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, WEDNESDAY, MAY 14, 2014 No. 73 House of Representatives The House was not in session today. Its next meeting will be held on Thursday, May 15, 2014, at 2 p.m. Senate WEDNESDAY, MAY 14, 2014

The Senate met at 9:30 a.m. and was to the Senate from the President pro The ACTING PRESIDENT pro tem- called to order by the Honorable ED- tempore (Mr. LEAHY). pore. The clerk will call the roll. WARD J. MARKEY, a Senator from the The assistant legislative clerk read The assistant legislative clerk pro- Commonwealth of Massachusetts. the following letter: ceeded to call the roll. U.S. SENATE, Mr. REID. Mr. President, I ask unan- PRAYER PRESIDENT PRO TEMPORE, imous consent that the order for the The Chaplain, Dr. Barry C. Black, of- Washington, DC, May 14, 2014. quorum call be rescinded. The ACTING PRESIDENT pro tem- fered the following prayer: To the Senate: Under the provisions of rule I, paragraph 3, pore. Without objection, it is so or- Let us pray. of the Standing Rules of the Senate, I hereby dered. Our Father, You promised that those appoint the Honorable EDWARD J. MARKEY, a f who passionately seek You will find Senator from the Commonwealth of Massa- You. Deliver us from distractions that chusetts, to perform the duties of the Chair. IMMIGRATION REFORM hinder our pursuit of You, as You en- PATRICK J. LEAHY, Mr. REID. Mr. President, this morn- able us to experience Your presence President pro tempore. ing marks 321 days since this body today. Mr. MARKEY thereupon assumed the passed commonsense immigration re- Lord, guard the hearts and minds of Chair as Acting President pro tempore. form. For 321 days the Republican-con- our Senators with Your peace, guiding f trolled House of Representatives has them with Your power. Draw them into done absolutely nothing to address our RECOGNITION OF THE MAJORITY intimacy with You, helping them to re- Nation’s problems dealing with our LEADER member that nothing can separate broken immigration system. It is a sys- them from Your love. Rescue them The ACTING PRESIDENT pro tem- tem that is broken and needs to be from misplaced priorities that major in pore. The majority leader is recog- fixed. It cannot be fixed on a piecemeal minors and minor in majors. Bring nized. basis. It needs comprehensive immigra- their thoughts and actions into cap- f tion reform. tivity to Your will. To the Republican extremists in the We pray in Your merciful Name. SCHEDULE House, the time went by like that. To Amen. Mr. REID. Mr. President, following them, 321 days does not seem like a big f my remarks and those of the Repub- deal. But outside of the Capitol, where lican leader, the Senate will resume we are dealing with people’s lives, PLEDGE OF ALLEGIANCE consideration of the motion to proceed those 321 days felt like a lifetime. To The Presiding Officer led the Pledge to H.R. 3474. At 11:15 a.m. there will be American families forced to live in the of Allegiance, as follows: up to five rollcall votes in relation to shadows, each one of those days brings I pledge allegiance to the Flag of the several nominations. Following those the dread of discovery and being torn United States of America, and to the Repub- votes the time until 5:15 p.m. will be away from their loved ones. Undocu- lic for which it stands, one nation under God, equally divided and controlled between mented immigrants have lived in fear indivisible, with liberty and justice for all. the two leaders or their designees. At for the last 46 weeks, worrying whether f 5:15 p.m. there will be another series of they will have to leave the country rollcall votes on confirmation of three they call home. For the past 101⁄2 APPOINTMENT OF ACTING district judges and on adoption of the months children have lost their par- PRESIDENT PRO TEMPORE motion to proceed to the tax extenders ents from government action—all while The PRESIDING OFFICER. The legislative vehicle. House Republicans have twiddled their clerk will please read a communication I suggest the absence of a quorum. thumbs.

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

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VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S2982 CONGRESSIONAL RECORD — SENATE May 14, 2014 Enough is enough. It is time for the gress—because we are doing virtually this issue. So many of them are like House Republicans to act. They have nothing here in the Senate, he decided Astrid Silva, who is one of the wasted far too much time already fail- to do something administratively. DREAMers. She was 4 years old, a lit- ing to consider a bill that the Senate That is why we have deferred status for tle girl in a boat coming across the Rio considered, and passed in less than 2 these young men and women who want Grande River. She had her Rosary months. to go into the military, finish their beads and a little doll and her mom. A year ago the Senate Judiciary education, and this is the only place Nevada is the only place she has ever Committee, under Chairman LEAHY’s they have ever known as home. known as home. Because she was so leadership, was in the middle of mark- The bill that passed here is common frightened, she was afraid to go any- ing up the commonsense immigration sense. Eleven million people—we can- place. reform. After 2 weeks of consideration, not fiscally deport 11 million people. This is the right thing to do. We need what did they do? A bipartisan bill was We cannot physically do it. It just will to move forward on comprehensive im- reported out of that committee. Within not work. That is why the legislation migration reform, and we can only do a month the Senate passed immigra- that was crafted here on a bipartisan that if the Republicans in the House, tion reform and sent it to the House of basis is fair to everyone. What it says led by Speaker BOEHNER, do the right Representatives. It was a good start. It is that if this is your home and you thing. It is very important. I urge the was really good. But in our system of have improper papers, we will give you House to stop wasting time and bring government, what we did here will some time to get those adjusted. It is immigration reform to a vote. Give the have absolutely no meaning unless the going to take some time. You are not American people the assurance that we House takes it up. We were able to going to go to the front of the line; you are working to finally mend our broken move on immigration reform quickly are going to go to the back of the line. immigration system and give families because both Senate Democrats and You are going to have to pay taxes. the opportunity to come forward and Senate Republicans understood the You are going to have to work. You are work toward legal status. It really is need to fix a broken system. going to have to stay out of trouble the right thing to do. I suggest the absence of a quorum. What is the House Republicans’ ex- and learn English. It would take about The ACTING PRESIDENT pro tem- cuse? Why are they doing this? What a dozen years to have your status ad- pore. The clerk will call the roll. are they achieving by dragging their justed, but at least during that period The assistant legislative clerk pro- feet on immigration reform? They of time you can come out of the shad- ceeded to call the roll. claim to be working on things—they ows. Mr. MCCONNELL. Mr. President, I say jobs, they say legislation to reduce Recently, though, the House Judici- ask unanimous consent that the order the debt. If they are really interested ary Committee chairman appeared on a for the quorum call be rescinded. in reducing the debt, pass this bill. It is Sunday news show and tried very, very The ACTING PRESIDENT pro tem- $1 trillion to reduce our debt—$1 tril- unsuccessfully to justify his party’s in- pore. Without objection, it is so or- lion. What are they doing over there? action. His reasoning as to why the dered. Day after day, investigations—they in- House is dragging its heels? Repub- f vestigate everything and accomplish licans claim President Obama cannot nothing. be trusted to enforce immigration law. RECOGNITION OF THE MINORITY The fact is that the Senate-passed So what Republicans are really saying LEADER immigration bill reduces the deficit is that they will not act on immigra- The ACTING PRESIDENT pro tem- and spurs the economy more than the tion reform unless there are more de- pore. The minority leader is recog- House-passed bills awaiting Senate ac- portations, more families torn apart. nized. tion combined. I repeat: $1 trillion. The That does not make a lot of sense to f immigration legislation passed by the most people. In a nutshell, it is the POLICE WEEK Senate reduces the deficit more than House immigration platform. all the bills passed by the House that Why work to help undocumented im- Mr. MCCONNELL. Mr. President, this are currently awaiting action in the migrants get right with the law? Why week we recognize National Police Senate. do that? Because it is good for the Week. National Police Week is a time So it is no wonder that even pro-Re- country. It is fair. And, as I have indi- to pay tribute to the service and sac- publican organizations are calling on cated, it is good monetarily for this rifice of the men and women in Fed- Speaker BOEHNER to stop wasting time. country. But what the chairman of the eral, State, and local law enforcement Earlier this week we heard Tom House Judiciary Committee said on across our Nation. Law enforcement is Donohue, the president of the U.S. one of those Sunday shows is in keep- one of our Nation’s highest callings, as Chamber of Commerce, say that it is in ing with what they have done. It is brave peace officers put themselves on the line to defend the lives, safety and the Republicans’ best interests to pass hard to comprehend. immigration reform. He said unless the I guess that is what we have learned property of their neighbors. Therefore, it is entirely appropriate that we pause House passes immigration reform this to expect from a House Republican con- this week and throughout the year to year, Republicans shouldn’t even both- ference whose immigration policy is thank them for their service. dictated by the likes of Congressman er running in 2016. So that is what he The Nation’s capital is host to thou- said, and it is probably true. STEVEN KING. Remember him, Mr. sands of police officers who have come Politics should not be the only rea- President? He is the Congressmen who, to celebrate National Police Week with son the House passes this bill. Immi- instead of permitting immigrants to their fellow officers. No one but an- gration reform is far more important enlist in the military and earn citizen- other peacekeeper or their families can than any election-year politicking. Im- ship, would rather send them ‘‘on a bus truly grasp the duty of defending their migration reform is about families and back to Tijuana.’’ That is a quote from communities. No one but another communities. him. Congressman KING also claimed peacekeeper can truly know the joys of The DREAM Act is a perfect exam- that for every hard-working undocu- camaraderie and the sorrows of deep ple. In September 2010, I was in the mented student, there are 100 more loss that each one has experienced. midst of what some considered a tough working as drug mules with ‘‘calves I want to especially recognize the re-election campaign when I helped the size of cantaloupes because they’re many men and women of Kentucky law champion Senator DURBIN’s DREAM hauling 75 pounds of marijuana across enforcement. Many of them have trav- Act. Though it was eventually blocked the desert.’’ eled to Washington this week, and I by a Republican filibuster, I did my The fact of the matter is that these will have the pleasure of meeting with best to pass the DREAM Act, even as men and women, with their families, some of Kentucky’s finest and their some said it would cost me the elec- are our neighbors, our classmates, our families later today, including the tion. As everyone knows by this time, colleagues. They are here for a lot of Ellis family and the Shaw family. the President, as he said in his State of different reasons. They have over- I am personally grateful to them for the Union Address—and he did this last stayed their visas. Some were brought bravely risking their lives in our de- Congress and he is doing it this Con- here illegally. But we have to deal with fense. Sadly, this occasion of National

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S2983 Police Week is also the time when we but he was also their only K–9 officer. I want to express my deepest condo- pay tribute to two brave and honorable With his police dog Figo, he fought il- lences to Officer Ellis’s family, to the police officers from the Commonwealth legal drug use in Bardstown. Few can members of the Bardstown Police De- of Kentucky who have fallen in the line forget one of the iconic photos of 2013 partment, and to peace officers across of duty in the past year. that featured Figo resting his paw on Kentucky for the loss of one very brave Deputy Sheriff Chad D. Shaw of the the coffin of his departed partner Offi- officer: Jason Scott Ellis. McCracken County Sheriff’s Depart- cer Ellis at the funeral service. I am relieved to say that for the ment tragically suffered a fatal heart Bardstown Police Chief Rick grieving family members of Officer attack on August 6, 2013. He was 47 McCubbin credited Officer Ellis with Ellis, Deputy Shaw, and every peace of- years old. Deputy Shaw had been at the being one of the department’s top offi- ficer lost in the line of duty across our Community Christian Academy in cers when it came to arrests and mak- Nation, resources to help are available. Western Kentucky, near Paducah, help- ing a dent in the drug problem. One of those resources is COPS, or Con- ing coordinate security for a meeting ‘‘He also made me feel like he was cerns of Police Survivors, Inc. COPS among the faculty and staff to kick off Superman,’’ says Amy Ellis, Officer El- members include spouses, children, the new school year when he collapsed lis’s wife, ‘‘that nothing would ever parents, siblings, significant others, and was immediately taken to Baptist happen to him.’’ Chief Rick McCubbin and affected coworkers of officers Health in Paducah. says Officer Ellis paid the ultimate killed in the line of duty. Tragically, it was too late for the sacrifice doing what he loved, being a The Kentucky chapter of COPS has U.S. Army veteran and 12-year veteran police officer. been at the forefront of serving this of the McCracken County Sheriff’s De- Jason Ellis was a native of Cin- mission. Last year Kentucky COPS partment. McCracken County Sheriff cinnati and a student at the University hosted the Traumas in Law Enforce- Joe Hayden says: ‘‘Deputy Shaw will of the Cumberlands in Williamsburg, ment seminar for law enforcement always be remembered for his love of KY. At school he was a star baseball agencies to learn how to deal with line- his family, his love for helping others, player. He set records for alltime ca- of-duty deaths. With 62 participants, it and the thoroughness in the way he did reer hits, doubles, home runs, and ca- was one of the highest attended semi- his job as a public servant for the citi- reer games played. He went on to play nars that any COPS chapter or organi- zens that he served.’’ minor league baseball in the Cincinnati zation has ever put on. This is an orga- Deputy Shaw leaves behind his wife Reds system from 2002 to 2005. nization that does not forget, taking Margaret and two daughters. I express Even as the star of the baseball dia- care of the families of our fallen law my deepest condolences to them, as mond, however, coaches and team- enforcement heroes long after their well as to members of the McCracken mates remember Jason Ellis talking watches end. I am proud of our Bluegrass State County Sheriff’s Department and to all about becoming a law enforcement offi- peace officers for taking the lead in who knew Deputy Shaw at the loss of cer. His wife Amy says: this fine and good man who chose to helping other men and women in blue He was always a go-getter . . . He was dedi- to deal with these tragic losses. As I wear the uniform of both his country cated to his job and he wanted to clean the have just related in the stories of Offi- and his Commonwealth and brought streets up. And that was the way to get the cer Ellis and Deputy Shaw, any loss of honor to both. drugs off the streets. a law enforcement officer is too great a I also pay tribute to another Ken- Officer Ellis was a 7-year veteran of price to pay for the families and com- tucky officer lost to us in the last year, the Bardstown Police Department. He munities they protect. officer Jason Scott Ellis of the leaves behind a grieving family, includ- I will be honored to meet with some Bardstown Police Department. Officer ing his wife Amy, his two young sons members of the Kentucky COPS who Ellis was tragically killed on May 25 of Parker and Hunter, two sisters, his are here in the Nation’s Capital for Na- last year. He was 33 years old. Officer mother and stepfather, and many other tional Police Week today in my office. Ellis was killed when he was en route beloved family members and friends. Sherry Bryant is the wife of Kentucky home following his shift. He was in uni- More than 300 people attended a can- Department of Fish & Wildlife Re- form and driving a marked vehicle. It dlelight vigil for Officer Ellis outside sources officer Douglas Bryant, who is believed he was ambushed by a sub- the police station shortly after his was tragically killed in the line of duty ject who deliberately placed debris in murder. On May 30 of last year, Officer back in 2003. the middle of the roadway, causing Of- Ellis was laid to rest at Highview Cem- Laurie Stricklen is the wife of police ficer Ellis to stop and exit his vehicle. etery in Nelson County. Fellow law en- officer James ‘‘Stumpy’’ Stricklen of As Officer Ellis removed the debris, forcement officers from across Ken- the Alexandria, KY, Police Depart- the killer or killers opened fire from a tucky and as far away as Pennsylvania, ment, who suffered a fatal heart attack nearby hilltop, shooting him multiple Ohio, and Illinois came to pay their re- on March 24 as a result of injuries sus- times and killing him instantly. It is spects. Hundreds of police cruisers tained after restraining a suspect. no exaggeration to call what happened helped to make up the funeral proces- Anthony Jansen is the son of police to Officer Ellis an assassination. Mad- sion over those beautiful rolling hills officer Anthony Jansen of the Newport deningly, the killer or killers are still and country roads of Nelson County. Police Department, who was acciden- at large. Over 1,000 people filled the church tally shot and killed while in the line Officer Ellis’s tragic death marked sanctuary to capacity, with even more of duty on December 30, 1984. His son the first time in the history of the standing in the aisles, to show their Tony carries on his father’s tradition Bardstown Police Department for an reverence and respect for Officer Ellis’s as he is himself now a police officer. officer to be killed in the line of duty. service and his sacrifice. Chief Rick So I am privileged to welcome all of A reward for the assassin, or assassins, McCubbin says this about his tragic those brave police survivors as well as still at large has grown to over a quar- slaying: the families of Officer Jason Ellis and ter of a million dollars. It’s basically a large family here and a lot Deputy Clay Shaw to my office today. Commissioner Rodney Brewer of the of these officers have worked together many To honor these fallen heroes and to Kentucky State Police pledges that his years, so as you can imagine they are very help bring justice to those who would troopers will continue to aggressively close. They know each other well, they know injure or kill our police officers, I am investigate this heinous murder until each other’s families, each other’s children, proud to be a cosponsor of the National an arrest is made. Kentucky State Po- so it’s a devastating hit. Blue Alert Act. This bipartisan legisla- lice, Bardstown police, and the Federal Officer Ellis’s loss is a devastating tion calls for what would be equivalent Bureau of Investigation continue to hit not only to his family, not only to to a national AMBER Alert system to seek the public’s assistance with any his brother officers, but to all of us efficiently share information with the detail, regardless of how small, regard- throughout Kentucky who respect and public when a law enforcement officer ing the evening of Officer Ellis’s death, admire the men and women who wear a is killed or seriously injured. May 25, 2013. police uniform and make a solemn vow I know my colleagues in the Senate Ellis was a huge asset to his force. He to defend the lives of others, even at join me in holding the deepest admira- was not only a field-training officer, the cost of their own. tion and respect for the many brave

