no objection, the Senate ceedings be approved to date, and the f proceeded to consider the resolution. time for the two leaders be reserved for Ms. STABENOW. Madam President, I their use later in the day; that fol- ask unanimous consent that the reso- lowing any leader remarks, the Senate CONFIRMATIONS lution be agreed to, the preamble be be in a period of morning business until agreed to, and the motions to recon- Executive nominations confirmed by 11 a.m., with Senators permitted to the Senate June 3, 2014: sider be laid upon the table, with no in- speak therein for up to 10 minutes tervening action or debate. each, with the time equally divided and DEPARTMENT OF STATE The PRESIDING OFFICER. Without controlled between the two leaders or KEITH M. HARPER, OF MARYLAND, FOR THE RANK OF objection, it is so ordered. their designees, with the Republicans AMBASSADOR DURING HIS TENURE OF SERVICE AS UNITED STATES REPRESENTATIVE TO THE UN HUMAN The resolution (S. Res. 465) was controlling the first 30 minutes and the RIGHTS COUNCIL. agreed to. majority controlling the next 30 min- COMMODITY FUTURES TRADING COMMISSION The preamble was agreed to. utes; that at 11 a.m. the Senate proceed (The resolution, with its preamble, is TIMOTHY G. MASSAD, OF CONNECTICUT, TO BE A COM- to executive session under the previous MISSIONER OF THE COMMODITY FUTURES TRADING COM- printed in today’s RECORD under ‘‘Sub- order. MISSION FOR A TERM EXPIRING APRIL 13, 2017. mitted Resolutions.’’) The PRESIDING OFFICER. Without TIMOTHY G. MASSAD, OF CONNECTICUT, TO BE CHAIR- MAN OF THE COMMODITY FUTURES TRADING COMMIS- f objection, it is so ordered. SION. J. CHRISTOPHER GIANCARLO, OF NEW JERSEY, TO BE A MEASURE READ THE FIRST f COMMISSIONER OF THE COMMODITY FUTURES TRADING COMMISSION FOR THE REMAINDER OF THE TERM EXPIR- TIME—S. 2422 PROGRAM ING APRIL 13, 2014. Ms. STABENOW. Madam President, I SHARON Y. BOWEN, OF NEW YORK, TO BE A COMMIS- Ms. STABENOW. There will be four SIONER OF THE COMMODITY FUTURES TRADING COMMIS- understand that S. 2422, introduced rollcall votes at 11 a.m. tomorrow on SION FOR A TERM EXPIRING APRIL 13, 2018. earlier today by Senator SANDERS, is at J. CHRISTOPHER GIANCARLO, OF NEW JERSEY, TO BE A confirmation of three district judges COMMISSIONER OF THE COMMODITY FUTURES TRADING the desk, and I ask for its first reading. and cloture on the Burwell nomination. COMMISSION FOR A TERM EXPIRING APRIL 13, 2019.