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S2984 CONGRESSIONAL RECORD — SENATE May 14, 2014 law enforcement officers across Ken- were forced to endure extremely long but tainting that promise of our com- tucky and the Nation. We are grateful wait times and, in some cases, they mitment to the next generation of our so many have come to town for Na- were denied those cancer screenings al- military servicemembers and veterans. tional Police Week. together. He said, as a result, up to The generation that is now preparing We recognize theirs as both an honor- ‘‘15,000 patients [veterans all] who to embark for places such as West able profession and a dangerous one. should have gotten colonoscopies ei- Point, Annapolis, and Colorado We recognize that what they do is vi- ther did not get them or were examined Springs—these young people should be tally necessary to maintain peace and only after long and needless delays.’’ given not just a promise but an iron- order in a civil society. Dr. Krugman believes that some of clad commitment that after serving f these veterans actually died as a result our Nation with honor and courage of the lack of cancer screening and ad- they will get the support they have RESERVATION OF LEADER TIME dressing their symptoms. earned and they deserve. The ACTING PRESIDENT pro tem- He also told the Examiner that ‘‘an Anything less is just not acceptable. pore. Under the previous order, the office secretary deleted about 1,800 or- I yield the floor. leadership time is reserved. ders for medical tests or other services The ACTING PRESIDENT pro tem- pore. The Senator from Oregon. f to eliminate a backlog that threatened a certification inspection from an out- EXPIRE ACT HIRE MORE HEROES ACT OF 2014— side group.’’ Mr. WYDEN. Mr. President, the Sen- MOTION TO PROCEED Sadly, these allegations fit within a ate is now debating the EXPIRE Act. The ACTING PRESIDENT pro tem- larger pattern of VA abuses. At VA This is bipartisan legislation. I again pore. Under the previous order, the clinics across the country, reports have thank the distinguished Senator from Senate will resume consideration of been made that staffers and adminis- Utah Mr. HATCH. He has been so con- the motion to proceed to H.R. 3474, trators have failed to provide veterans structive in trying to build a bipar- which the clerk will report. with reliable access to medical care tisan piece of legislation, a bill that The assistant legislative clerk read and have fraudulently concealed long came out of the Senate Finance Com- as follows: wait times. Given all these examples, mittee several weeks ago with very substantial bipartisan support. Motion to proceed to Calendar No. 332, they are not just an individual data It really is designed to deal with a H.R. 3474, to amend the Internal Revenue point, but in connecting these data Code of 1986 to allow employers to exempt points it appears that the problems number of tax provisions that are tem- porary in nature and it, in effect, ex- employees with health coverage under with the Veterans Administration are tends those temporary tax provisions TRICARE or the Veterans Administration systemic. from being taken into account for purposes What we have is nothing less than a until the end of 2015. In consultation of the employer mandate under the Patient with the distinguished Senator from Protection and Affordable Care Act. betrayal, a betrayal of our Nation’s veterans, and a betrayal of the Amer- Utah, I thought it was important to The ACTING PRESIDENT pro tem- ican people, all of whom deserve to call this bill the EXPIRE Act. It was important because this legislation ac- pore. The Republican whip. know the truth about what their gov- tually does expire after 2 years. DEPARTMENT OF VETERANS AFFAIRS ernment is or is not doing to support Mr. CORNYN. Mr. President, it pains It, in effect, says—and I said—on my our American heroes. Of course, we watch as chair of the Senate Finance me to say that almost every day brings have heard in Phoenix that this be- a new story of reported scandals and a Committee there will not be another trayal has had tragic consequences, extenders bill. It is not going to happen long list of failures and abuses within with an estimated up to 40 people dying the Department of Veterans Affairs. on my watch. This is it. after lingering on a secret waiting In effect, by extending these impor- The latest scandals are particularly list—never receiving the treatment tant provisions now for one last time, painful to me because they emanate that they were entitled to. the Congress can give itself and the Fi- from Texas, and we have a proud tradi- We still don’t know exactly how nance Committee—on a bipartisan tion of being a State that contributes a many veterans have died or otherwise basis—the space that is needed to take large number of uniformed military have suffered because of the VA’s as- on the challenge of comprehensive tax members from our State—and, of sorted failures and abuses, but we do reform. course, we have a huge population of know that it is disgraceful and unac- It is not going to be easy, but it is ab- veterans, people who have worn the ceptable for even one veteran to need- solutely imperative for the future of uniform of the United States proudly, lessly die or suffer because of bureau- the American economy. I know it can sacrificed so much, and risked it all. cratic malfeasance. The evidence of be done. I know we can get Senators of But just like the scandals in Fort Col- such malfeasance is now growing, of both political parties together and lins, CO; Phoenix, AZ; Pittsburgh, PA; course. The only questions are: How build a bipartisan tax reform plan. I and in other cities, the ones in Austin, can we get our veterans the care and know this because I have—and other San Antonio, Harlingen, and Waco are support they need in the fastest pos- Senators do as well—a fair amount of evidence of a callous disregard for the sible way; and what is the best way to sweat equity in this cause. health and well-being of America’s he- restore genuine accountability and Our former colleague Senator Gregg roes. genuine safeguards within the VA sys- of New Hampshire sat next to me on a The new information comes from a tem? sofa for more than 2 years to build pair of whistleblowers. The first one, a Whenever I think about the ongoing what still is the only bipartisan Senate VA scheduling clerk named Brian Tur- VA scandals and the broader set of comprehensive tax reform bill in the ner, told the Austin American-States- challenges facing America’s veterans, I last 30 years. With Senator Gregg’s re- man that his supervisors at the VA fa- think of an annual tradition that we tirement, to their credit, Senator cilities in Austin, San Antonio, and have in Texas. Every year on Memorial COATS and Senator BEGICH pitched in. Waco were directing him to falsify ap- Day I host young Texans who are being So we know that there has already pointment data in hopes of covering up sent off to their service academies. been a lot of bipartisan work on com- the problem of long wait times. These are inspiring young men and prehensive tax reform and, suffice it to Meanwhile, the former associate women. Anyone who is feeling a little say, again building on this bipartisan chief of staff at the Harlingen VA bit uncertain about our Nation’s future lineage. My colleague from Utah, the Health Care Center, a man by the name needs to meet these young men and senior Senator Mr. HATCH, and Ambas- of Dr. Richard Krugman, has gone pub- women who go to our service acad- sador Baucus and Chairman CAMP in lic with a series of disturbing allega- emies. They are the best of the best the other body, have also put in years tions, according to the Washington Ex- and are an inspiration to me. of work and laid a strong foundation aminer, which interviewed Dr. This is a wonderful event and easily for tax reform. Krugman. Veterans seeking routine one of the highlights of my year. Yet I So once the Senate passes the EX- colonoscopies—cancer screening, in can’t think of how badly the VA is fail- PIRE Act, the job of the Finance Com- other words—at the Harlingen center ing not only our current generation mittee will be to focus in a kind of

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S2985 laser-like fashion on a bipartisan plan This is National Small Business The research and development credit that is going to give all Americans the Week, and this legislation in particular is critically important to the future of opportunity to get ahead. goes to great lengths to make it at- innovation in our country. Apropos I want to emphasize that. If I were to tractive for small businesses and par- again of the bipartisan theme we have sum up my philosophy about tax re- ticularly for small businesses that taken in the Finance Committee, with form, I want everybody in America to would like to hire new workers. the support of the ranking minority have the opportunity to get ahead—all Today we know there are nearly 10 member, the distinguished Senator our small businesses, all our Americans million Americans out of work, and from Utah, there has been some very who are trying to deal with an extraor- they are looking for jobs. The unem- good work done by the Senator from dinarily challenging economy. ployment rate in my home State is 6.9 Kansas, Mr. ROBERTS, and Senator Frankly, that would be my first percent, which is well above the na- SCHUMER. I wish to commend them for choice, to be out here working on com- tional average. their efforts to spotlight the need to do prehensive tax reform. But it was clear I think we would all agree that our more to reconfigure the research and to me, with Chairman Baucus going to highest priority should be to help peo- development credit to help small busi- China as our Ambassador, that it ple find jobs, and the EXPIRE Act is an nesses. wasn’t going to be possible in a few opportunity to do that, particularly The reality of course is what is the short months to pass comprehensive with respect to what it does for our common thread between so many of small businesses. tax reform. our most successful companies—Intel Let me outline a few of those provi- I made the judgment—I will share it and Apple, Amazon and Microsoft, and with the Senate again today, and I sions—again, temporary in nature—so that we can do even more on a perma- a host of others. They all started as in- brought it up yesterday—that the fail- novative small businesses with their ure to act on these temporary provi- nent basis for growing our economy and making it attractive for our small eyes trained on developing the future. sions, which are what the EXPIRE Act The EXPIRE Act is a step toward a is all about, would cause further unnec- businesses to hire new workers. In the EXPIRE Act is the Work Op- stronger, permanent research and de- essary, really gratuitous harm to velopment credit that will help even American workers, to our small busi- portunity Tax Credit, which encour- ages employers to recruit, hire, and re- more entrepreneurs in our country nesses, to our ability to compete in grow their best ideas into successful tough global markets. The EXPIRE tain individuals who often have had trouble finding jobs. The EXPIRE Act businesses. Act is all about preventing a tax in- In the meantime, we all know small crease. We would clearly have a tax in- extends and expands this legislation in a few key ways so that the credit can businesses in my home State of Oregon crease absent the EXPIRE Act, and it and across the country still suffer from would be in areas of the economy that help small businesses hire an even greater number of struggling Ameri- the recession. They feel the effects of would be particularly damaging. sluggish growth pretty much like ev- For example, it would really be a tax cans. First, it would do more to help the eryone else. In a stronger economy, on innovation because right at the cen- long-term unemployed find work. healthy small businesses might have ter of these temporary provisions—pro- These are those hard-hit Americans decided to turn higher profits into in- visions that under this bill will last who are deeply at risk of falling be- vestments aimed at expansion. The re- only until the end of 2015, and then tween the cracks. search and development credit—par- they will expire—they are not just Second, the new approach will pre- ticularly the improved research and de- meant to expire, they actually expire serve the credit for veterans returning velopment credit—is going to help a lot at the end of 2015. But if we don’t take from overseas whom we have seen of Americans, but we do want to place action to ensure that innovation has packing—literally packing—job fairs in a special focus on our small businesses an opportunity to flourish, what will cities across the country in search of because helping them to make capital happen is we will, in effect, have a tax work. Picture that. The veterans who investments in new machinery, vehi- on those very jobs that are most im- have worn the uniform of the United cles or computers is absolutely crit- portant for our middle class—to grow States and served all of us so admi- ical. wages, to encourage the kind of eco- rably come back and can’t find work, nomic multiplier that is so good for Again, the EXPIRE Act steps in to and they are coming out in throngs to begin to address that effort in a our economy. So we ought to pass the these job fairs around the country. EXPIRE Act so as not to have a tax in- thoughtful manner. The legislation al- This bill will help them. lows small businesses to expense up to crease on innovation. Small businesses that employee mili- We ought to pass the EXPIRE Act to $500,000 of equipment costs right away, tary reservists also currently get a and it indexes that dollar amount to not make it tougher for a company to wage credit when their employees get hire a veteran, which I think is also inflation so it grows in the future. It is called to Active Duty. Not only will what I think a number of Members hugely important. I will talk about it the EXPIRE Act increase that credit, know as section 179 expensing. If the in a couple of minutes in further detail. it will open the credit to employers of Congress were to fail to pass the EX- Another one that I know a lot of Sen- all sizes to improve job security for PIRE Act, that limit would fall from ators are going to hear about this week even more reservists. is what would happen—absent this I mentioned the research and devel- one-half million dollars to just $25,000. bill—to millions of Americans who are opment credit, which of course encour- The legislation also continues to sim- underwater on their mortgages. These ages innovation in firms of all sizes. plify recordkeeping—all of the redtape are hardworking middle Americans For many of them, having a strong re- we have heard small businesses, con- who now are deeply underwater. Their search and development credit is sim- cerned about section 179, talk with us lenders are willing to work out ar- ply imperative, but the reality is the about. The legislation continues to rangements to lower their debt in a current credit isn’t doing all it might simplify those procedures so small number of instances. But absent this do to help small businesses, and com- businesses can focus on their own bill, instead of getting their heads plicated rules that are buried in the growth instead of redtape. above water, what we will see is a tax Tax Code may erase any benefits they A lot of small businesses have prop- increase on those homeowners that see. The EXPIRE Act will change that erty that has lost value over time. really drives them back down and in- in several key ways. To start, it will Those small businesses can claim a de- creasingly sinking under all of this expand the pool of small businesses duction to compensate for it. The EX- debt. Absent this bill, middle class peo- that benefit. It will also allow startups PIRE Act extends a key provision that ple would be paying a tax on phantom to use the research and development allows small businesses to expense up income. I mean, they are not really credit to help pay their employees’ sal- to half the cost of that property up- getting any net income. When their aries, and it will build a bridge to tax front in the first year rather than lender works with them to relieve their reform so Congress can do more work spreading it out over a longer period. debt, they surely shouldn’t have to pay to improve the credit further and make Both of these tax incentives, section a hefty new tax. This bill does that. it permanent. 179 expensing and bonus depreciation,

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S2986 CONGRESSIONAL RECORD — SENATE May 14, 2014 are powerful tools to encourage invest- break the gridlock on tax reform. If we As I leave the floor—I touched on it ment. They are lifelines for small busi- look, in effect, from this day, essen- while he wasn’t here—I am particularly nesses looking to grow, and the EX- tially May of 2014, until certainly the pleased about the Roberts-Schumer ad- PIRE Act protects them also. middle of 2015, there is an ideal oppor- dition to help more small businesses be Next, I would like to touch on the en- tunity, an ideal window for Democrats part of those innovation jobs for the fu- ergy sector, which I know the distin- and Republicans in the Senate to build ture because what Senator ROBERTS guished presiding officer has a great in- a bipartisan coalition to pass that into and Senator SCHUMER did is to take terest in. Obviously, small energy busi- law—comprehensive tax reform—and to that credit and do more to move it to- nesses play a major role in the future work with our colleagues on the other ward an approach that will help those of the American economy, building a side of the Capitol who have similar in- small businesses, the ones starting in lower carbon future, and the EXPIRE terests. I know that because I have garages and all across the country Act is going to protect the incentives talked to a number of them in recent where individuals are betting on the fu- those businesses rely on to grow. months. ture and taking the risks. It is going to I will start briefly with the produc- I want colleagues on both sides of the be easier for them because of the good tion tax credit. The wind energy indus- aisle to know we are going to focus on work done by Senator ROBERTS and try, which benefits from the production getting these extenders passed now. Senator SCHUMER. It is another reason tax credit, supports more than 50,000 Speed is important because the longer for colleagues to vote for the EXPIRE jobs. Many wind companies are small, we wait, the more we damage, for ex- Act. and they require lots of capital and ample, our ability to create those inno- With that, I yield the floor. planning to bring them to market. vation jobs because, in effect, we are The PRESIDING OFFICER (Ms. Their story illustrates what is impor- going to have a tax increase on innova- HEITKAMP). The Senator from New tant to end the cycle of stop-and-go tax tion, making it harder to hire veterans York. policies that make our Tax Code, and the tax hike middle-class people ORDER OF PROCEDURE again, needlessly—as some would say, would get, in effect, because they are Mr. SCHUMER. I ask unanimous con- almost insanely—complicated and un- underwater on their mortgages and sent that the Republicans control the certain. Growth in wind energy has lev- they got a break from their lender. We time from 3 until 3:45 and the majority eled off over the last 2 years, largely have to get that done. It is my intent control the time from 3:45 until 4:30 because of the expiration and late re- to use every single day as we go for- p.m. The PRESIDING OFFICER. Without newal of provisions such as the produc- ward with that effort to make sure the objection, it is so ordered. tion tax credit. extenders pass and pass quickly, then Mr. SCHUMER. Madam President, The EXPIRE Act also extends provi- move on to comprehensive bipartisan first let me thank my colleague from sions to encourage the provision of tax reform. I know we can do it. Oregon, our new shining chairman of other alternative renewable fuels— He is not here today, but my col- the Finance Committee, who is doing league Mr. COATS, the senior Senator fuels such as biodiesel, cellulosic eth- such a great job. He is trying, in his from Indiana, has done very good anol, liquefied natural gas, and lique- own inimitable way—almost always work—stepped in when Senator Gregg fied hydrogen. There are small busi- successful way—to weave together nesses across the country that stand to retired—and has more than met me ideas of Democrats and Republicans to gain if the EXPIRE Act is passed, and halfway. I particularly want to com- create a bipartisan solution, first on there are incentives to create jobs in mend Senator BEGICH, who has been the issue of extenders—and that will be those areas, but our country is going to part of our bipartisan coalition and the big test case, and he knows it—and lose out if the Senate fails to act. who has had very thoughtful ideas, par- second on tax reform in general. If we Our small businesses ought to be able ticularly on protecting the middle- can’t pass these tax extenders in a bi- to plan for the future, to chart a class small business incentives for sav- partisan way, it will not bode well for course, in effect, from youth through ings. He is a small businessperson him- tax reform. I am hopeful, with the ini- maturity. Stop-and-go tax policies self. tial signs and the overwhelming vote only make that more difficult. Even I have been out here probably 20 min- yesterday, we can get that vote done. when well-intentioned, productive tax utes or so, and I haven’t said anything As the Senator mentioned, it has incentives go into the code, allowing that isn’t about Democrats and Repub- many ideas from different parts of the them to expire over and over under- licans coming together, coming to- country—ideas from Democrats, ideas mines their effectiveness and the abil- gether first to pass the extender legis- from Republicans, ideas, as he was kind ity of our businesses to have the cer- lation and then to use every single day enough to mention, that we worked on tainty needed to grow for the long over essentially the next year and a together, such as the proposal Senator term. Our taxpayers, small businesses half—that window until the summer of ROBERTS and I put together under the included—and we recognize them espe- 2015—to put together a bipartisan plan guidance of Senator COONS, who was cially this week—deserve predict- that can help grow the economy. the originator of the idea. ability and certainty. I will close with this. After the bipar- I thank my friend from Arizona. I The EXPIRE Act is called the EX- tisan effort in 1986, where a big group know he has some important words to PIRE Act for a reason. It is going to of progressive Democrats and conserv- speak in the next few minutes and has end after 2 years. I have heard my col- ative Republicans came together, our let me go now. I appreciate that very leagues on the other side of the aisle country created 6.2 million new jobs much. I know everyone looks forward over the last day make a number of over the next 2 years. Nobody can to hearing from him. very thoughtful comments about the claim every one of those jobs was due IMMIGRATION need for comprehensive tax reform, and to tax reform; that simply would be It is apropos my colleague from Ari- I wish to tell my colleagues, particu- stretching things, but clearly it helped. zona is on the floor because we worked larly on the other side of the aisle, that The business people I talk to now in together for so long and hard—at least with respect to the need for com- Oregon and others who come to Wash- in the Senate—successfully on this prehensive tax reform, they pretty ington say they very much want the issue of immigration. So I rise today to much have me at hello. We are going to same certainty and predictability that continue a conversation I started 2 get this extender bill passed, and then was seen in 1986, in terms of being able weeks ago about the House’s incompre- it is my intent to work very closely to make those investments to grow hensible refusal to do anything to try with Senator HATCH, the distinguished their businesses and particularly hire to fix our broken immigration system. ranking member on the Finance Com- more middle-class Americans at good I remind everyone it has now been 320 mittee, and all of our colleagues to wages. That is what we are going to be days since the Senate passed a strong start putting together a strategy for a all about. We are going to pursue it in bipartisan bill that would secure our comprehensive tax reform plan to pass a bipartisan way. Let us pass the EX- borders, hold employers accountable this Congress. PIRE Act and move on to address the for hiring illegal workers, grow our I will say on the floor that I think question of bipartisan comprehensive economy, and provide a chance for peo- there is a real opportunity now to tax reform. ple currently here illegally to get right

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S2987 with the law and earn legal status. stand with the majority of the Amer- Let’s call their bluff. Is it Obama? Is he During all that time the House has ican people and the supposed majority the problem? Then pass a bill where he failed to do anything to fix our broken of their conference or whether they are can’t enforce any of these laws. We can immigration system. really going to let STEVE KING con- come to a reluctant agreement on that. To be clear, the problem is not that tinue to dictate the policy of the Re- If Republicans can’t agree to pass a bill there is a difference of opinion between publican Party on immigration. that goes into effect after the Presi- a House bill and a Senate bill on immi- Just to be clear, right now STEVE dent’s term, then we know that mis- gration that cannot be reconciled. The KING is winning. Just last week he trust of the President is nothing but a problem is that House Republicans said: straw man. have completely abdicated their re- If I had the power, the authority to kill ev- Let’s be honest about what is hap- sponsibility to address the important erything immigration-wise that comes pening right now. Republicans are cur- issue of fixing our broken immigration through the House, if they actually handed rently doing nothing on immigration system. Again, the problem isn’t that me the keys to the kingdom, and if I actu- reform because they don’t want to rock the House has passed immigration laws ally had the gavel that controls the immi- the boat with primaries happening in that the Senate disagrees with; the gration issue, that would be nice. Georgia, Pennsylvania, Kentucky, Vir- problem is that the House won’t put Well, who among us can say he has ginia, and other key States that are oc- any immigration bills up for a vote no not been handed the gavel on immigra- curring between now and early June. matter what is in those bills. tion policy when nothing is being done But we can’t keep having broken fami- Two weeks ago I stated on the floor on immigration—just as he said he lies living under a broken system for- that the reason the House has done would do if he were indeed handed the ever without any idea of when Congress nothing on immigration is because gavel? might act to finally provide badly House Republicans have handed the What has the House actually done on needed reform. gavel of leadership on immigration to immigration these past 2 years? Noth- So today I wish to be clear on what far-right extremists, such as Congress- ing. Look it up. This is what STEVE our window is for the House to pass im- man STEVE KING. Not only has this KING wants—he wants the House to do migration reform. It is the window be- point not been refuted by anyone in the nothing. He is winning and America is tween early June and the August re- Republican Party, it has actually been losing. cess. So today I am saying to Speaker confirmed in various news sources that I am not the only one who is frus- BOEHNER, Leader CANTOR, and other have come out since the speech. trated with this inexplicable inaction. Republican leaders who refuse to For instance, just 2 days ago Speaker Just this week Tom Donohue, presi- schedule a vote on immigration reform BOEHNER was quoted as saying: dent of the U.S. Chamber of Commerce, during this window between early June I do believe the vast majority of our mem- said: and the August recess, it will not pass bers do want to deal with this, they want to If the Republicans don’t do it, they until 2017 at the earliest. I believe it deal with it openly, honestly and fairly. shouldn’t bother to run a candidate in 2016. will then pass in 2017 after Republicans Speaker BOEHNER is making clear He added that ‘‘failure to act is not take a shellacking in the Presidential that these folks are part of a ‘‘vote no, an option’’ and that ‘‘we’re absolutely and congressional elections. But in the pray yes’’ caucus. But he said immigra- crazy if we don’t take advantage of meantime, if immigration reform is tion hasn’t been scheduled for a vote having passed an immigration bill out not passed during this window, Repub- because ‘‘there are some members of of the Senate.’’ licans will have to admit that STEVE our party who just don’t want to deal I don’t always agree with the presi- KING controls the Republican Party with this. It’s no secret.’’ dent of the U.S. Chamber of Commerce, platform on immigration. If nothing Now, even by STEVE KING’s analysis, but he is right. Not only is this inac- happens during this window, it will be 20 to 25 Members of the House Repub- tion damaging the Republican Party clear that this occurred because STEVE lican side would vote for the Senate’s politically, it is also inflicting needless KING calls the shots and he has won the immigration bill. That number is damage to our economy. Our GDP immigration debate among the House clearly an underestimation of support could be growing by over 3 percent by Republicans. Whatever their supposed in the House for the Senate bill, but it passing this bill—more than any Re- excuse for inaction, inaction is consent shows that even according to STEVEN publican tax cut or Democratic spend- to STEVE KING’s point of view. KING, if the Senate bill were brought ing proposal. But STEVE KING says no Where are the leaders in the House— up for a vote, it would pass. KING added and Speaker BOEHNER abandons ship. the Republican Party—with the cour- that about 100 to 150 Republican Mem- MARIO DIAZ-BALART, another Repub- age to stand up to STEVE KING and the bers of the House could possibly vote lican working to pass immigration re- far right and say: Enough is enough. yes on an immigration bill if it were form, said that Republicans need a We will not let our party be hijacked presented for a vote. deadline to get moving on immigration by extremists whose xenophobia causes Given this broad support for immi- reform and that if no action was taken them to prefer maintaining a broken gration reform that supposedly exists by the August recess, the Republican system over achieving a tough, fair, in the House, I would say to Speaker brand would be damaged with Latino and practical long-term solution. BOEHNER and the Republican House voters for years to come. Make no mistake about it. Immigra- leadership: What are you waiting for? Has Speaker BOEHNER said: Fine, we tion reform will pass either this year If you want to pass immigration re- will schedule a vote before August re- with bipartisan support and a bipar- form, and you say the vast majority of cess? No, he has not. There is no sign tisan imprint or it will pass in a future your Members want to pass immigra- that anything will ever be done on im- year with only Democratic support and tion reform, schedule immigration re- migration reform. Even with the very Democratic imprint because Demo- form for a vote. It doesn’t have to be small, microscopic measure known as crats will control Congress and the our bill, although I think that is a good the ENLIST Act, which would let cer- White House simply because Repub- bipartisan, down-the-middle—not too tain immigrant youth earn legal status licans have failed to pass immigration liberal, not too conservative—ap- by joining the military, the House has reform. proach. But don’t do our bill. Do an- refused to consider this so far as part In the meantime, the President other bill. Come up with your own of the Defense authorization bill. would be more than justified in acting ideas. That is fine with us. Republicans keep trying to place the anytime after recess begins to make But the problem is that the House blame on the President, saying he can’t whatever changes he feels necessary to Republican leadership is still too afraid be entrusted to enforce any laws. We make our immigration system work of what STEVE KING calls the ‘‘50 to 70 believe that is a phony excuse, but if better for those unfairly burdened by Republicans who would fight to the that is really their problem, let’s pass our broken laws. If House Republicans last drop of blood against any immigra- a bill now and delay implementation refuse to act, it is incumbent on all of tion bill.’’ until 2017. I would support that. And us to look at all the areas where we It is time for the House Republican then we would have no President can act administratively to fix our bro- leadership to decide whether they Obama enforcing any of these laws. ken system.

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S2988 CONGRESSIONAL RECORD — SENATE May 14, 2014 I hope immigration reform passes The slate of nominees before the Sen- be specific agreements on every issue this year. ate, as I mentioned earlier, is the prod- and position that these nominees have I see my two colleagues from Arizona uct of consensus, cooperation, and taken, but I am confident of their abil- who worked so long and hard and cou- careful deliberation, selected with the ity to serve this Nation and the people rageously and pulled the bill further help of a nonpartisan judiciary evalua- of Arizona. away from what many Democrats tion commission. They saw over- I yield the floor. might want, but they knew that Amer- whelming support in the Judiciary The PRESIDING OFFICER. The Sen- ica and their State of Arizona de- Committee here in the Senate, and the ator from Arizona. manded a solution. Let’s rally to their brief descriptions that follow only Mr. FLAKE. I thank the senior Sen- side. Let’s rally to the side of all Amer- begin to capture the breadth of these ator from Arizona Mr. MCCAIN for the icans, a majority of Democrats, Inde- nominees’ experiences and the depth of work he has done to bring this panel pendents, and Republicans, all of whom their commitment to our legal system. forward with six judges to be confirmed want comprehensive immigration re- Judge Steven Logan has already this week. That is a big deal, a big deal form. proved to be an asset to the district for any State, and for a State such as I hope immigration reform passes court in Arizona, where he currently Arizona that has had such a shortage this year because our broken families, serves as a magistrate judge. That ex- for so long, this is particularly impor- our economy, and our country so badly perience, together with his work as an tant. I just want to say a few words need it. Let’s hope the House finally immigration judge and military trial about the three judges we will vote on stops talking and starts acting. judge, makes him uniquely qualified to after I speak: Judge Steven Logan, I yield the floor. serve as an article III judge. John Tuchi, and Diane Humetewa. Judge Logan has a distinguished The PRESIDING OFFICER. The Sen- John Tuchi currently serves as chief record in the military, where he earned ator from Arizona. assistant to the U.S. attorney and has a Bronze Star among many other hon- NOMINATIONS the qualifications to be a district judge ors. In discussing his military service Mr. MCCAIN. Madam President, I based in part on his dedication to pub- at his nomination hearing, one of his thank the Senator from New York for lic service, extensive trial experience, statements stuck out because it exem- his 5-minute speech. and practice before Federal courts. plifies his dedication for the rule of law I am pleased to join today with my Judge Douglas Rayes, also nominated and his fitness to be a district judge. friend and colleague Senator FLAKE to for the Phoenix Division, currently He said: express support for this diverse and serves as a Maricopa County superior historic slate of nominees to the U.S. The rule of law in the United States is court judge, where he has presided over District Court for the District of Ari- very, very important. I have seen what hap- thousands of cases in family law, zona. pens in a country, two countries in par- Between today and tomorrow, the criminal law, and complex litigation. ticular— Senate will hopefully vote to confirm Together with 18 years in private prac- He is referring to Iran and Afghani- six judges to the Federal court in Ari- tice, Judge Rayes’ experience and in- stan— zona, and I urge my colleagues to join sight will be valuable to the Federal when there is no rule of law that is active. court. me in supporting these nominees. Judge Logan will bring this impor- Rosemary Marquez has worked as a I am very pleased to have worked tant perspective to the bench, as well public defender and prosecutor as well with my colleague Senator FLAKE. To- as insights he has gained as an assist- as in private practice. Her extensive gether we have put together a group of ant U.S. attorney, both in Minnesota experience working in border districts people who have devoted their time and and in Arizona. He is familiar with im- and her Hispanic heritage will be in- effort in our State, who represent the migration issues as well, which provide valuable assets to the Federal court. best and the brightest legal minds and the bulk of the cases he will be looking Lastly, Judge James Soto, whose ex- judicial experience in our State on a at as a district court judge. bipartisan basis, and we acted, very perience includes running a private Mr. Tuchi has a long career as a pros- frankly, on the unanimous rec- practice that covered a broad array of ecutor, having served the bulk of his ommendation of this group of out- commercial, civil, and criminal cases career in the Arizona U.S. attorney’s standing citizens of Arizona who put and service on the Santa Cruz County office from 1998 until now. He is pres- forth these recommendations. Superior Court, together with an un- ently serving as chief assistant U.S. at- I am very proud that some of these derstanding of issues important to bor- torney, where he oversees civil and nominees are indeed historic, including der communities, have prepared him to criminal personnel operations. In 2009 the fact that one of the nominees, serve ably as a district judge in Tuc- he served as interim U.S. attorney for Diane Humetewa, has an impressive son. several months. He began his legal ca- legal background ranging from work as Each of these nominees has shown reer as a judicial clerk in the Ninth a prosecutor and appellate court judge commitment to justice, public service, Circuit, and I think he is going to to the Hopi nation. She served the U.S. and the people of Arizona. Each also make a stellar district court judge as attorney for the District of Arizona. has demonstrated the judicial tempera- well. And hers is a historic nomination. If ment and professional demeanor nec- Ms. Humetewa, similar to Judge confirmed, Diane Humetewa will be the essary to serve in this capacity with Logan, has served as both a prosecutor first Native American woman to ever integrity. I urge my colleagues to sup- and a judge, serving in the Arizona serve on the Federal bench, and we are port these nominees—the three we are U.S. attorney’s office as an assistant very proud of her and the other five. voting on today and hopefully the U.S. attorney and then as a Senate- The Federal district court of Arizona three who will be voted on tomorrow confirmed U.S. attorney for Arizona has been under tremendous strain morning—by voting yes for cloture and from 2007 to 2009. She was also acting these past few years, and the confirma- for final confirmation. chief prosecutor for the Hopi Tribe and tion of these six judges will be a great I again wish to thank all those indi- appellate court judge for the tribe. As relief to an overburdened court, one viduals who were a part of the commis- Senator MCCAIN noted earlier, she will which is consistently ranked as one of sion that came up with these rec- be the first Native American woman to the top 10 busiest in the country. Of ommendations. I wish to thank my serve on the Federal bench. I know her the 13 authorized judgeships for this friend and colleague Senator FLAKE, varied experience as a judge and pros- court, 6 are currently vacant. This, to- also a member of the Judiciary Com- ecutor will serve her well in this capac- gether with the large caseload, led the mittee, for the important role he ity. District of Arizona to declare a judicial played in bringing these nominees be- Let me just say what a thrill it was emergency in 2011. This has created an fore the Senate. I am confident they to be on the Judiciary Committee and untenable situation for the court in Ar- will serve the State of Arizona with have all six of these prospective judges izona, and the confirmation of these honor and distinction. I would also come with their families and talk nominees is critical to ensure that the point out that some of these nominees about their experience and how it administration of justice is timely and may not be of the same party as Sen- would relate to their new role if they fair for the people of Arizona. ator FLAKE and me and there may not were to be confirmed. It was great to

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S2989 be there to see Diane Humetewa and piece on the editorial page of the Wall publicans in demanding an immediate family and note that on the reserva- Street Journal this morning entitled amendment to a bill that she knows the tion there were many other family ‘‘Harry Reid’s Senate Blockade.’’ White House is reluctant to veto. And she’d members watching that hearing being I ask unanimous consent to have this have insisted that Mr. Reid allow a 50-vote threshold for passage, rather than Mr. Reid’s streamed and being proud that the first opinion piece printed in the RECORD. 60–vote supermajority. female Native American would be on There being no objection, the mate- Ms. Landrieu instead is playing Mr. Reid’s the Federal bench. What a great occa- rial was ordered to be printed in the double game, demanding a Keystone vote sion, what a great event to witness, RECORD, as follows: even as she undermines its passage. She is and it speaks well for not only her HARRY REID’S SENATE BLOCKADE running for election by boasting about her qualifications but the qualifications of The U.S. Senate failed to advance another clout as the new Chairman of the Senate En- the others as well. piece of popular bipartisan legislation late ergy Committee, but she is so ineffectual We look forward in the coming Monday, and the reason tells the real story that she can’t get her own party to allow a days—hopefully tomorrow—to vote on of Washington gridlock in the current Con- vote on what she claims is one of her top pri- gress. To wit, Harry Reid has essentially orities. Judge Rayes as well as Rosemary The lesson for voters is simple: If they Marquez. Senator MCCAIN mentioned shut down the Senate as a place to debate and vote on policy. want anything meaningful done in the last Judge Soto. I have had the honor of The Majority Leader’s strategy was once two years of the Obama Administration, getting to know Judge Soto and his again on display as the Senate failed to get they will have to elect a Republican Senate. family a bit. He served 13 years on the the 60 votes to move a popular energy effi- Mr. WICKER. I will quote at length County of Santa Cruz’s Superior Court ciency bill co-sponsored by New Hampshire from the Wall Street Journal this and is currently a presiding judge. The Democrat Jeanne Shaheen and Ohio Repub- morning, because in mentioning this comment in the confirmation hearing lican Rob Portman. Mr. Reid blamed the de- popular piece of legislation, the edi- feat on Republican partisanship. But the im- that came up is that the people of torial gets right to the point. It says: Santa Cruz County are going to be sad passe really came down to Mr. Reid’s block- ade against amendments that might prove . . . the reason [the bill failed this week] to lose him as a judge; he has been politically difficult for Democrats. tells the real story of Washington gridlock in great there, and he will be a great dis- The Nevadan used parliamentary tricks to the current Congress. To wit, Harry Reid has trict court judge. block energy-related amendments to an en- essentially shut down the Senate as a place I am so happy to go through this ergy bill. This blockade is now standard pro- to debate and vote on policy. process. This is my first time, being cedure as he’s refused to allow a vote on all I absolutely agree. Additionally, the relatively new to this position, of but nine GOP amendments since last July. editorial says: nominating judges and going through Mr. Reid is worried that some of these The Majority Leader’s strategy was once the confirmation process. It was a amendments might pass with support from Democrats, thus embarrassing a White again on display as the Senate failed to get pleasure working with Senator MCCAIN House that opposes them. the 60 votes to move the popular energy effi- and with the White House and the In the case of Portman-Shaheen, Repub- ciency bill co-sponsored by New Hampshire President in bringing these nomina- licans had prepared amendments to speed up Democrat Jeanne Shaheen and Ohio Repub- tions forward. exports of liquefied natural gas; to object to lican Rob Portman. Mr. Reid blamed it on I urge my colleagues to vote both for a new national carbon tax; to rein in the En- Republican partisanship. But the impasse cloture and for final confirmation of vironmental Protection Agency’s war on really came down to Mr. Reid’s blockade these three judges today and hopefully coal plants; and to authorize the Keystone against amendments that might prove politi- cally difficult for Democrats. the other three tomorrow or later. I ap- XL pipeline. A majority of the public sup- preciate the President making these ports these positions and many Democrats Once again, the majority leader has from right-leaning or energy-producing made it clear he doesn’t intend to let nominations. Arizona has waited a long states claim to do the same. The bill against time to fill these judgeships and we are the Senate work its will on amend- the EPA’s coal-plant rules is co-sponsored by ments. Instead, the new normal is that pleased to do so this week. West Virginia Democrat Joe Manchin. I yield the floor, and I note the ab- Yet the White House and Mr. Reid’s domi- the majority leader comes to the floor sence of a quorum. nant liberal wing won’t take the chance that and says: If the bill is worded as I The PRESIDING OFFICER. The a bipartisan coalition might pass these think it should be, if we can come to an clerk will call the roll. The legislative amendments, most of which the House has agreement with how it should be writ- clerk proceeded to call the roll. passed or soon would. President Obama ten, I will bring it to the floor and we The PRESIDING OFFICER. The Sen- would thus face a veto decision that would can vote it up or down. But this idea of ator from Mississippi. expose internal Democratic divisions. So Mr. amendments, that is unacceptable to Reid shut down the amendment process. Re- Mr. WICKER. Madam President, I publicans then responded by refusing to pro- the majority leader, and it is a com- ask unanimous consent that the order vide the 60 votes necessary to clear a fili- plete departure from the way this Sen- for the quorum call be rescinded. buster and vote on the underlying bill. ate has operated for decades and dec- The PRESIDING OFFICER. Without It’s important to understand how much ades on important pieces of legislation. objection, it is so ordered. Mr. Reid’s tactics have changed the Senate. I would point out that in the Civil A NEW NORMAL Not too long ago it was understood that any Rights Act of 1964, one of the major ac- Mr. WICKER. Madam President, I Senator could get a floor vote if he wanted complishments of the Congress in the sorrowfully rise this morning to take it. The minority party, often Democrats, 20th century, there were 115 amend- used this right of amendment to sponsor note of the sad state to which this votes that would sometimes put the major- ments called up during its consider- great deliberative body has fallen, and ity on the spot. It’s called politics, rightly ation. The leadership didn’t know how I do so reluctantly because I must spe- understood. This meant the Senate debated those votes would turn out. They had cifically criticize the majority leader national priorities and worked its bipartisan probably done a whip count and they of the U.S. Senate for bringing this will. Harry Reid’s Senate has become a delib- had a decent idea, but the idea was the body to what many historians observe erate obstacle to democratic accountability. Senate was going to be allowed to vote is a new low in terms of our ability to And speaking of accountability, every sup- up or down with the light shining on posedly pro-energy Democrat supported Mr. the process and the American people move legislation and our ability to Reid in his amendment blockade. That in- have open debate and open amend- cludes Louisiana Senator Mary Landrieu, seeing how their elected Senators felt ments in the Senate. who is running TV ads back home attacking on that issue. There were 115 amend- We see what has become a new nor- the Obama Administration energy policies ments called up during the consider- mal in the Senate. Earlier this week a that Mr. Reid is protecting from bipartisan ation of the Civil Rights Act in 1964. bipartisan and popular piece of legisla- majority rejection. She still claims to sup- The Panama Canal Treaty of 1978 was tion on energy efficiency was derailed port a vote on the Keystone XL pipeline, and another major piece of deliberative by the majority leader’s resistance to she blamed Republicans for not going along work that was done by the Senate. the open amendment process. Cer- with Mr. Reid’s vague assurance that he There was a total of 89 amendments of- would allow a stand-alone vote on Keystone tainly, it is not only members of my later this month. fered to the Panama Canal Treaty. party, it is not only persons on my side But why not force the vote now? If Ms. Those amendments were called up and of the aisle who have concluded this. Landrieu really had Keystone as a top pri- debated in the clear light of day. Votes There was a very scathing opinion ority, as she claims, she’d have joined Re- were held and the American people