VerDate Mar 15 2010 02:07 Mar 21, 2015 Jkt 079060 PO 00000 Frm 00041 Fmt 4637 Sfmt 9801 E:\RECORD14\JUN 2014\S03JN4.REC S03JN4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE Tuesday, June 3, 2014 Daily Digest Senate Mastroianni, Hendricks, Chutkan, and Burwell Chamber Action Nominations—Agreement: A unanimous-consent- Routine Proceedings, pages S3345–S3385 time agreement was reached providing that at 11 Measures Introduced: Eleven bills and three reso- a.m., on Wednesday, June 4, 2014, all post-cloture lutions were introduced, as follows: S. 2414–2424, time on the nominations of Mark G. Mastroianni, of and S. Res. 464–466. Page S3367 Massachusetts, to be United States District Judge for Measures Passed: the District of Massachusetts, Bruce Howe Hen- dricks, of South Carolina, to be United States Dis- Insurance Capital Standards Clarification Act: trict Judge for the District of South Carolina, and Committee on Banking, Housing, and Urban Affairs Tanya S. Chutkan, of the District of Columbia, to was discharged from further consideration of S. be United States District Judge for the District of 2270, to clarify the application of certain leverage Columbia, be expired and Senate vote on confirma- and risk-based requirements under the Dodd-Frank tion of the nominations in the order listed; that fol- Wall Street Reform and Consumer Protection Act, lowing these votes, Senate vote on the motion to in- and the bill was then passed, after agreeing to the voke cloture on the nomination of Sylvia Mathews following amendment proposed thereto: Burwell, of West Virginia, to be Secretary of Health Pages S3383–84 and Human Services; that there be two minutes for Stabenow (for Collins) Amendment No. 3229, in debate prior to each of these votes, equally divided the nature of a substitute. Page S3383 in the usual form, that any rollcall votes, following Meriam Yahia Ibrahim Ishag: Committee on the first in each series, be 10 minutes in length; and Foreign Relations was discharged from further con- that no further motions be in order to the nomina- sideration of S. Res. 453, condemning the death sen- tions. Pages S3354, S3385 tence against Meriam Yahia Ibrahim Ishag, a Suda- Mastroianni Nomination—Cloture: Senate re- nese Christian woman accused of apostasy, and the sumed consideration of the nomination of Mark G. resolution was then agreed to, after agreeing to the Mastroianni, of Massachusetts, to be United States following amendments proposed thereto: Page S3384 District Judge for the District of Massachusetts. Stabenow (for Rubio) Amendment No. 3230, to Page S3359 make a technical correction. Page S3384 During consideration of this nomination today, Stabenow (for Rubio) Amendment No. 3231, to Senate also took the following action: amend the preamble. Page S3384 By 56 yeas to 39 nays (Vote No. 168), Senate National Aphasia Awareness Month: Senate agreed to the motion to close further debate on the agreed to S. Res. 464, designating June 2014 as nomination. Page S3359 ‘‘National Aphasia Awareness Month’’ and sup- Hendricks Nomination—Cloture: Senate resumed porting efforts to increase awareness of aphasia. consideration of the nomination of Bruce Howe Pages S3384–85 Hendricks, of South Carolina, to be United States Webster University Centennial: Senate agreed to District Judge for the District of South Carolina. S. Res. 465, commemorating the centennial of Web- Page S3360 ster University. Page S3385 During consideration of this nomination today, Measures Considered: Senate also took the following action: Bipartisan Sportsmen’s Act: Senate began consid- By 59 yeas to 35 nays (Vote No. 169), Senate eration of the motion to proceed to consideration of agreed to the motion to close further debate on the S. 2363, to protect and enhance opportunities for nomination. Pages S3359–60 recreational hunting, fishing, and shooting. Chutkan Nomination—Cloture: Senate resumed Pages S3345–46 consideration of the nomination of Tanya S. D594