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S2990 CONGRESSIONAL RECORD — SENATE May 14, 2014 found out how their elected representa- And sadly so, I might add. trative Office of the U.S. Courts has tives in the Senate felt about those This Harry Reid gag rule is new to designated them as emergency vacan- amendments. This week and for the the Senate. We have had a number of cies due to high caseloads. We continue last 52 weeks that has not been the distinguished majority leaders whose to seek consent from Republicans to case with the majority leader currently names will go down in history as the vote on much needed judges to our Fed- in power in the Senate. giants and statesmen of our time, and eral judiciary, and yet they continue to The Wall Street Journal goes on to they did not resort to this gag rule. refuse. Republicans have objected to say that the majority leader This is largely a Harry Reid invention. moving to a vote on every single judi- . . . used parliamentary tricks to block en- I will give the facts. Mr. Reid has cial nominee this year. I can only hope ergy-related amendments to an energy bill. used the gag rule to fill the amendment that they will eventually come to see This blockade is now standard procedure as tree—which is a parliamentary term. the error of their ways. he’s refused to allow a vote on all but nine He has used his gag rule to cut off Before proceeding with the qualifica- GOP amendments since last July. Mr. Reid is amendments 85 times, more than twice tions of these judicial nominees, I worried that some of these amendments the number of the previous six leaders would again like to clarify and address might pass with support from Democrats, combined, and these were Democrats some questions regarding the nomina- thus embarrassing a White House that op- tion of David Barron. Mr. Barron has poses them. and Republicans. Senator Dole invoked the procedural been nominated to fill a vacancy on the I wish to point out that during the tactic only seven times. Senator Rob- U.S. Court of Appeals for the First Cir- time when Republicans—in this sup- ert Byrd, a giant, a historian, and an cuit. There have been press accounts posedly greatest deliberative body in expert in the use of Senate rules, in- that have inaccurately stated what the the world—have been given nine voked it only three times. Senator administration has made available for amendments over the last year, Repub- Mitchell of Maine invoked it 3 times; Senators to review relevant to this licans, which hold the majority in the Senator Lott, 11 times; Senator nomination. As I said last week, the administration has made available House of Representatives, have given Daschle, 1 time; and Senator Frist, 15 unredacted copies of any memo issued their Democratic colleagues 125 minor- times. Yet time after time—some 85 by Mr. Barron regarding the potential ity votes. This is in a House which rou- times—this majority leader has de- use of lethal force against Anwar Al- tinely shuts down debate, has a rules cided that the Senate doesn’t have a Awlaki. This week, the administration committee, and historically limits the right—that the people of Mississippi has made clear that this material in- number of amendments and the num- and the people of North Dakota don’t ber of votes. Minority Members in the cluded all written legal advice by Mr. have a right—for their Senators to Barron regarding potential use of le- House have had 125 votes during that come up and offer an idea and let it same time period. This Senate has al- thal force against U.S. citizens in coun- rise or fall based on whether it is good terterrorism operations. Senators lowed minority Members nine votes policy or not. This is an outrage that during that same period of time, and therefore have had the opportunity to the people of the United States need to conduct their due diligence before vot- that is an outrage, which the Wall understand. Street Journal continues to point out. ing on this nomination. It seems past majority leaders, when In an Internet post titled ‘‘Why Civil The editorial goes on to say: entrusted with protecting this institu- In the case of Portman-Shaheen, Repub- Libertarians and Drone Critics Should tion, recognized that the gag rule Support David Barron,’’ Georgetown licans had prepared amendments to speed up should be used sparingly. Its current exports of liquefied natural gas; to object to Law Professor David Cole—one of the a new national carbon tax; to rein in the En- abuse undermines the Senate’s ability foremost critics of the administration vironmental Protection Agency’s war on to address pressing national issues and over its failure to publicly disclose coal plants; and to authorize the Keystone to carry on the tradition of debate that legal material addressing the use of le- XL Pipeline. has always defined this body. That thal force against U.S. citizens—has I believe these amendments were really cannot be denied. stated: good amendments. I would have voted Senator Robert Byrd, who I alluded It is a mistake to conflate the issues of the for them. The case could be made on to earlier, called the Senate ‘‘the last appointment of David Barron and disclosure the other side of the aisle that they bastion of minority rights.’’ That was of the memos. Barron is a highly qualified were bad policy. But make the case. true during Democratic majorities lawyer who I know personally to be thought- when Senator Byrd was the majority ful, considerate, open-minded, and brilliant. Let elected Senators from North Da- His confirmation would put in place a judge kota, Mississippi, and all across the leader. Sadly, it is not the case any longer. who will be absolutely vigilant in his protec- United States of America be heard and tion of civil liberties and his insistence that vote the wishes of their particular con- The Wall Street Journal editorial—I executive power be constrained by the rule of stituencies on these issues. Instead, the would commend it to the attention of law. That long-term value should not be sac- majority shut down these amendments. anyone within the sound of my voice— rificed because of a short-term battle over The editorial goes on to say: concludes this: memos that every Senator already has the The lesson for voters is simple: If they opportunity to review. Yet the White House and Mr. Reid’s domi- want anything meaningful done in the last nant liberal wing won’t take the chance that Professor Cole is right. I have person- two years of the Obama Administration, a bipartisan coalition might pass these ally pressed the administration for they will have to elect a Republican Senate. amendments, most of which the House has greater transparency on these matters passed or soon would. President Obama Those are the words of the Wall as well, but that is a separate debate would thus face a veto decision that would Street Journal and not my words. and we should not be waging it at the expose internal Democratic divisions. So Mr. What has become of the Senate under expense of harming our Federal judici- Reid shut down the amendment process. this Harry Reid gag rule is unconscion- ary and denying the American people As I said, he has shut down the able. It should be reversed and Sen- an individual who will make a first- amendment process in every case ex- ators of both parties should stand in rate judge. Not only is this tactic un- cept for nine lonely votes. resistance to the idea that we cannot wise, but it also does not help advance The editorial goes on to say: offer amendments and have them de- the cause of those who are seeking pub- It’s important to understand how much bated as they have always been debated lic disclosure of the memos. As Pro- Mr. Reid’s tactics have changed the Senate. in the Senate. fessor Cole has further explained: Not too long ago it was understood that any I yield the floor. [H]olding up Barron’s nomination is un- Senator could get a floor vote if he wanted Mr. LEAHY. Madam President, this likely to expedite disclosure of the memos. it. The minority party, often Democrats, week, we are voting to overcome Re- It will only undermine the confirmation of used this right of amendment to sponsor publican filibusters of seven highly someone who would make an excellent judge. votes that would sometimes put the major- qualified judicial nominees. Every sin- The Administration has been ordered (unani- ity on the spot. It’s called politics, rightly mously) to release the memo, and will in understood. This meant the Senate debated gle one of the nominees we will be vot- short order either comply with that order or national priorities and worked its bipartisan ing on this week has been nominated to seek further review. Barron has no control will. Harry Reid’s Senate has become a delib- fill a judicial emergency vacancy. This over that decision, and should not be held erate obstacle to democratic accountability. means that the nonpartisan Adminis- hostage to it . . .

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S2991 I am second to none in my support for also served as a Staff Judge Advocate 2006, she served as a detailee with the transparency. And I will continue to fight in the U.S. Marine Corps Reserves from U.S. Senate Committee on Indian Af- for that value on its own terms. But it is a 2012 to 2013. Previously, from 2010 to fairs. Ms. Humetewa also served as an huge mistake to let our legitimate concerns 2012, he served as a U.S. Immigration appellate court judge for the Hopi about transparency get in the way of the confirmation of a judge who will faithfully Judge in the Executive Office for Im- Tribe from 2002 to 2007. Prior to her protect our liberties and hold government migration Review. From 2009 to 2011, service in Arizona, she served as coun- accountable—especially when the Senate al- he served as an Article I Deputy Chief sel to the Deputy Attorney General for ready has been given access to all the infor- Reserve Military Judge, and from 2005 the U.S. Department of Justice from mation they need to exercise their ‘‘advise to 2009, he served as an Article I Mili- 1996 to 1998. After graduating from law and consent’’ role. tary Judge to the U.S. Department of school, she served as Deputy Counsel to I agree completely with Professor the Navy. Prior to becoming judge, he the U.S. Senate Committee on Indian Cole, and I ask unanimous consent to served as an assistant U.S. attorney in Affairs from 1993 to 1996. She has the have printed in the RECORD the full the District of Arizona from 2001 to 2010 support of her Republican home State posting after my remarks. and as an assistant U.S. attorney in Senators, Senator MCCAIN and Senator I would further ask unanimous con- the District of Minnesota from 1999 to FLAKE. The Judiciary Committee re- sent to include a joint op-ed in the Bos- 2001. From 1993 to 1999, he worked for ported her nomination favorably by ton Globe by Harvard Law professors the Department of Defense, where he voice vote to the full Senate on Feb- Charles Fried and Laurence Tribe—two served as a Prosecutor—1996–1999—and ruary 27, 2014. When confirmed, Ms. legal luminaries who often disagree in as a contracting officer—1993–1996. Humetewa will be the first Native their views on the Constitution and Judge Logan has completed three de- American woman to serve as a Federal other legal issues. As the two of them ployments of Active Duty in Afghani- judge and the third Native American have written: stan—2008–2009—and Iraq—2004, 2007– ever to do so. The nation badly needs the best possible 2008. During his military service, he re- Rosemary Mo´ rquez has been nomi- judges—men and women of integrity, intel- ceived numerous awards that include nated to fill a judicial emergency va- ligence, judicial temperament, respect for the Bronze Star in 2008, the Meri- cancy on the U.S. District Court for the rule of law, and an understanding of the torious Service Medal in 2004 and 2012, the District of Arizona. She has served role of judges within our legal system. Bar- and the Global War on Terrorism Expe- since 2008 in private practice as a sole ron understands and exemplifies those val- practitioner in Tucson, AZ. She pre- ues. He should be released from the destruc- ditionary Medal in 2004. Judge Logan tive tangle in which he has become quite has the support of his Republican home viously served as a partner at Montoya undeservedly enmeshed and placed on the State Senators, Senator MCCAIN and & Mo´ rquez, PLLC from 2000 to 2008, an First Circuit Court of Appeals where he can Senator FLAKE. The Judiciary Com- assistant Federal public defender in the serve our nation with great distinction. mittee reported him favorably to the Federal Public Defender’s Office in We should proceed to Mr. Barron’s full Senate by voice vote on February Tucson, AZ from 1996 to 2000, a county nomination and confirm him so he can 27, 2014. legal defender in the Pima County get to work on behalf of the American John Tuchi has been nominated to Legal Defender’s Office from 1994 to people. Delays are simply depriving the fill a judicial emergency vacancy on 1996, and a deputy county attorney in Federal judiciary and all Americans of the U.S. District Court for the District the Pima County Attorney’s Office in a tremendous public servant. of Arizona. He has served since 2012 as 1994. Ms. Mo´ rquez earned her B.A. from This week, we will proceed to vote to the chief assistant U.S. attorney in the the University of Arizona in 1990. She end filibusters on the following seven U.S. Attorney’s Office for the District earned her J.D. from the University of nominations: of Arizona, where he also has served as Arizona Law School in 1993. She has Judge Gregg Costa has been nomi- the U.S. attorney for an interim period the support of her Republican home nated to fill a judicial emergency va- in 2009 and as an assistant U.S. attor- State Senators, Senator MCCAIN and cancy on the U.S. Court of Appeals for ney since 1998. From 2001 to 2007, he Senator FLAKE. The Judiciary Com- the Fifth Circuit in Texas. He has served as an adjunct professor at the mittee reported her favorably to the served since 2012 as a U.S. district Arizona State University Law School, full Senate by a roll call vote of 15 to judge in the Southern District of teaching courses on professional re- 2 on February 27, 2014. Texas. He previously served as an as- sponsibility. From 1995 to 1998, Mr. Judge Douglas Rayes has been nomi- sistant U.S. attorney in the Southern Tuchi worked in private practice at nated to fill a judicial emergency va- District of Texas from 2005 to 2012. He Brown & Bain, P.A. as an associate. cancy on the U.S. District Court for worked in private practice as an asso- After graduating from law school, he the District of Arizona. He has served ciate at Weil, Gotshal & Manges from served as a law clerk to Judge William since 2000 as an Arizona State judge in 2002 to 2005. After graduating from law C. Canby, Jr., of the U.S. Court of Ap- Maricopa County Superior Court, in- school, he served as a law clerk to peals for the Ninth Circuit from 1994 to cluding as associate presiding civil Judge Raymond Randolph of the U.S. 1995. In 2010, he received the Director’s judge from 2008 to 2010 and as presiding Court of Appeals for the DC Circuit Award for Outstanding Performance in criminal judge from 2010 to 2013. He has from 1999 to 2000 and to Chief Justice Indian Country from the U.S. Depart- presided over thousands of complex William Rehnquist of the Supreme ment of Justice. Mr. Tuchi has the sup- criminal, civil, and family cases that Court of the United States from 2001 to port of his Republican home State Sen- have gone to judgment by settlement, 2002. He also served as a Bristow fellow ators, Senator MCCAIN and Senator plea agreement, summary judgment, or in the Office of the Solicitor General FLAKE. The Judiciary Committee re- dismissal. He previously worked in pri- from 2000 to 2001. Judge Costa earned ported his nomination favorably by vate practice as a partner at Tryon, his B.A. from Dartmouth College in voice vote to the full Senate on Feb- Heller & Rayes from 1989 to 2000; a 1994. He earned his J.D. with the high- ruary 27, 2014. partner at McGroder, Tryon, Heller & est honors from the University of Diane Humetewa has been nominated Rayes from 1986 to 1989; McGroder, Texas Law School in 1999. He has the to fill a judicial emergency vacancy on Tryon, Heller, Rayes & Berch from 1984 support of his home State Senators, the U.S. District Court for the District to 1986; and as an associate at Senator CORNYN and Senator CRUZ. The of Arizona. She has served as a pro- McGroder, Pearlstein, Peppler & Tryon Judiciary Committee reported him fa- fessor of practice and special advisor to from 1982 to 1984. Following his gradua- vorably to the full Senate by voice vote the president at the Arizona State Uni- tion from law school, he served as on March 27, 2014. versity Law School since 2011. From Judge Advocate General in the U.S. Judge Steven Logan has been nomi- 2009 to 2011, she worked in private prac- Army JAG Corps from 1979 to 1982. He nated to fill a judicial emergency va- tice as a counsel at Squire, Sanders & served in the U.S. Army from 1970 to cancy on the U.S. District Court for Dempsey. From 1998 to 2009, she served 1982 and in the Army Reserve from 1982 the District of Arizona. He has served in the U.S. attorney’s Office in the Dis- to 1985. Judge Rayes has the support of on the Military Court of Appeals since trict of Arizona as an assistant U.S. at- his Republican home State Senators, 2013 and as a U.S. magistrate judge in torney—1998–2007—and then as the U.S. Senator MCCAIN and Senator FLAKE. the District of Arizona since 2012. He attorney from 2007 to 2009. From 2005 to The Judiciary Committee reported him

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S2992 CONGRESSIONAL RECORD — SENATE May 14, 2014 favorably to the full Senate by a roll nell has noted, Barron ‘‘has supported efforts and consent’’ role. As a civil libertarian and call vote of 16–2 on February 27, 2014. to adopt laws to enable judicial review of ex- drone critic, I have no hesitation in saying Judge James Soto has been nomi- ecutive actions that might otherwise escape that David Barron should be confirmed. nated to fill a judicial emergency va- judicial review because of lack of standing, and has written powerfully about the need [From the Boston Globe, May 13, 2014] cancy on the U.S. District Court for for constitutional limits on executive ex- DAVID BARRON SHOULD BE CONFIRMED TO U.S. the District of Arizona. He has served cesses.’’ Indeed, as head of the Office of Legal COURT OF APPEALS since 2001 as a superior court judge in Counsel in 2009, Barron himself withdrew five (By Charles Fried and Laurence H. Tribe) the Santa Cruz County Court. During OLC memos written during the prior admin- Although the two of us frequently ap- his time on the bench, he has presided istration to authorize controversial interro- proach legal questions from different per- over 1,100 cases that have gone to ver- gation techniques such as waterboarding. spectives, and just as often disagree about dict or judgment. Prior to his judicial And fellow Harvard Law Professor John F. the best answers to those questions, we share Manning, a conservative who clerked for service, he worked in private practice a respect for our Constitution and a rev- Judge Robert Bork and Justice Antonin erence for the judicial process. That’s why, for over two decades, including as a Scalia, has accurately described Barron as shareholder and president of Soto, Mar- in spite of our disagreements, we agree that ‘‘undeniably brilliant’’ and ‘‘an unusually Harvard Law School professor David Barron tin and Coogan, P.C. from 1992 to 2001. talented and careful lawyer’’ who will ‘‘un- is exceptionally well-qualified to hold a seat He worked as a sole practitioner from derstand and faithfully carry out the duties on the US Court of Appeals for the First Cir- 1976 to 1979. He previously served as of a circuit judge.’’ cuit and that the Senate should promptly town attorney for the town of Pata- Second, the administration has in fact confirm him. gonia from 1975 to 1992, deputy city at- made available to all Senators any and all No one can reasonably question Barron’s memos Barron wrote concerning the tar- intelligence, the high quality of his scholar- torney for the Office of the Nogales geting of al-Awlaki—the core of the issue City Attorney from 1974 to 1983, and ship, his judicial temperament, his deep re- Sen. Paul is concerned about. So if Sen. Paul spect for the rule of law, or his personal in- deputy county attorney for Santa Cruz and any other Senator want to review Bar- tegrity and devotion to public service. Bar- County in 1975. Judge Soto has the sup- ron’s reasoning in full, they are free to do so. ron (who is married to Juliette Kayyem, a port of his Republican home State Sen- Moreover, the administration also made Democratic gubernatorial candidate and ators, Senator MCCAIN and Senator available to the Senate, and ultimately to former Globe columnist) is a brilliant lawyer the public, a ‘‘White Paper’’ said to be drawn FLAKE. The Judiciary Committee re- who will make an excellent judge. ported him favorably to the full Senate from the Barron memo (though written long Though some conservatives oppose his em- after he left office). Thus, no Senator need be brace of what they call ‘‘progressive con- by voice vote on February 27, 2014. in the dark about the Administration’s rea- stitutionalism,’’ and some civil libertarians All of these nominees have the expe- soning, and the public also has a pretty good worry about the secrecy of memoranda he rience, judgment, and legal acumen to idea as well. signed as head of the Justice Department’s be terrific judges in our Federal courts. Indeed, the U.S. Court of Appeals for the Office of Legal Counsel regarding the legal- I thank the majority leader for filing Second Circuit recently ruled that a re- ity of using lethal force against a specific US cloture petitions, and I hope all Sen- dacted version of the al-Awlaki memo can citizen who was an operational leader of an ators will join me to end these filibus- and should be disclosed, largely because enemy force, neither of these concerns justi- much of its reasoning had already been made ters so that these nominees can get fies delaying a vote, or denying Barron a public in the White Paper. Thus, while I fully seat on the First Circuit. working on behalf of the American peo- support the public disclosure of the memo, Any description of Barron as ‘‘an un- ple. redacted to protect sources and methods, abashed proponent of judicial activism’’ is a There being no objection, the mate- every Senator already has full access to the caricature that demonstrates a lack of fa- rial was ordered to be printed in the memo, and therefore can make an informed miliarity with serious debate over constitu- RECORD, as follows: judgment on advice and consent. And the tional issues. What is clear to us is that Bar- [May 12, 2014] public also has a good sense of what it says. ron would decide cases based solely on the Notably, Senators Ron Wyden, Mark Udall, relevant sources of legal authority, including WHY CIVIL LIBERTARIANS AND DRONE CRITICS and Martin Heinrich, all members of the In- binding precedent, and that his political SHOULD SUPPORT DAVID BARRON telligence Committee, wrote a letter to At- views would in no way distort his legal judg- (By David Cole) torney General Eric Holder in November ment. We will have reached a tragic turning Sen. Rand Paul has an op-ed in the New 2013, after reviewing the memo on the killing point if people are disqualified from holding York Times today opposing the nomination of al-Awlaki, and stating their view the kill- judicial office when they have thought deep- of David J. Barron to the U.S. Court of Ap- ing was ‘‘a legitimate use of the authority ly about the issues and expressed their views peals for the First Circuit until the memos granted to the President.’’ They went on to in public. Barron wrote concerning the legality of the urge the administration to be more forth- There is nothing in Barron’s record, or in targeted killing of US citizen Anwar Al- coming about the legal limits on the use of our many years of personal interactions with Awlaki are publically released. The ACLU force against U.S. persons in other cases, be- him, that would lead us to believe that he is has also urged that Barron’s nomination be yond what the memo apparently had sanc- anything other than a straight shooter, thor- delayed until Senators are allowed to read tioned, but did not question the legality of oughly committed to applying rules of law all targeted killing memos written by Bar- the action authorized. dispassionately and unflinchingly, and with- ron. I have been as much a critic of the Sen. Paul’s op-ed notes that the Office of out political consideration. That’s what drones program as Sen. Paul, and have writ- Legal Counsel may have written more than judges should and must do, whatever their ten often about my critiques of both the ap- one memo on targeted killing, which is quite philosophical bent. parent scope of the program and the lack of possible. But the administration has dis- Beyond the fight over judicial philosophy, transparency surrounding it. (See here, here closed to the Senators the full, unredacted Barron’s nomination has encountered resist- & here). I continue to support transparency. versions of any memo authorizing the killing ance because of his authorship of opinions in But it would be a terrible mistake to hold up of Americans, the issue Sen. Paul raises in the Office of Legal Counsel surrounding the David Barron’s nomination over this issue. his op-ed. legality of using lethal force against Anwar First, and most importantly, it is a mis- Finally, holding up Barron’s nomination is al-Awlaki, a US citizen who was killed by a take to conflate the issues of the appoint- unlikely to expedite disclosure of the drone strike in Yemen in 2011. Some have ar- ment of David Barron and disclosure of the memos. It will only undermine the confirma- gued that the Senate should not vote to con- memos. Barron is a highly qualified lawyer tion of someone who would make an excel- firm Barron until its members review the who I know personally to be thoughtful, con- lent judge. The Administration has been or- OLC memos, but that point is now moot be- siderate, open-minded, and brilliant. His con- dered (unanimously) to release the memo, cause the White House has made unredacted firmation would put in place a judge who and will in short order either comply with versions available to every senator. Others will be absolutely vigilant in his protection that order or seek further review. Barron has have argued that the Senate should not vote of civil liberties and his insistence that exec- no control over that decision, and should not until a redacted version of the principal utive power be constrained by the rule of be held hostage to it. Awlaki memo is made public, as a court of law. That long-term value should not be sac- I am second to none in my support for appeals recently held it must be. That is an rificed because of a short-term battle over transparency. And I will continue to fight issue subject to ongoing litigation and of no memos that every Senator already has the for that value on its own terms. But it is a relevance to Barron’s nomination. He left opportunity to review. huge mistake to let our legitimate concerns public service four years ago and has nothing There can be no doubt that Barron would about transparency get in the way of the to do with administration policies on the re- be an excellent independent judge, and would confirmation of a judge who will faithfully lease of sensitive information. In any event, faithfully exercise his authority to protect protect our liberties and hold government it is likely that the memos will be released Americans’ rights and to keep government accountable—especially when the Senate al- in short order: Either the administration honest and constrained. As former judge and ready has been given access to all the infor- will not appeal the court’s ruling, or the rul- now Stanford Law Professor Michael McCon- mation they need to exercise their ‘‘advise ing will be upheld on appeal. Without doubt,

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S2993 holding up Barron’s nomination will not ex- The yeas and nays are mandatory The PRESIDING OFFICER. Without pedite the release of any memo. under the rule. objection, all time is yielded back. We agree it is entirely appropriate for Con- The clerk will call the roll. Pursuant to rule XXII, the Chair lays gress to consider carefully the legal frame- The legislative clerk called the roll. before the Senate the pending cloture work for drone strikes, although we may Mr. DURBIN. I announce that the reach different conclusions on that score. motion, which the clerk will state. Senator from California (Mrs. BOXER), But it would inflict grave harm on the con- The assistant legislative clerk read firmation process and on our ability to re- the Senator from Massachusetts (Mr. as follows: MARKEY), the Senator from West Vir- cruit the best persons to the federal judici- CLOTURE MOTION ginia (Mr. ROCKEFELLER), and the Sen- ary if Barron’s nomination to the First Cir- We, the undersigned Senators, in accord- ator from Vermont (Mr. SANDERS) are cuit were allowed to become collateral dam- ance with the provisions of rule XXII of the age in this debate. The pertinent question necessarily absent. Standing Rules of the Senate, hereby move cannot be whether any senator agrees or dis- Mr. CORNYN. The following Senator to bring to a close debate on the nomination agrees with any particular use of force or is necessarily absent: the Senator from of John Joseph Tuchi, of Arizona, to be with whether the administration should or Arkansas (Mr. BOOZMAN). United States District Judge for the District should not release documents. Barron didn’t The PRESIDING OFFICER. Are there of Arizona. order the strikes or design the legal frame- any other Senators in the Chamber de- Harry Reid, Patrick J. Leahy, Robert work for their authorization. Indeed we do siring to vote? Menendez, Christopher Murphy, Eliza- not know whether he personally agrees with The yeas and nays resulted—yeas 58, beth Warren, Christopher A. Coons, that policy, the wisdom and morality of Angus S. King, Jr., Richard which it was not his job to assess. And he has nays 37, as follows: [Rollcall Vote No. 144 Ex.] Blumenthal, Jeff Merkley, Amy Klo- not advocated, much less ordered, the with- buchar, Dianne Feinstein, Richard J. YEAS—58 holding of any documents. His job as acting Durbin, Tom Udall, Cory A. Booker, head of the Office of Legal Counsel was to Ayotte Graham Murphy Sheldon Whitehouse, Charles E. Schu- provide thorough, accurate, and unvarnished Baldwin Hagan Murray mer, Edward J. Markey. legal opinions to the president and other ex- Begich Harkin Nelson ecutive officials, based on the traditional Bennet Heinrich Pryor The PRESIDING OFFICER. By unan- legal authorities of text, history, and prece- Blumenthal Heitkamp Reed imous consent, the mandatory quorum dent. We have every reason to believe that is Booker Hirono Reid call has been waived. Brown Johnson (SD) precisely what he did, and there is absolutely Schatz The question is, Is it the sense of the Cantwell Kaine Schumer no evidence to the contrary. Cardin King Shaheen Senate that debate on the nomination The nation badly needs the best possible Carper Klobuchar Stabenow of John Joseph Tuchi, of Arizona, to be judges—men and women of integrity, intel- Casey Landrieu ligence, judicial temperament, respect for Chambliss Leahy Tester United States District Judge for the Udall (CO) the rule of law, and an understanding of the Collins Levin District of Arizona, shall be brought to Coons Manchin Udall (NM) a close? role of judges within our legal system. Bar- Walsh ron understands and exemplifies those val- Donnelly McCain The yeas and nays are mandatory Durbin McCaskill Warner ues. He should be released from the destruc- Feinstein Menendez Warren under the rule. tive tangle in which he has become quite Flake Merkley Whitehouse The clerk will call the roll. undeservedly enmeshed and placed on the Franken Mikulski Wyden The assistant legislative clerk called First Circuit Court of Appeals, where he can Gillibrand Murkowski the roll. serve our nation with great distinction. NAYS—37 Mr. DURBIN. I announce that the f Alexander Grassley Portman Senator from Ohio (Mr. BROWN) and the CLOTURE MOTION Barrasso Hatch Risch Senator from West Virginia (Mr. Blunt Heller Roberts The PRESIDING OFFICER. Under Burr Hoeven Rubio ROCKEFELLER) are necessarily absent. the previous order, there will be 2 min- Coats Inhofe Scott Mr. CORNYN. The following Senator Coburn Isakson Sessions is necessarily absent: the Senator from utes of debate prior to a vote on the Cochran Johanns Shelby Arkansas (Mr. BOOZMAN). motion to invoke cloture on the Logan Corker Johnson (WI) Thune Cornyn Kirk The PRESIDING OFFICER. Are there nomination. Toomey Crapo Lee Mr. ISAKSON. Madam President, I Vitter any other Senators in the Chamber de- Cruz McConnell Wicker siring to vote? yield back all time. Enzi Moran The PRESIDING OFFICER. Without Fischer Paul The yeas and nays resulted—yeas 62, nays 35, as follows: objection, all time is yielded back. NOT VOTING—5 [Rollcall Vote No. 145 Ex.] Pursuant to rule XXII, the Chair lays Boozman Markey Sanders before the Senate the pending cloture Boxer Rockefeller YEAS—62 motion, which the clerk will state. The PRESIDING OFFICER. On this Ayotte Hagan Murkowski The legislative clerk read as follows: Baldwin Harkin Murphy vote the yeas are 58, the nays are 37. Begich Hatch CLOTURE MOTION Murray The motion is agreed to. Bennet Heinrich Nelson We, the undersigned Senators, in accord- f Blumenthal Heitkamp Pryor ance with the provisions of rule XXII of the Booker Hirono Reed Standing Rules of the Senate, hereby move EXECUTIVE SESSION Boxer Isakson Reid to bring to a close debate on the nomination Cantwell Johnson (SD) Sanders Cardin Kaine of Steven Paul Logan, of Arizona, to be Schatz Carper King United States District Judge for the District NOMINATION OF STEVEN PAUL Schumer Casey Klobuchar of Arizona. LOGAN TO BE UNITED STATES Chambliss Landrieu Shaheen Harry Reid, Patrick J. Leahy, Robert DISTRICT JUDGE FOR THE DIS- Collins Leahy Stabenow Tester Menendez, Christopher Murphy, Eliza- TRICT OF ARIZONA Coons Levin beth Warren, Cory A. Booker, Chris- Donnelly Manchin Udall (CO) topher A. Coons, Angus S. King, Jr., The PRESIDING OFFICER. The Durbin Markey Udall (NM) Richard Blumenthal, Jeff Merkley, clerk will report the nomination. Feinstein McCain Walsh Warner Amy Klobuchar, Dianne Feinstein, The assistant legislative clerk read Flake McCaskill Franken Menendez Warren Richard J. Durbin, Tom Udall, Sheldon the nomination of Steven Paul Logan, Gillibrand Merkley Whitehouse Whitehouse, Charles E. Schumer, Ed- of Arizona, to be United States District Graham Mikulski Wyden ward J. Markey. Judge for the District of Arizona. NAYS—35 The PRESIDING OFFICER. By unan- CLOTURE MOTION Alexander Cruz Lee imous consent, the mandatory quorum The PRESIDING OFFICER. Under Barrasso Enzi McConnell call has been waived. the previous order, there will be 2 min- Blunt Fischer Moran The question is, Is it the sense of the utes of debate prior to the vote on the Burr Grassley Paul Senate that debate on the nomination Coats Heller Portman motion to invoke cloture on the Tuchi Coburn Hoeven of Steven Paul Logan, of Arizona, to be nomination. Risch Cochran Inhofe Roberts United States District Judge for the Mrs. MURRAY. Madam President, I Corker Johanns Rubio Cornyn Johnson (WI) District of Arizona, shall be brought to ask unanimous consent that all time Scott a close? be yielded back. Crapo Kirk

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S2994 CONGRESSIONAL RECORD — SENATE May 14, 2014 Sessions Thune Vitter [Rollcall Vote No. 146 Ex.] Mr. LEAHY. I yield back all time. Shelby Toomey Wicker YEAS—64 The PRESIDING OFFICER. Without NOT VOTING—3 Ayotte Graham Murkowski objection, all time is yielded back. Boozman Brown Rockefeller Baldwin Hagan Murphy The question is, Will the Senate ad- Barrasso Harkin Murray vise and consent to the nomination of The PRESIDING OFFICER. On this Begich Hatch Nelson Roy K.J. Williams, of Ohio, to be As- vote the yeas are 62, the nays are 35. Bennet Heinrich Pryor sistant Secretary of Commerce for Eco- The motion is agreed to. Blumenthal Heitkamp Reed Booker Hirono Reid nomic Development? Boxer Isakson Sanders The nomination was confirmed. Brown Johnson (SD) f Schatz Cantwell Kaine The PRESIDING OFFICER. Under Schumer Cardin King the previous order, there will be 2 min- Carper Klobuchar Shaheen NOMINATION OF JOHN JOSEPH Stabenow utes of debate prior a vote on the TUCHI TO BE UNITED STATES Casey Landrieu Moreno nomination. Chambliss Leahy Tester DISTRICT JUDGE FOR THE DIS- Collins Levin Udall (CO) Mr. LEAHY. I yield back all time. TRICT OF ARIZONA Coons Manchin Udall (NM) The PRESIDING OFFICER. Without Donnelly Markey Walsh The PRESIDING OFFICER. The objection, all time is yielded back. Durbin McCain Warner The question is, Will the Senate ad- clerk will report the nomination. Feinstein McCaskill Warren vise and consent to the nomination of The bill clerk read the nomination of Flake Menendez Whitehouse Franken Merkley Wyden Carlos Roberto Moreno, of California, John Joseph Tuchi, of Arizona, to be Gillibrand Mikulski to be Ambassador Extraordinary and United States District Judge for the NAYS—34 Plenipotentiary of the United States of District of Arizona. Alexander Grassley Risch America to Belize? Blunt Heller Roberts The nomination was confirmed. f Burr Hoeven Rubio The PRESIDING OFFICER. Under Coats Inhofe Scott Coburn Johanns the previous order, the time until 5:15 CLOTURE MOTION Sessions Cochran Johnson (WI) Shelby p.m. will be equally divided between The PRESIDING OFFICER. Under Corker Kirk Thune the two leaders or their designees. Cornyn Lee Toomey The time from 3 p.m. to 3:45 p.m. will the previous order, there will be 2 min- Crapo McConnell Vitter Cruz Moran be controlled by the Republicans, and utes of debate prior to the vote to in- Wicker voke cloture on the Humetewa nomina- Enzi Paul the time from 3:45 to 4:30 p.m. will be Fischer Portman tion. controlled by the majority. The Senator from Maryland. Without objection, all time is yielded NOT VOTING—2 back. Boozman Rockefeller UNANIMOUS CONSENT REQUEST—S. 357 Mr. CARDIN. Mr. President, as I Pursuant to rule XXII, the Chair lays The PRESIDING OFFICER. On this think my colleagues know, this is Na- before the Senate the pending cloture vote the yeas are 64, the nays are 34. tional Police Week. I know I express motion, which the clerk will state. The motion is agreed to. the sentiment of every Member of this The bill clerk read as follows: f body who wishes to show their appre- CLOTURE MOTION NOMINATION OF DIANE J. ciation for the 900,000 Federal, State, We, the undersigned Senators, in accord- HUMETEWA TO BE UNITED and local law enforcement officers who ance with the provisions of rule XXII of the STATES DISTRICT JUDGE FOR literally put their lives on the line Standing Rules of the Senate, hereby move THE DISTRICT OF ARIZONA every day to keep us safe. We cannot to bring to a close debate on the nomination of Diane J. Humetewa, of Arizona, to be The PRESIDING OFFICER. The thank them enough, but we can help United States District Judge for the District clerk will report the nomination. them by our actions. In 2013 there were of Arizona. The bill clerk read the nomination of 105 who lost their lives in the line of Harry Reid, Patrick J. Leahy, Robert Diane J. Humetewa, of Arizona, to be duty, so obviously this is a matter that Menendez, Christopher Murphy, Eliza- United States District Judge for the requires the attention of the Senate. beth Warren, Christopher A. Coons, District of Arizona. Let me cite the most recent casualty Angus S. King, Jr., Richard in the State of Maryland. On August 28, Blumenthal, Cory A. Booker, Jeff f 2013, Baltimore County police officer Merkley, Amy Klobuchar, Dianne Fein- NOMINATION OF ROY K.J. WIL- Jason Schneider, who was only 36 years stein, Richard J. Durbin, Tom Udall, LIAMS TO BE ASSISTANT SEC- Sheldon Whitehouse, Charles E. Schu- of age, was shot and killed while serv- mer, Edward J. Markey. RETARY OF COMMERCE FOR ing a search warrant at a home on Rob- ECONOMIC DEVELOPMENT erts Avenue in Catonsville at approxi- The PRESIDING OFFICER. By unan- mately 5 o’clock in the morning. Offi- imous consent, the mandatory quorum cer Schneider was part of a tactical call has been waived. NOMINATION OF CARLOS ROBERTO team that had entered the house in The question is, Is it the sense of the MORENO TO BE AMBASSADOR search of a juvenile subject wanted in Senate that debate on the nomination EXTRAORDINARY AND PLENI- relation to a shooting of the previous of Diane J. Humetewa, of Arizona, to POTENTIARY OF THE UNITED week. The entry team encountered four be United States District Judge for the STATES OF AMERICA TO BELIZE subjects inside the house who at- District of Arizona, shall be brought to The PRESIDING OFFICER. Under tempted to flee. Officer Schneider was a close? the previous order, the Senate will pro- pursuing a subject toward the rear of The yeas and nays are mandatory ceed to consideration of the following the house when another subject at- under the rule. nominations, which the clerk will re- tacked him and opened fire, striking The clerk will call the roll. port. him several times. Despite being mor- The bill clerk called the roll. The bill clerk read the nominations tally wounded, Officer Schneider re- Mr. DURBIN. I announce that the of Roy K.J. Williams, of Ohio, to be As- turned fire and killed the subject. Offi- Senator from West Virginia (Mr. sistant Secretary of Commerce for Eco- cer Schneider is survived by his wife ROCKEFELLER) is necessarily absent. nomic Development; and Carlos Ro- and two children. Mr. CORNYN. The following Senator berto Moreno, of California, to be Am- Unfortunately, that story was told is necessarily absent: the Senator from bassador Extraordinary and Pleni- 105 other times in 2013 with law en- Arkansas (Mr. BOOZMAN). potentiary of the United States of forcement officers who lost their lives The PRESIDING OFFICER. (Mr. America to Belize. in the line of duty. COONS). Are there any other Senators The PRESIDING OFFICER. Under I have introduced legislation—S. in the Chamber desiring to vote? the previous order, there will be 2 min- 357—which provides for a national blue The yeas and nays resulted—yeas 64, utes of debate prior to a vote on the alert. I think most Members are famil- nays 34, as follows: Williams nomination. iar with AMBER alerts. It means the

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S2995 rapid dissemination of information to from Delaware, was there, as were law purchase over 1 million vests. It we act help law enforcement. Well, a blue enforcement officers from Delaware. today, this program could help provide alert would deal with an officer who During that hearing we heard from more vests to the law enforcement offi- has been assaulted, attacked, or killed. Officer Ann Carrizales of the Stafford, cers who protect us every day. We Law enforcement will tell us rapid TX, police department. This was some should also pass the National Blue dissemination is the most important of the most powerful testimony I have Alert Act, a bill sponsored by Senators part of law enforcement. So it is criti- heard in my almost 40 years on that CARDIN and GRAHAM that would create cally important that information be committee. a national alert system when an officer made available. She was shot in the face and chest is injured or killed in the line of duty. This is a bipartisan bill. I originally during a routine traffic stop last year. We can put real meaning behind our filed the bill with Senator GRAHAM, and She was saved by her protective vest. rhetoric. These are commonsense bills I appreciate his help. She returned fire and then pursued the and they should be enacted without Senator LEAHY has been a real cham- suspects for 20 miles and ultimately further delay. pion. As chairman of the Judiciary helped a neighboring police jurisdic- Mr. President, as if in legislative ses- Committee, I can’t thank him enough tion apprehend the shooter—a deter- sion, I ask unanimous consent the Sen- for his help with this legislation and mined police officer, former Marine, ate proceed to the consideration of Cal- the work he has done on behalf of law mother, and wife. endar No. 162, S. 933, the Bulletproof enforcement. We also heard from a police chief who Vest Partnership Grant Program Reau- Senator MCCONNELL today in his will be staying here with law enforce- thorization Act of 2013; that the bill be leader time discussed that this week is ment during National Police Week. We read a third time and passed; and that National Police Week and mentioned talked about the Bulletproof Vest the motion to reconsider be laid upon he is a cosponsor of the legislation I Partnership Grant Program, which the table, with no intervening action am referring to and urged that this is Senator Ben Nighthorse Campbell— or debate. the type of bill we need to pass. who served in law enforcement, a Re- The PRESIDING OFFICER. Is there Senator BLUNT is on the floor. I publican from Colorado—and I first in- objection? thank him very much. He has been a troduced, and for decades it has been Mr. COBURN. I object. real leader in regards to law enforce- passed unanimously. It saves lives. It is The PRESIDING OFFICER. The Sen- ment issues and Blue Alert. not a luxury item. ator from Oklahoma. This bill passed with 406 votes in the Last week, I came to the Senate Mr. COBURN. Mr. President, we went House of Representatives. It is a bill floor, seeking to do what this body has through this 10 days ago, and I gave a which provides for smart ways to help done 3 times before, and that is to re- very long and detailed explanation of law enforcement. It is endorsed and authorize the Bulletproof Vest Part- my objections to this bill. I won’t be- supported by a whole host of groups, nership Grant Program. My legislation labor that again. But again, we are at including the Fraternal Order of Po- to renew this life-saving program for the process where we owe $17 trillion, lice, the National Association of Police another 5 years has the support of and we are spending money that we Organizations, the Federal Law En- every Democrat in the Senate. It is don’t have in areas that are far lower forcement Officers Association, the strongly supported by leading law en- in priority than this issue. Concerns of Police Survivors, and the forcement groups, and on a much more I have no objection, and I think, in Sergeants Benevolent Association of personal note, we know that vests pro- terms of bulletproof vests, this is actu- the New York Police Department. The vided by this program have protected ally a great way to protect those who list goes on and on. So we are looking thousands of officers and spared their protect us. But again, as I stated the for a way we can not only express our families and loved ones from unspeak- last time we had this discussion, under appreciation to those in law enforce- able grief. the enumerated powers this is the re- ment but we can tangibly do something Officers like Officer Ann Carrizales. sponsibility of the States and local to help. If her story does not inspire us all to communities. On that basis I object. Mr. President, I ask unanimous con- support brave law enforcement officers The PRESIDING OFFICER. Objec- sent as if in legislative session the Sen- by providing them with the most basic tion is heard. ate proceed to Calendar No. 194, S. 357, protection, then I do not know what Mr. LEAHY. Mr. President, I am the National Blue Alert Act; that the could. She brought with her today al- sorry for that because we will waste bill be read a third time and passed; most 200 letters from her daughter’s el- more money in 1 or 2 weeks in Afghani- and the motion to reconsider be laid ementary school, all calling on the stan and Iraq, than this would cost for upon table, with no intervening action Senate to act. One of the letters I have years—years—to protect American law or debate. is from her daughter MiKayla, talking enforcement, police officers who pro- The PRESIDING OFFICER. Is there about what her mother faced. This was tect us every day. objection? powerful testimony. We ought to allow this matter to The Senator from Oklahoma. Unfortunately, my efforts to pass come to a vote and have everybody Mr. COBURN. Mr. President, per the this important reauthorization were vote yes or no. The Senator from Senate rules I have submitted a letter blocked last week by a Republican Sen- Vermont would vote yes. I know the outlining my reasons for objecting to ator who seems to think that bullet- Senator from Maryland would vote yes, this, besides it not being paid for, and proof vests are a luxury item. Some and I know the distinguished Presiding I object. Republican Senators also believe that Officer from Delaware would vote yes, The PRESIDING OFFICER. Objec- the Federal Government has no role to as would every single Democratic Sen- tion is heard. The Senator from play in assisting local law enforce- ator, and I believe a number of Repub- Vermont. ment. I could not disagree more. We in licans would. Mr. LEAHY. Mr. President, I com- Congress have long supported local law We will give great speeches this week mend the Senator from Maryland who, enforcement because we have a duty to saying we stand with law enforcement. just as he did when he was in the State keep our communities safe. Well, as some say, put up or shut up. legislature and has done every single Today, during National Police Week, Let’s stand with them. Let’s pass this day since he has been in the Senate, Senators who say they stand with law legislation. has been supportive of law enforcement enforcement should demonstrate their I yield the floor. and police officers. I am sorry there support and put real meaning behind The PRESIDING OFFICER. The Sen- was an objection. those words by supporting two impor- ator from Missouri. I spoke earlier to my dear friend, the tant bills. All Senators should support Mr. BLUNT. Mr. President, I wish to Senator from Maryland, Mr. CARDIN. I the passage of S. 933, the Bulletproof say a few words about National Police told him that earlier today I chaired a Vest Partnership Grant Program Reau- Week. I am pleased to be able to co- hearing on the Bulletproof Vest Part- thorization Act of 2013. To date, this chair with the Presiding Officer and nership Grant Program. The distin- program has enabled over 13,000 State the Senator from Delaware Mr. COONS guished Presiding Officer, the Senator and local law enforcement agencies to the Law Enforcement Caucus which we