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Chutkan, of the District of Columbia, to be United Authorities for Committees to Meet: Page S3383 States District Judge for the District of Columbia. Record Votes: Six record votes were taken today. Page S3360 (Total—170) Pages S3353–54, S3359–60 During consideration of this nomination today, Senate also took the following action: Adjournment: Senate convened at 10 a.m. and ad- By 54 yeas to 40 nays (Vote No. 170), Senate journed at 6:29 p.m., until 9:30 a.m. on Wednes- agreed to the motion to close further debate on the day, June 4, 2014. (For Senate’s program, see the re- marks of the Acting Majority Leader in today’s nomination. Page S3360 Record on page S3385.) Nominations Confirmed: Senate confirmed the fol- lowing nominations: By 52 yeas to 42 nays (Vote No. EX. 165), Keith Committee Meetings M. Harper, of Maryland, for the rank of Ambassador during his tenure of service as United States Rep- (Committees not listed did not meet) resentative to the UN Human Rights Council. Pages S3350–53, S3385 APPROPRIATIONS: TRANSPORTATION, By 48 yeas to 46 nays (Vote No. EX. 167), Shar- HOUSING AND URBAN DEVELOPMENT, on Y. Bowen, of New York, to be a Commissioner AND RELATED AGENCIES of the Commodity Futures Trading Commission for Committee on Appropriations: Subcommittee on Trans- a term expiring April 13, 2018. portation, Housing and Urban Development, and Pages S3354–59, S3385 Related Agencies approved for full committee con- During consideration of this nomination today, sideration an original bill making appropriations for Senate also took the following action: Transportation, Housing and Urban Development, By 50 yeas to 44 nays (Vote No. 166), Senate and Related Agencies for fiscal year 2015. agreed to the motion to close further debate on the APPROPRIATIONS: COMMERCE, JUSTICE, nomination. Pages S3353–54 Timothy G. Massad, of Connecticut, to be a Com- SCIENCE, AND RELATED AGENCIES missioner of the Commodity Futures Trading Com- Committee on Appropriations: Subcommittee on Com- mission for a term expiring April 13, 2017. merce, Justice, Science, and Related Agencies ap- Pages S3360, S3385 proved for full committee consideration an original Timothy G. Massad, of Connecticut, to be Chair- bill making appropriations for Commerce, Justice, man of the Commodity Futures Trading Commis- Science, and Related Agencies for fiscal year 2015. sion. Pages S3360–61, S3385 J. Christopher Giancarlo, of New Jersey, to be a BUSINESS MEETING Commissioner of the Commodity Futures Trading Committee on Banking, Housing, and Urban Affairs: Commission for the remainder of the term expiring Committee ordered favorably reported S. 2244, to April 13, 2014. Pages S3360–61, S3385 extend the termination date of the Terrorism Insur- J. Christopher Giancarlo, of New Jersey, to be a ance Program established under the Terrorism Insur- Commissioner of the Commodity Futures Trading ance Act of 2002, with an amendment. Commission for a term expiring April 13, 2019. (Prior to this action, Committee on Agriculture, Nu- SURFACE TRANSPORTATION trition, and Forestry was discharged from further REAUTHORIZATION consideration.) Pages S3383, S3385 Committee on Commerce, Science, and Transportation: Sub- Messages from the House: Page S3366 committee on Surface Transportation and Merchant Marine Infrastructure, Safety, and Security concluded Measures Read the First Time: Pages S3366, S3385 a hearing to examine surface transportation reauthor- Enrolled Bills Presented: Page S3366 ization, focusing on examining the safety and effec- Executive Communications: Pages S3366–67 tiveness of our transportation systems, after receiving testimony from Joseph C. Szabo, Administrator, Fed- Petitions and Memorials: Page S3367 eral Railroad Administration, Anne S. Ferro, Admin- Additional Cosponsors: Pages S3367–69 istrator, Federal Motor Carrier Safety Administration, Statements on Introduced Bills/Resolutions: Cynthia L. Quarterman, Administrator, Pipeline and Pages S3369–82 Hazardous Materials Safety Administration, and Gregory D. Winfree, Assistant Secretary for Research Additional Statements: Pages S3363–66 and Technology, all of the Department of Transpor- Amendments Submitted: Pages S3382–83 tation.

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Committee on Homeland Security and Governmental Affairs: Subcommittee on Privacy, Technology and the Law, to to hold hearings to examine evaluating port security, fo- hold hearings to examine the ‘‘Location Privacy Protec- cusing on progress made and challenges ahead, 10:30 tion Act of 2014’’, 2:30 p.m., SD–226. a.m., SD–342. Committee on Small Business and Entrepreneurship: to hold Committee on the Judiciary: to hold hearings to examine hearings to examine military service to small business the nominations of Geoffrey W. Crawford, to be United owner, focusing on supporting America’s veteran entre- States District Judge for the District of Vermont, and preneurs, 3 p.m., SR–428A. Nancy B. Firestone, of Virginia, Lydia Kay Griggsby, of Maryland, and Thomas L. Halkowski, of Pennsylvania, all House to be a Judge of the United States Court of Federal Claims, 10 a.m., SD–226. No hearings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, June 4 3 p.m., Thursday, June 5

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Thursday: The House is scheduled to meet morning business (not to extend beyond 11 a.m.), Senate at 3 p.m. on Thursday, June 5, 2014 in pro forma ses- will vote on confirmation of the nominations of Mark G. sion. Mastroianni, of Massachusetts, to be United States Dis- trict Judge for the District of Massachusetts, Bruce Howe Hendricks, of South Carolina, to be United States District Judge for the District of South Carolina, and Tanya S. Chutkan, of the District of Columbia, to be United States District Judge for the District of Columbia. Upon dis- position of the nomination of Tanya S. Chutkan, Senate will vote on the motion to invoke cloture on the nomina- tion of Sylvia Mathews Burwell, of West Virginia, to be Secretary of Health and Human Services.

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