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S2996 CONGRESSIONAL RECORD — SENATE May 14, 2014 founded when we came to the Senate They might be engaged political to raise capital in order to start inno- together. I am proud to be a cosponsor junkies or maybe they need something vating, because she would need to pay of the National Blue Alert Act that to help them take a nap. Let’s face it; for fast-lane access to have a chance Senator CARDIN talked about, and I the action in this most deliberative for her product to be seen and to suc- would like to see that done. I think we body can sometimes feel a little slow. ceed. Only those with access to deep can do things to provide more safety Now imagine just a few companies pockets would develop anything new. and security for local police officers as deciding that C–SPAN.org will be put Imagine the stifling of creativity if we have done for the fire grants, all into a slow lane; that the public inter- startups need massive amounts of those things that followed 911. est content streamed out to the world money even to innovate. So consider As I was listening, I was thinking will be sent out at an even more delib- an app developer or creator of a new about how much we benefit every day erative pace, while kitten videos will product in Boston or throughout the from the Capitol Police. We walk by get priority. country. How will she reach potential them in their positions securing these When people talk about net neu- customers and viewers if her Web site buildings and standing in the way of trality, that is what we are talking is stuck on a gravel path while those harm, and we often forget they are about. Instead of open and free Inter- with access to capital whiz by on the there for that purpose. When others are net where the billions of clicks and interstate as they flash their Internet able to look for a safer place to be, our links made by customers and entre- E-ZPass? She won’t reach her cus- police officers run to where the danger preneurs in their living rooms and ga- tomers; only those with money will. is. They stand between us and that rages determine who wins and loses, it If you don’t believe me, consider the danger. will be just a few companies in a few more than 100 tech companies—includ- In the time I have been here, two of corporate boardrooms deciding who ing Amazon, Microsoft, Google, Yahoo, our Capitol police officers have been gets into the express lane and who falls and Twitter—that characterize killed in the building on duty, one just behind in a traffic jam. broadband providers imposing tolls on a few feet away from where my office We need a truly open Internet be- Internet companies as a ‘‘grave threat would be in the next Congress. They cause an open Internet has become the to the Internet.’’ Consider the 50 ven- were there for us. I remember on 9/11 world’s greatest platform for innova- ture capitalists who wrote to Chairman leaving the building with every reason tion, job creation, and economic Wheeler last week and said that with to believe this building could be and growth. An open Internet enables free- paid prioritization, ‘‘an individual in a perhaps was going to be an immediate dom of expression and the sharing of dorm room or design studio will not be target to our enemies attacking us ideas across town or around the world. able to experiment out loud on the that day. I remember walking out of An open Internet is driving economic Internet. The result will be greater the building as the Capitol Police were growth in Massachusetts and through- conformity, fewer surprises, and less insisting we get out of the building and out the United States. innovation.’’ Less disruption—less cre- looking over my shoulder and seeing Openness is the Internet’s heart, non- ation of the next big idea. That would they were all still in the building. discrimination is its soul, and any in- be the end of the Internet as we know So whether it is the police we see fringements on either of these features it today. daily here, the police who serve us in undermine the intent of net neutrality. Unfortunately, I have seen this fight before. In 2006, when the open Internet our communities, or the families who The vitality of this free platform is was under attack, I introduced the first send their loved ones into harm’s way at stake today because right now our net neutrality bill in the House of Rep- every day, this is an important time to Internet regulators at the FCC are de- resentatives. Today our battle to pre- recognize that service, but also it termining how they will use its author- serve an open and free Internet wages ity to keep the Internet open for busi- should be an important time to think on. That is why last week I joined with ness. about what we could do about it. 10 of my Senate colleagues to urge The National Blue Alert bill doesn’t When the FCC first unveiled its new Chairman Wheeler to rethink paid Open Internet proposal a few weeks mandate that States create a system. prioritization and to insist that he ex- ago, the Commission contemplated It simply provides that States could plore all options, including reclassi- whether to allow paid prioritization. have access to a system which would fying broadband as a telecommuni- create an alert system so that when Under these proposed Internet rules of cations service. someone has harmed a police officer, the road, fast lanes could open to those We need to put on the books the we make a maximum and immediate who can pay, leaving others stuck in strongest open Internet rules as pos- effort to see that person is apprehended traffic. The result: Consumers could be sible, and if title II reclassification is and eventually be called to pay the stuck in an online provider pileup when the most effective way to accomplish penalty for what they have done. a broadband provider decides to slow this goal, that is what the FCC should We benefit from these people who down a streaming of Netflix’s House of do because then it would be treated as again run to where the danger is, who Cards or bring a high-speed Yahoo a common carrier service. That is how stand between us and that which cre- search to a crawl or block a free online we treat traditional phone service. ates danger for us as citizens. Whether call to a friend abroad. But the worry That, in fact, is what the Internet has trying to go to the local grocery store, goes far beyond simply slowing down become in the 21st century. You cannot the local shopping center or the school the videos we watch on YouTube. live without it. We have to treat it as play, there is somebody in that com- Without a truly open Internet, such. To be connected in the 21st cen- munity whose job it is to make it a startups and small businesses would tury, you need Internet access. That is safer place than it would otherwise be. suffer, slowing our economy and job why, if needed—and it just might be— I am pleased to have had a chance to growth throughout Massachusetts and title II will have to be the way to go. work with the Presiding Officer on so around the country. No one should As one of the primary authors of the many issues. During National Police have to ask permission to innovate. 1996 Telecommunications Act—a bill Week, I rise with and on behalf of all of But with fast and slow lanes, that is that unleashed competition and cre- our colleagues to say thank you for precisely what an entrepreneur will ated hundreds of millions of dollars in those who stand to defend and protect need to do. private investment—I know the FCC us here. Right now the essence of the Internet has both the power and the responsi- I yield the floor. is to innovate and test new ideas first. bility to oversee the operation of The PRESIDING OFFICER. The Sen- If an idea then takes off, the creator broadband networks and intervene in ator from Massachusetts. can attract capital and expand. The its efforts to preserve competition and NET NEUTRALITY Internet today is a level playing field safeguard consumers. It is time for the Mr. MARKEY. Mr. President, I rise where the competition for the best in FCC to use that power to protect the to speak on the issue of net neutrality. technology and ideas thrives. tremendous potential of the Internet. Right now there are people who are Creating Internet fast and slow lanes The Internet is a vital tool that helps watching the floor of the Senate would flip this process on its head. In- businesses compete and expand, pump- streaming live on C–SPAN.org. stead, an entrepreneur would first need ing life into our economy. Again, after

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S2997 the 1996 act, $1 trillion of private sector This report found there were 193 ate Democratic immigration bill— investment went into developing new homicide-type convictions, 1,153 sexual which was supported by a small num- companies online, into expanding the offenders, 303 kidnapping convictions, ber of Republicans, but it is over- Internet. Why? The government acted and 1,075 aggravated assault convic- whelmingly a Democratic bill—would to make sure there was a level playing tions. These are serious crimes. If you increase unemployment while reducing field in the 1996 act and then got out of will recall, these criminals are the only wages. It would increase unemploy- the way and watched the competition group this administration says they ment while reducing wages of Amer- flourish in this chaotic new world of are the deporting. They don’t deny ican workers for the next 12 years, and broadband. There was no YouTube. that they are not deporting others who it will reduce the per person wealth or There was no Google or Amazon. There violate our immigration laws. They GNP for the next 17 years. was no Twitter. There was no promised they are faithfully removing If we bring in 30 million people over Facebook. It didn’t exist. It could have people who commit crimes unrelated to the next 10 years—as this bill would existed before then but not if we didn’t immigration. This report proves that do—it will triple the number that nor- have a flourishing Internet that was claim not to be so. mally would be given legal status in wide open for competition and invest- These dangerous offenders should be America. It will bring down the per ment from the private sector. kept in custody. They should not be re- person wealth and it will bring down That is why this decision by the Fed- leased into the general population. We wages. Surely the U.S. Chamber of eral Communications Commission is so had a study of such releases several Commerce understands the free mar- important. It is understanding the very years ago. The statistics showed that ket, do they not? Surely Senator REID nature of this new communications when a person who entered the country understands that, does he not? job-creating revolution that we have illegally was released on bail, they We were on a conference call yester- here. We must fight to protect it. didn’t show up for court. If they are day regarding the American steel in- I thank you, Mr. President, for allow- willing to enter the country illegally dustry. A large amount of steel is being ing me this time, and I yield back. and a judge has them set for trial and dumped into America. What is the im- The PRESIDING OFFICER. The Sen- he releases them on bail, we then have pact of that? What is the concern? If ator from Wyoming. an incredibly high number who don’t we bring in more steel, there will be (The remarks of Mr. BARRASSO per- show up for trial. This was called catch lower prices for steel. If we bring in taining to the introduction of S. 2339 and release and was roundly criticized. more cotton, there will be lower prices are printed in today’s RECORD under This is now being done with immi- for cotton. If we bring in more labor, it ‘‘Statements on Introduced Bills and grants who have serious criminal will result in lower wages for American Joint Resolutions.’’) charges and convictions. workers. Mr. BARRASSO. Thank you, Mr. Do you know what else is extreme? CBO told us that. There is no dispute President. I yield the floor. Extreme is trying to pass an immigra- about it. Yet we have Senators who The PRESIDING OFFICER. The Sen- tion bill that would double the flow of come to the floor and repeatedly say ator from Alabama. guest workers into our country and tri- this is going to increase wages. Give Mr. SESSIONS. I would like to thank ple the number of new permanent resi- me a break. You can’t just say some- Senator BARRASSO for his leadership on dents when 50 million working-age thing and think it is going to make it this issue. As a longtime practicing Americans are out of work. We have a reality when it is the opposite of re- physician before he came to the Sen- very serious unemployment problem. Is ality. ate, he has provided great leadership no one concerned about that? Under current law, we are admitting and expertise and is able to evaluate It is not xenophobic, but it is com- more than 600,000 guest workers each and comment so wisely on the impor- passionate to say we should focus our year. Guest workers come to America tant issue of health care. attention on struggling and hurting not to be citizens but just to take jobs I thank the Senator. American workers. It is not that someone contends we don’t have IMMIGRATION xenophobic. It is our patriotic duty to enough workers. We grant permanent Today, Majority Leader REID—the defend the integrity of our borders and residence to 1 million immigrants each leader of the Democratic majority of enforce the long-established laws of the year and perhaps ultimately become the Senate—and Senator CHUCK SCHU- United States. It is the oath we all citizens. That is the current law. Right MER came to the Senate floor to de- took as Senators to defend the Con- now wages are falling and it is serious, mand that the House of Representa- stitution of the United States. It is the but this is the law that has been estab- tives pass their immigration bill. They oath the chief law enforcement officer, lished and that is what the nation has labeled Republicans as extremists for President Obama, took. We have a duty agreed to. not giving in to their demands. And to defend our citizens and our people at The bill Senator REID maneuvered they are correct about one thing: The a time when they are struggling finan- through this Senate would admit more House is not giving in. cially. There is just no doubt about it. than 1.2 million guest workers each At this point in time, the House is re- There was one group of people not year, thereby doubling the number of fusing to yield to the pressure of spe- referenced when Majority Leader REID guest workers, and it will give perma- cial interest groups and political lob- and Senator SCHUMER talked earlier nent residency to 30 million immi- byists and Senate Democrats to pass a this morning. Do you know what group grants over the next 10 years and that bill that would be bad for America. It it was? Completely omitted from the is triple the normal rate. just will be bad for America. So I think conversation was the American work- Research from Harvard professor Dr. once again the special interests will er. The American worker is not being George Borjas—perhaps the most pre- lose and the voice of the American peo- discussed by amnesty supporters in eminent student of labor, wages, and ple will be heard. this debate. We know the U.S. Chamber immigration in America—shows that Senator SCHUMER said Republicans of Commerce’s view. They would like American workers lose more than $400 are xenophobes because they won’t more workers creating slack labor billion in wages each year due to com- pass his plan. Let’s talk about what is markets and lower wages. We know petition from low-cost workers from extreme. A new report just out re- certain special interest groups want abroad. That is $400 billion in wages vealed that this administration has re- more immigration. We know certain each year—not million but billion. leased 36,000 criminal aliens from ICE politicians think this will be good for Dr. Borjas’s research also shows that detention. Our Immigration and Cus- them politically. from 1980 to 2000—he did an empirical toms Enforcement officers receive According to the Congressional Budg- study using the census, the Depart- them as prisoners from a State or Fed- et Office—our own professional team ment of Labor, and other official eral penitentiary where they have been that is selected in a nonpartisan way data—wages declined 7.4 percent for convicted of some criminal offense un- and gives us advice on the ramifica- lower skilled working Americans. related to immigration, usually in a tions of legislation we pass—has looked These are the people who go out and State court. 36,000 are now being re- at the Reid-Schumer bill that passed work every day. These are not people leased into the general population. the Senate. According to CBO, the Sen- who have a college degree. I am talking

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S2998 CONGRESSIONAL RECORD — SENATE May 14, 2014 about the working people in this coun- A number of Senators have com- apply for just a few jobs. Does he have try. Their wages declined from 1980 to plained on the floor of the Senate that any interest, first of all, in promoting 2000 by 7.4 percent as a result of this the tech industries can’t find qualified sound national goals? Our goal as pol- very large flow of legal and illegal im- Americans. We have all heard that icymakers for the United States of migration. charge. I sort of accepted it at first, America should be to say: Wait a There is no doubt—and my colleagues but in fact the data shows something minute. You have jobs at your manu- have to understand this—a vote for the different and it is rather surprising. In facturing plant and we have to get un- Reid-Schumer immigration bill is a fact, we have twice as many STEM employed people ready to take them. vote to lower the wages of American graduates each year as there are STEM Americans are on welfare and on de- workers. Not only that, it will make it jobs—science, technology, engineering, pendency who need to go to work. Give harder for Americans to get a job, pe- and mathematics. us a chance to get our people into riod. It appears the people who are hurt Here is a recent paper by Professor those jobs first before we start bringing worst by the Democratic immigration Hal Salzman from Rutgers University. in more foreign workers to take a lim- policies are young Americans, low-in- He carefully analyzed data from the ited number of jobs. come Americans, and minority work- Department of Education and the De- From 2000 to 2013, the grim fact is ers. partment of Labor. He concluded that that all net job gains went to immi- According to Dr. Borjas’s studies— we first need to get accurate data to grant workers. Can you imagine that? and others—minority workers are par- truly inform policy decisions. If we are That is what the numbers show. Under ticularly damaged by high levels of im- going to make a policy decision about the Democratic plan, this bill, if it migration. This includes Hispanics who how large our immigration flow should were to pass the House, job decline will have lawfully come to America. They be—not to end it but how large it accelerate. are trying to get started so they can should be—shouldn’t we have good From 2000 to 2013, the number of make their way up. They would like to data? working-age Americans increased by 16 have a pay raise, but their wages are He says: million. Yet the jobs for American also being pulled down by an extraor- The first data to consider is the broad no- workers—the number of American dinary, unjustified flow of labor that tion of a supply crisis in which the United workers actually working—fell by 1.3 the economy can’t absorb effectively. States does not produce enough STEM grad- million. That is why the unemploy- We don’t have jobs for them now. That uates to meet industry demand. In fact, the ment rate and the workforce dropout is the problem. nation graduates more than two times as rate is so high. I don’t dislike people who want to many STEM students each year as find jobs But during that same period, 2000 to in STEM fields. For the 180,000 or so annual come here. I know most of them are 2013, the number of working-age immi- good people who would like to advance openings, U.S. Colleges and Universities sup- grants increased by 8.8 million while themselves. But, as Senators we have a ply 500,000 graduates. 5.3 million immigrants got jobs. So all responsibility to the citizens of our They supply more than twice the the jobs created during this period of country and we need to ask: Is this number of graduates as we have jobs time have been, in effect, mathemati- good for America? Can we absorb this for now, so I am a little dubious about cally speaking, taken by foreign work- number of people and maintain decent these big business types claiming they ers. Is this healthy? Isn’t this one of wages or are we in a long term trend can’t get enough people. the reasons why people are having a that will allow lower and middle-in- What about IT specifically? We hear hard time today? come workers’ wages to continue to some of our Silicon Valley executives There are 50 million working-age erode? I think it is a serious issue that promoting any kind of immigration as Americans who are not working today. we need to be honest about and I hope long as they get more IT workers. Wages are lower today than they were we will do so. Young and low-income Mr. Salzman says: in 1999. Median household incomes, ad- Americans are also hurt. The only clear impact of the large IT guest justed for inflation, have dropped near- Senator SCHUMER says we should do worker inflows over this decade can be seen the bidding of the U.S. Chamber of in salary levels, which have remained at ly $2,300 since 2009. We have the small- Commerce—buddying up with them their late-1990s levels and which dampens in- est workforce participation in 36 years. now. He says there is a hijacking out centives for domestic students to pursue So I say to Mr. REID and Mr. SCHU- STEM degrees. MER, I am glad to talk about this issue. here, but it seems Mr. SCHUMER’s party has been the one that has been hi- Did you know that? IT graduates’ I am glad to talk about immigration, jacked by special interests, and they salaries are stuck at 1990 levels. It is but we are going to talk about what is have lost sight of whom they claim to causing students in college to wonder if in the interests of the American peo- represent—working Americans. That is this is such a great field to go into. In ple. We are not going to talk about my charge and that is what I say. fact, the author says there are other your politics and your ideology and We have a generous immigration pol- fields that do better. If that is true, your special interests. We are going to icy, and we need to make sure it is en- does that change Senator REID’s view talk about what is good for America forced correctly and lawfully carried of the legislation he jammed through and what is good for America is to get out. That is what the American people the Senate and he is so proud of and he more of our unemployed working, to have asked of us. They have demanded is demanding the House pass? If that is get wages going up rather than down. I this from us. They want a lawful sys- true, if Mr. Salzman is correct, will am not surprised they didn’t talk tem that we can be proud of and treats Senator REID change his mind? about workers and wages in their re- people fairly, where a person fills out Then he goes on to say—and I agree marks when they demeaned people who an application and lays out their quali- with this line. He is talking about all disagree with them and who oppose fications. Those qualifications are then STEM graduates now: their great bill they drafted that will evaluated on an objective basis, and If there is a [talent] shortage, where are not work. the best qualified person, the one who the market indicators (namely wage in- We are not going to be scared off. We is most deserving, is then admitted to creases) . . . ? are not going to be intimidated into the country. What is wrong with that? So Mr. Donohue and friends at the handing over control of our immigra- That is what Canada does. That is what U.S. Chamber of Commerce who believe tion laws to a small group of special in- the UK does. That is what Australia in the free market: Why are wages terests who are meeting in politicians’ does. There is nothing wrong with such down if we have a shortage of workers? offices and maybe promising support. I a policy. That is what we should be Why aren’t wages going up? feel strongly about this. I don’t feel doing. Another businessman said recently: there is anything wrong, morally or We should decide how many people There are 600,000 jobs in manufacturing public policy-wise, to say we need to the country can absorb and in what going unfilled today. This immigration bill have a lawful system of immigration wage categories before we admit huge can go a long way toward helping us fill we can be proud of. That is what the numbers of people and certainly before these positions. American people have asked of us for we double the number we presently Well, great Scott. I have seen in- over 30 years and Congress refuses to bring in. stances where thousands of people give. Congress is not listening to the

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S2999 people. And we can do it. It is possible. senior officials with the Phoenix VA This situation cannot go on. In Phoe- I have been in law enforcement almost have been placed on administrative nix and around Arizona people are con- as long as I have been in the Senate. I leave. cerned. We are receiving a record num- know this can be done, if we have a At a recent hearing in the Senate ber of calls to our office from veterans leader who wants to see it done. But if Veterans’ Affairs Committee, after who are concerned who want to tell the President doesn’t want to enforce cautioning that there should be no their story of the care they are receiv- the law and says he is only going to en- ‘‘rush to judgment,’’ a senior VA offi- ing or not receiving on a timely basis. force it against people who commit se- cial indicated that after a preliminary This is something we cannot coun- rious crimes, and we now find out even review they found no evidence of a ‘‘se- tenance in our oversight responsibil- those criminals aren’t deported when cret list.’’ ities here in Congress. they are caught, then I think we have Nothing would make me happier than I yield the floor and suggest the ab- a deep problem. I think we can do bet- to believe the allegations that were sence of a quorum. ter. leveled were just as a result of sour The PRESIDING OFFICER. The Let’s don’t go down this road of push- grapes from some unhappy current or clerk will call the roll. ing, pushing, pushing, just pass a bill, former employees. But, sadly, similar The assistant legislative clerk pro- any bill—oh, we have to do it fast. allegations surrounding delayed care ceeded to call the roll. That has been the message all along. have also surfaced elsewhere in the Mr. HATCH. Mr. President, I ask We have to ram it through, but this country. unanimous consent that the order for thing has been out there in the public Just this week, CNN has reported the quorum call be rescinded. now for a long time. The mackerel has that two VA officials in North Carolina The PRESIDING OFFICER. Without been in the sunshine for a long time have been placed on administrative objection, it is so ordered. and it doesn’t smell so good when it is leave because of ‘‘inappropriate sched- EXPIRE ACT examined, and the American people are uling.’’ CNN also reports that a sched- Mr. HATCH. Mr. President, today the not prepared to eat it and they uler at a VA facility in San Antonio Senate will begin consideration of the suggested there had been some ‘‘cook- shouldn’t. Expiring Provisions Improvement, Re- I thank the Chair and the Senate for ing [of] the books’’ there to hide form, and Efficiency Act, otherwise giving me a chance to express these lengthy wait times. known as the EXPIRE Act. This legis- Will it be any surprise if more VA concerns. I believe we need to put lation has, so far, moved forward in a health care facilities share these American interests first, and when we cooperative, bipartisan fashion, and I issues? We have all heard about the do we will draft an immigration bill am hoping that spirit will continue backlog of more than 300,000 claims that is far different from the one being here on the floor. made by veterans to the Department of It seems that the new norm for tax promoted today. Veterans Affairs. This backlog has re- I yield the floor and note the absence policy around here is conducting this sulted in a wait time for compensation of a quorum. ritual where tax provisions expire, we for disability claims that reportedly The PRESIDING OFFICER. The wait until the following year to decide averages a dismal 5 months. clerk will call the roll. The wars in Iraq and Afghanistan which ones to extend, and then we fi- The assistant legislative clerk pro- have resulted in greater numbers of nally enact them into law for 1 retro- ceeded to call the roll. veterans seeking treatment in VA fa- active year and 1 prospective year. Mr. FLAKE. Mr. President, I ask When that happens, half of the ben- cilities. As more and more servicemem- unanimous consent that the order for bers leave the Armed Forces, these efit is more of a windfall rather than the quorum call be rescinded. numbers are sure to increase. an incentive. And, needless to say, this The PRESIDING OFFICER. Without Clearly, the VA is having a hard time process causes great uncertainty when objection, it is so ordered. providing adequate and timely care to businesses and individuals try to man- VA HEALTH CARE veterans. This is and should be a na- age their taxes and budgets. Mr. FLAKE. Mr. President, I rise tionwide concern. I am not casting blame on anyone for today to speak about the unfortunate While backlogs are one thing, efforts this flawed methodology. Indeed, both allegations of mismanagement and ne- to obscure or hide them is something parties share responsibility for how the glect that have been leveled against else entirely, and a disturbing pattern tax extenders process has devolved over the Phoenix VA health care system. of allegations to that end are coming the years. I think the American people By now we have all seen the head- into focus. deserve better. lines highlighting unsettling allega- What is alleged to have gone on just I share the view of many on both tions that veterans may be dying while in the Phoenix VA system demands an sides of the aisle—including both chair- awaiting care in Phoenix. These revela- honest, independent, and timely inves- men of the tax-writing committees— tions have come to light after whistle- tigation. If these allegations are con- that comprehensive tax reform will be blowers in Arizona have suggested that firmed, anyone behind an effort to necessary to ensure long-term growth Phoenix VA officials were manipu- cover up these wait times or interfere and prosperity in our economy. When lating appointment requests and wait- with the truth coming out needs to be it comes to tax policy, that type of re- ing lists. held accountable. Heads should roll. form should be our ultimate goal. Recent reports suggest that some Veterans and families impacted by any Hopefully, if we can reform our Na- veterans may have been placed on an sort of neglect and mismanagement in tion’s Tax Code, this process of extend- unofficial waiting list outside of the the Phoenix VA system deserve noth- ing certain provisions over and over VA’s official electronic waiting list, ing less. will come to an end. However, I am not which exists to calculate how long a In addition, an apparent pattern of naive. veteran has to wait for care. similar problems around the country Fundamental tax reform is unlikely The alleged reason for the existence would suggest that Congress needs to to take place in the immediate future. of this secret—or unofficial—list was to ensure that its own role in substantive, That being the case, Congress needs to keep officially reported wait times rigorous, and effective oversight has work to address the tax relief provi- down and to disguise longer actual not been blatantly ignored. sions that expired last year or will ex- waiting times. This apparently would VA Secretary Eric Shinseki will be pire by the end of this year, and we help the Phoenix VA save face and re- testifying before the Senate Com- need to do so in a timely fashion. flect more positively on the VA’s sys- mittee on Veterans’ Affairs later this The EXPIRE Act should serve as a tem as a whole. As a result, as many as week to answer questions about the starting point for temporarily resolv- 1,400 veterans’ actual wait times may ‘‘state of veterans health care.’’ Given ing the expired and expiring tax provi- have been significantly longer than what appear to be pervasive failures at sions. The Senate Finance Committee what was reported by Phoenix VA offi- a growing number of VA health care fa- voted to report the EXPIRE Act on cials. cilities, he will have more than a few April 3, 2014. It passed through the Now the VA’s inspector general’s of- questions to answer. I look forward to committee by a voice vote. Not every fice has launched an investigation, and the results from that hearing. member supported the final bill, but

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S3000 CONGRESSIONAL RECORD — SENATE May 14, 2014 the committee process was, from the cluded in this package that are impor- bill by helping to grow our economy outset, constructive and inclusive and tant to other States. My hope is that and to create jobs. I have a number of allowed for the full participation of the floor debate on this extenders amendments I would like to offer my- both Democrats and Republicans. I package will resemble the debate we self. Over the next few days I will be on give the distinguished chairman a lot had in the Finance Committee. That the floor to talk about some of them. of credit for that. means a fair and transparent process Let’s have a floor debate that is wor- I have to commend Chairman WYDEN, and an opportunity for Senators to thy of the Senate. This is not some who conducted a fair and open debate offer amendments. itty-bitty bill. This is a very important on tax extenders during the Finance The Senate is supposed to be the bill. It can set the trend for tax reform Committee markup. His approach was greatest deliberative body in the world. that should come in the future. a prime example of how the Finance Sadly, it is difficult to call it that Let’s allow Members of both parties Committee is supposed to operate and, these days unless one is being sar- to offer amendments and have votes on in my view, it should serve as a model castic. I have been pretty sarcastic those amendments. Let’s show the for all of the Senate committees in how about it. A number of my colleagues, American people that Senators know they should consider legislation in led of course by our distinguished mi- how to work together to solve prob- their various jurisdictions. nority leader, have come to the floor in lems for American businesses and for The process reminds me of a histor- recent months to talk about the deg- our citizens. Too often the Senate de- ical analogy with respect to the chair- radation of Senate rules and procedure volves into yet another partisan side- man’s home State of Oregon. Everyone that has taken place under the current show where politics are placed above knows about the Oregon Trail. Thou- majority. They have done so with good progress. sands of pioneers started in Independ- reason. As I said, it does not have to be this ence, MO, and traveled to Independ- On bill after bill the process is the way. Once again, I am pleased I have ence, OR. They used covered wagons. In same. The majority leader brings a bill had this opportunity to work with my fact, the covered wagon is part of Or- to the floor, immediately files cloture, colleague Chairman WYDEN egon’s State seal. The pioneers fol- even though there is no desire to fili- to move lowed the ruts that previous wagons buster on our side, accuses the Repub- the EXPIRE Act forward. He has done had cut. licans of filibustering, fills the amend- a very good job. He deserves a lot of Like those pioneers, the chairman ment tree, and blocks consideration of credit for it. He does not deserve hav- has taken this tax extenders wagon, any and all amendments. ing that work stymied because people following the bipartisan, inclusive ruts There is a time to fill the procedural do not have a chance to offer amend- of the legislative trails charted by pre- tree, but that is only after full and fair ments on the floor of the Senate. vious chairmen of the Finance Com- debate and when it has carried on too My only hope is, now that the bill is mittee. I hope we can stay on this trail long and the leader finally decides we on the floor, the Senate Democratic now that the bill is on the floor. have to bring this to a close. But all leadership will follow his example and In the end, of the 55 or so tax extend- too often, every time we turn around, allow for a full and fair debate of this ers considered by the Finance Com- the leader has brought the bill to the legislation. To be honest with you, I do mittee, only two were not extended. floor, filed cloture, as though we are not know what they are afraid of. Yes, Personally, I would have preferred see- filibustering when we are not, and then there may be some amendments that ing a smaller number of extended pro- fills the parliamentary tree so we can- are tough to vote on, but that is part of visions, continuing the process we not have amendments. the process. It is part of what makes started in 2012 of reducing the number Of course, those steps are usually the Senate, when it functions right, of tax extenders. preceded by a short-circuited com- the great body it can be. But, in the end, the final product rep- mittee process, wherein committee I understand the majority leader resented the consensus views of the consideration of the bill is either sig- wanting to preserve his side in the up- committee, and I have been very nificantly abbreviated or passed en- coming election. I think our minority pleased to work with Chairman WYDEN tirely. This is not how the Senate is leader wants to preserve his side and in the process. supposed to operate. With this bill we maybe add to it in the upcoming elec- As I said during the markup on the have a chance to do things differently. tion. I understand these are important EXPIRE Act, as the committee has As I have mentioned, the EXPIRE considerations, but the rights of Sen- considered these extenders package, Act has already had full and fair con- ators on both sides are to be considered Chairman WYDEN and I have worn two sideration in the Finance Committee. here and ought to be given not just hats. We have represented the interests The bill was drafted in consultation consideration but given the respect the of our respective States and we have with all of the members of the com- Senate should give to each and every also been brokers of the diverse inter- mittee. I was one who helped make Member of the Senate. ests of all of the members of the com- sure that happened. When we held a I have to say I am very disappointed mittee. That has meant compromise. markup, all Senators were allowed to in what is going on around here. I am Compromise has meant some outcomes offer amendments and receive votes on not the only one. Virtually everybody that were likely not optimal from at those amendments. Why not continue is. I know some are disappointed on the least one of our perspectives. that process, as we have in the past, on Democratic side as well. With the bill coming to the floor, we the almighty floor of the Senate. are wearing a third hat, respecting the It is ridiculous the way the minority One of the problems is that a high interests of our respective caucuses. is being treated, and I think even the percentage of the Democratic side, Needless to say, this can be difficult, majority Senators are being mistreated they have never been in the minority. but it is what we have to do. When we with the way this outfit is being run They do not know what it is like to dive into the list of these expiring tax right now. While I am satisfied with have to fight for everything you can provisions, we can easily see that this the way the Finance Committee han- possibly get, but they are going to be package touches upon many facets of dled the tax extenders package, the there someday, whether it is this elec- our economy from housing to energy vast majority of Senators do not serve tion or some election in the future. and from startups to larger corpora- on the Finance Committee. That being They are going to realize, for the first tions that are important to so many the case, most Senators have not had a time, that you do not break the rules industries and important in each and chance to fully debate these tax provi- to amend the rules. Those rules are im- every State. sions or even offer amendments of their portant. I am glad to see the research and de- own, which they ought to have the Frankly, they are going to realize velopment tax credit, which is so im- right to do. this should continue to be the greatest portant to businesses in my home They deserve that opportunity. I ex- deliberative body in the world. Unfor- State of Utah, included in the bill re- pect a number of my colleagues, par- tunately, right now it is not. It is not ported out of the Finance Committee. I ticularly on the Republican side, have because of the leadership we have in know there are other provisions in- amendments that would improve this this body. We have to make those

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S3001 changes. This is a bill to start on be- out of poverty. Minimum wage workers respect as men. Policies such as these— cause this is a bill that I think every- have not received a wage increase in 7 minimum wage, equal pay, and the Af- body is interested in. It is a very im- years. This is bad for women and it fordable Care Act—provide a measure portant bill. It is a bill that has been does not reflect America’s value. CEOs of equality, better security, and some labored on in the Finance Committee got raises, managers got raises, but the basic respect. Republicans want to for quite a long time. women who cook and clean and care for block or repeal all three. Women are It has taken years to get to this our children are still stuck at the same not asking for special deals. They just point. Certainly at markup it made a $7.25 an hour they earned 7 years ago. want a fair shot at building lives for lot of sense. Do I support everything in We could change this. If Congress themselves and their families. this bill? No. There are some things I would pass a bill to raise the minimum The women of the Senate, the Demo- do not think should be in there. On the wage to $10.10 an hour, more than 15 cratic women of the Senate, are ready other hand, there were some sincere million women and their families to fight the Republicans to make sure colleagues who felt they should be in would have more economic security, women across this country have their there. They were able to prevail. I re- but Republicans have blocked this bill. fair shot. spect that. We ought to respect both They say they care about women, but I thank Senator MURRAY for her lead- sides. Unfortunately, I think our side is they will not help the women who earn ership in fighting for real economic being disrespected the way the Senate minimum wage or consider equal pay equality for women. is being handled today. It is time to for equal work. I cannot believe I am I yield the floor. stop it. This is a bill to stop it on. This saying this in 2014, but women still The PRESIDING OFFICER. The Sen- is the type of bill that both sides have earn, on average, only 77 cents to the ator from Washington. to take great interest in. This is a bill dollar what their male colleagues earn. Mrs. MURRAY. I thank the Senator where we can set the tone for tax re- Bloomberg analyzed the census data to from Massachusetts again for all of her form in the future. find that in 99.6 percent of jobs, women extremely hard and important work to I think it is time to wake up around get paid less than men. That is not an expand economic opportunity and secu- here and start letting the Senate oper- accident. That is discrimination. rity for women and their families. ate as the Senate should operate, as Today, if a woman wonders if she is She has been an extremely important the greatest deliberative body in the being paid the same as the guys are voice in this debate, and I am delighted world. getting, she can, in some jobs, get fired she is joining us today. I yield the floor. just for asking. This is bad for women Yesterday I held a hearing on this The PRESIDING OFFICER. The Sen- and it does not reflect America’s val- topic in the Senate Budget Committee. ator from Washington. ues. We could change this by passing We invited a working mother, whose Mrs. MURRAY. Mr. President, I ask Senator BARB MIKULSKI’s Paycheck name was AnnMarie Duchon, to testify to speak as in morning business. Fairness Act, a law that would make about some of the challenges that she The PRESIDING OFFICER. Without sure women do not get fired just for had faced. AnnMarie told us that she objection, it is so ordered. asking what the guy down the hall is loves her job at the University of Mas- WOMEN’S ECONOMICS getting paid, but Republicans have sachusetts-Amherst, but since the day Mrs. MURRAY. Mr. President, first blocked this bill. They say they care that she started, she made a lower sal- of all, I wish to thank my colleague about women but will not help the ary than her male counterpart who was Senator WARREN, who is joining me on women who do the same work as a man doing the exact same job. They had the the floor. We are here together to talk but get paid less. exact same responsibilities. Both of about a question that could not be Consider health care. Before the Af- them had taken a pay cut to accept more critical to family budgets and to fordable Care Act was passed in 2009, that job, and they both graduated from our economy as a whole; that is, what some insurance companies charged the same university in the same year. can we do to break down the barriers women higher premiums simply be- When AnnMarie found out that he that women still face in our workforce cause they were women. Some insur- was making more than she was—even and make sure women and their fami- ance policies refused to cover preven- though they had the exact same re- lies have the fair shot they deserve. tive services for women such as mam- sume, qualifications, and years of grad- This is a question I know Senator WAR- mograms and cervical cancer uation—she went in and asked for a REN cares very deeply about. She has screenings. Pregnancy costs could be raise. She was told that she couldn’t brought an enormous amount of leader- excluded and birth control coverage have one. ship and focus to this debate. I am very could be left out. In other words, af- She stayed on that job and continued appreciative that she is here to speak. fordable women’s health care took a to work hard. It wasn’t until her hus- So I would yield to her first and then I backseat to the profits of insurance band’s job was at risk that she started will finish speaking when she gets companies. thinking about how much those lost done. But now we have the Affordable Care wages meant to her and her family. The PRESIDING OFFICER. The Sen- Act; women pay the same insurance She ran the numbers, and she found ator from Massachusetts. rates as men. We have the Affordable out that over the years she had missed Ms. WARREN. Mr. President, I am Care Act; women get free coverage for out on more than $12,000 in wages com- pleased to join Senator MURRAY on the mammograms and birth control. We pared to her male counterpart who was floor to stand up for America’s women have the Affordable Care Act; women doing the exact same work. because it is time for a tough conversa- can worry a little less about whether AnnMarie and her husband are first tion about the economics of being a health problems will land them in generation college graduates. They woman. I applaud her leadership, and I bankruptcy. have a 5-year-old daughter who is in am very pleased she is bringing the Where are the Republicans? They full-time daycare because both women of the Senate to the floor want to repeal ObamaCare. The House AnnMarie and her husband have to today. has now voted more than 50 times to work. Women are working hard, earning repeal ObamaCare. The Senate Repub- AnnMarie told us yesterday that their own way, and supporting their licans have come to the floor day after when she realized her lost income families, but they are not getting the day to demand that ObamaCare be amounted to 1 year’s worth of child same pay, the same security or the done away with. The Republicans say care or 10 months of payments on their same respect. Take a look at the min- they care about women, but they will mortgage or student loans, she said imum wage. Two out of every three not help women pay for health care or that was heartbreaking. AnnMarie was minimum wage workers are women. get the full medical coverage they need ultimately able to go back and con- Women make up about three-quarters at a price they can afford. vince her employers—by showing them of all tipped minimum wage workers. A Women are working hard earning the math—to give her equal pay. woman who works minimum wage can their own way and supporting their But as we know, unfortunately, most work full time and yet she will not families. They are entitled to the same women are not able to do that and earn enough to keep herself and a baby pay, the same security, and the same many don’t even know that they are

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S3002 CONGRESSIONAL RECORD — SENATE May 14, 2014 earning an unfair wage. That is a real women over 65 depend on Social Secu- ment. There is, of course, a lot more loss, both for our families and for our rity for their only income in their later that we can do in addition, but I be- economy as a whole. years. lieve any one of those changes would We heard what $12,000 could have All of my colleagues and I should be have a real impact. meant for AnnMarie’s household budg- alarmed that the average Social Secu- As the Presiding Officer knows from et, but women’s contributions in the rity benefit for women over 65 is just our Budget Committee hearing yester- workforce have also made a huge dif- $13,100 per year. Imagine living on that. day, AnnMarie testified and told us ference to our overall economic That is not enough to feel financially that she hopes when her daughter en- strength. secure. ters the workforce, pay inequity will be As working families have felt more The impact of these barriers is in- just as much of a relic as the days be- and more strained by the rising costs creasingly clear. Over the last decade fore the iPhone. for everything from college tuition to the share of women in the labor force I could not agree more. childcare and health care, and an econ- has actually stalled, even as other Acting to expand economic oppor- omy in which the gap between those at countries have continued to see more tunity for women is the right thing to the top and everyone else seems to be women choosing to go to work. Experts do. It is part of our ongoing work to getting wider and wider, women’s eco- believe that a major reason for that is uphold our country’s most funda- nomic contributions have helped ease that, unlike in many other countries, mental values. But as our country’s re- the burden. in the United States we have not up- cent history shows, it is also an eco- Economist Heather Boushey, who dated our policies to reflect our 21st nomic necessity—both for our families also testified yesterday at our hearing, century workforce and help today’s and for our broader economy. found in a recent study that between two-earner families succeed. That is why it is so disappointing to 1979 and 2012 the U.S. economy grew by At a time when we need to be doing see that when it comes to issues affect- almost 11 percent as a result of women everything we can to grow our econ- ing women. Some of our Republican joining our labor force. As we think omy and strengthen our middle class, colleagues are laser-focused on turning today about ways to support growth in that is not acceptable. Women have to back the clock. We saw this just yes- the 21st century, it is absolutely clear have an equal shot at success. First terday when the senior Senator from our country’s economic success and and foremost, that means we need to South Carolina came to the floor and that of our middle-class families go end unfair practices that set women tried to pass an extreme bill that hand-in-hand with women’s economic back financially. would severely limit women’s repro- success. We took a very good step forward ductive rights. So we have a lot more work to do be- with the Affordable Care Act, which Women today would much rather see cause despite all the progress we have prevents insurance companies today Congress focusing on expanding oppor- made and all the glass ceilings that from charging women more than men tunity and helping working families have been broken, women still face for coverage—which they did before than on getting in between a woman barriers that are holding them, their that Act. But we need to do more to and her doctor. families, and our economy back. make sure women are getting equal Over the next few months, we are Stories such as AnnMarie’s—stories pay for equal work. going to see Democrats continuing to of women who received lower wages for My good friend and colleague Chair- fight for goals such as achieving pay the same exact work as men—are still man MIKULSKI has led the way on the equity, providing access to affordable far too common. Because women are Paycheck Fairness Act, which would childcare, and raising the minimum more likely to be the primary care- provide women with more tools to fight wage—all of which would move women, giver in a family, the lack of paid leave paycheck discrimination. Giving the families, and our economy forward not at most jobs means women today expe- millions of women earning the min- backward. rience higher turnover, lost earnings, imum wage a raise—as Senator WAR- I hope that our colleagues on the and are more likely to be passed over REN just talked about—would also go a other side of the aisle will be willing to for promotions that would help them long way toward that effort. Of course, join us in this very important effort. advance. we have to update our Tax Code so that I yield the floor, and I suggest the ab- In addition, our outdated Tax Code mothers who are returning to the sence of a quorum. works against married women who workforce do not face a marriage pen- The PRESIDING OFFICER (Ms. choose to go back to work as a second alty. BALDWIN). The clerk will call the roll. earner because their earnings are In addition to expanding the earned The assistant bill clerk proceeded to counted on top of their spouse’s. They income tax credit for childless work- call the roll. can actually be taxed at a higher rate, ers, the 21th Century Worker Tax Cut Mr. FLAKE. I ask unanimous consent and that deters some mothers from Act that I introduced would provide a that the order for the quorum call be choosing to re-enter the workforce, es- 20-percent deduction on the second rescinded. pecially when you consider the high earner’s income for working families The PRESIDING OFFICER. Without cost and lack of access to high-quality with young children to help them keep objection, it is so ordered. childcare. more of what they earned. Mr. FLAKE. I ask unanimous consent Those kinds of challenges are espe- As we get rid of these discriminatory that Senator ALEXANDER and I be per- cially pronounced for women and, in practices, we should also recognize the mitted to engage in a colloquy. particular, mothers, who are struggling challenges that working parents face, The PRESIDING OFFICER. Without today to make ends meet. We know and we should put in place a set of poli- objection, it is so ordered. that two-thirds of minimum wage earn- cies that help them at work and at PRODUCTION TAX CREDIT ers are women. Their jobs are dis- home. A big part of that is investing in Mr. FLAKE. We come to the floor proportionately unlikely to offer any expanded access to affordable, high- today to call attention to the tax ex- flexibility when, for example, a child quality childcare. When parents go to tender bill currently being debated be- gets sick or needs to be picked up early work, they deserve to know that their fore the Senate. Included in this legis- from school. And their earnings are child is safe and thriving while they lation is a provision extending the quickly swallowed by costs associated are at work. There are many steps that wind production tax credit, known as with work, such as childcare or trans- this Congress could and should take the PTC, for 2 additional years. This portation. through our Tax Code and by building would be the ninth extension of a sup- It is also important to note that our on successful programs, such as Head posedly temporary tax credit. outdated policies disproportionately Start, to help give working parents the The PTC was first enacted in 1992 to affect women when it comes to their peace of mind they deserve. jump-start the nascent wind industry. retirement security because, on aver- Finally, we need to build on and It was meant to expire in 1999, 15 years age, women earn less than men, accu- strengthen Social Security with poli- ago. But this one-time stimulus has mulate less in savings, and receive cies that make it easier for women and turned into a never-ending tax subsidy smaller pensions. Today nearly 3 in 10 their families to build a secure retire- that has been extended eight times,

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S3003 and the prospect for a ninth extension anything is unsure, we are creating see those 20-story towers on top of our seems likely. that unsurety—or insecurity—when ridgetops. You can see the blinking The PTC spends precious tax dollars Congress simply goes again and again lights from 20 miles away. I think they subsidizing a very mature industry and and renews it. destroy the environment in the name distorting our energy markets. The Senator from Tennessee had a of saving the environment. My friend from Tennessee, Senator great column in the Wall Street Jour- There are appropriate places for wind ALEXANDER, and I have been vocal op- nal talking about part of the problem power, and it has an appropriate place ponents of this Federal subsidy for we have when we subsidize this kind of in the market. I would ask the Senator years. Unfortunately, this credit has industry and what that does to base- from Arizona, isn’t it time for wind to survived under the canard that wind load power—nuclear and coal—in the stand on its own in our marketplace power is an infant industry in need of interim. Does the Senator wish to talk and compete with other forms of elec- Federal support. about that? tricity? With the PTC’s expiration on Janu- Mr. ALEXANDER. Yes, and I thank Mr. FLAKE. Yes. And I want to point ary 1 of this year, wind producers are the Senator from Arizona. out as well that neither of us is saying once again igniting the rallying cry to The United States uses almost 20 per- there is no place for wind energy. continue their taxpayer-funded hand- cent of all the electricity in the world, Mr. ALEXANDER. Correct. Mr. FLAKE. It is an increasing part out. and we need electricity that we can of our energy load. In fact, the most I ask my friend from Tennessee, for rely on. We don’t want to flip the new capacity actually went to wind as those taxpayers who may not be famil- switch and have the lights not come a percentage of the current output. on. We don’t want to go to work and iar with this use of their hard-earned There is an important place for it. It dollars, what is the PTC and why is it have the generators not working. So can and is being done in environ- so valuable? we use a lot of electricity, and that mentally sensitive ways around the Mr. ALEXANDER. I thank the Sen- comes from baseload power. That is country. But it is time for the Federal ator from Arizona for his leadership typically, in our country, coal, nuclear, subsidy to end. over the years and for pointing out the and now natural gas. The problem is, when we distort the flaws in this proposal. It wastes money, Wind is intermittent. It usually market the way we do—when at times it undercuts reliable electricity—like blows at night. Usually it blows only you can actually pay a utility to take coal and nuclear electricity—and, in about a third of the time, and you ei- your power because that is the only my view, it destroys rather than saving ther use it or lose it. So relying on time the wind is blowing, at night, and the environment. wind power to run a country that uses still make a profit from the Federal But let’s say exactly what we are 20 percent of all the electricity in the subsidy—there is a distortion in the talking about. This was a tax credit world is the energy equivalent of going markets we just shouldn’t have, and we that was first passed in 1992, as the to war in sailboats when nuclear ships ought to let capital flow where it is Senator from Arizona said, to help an are available. most needed. infant industry. It has been renewed Baseload power is undercut by this So neither of us is saying there is no eight times. If you are a wind devel- intermittent wind power because of place for wind energy, but there is no oper, it pays you 2.3 cents for every kil- this subsidy. This subsidy is so large place now or no reason to continue for owatt hour of wind that you produce— that wind developers can, in some the ninth time an extension of this which in some markets is about the cases, give away their electricity and Federal subsidy for wind. cost of the wholesale value of each kil- still make a profit. And in some cases Mr. ALEXANDER. I would say to the owatt hour of electricity. they pay the utilities to take their Senator from Arizona, just to be spe- In fact, the subsidy is so great, some- wind power, making the baseload cific about this—negative pricing, as times in some markets, wind producers power that we need to rely on for the we call it—the opportunity for a wind can actually give away their elec- long term less economical. This leads developer at, say, 3 o’clock in the tricity and still make a profit. At other to the closing of nuclear plants and morning in Chicago to literally pay the times—in the middle of the night in coal plants. utility to take the wind power, thereby Chicago—they can actually pay utili- Mr. FLAKE. In that same column, causing the nuclear plant or the coal ties to take their wind power and still the Senator also talked about the envi- plant to be less useful, is contrib- make a profit. That is what the wind ronmental impact. It is often thought uting—it is not the whole reason, but it production tax credit is. that these renewables are all the same is contributing to the closing of nu- As the Senator says, this is a mature in terms of their impact on the envi- clear plants. industry. I support jump-starting cer- ronment. But the Senator points out The Center for Strategic and Inter- tain types of energy for a limited pe- where these need to be built generally, national Studies said that because of the low price of natural gas and this riod of time. and they are not your typical pictur- But Steven Chu, President Obama’s esque windmill somewhere in Holland subsidy for wind, we might lose as many as 25 percent of our nuclear Nobel Prize-winning U.S. Energy Sec- but something quite different. plants in the next 10 years. Nuclear retary, in 2011 in response to my ques- He also mentioned what it would power produces 60 percent of the car- tion—Is it a mature technology?—said: take to generate the same amount of bon-free, sulfur-free, nitrogen-free elec- Yes, it is a mature technology. power that perhaps eight nuclear pow- tricity—air pollution-free electricity. I would ask the Senator from Ari- erplants generate, what it would take A number of environmental groups in terms of these wind units. Does the zona, what is the justification for have begun to point out their concern Senator want to talk a bit about that? spending over the next 2 years $13 bil- for what would happen to our air, if we Mr. ALEXANDER. Well, the Senator lion of taxpayer money? It is the most lost this important source of clean gen- from Arizona is from the West and I, of wasteful, conspicuous, taxpayer sub- eration of electricity. sidy that I know of in Washington, DC. course, am from the East. In the East- This is just one more reason we It proves Ronald Reagan’s statement ern United States, the wind turbines should let wind take its natural place that the only thing in life that is eter- really only work well on ridgetops. I in the marketplace. Wind is now 4 per- nal is a government program. live near ridgetops around the Great cent of all the electricity that we Mr. FLAKE. I thank the Senator. I Smoky Mountains National Park. If we produce. It was, as the Senator said, don’t think there is justification. ran wind turbines from Georgia to the fastest growing form of generation, The justification that often is given Maine along the Appalachian Trail, we so let it compete. Let it go where it is that we have to give some kind of would only produce about the same should go. Offshore is another place it surety moving ahead, and people won’t amount of electricity that eight nu- could go. But it is time to end the sub- invest in this industry if they don’t clear power plants would produce. And sidy and let wind stand on its own. know that the subsidy is there. we would still need the nuclear power Mr. FLAKE. I thank the Senator. Again, this has been around since plants or the coal plants or natural gas Senator ALEXANDER and I are intro- 1992. It was meant to expire in 1999. But plants to produce electricity when the ducing an amendment to the tax ex- it has been extended eight times. If wind isn’t blowing. We don’t want to tenders bill currently on the floor. This

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S3004 CONGRESSIONAL RECORD — SENATE May 14, 2014 amendment would simply strike that following our colloquy an op-ed in the tions and Nuclear Matters, announced they extension, do away with it completely. Wall Street Journal of May 7, 2014, en- held an event in Washington at the National We also have another amendment as titled ‘‘Wind-Power Tax Credits Need Press Club—that they were concerned about to when producers of wind energy losing clean nuclear power, which provides To Be Blown Away.’’ 60% of America’s air-pollution-free elec- claim the subsidy right now, they can There being no objection, the mate- tricity. And, in a country that consumes 20% claim it now but not have the clock rial was ordered to be printed in the of the world’s electricity, relying on wind- start until they start producing. So if RECORD, as follows: mills when nuclear power is available is the they do not start producing for another [From The Wall Street Journal, May 7, 2014] energy equivalent of going to war in sail- 10 years, the end point of that subsidy WIND-POWER TAX CREDITS NEED TO BE BLOWN boats when nuclear ships are available. These are the consequences of government is a full 20 years from now and tax- AWAY payers are on the hook much longer subsidies that pick winners and losers in the (By Lamar Alexander) marketplace. than was anticipated. So this would The U.S. Senate is poised to resurrect 3. Wind-power subsidies destroy the envi- simply say that the point at which the Washington’s most conspicuous, wasteful ronment in the name of saving the environ- subsidy begins has to be immediately taxpayer subsidy—the wind-production tax ment. The wind turbines that generate power so we won’t go too far in the future. credit. in this country do not resemble the charm- Those amendments will be intro- This giveaway expired in December. Yet on ing, picturesque windmills that dot the duced tomorrow, and we hope to be April 3 the Senate Finance Committee gave Dutch landscape. Instead, they are 20 stories able to debate those on the floor with it new life by approving a $13 billion, two- high. Their blinking lights can be seen for this bill. year renewal within a package of 55 ‘‘tax ex- miles. Their noise disturbs neighbors. Their Mr. ALEXANDER. I thank the Sen- tenders.’’ Once again, Washington is proving transmission lines scar neighborhoods and ator for his leadership. And when we Ronald Reagan’s observation that ‘‘the near- open spaces. est thing to eternal life that we’ll ever see on In the Eastern U.S., onshore wind turbines talk about a 1-year or 2-year extension, this Earth is a government program.’’ work best on ridge tops. You would have to it is important to note that we are The wind-production tax credit was first stretch these giant windmills the length of talking about the next 10 years. Let’s enacted in 1992. At the time, wind-power was the Appalachian Trail, from Georgia to say I qualify for the production tax considered a kind of ‘‘infant industry,’’ need- Maine, to equal the power produced by eight credit—I am a wind developer this ing help to bring its technology up to speed nuclear-power plants. And since wind tur- year, which means I get that credit for and lead to lower costs. The tax credit has bines produce power only when the wind the next 10 years. That is why the 2- since been reborn eight times, even though blows (about one-third of the time), even if year extension of the wind production President Obama’s Energy Secretary Ste- you built that many windmills, you’d still phen Chu in 2011 said that wind power is a have to build nuclear or other power plants tax credit really spends tax dollars ‘‘mature technology.’’ A mature technology to produce reliable electricity for computers, over the next 11 years when you count should stand on its own in the marketplace. jobs and homes. both those years. It totals $13 billion. The 2.3-cent tax credit for each kilowatt- After nearly 22 years, eight resurrections We throw dollars around so much here, hour of wind-power electricity produced is and billions of taxpayer subsidies, it’s time it is hard to get a sense of how much sometimes worth more than the energy it to let the marketplace rule and allow wind $13 billion is. In 2012 we spent $10 bil- subsidizes. Sometimes in some markets, for power to rise or fall on its own. Save our lion government-wide on all of energy example in Texas and Illinois, the subsidy is money, save our nuclear plants and save our research. It would be much better to so large that wind producers have paid utili- mountaintops. ties to take their electricity and still make Mr. ALEXANDER. Madam President, use these dollars to reduce the debt or a profit. the so-called tax extenders bill is the to use some of it for clean energy re- The wind-production tax credit should not subject of discussion—55 provisions in search. We need low-cost, clean, cheap be renewed for three principal reasons: the Tax Code to be extended that have energy. In my view, energy research is 1. It wastes money. The proposed two-year expired or are expiring. The wind pro- a much better use of taxpayer dollars, extension would cost taxpayers nearly $13 duction tax credit is one of those. I when they are available, than long- billion over the next 10 years, according to hope the majority leader will do what term subsidies. After nearly twenty- the Joint Congressional Committee on Tax- the Senate should do, which is to allow two years and eight renewals, the wind ation. In 2013, when Congress renewed the subsidy for one year, the cost was nearly $12 those of us who have amendments— PTC has been around for far too long. billion over 10 years. This is more than the like the Senator from Arizona and I, Ronald Reagan was right. I hope to federal government spends on energy re- prove him wrong on this one—that the who have offered two amendments re- search in one year. lated to the wind production tax cred- wind PTC finally comes to an end. A better use of taxpayer dollars would be Mr. FLAKE. I thank the Senator. to reduce the ballooning federal debt or to it—to have our say on behalf of the I have just one other point. The sec- invest in research to find new forms of people of Tennessee and Arizona and ond amendment, as I mentioned—and cheap, clean, reliable electricity. For exam- the American people and to not impose the Senator mentioned that this 2-year ple, what about a substantial cash prize from the gag rule on the American people, extension leads to another 10 years in the U.S. Department of Energy for creating which has become the practice here in subsidies. Depending on when they ac- a truly commercial use for carbon captured the Senate. tually start production, it could be an- from coal and natural-gas plants? Such a dis- The only reason we are really here is covery would be the Holy Grail of clean en- other 20 years. So it really distorts our to have a say and to have a vote on be- ergy—permitting the use of coal world-wide half of the people who have elected us. budget process, our appropriations and to produce an abundant supply of cheap, authorizations and everything else, for clean, reliable electricity to reduce poverty If an important bill, such as the tax ex- a longer period of time than it should. while protecting the environment. tenders bill, comes forward and we I thank the Senator for his work and 2. The wind subsidy undercuts reliable have a $13 billion expenditure that look forward to hopefully seeing these ‘‘baseload’’ electricity such as nuclear and Americans feel strongly about, we amendments debated. coal. Let’s say it’s 3 a.m.in Chicago. The ought to have a vote. We ought to have I yield the floor, unless the Senator wind is blowing, which it usually does at a say. has any closing remarks. night when consumers are asleep and don’t So I hope very much, as we move for- Mr. ALEXANDER. No, I do not. I need as much electricity. Because of the sub- ward, the majority leader will bring us sidy, wind producers can pay utilities to back to the time when the Senate of- guess, in summary, after nearly 22 take their power and still make a profit. years, it is time for wind production to But the electricity generated from coal fered a chance to have a vote, to have step out on its own in the marketplace. and nuclear plants—which are hard to turn a say on behalf of the people of the Let’s save $13 billion, and let’s stop dis- on and off—becomes less economical. As a United States. We might not win our torting the marketplace and undercut- result, utilities have an incentive to close vote, we might lose our vote, but we ting nuclear plants as well as coal these ‘‘baseload’’ plants. Negative pricing will have had our say. plants, and let’s stop destroying the tied to wind power, along with the low price This is the body in the American con- environment in the name of saving the of natural gas, is causing utilities to close stitutional framework that has been nuclear plants. The Center for Strategic and described in the most recent history of environment. International Studies says that as many as I thank the Senator from Arizona for 25% of our country’s 100 nuclear plants the Senate as the one authentic bit of his leadership. might close over the next 10 years. genius in the American system of gov- Madam President, I ask unanimous On April 28, environmental groups, includ- ernment. That is because we have to consent to have printed in the RECORD ing the Center for Climate and Energy Solu- have consensus before we move ahead,

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S3005 and you only govern a complex country Union and Gen. Tom Stafford, U.S. Air planned in the future by Boeing to put such as this by consensus. That is what Force, NASA astronaut, Apollo 10 that a Boeing spacecraft on top of that 60 votes is about. That is what debate went to the Moon—they are close per- rocket for humans to go to and from is about. We have gotten far away from sonal friends and have seen each other the space station. Another company that—far away from that. over the course of the years many called Sierra Nevada has created a So this would be a good time to drop times. smaller winged spacecraft also for hu- this notion of the gag rule on the In 1985 I had the privilege as a young mans—not unlike the space shuttle but American people, this business of cut- Congressman to take a delegation to much smaller—that will go on top of ting off amendments, cutting off de- the Soviet Union on the occasion of the the Atlas V. They, along with a third bates, and say: We welcome amend- 10th anniversary of Apollo-Soyuz, with competitor, SpaceX, which has built its ments. We welcome debate. We will our Apollo astronauts joining in Mos- own rocket called the Falcon 9, with vote them up, we will vote them down, cow with the Soviet cosmonauts. So its spacecraft the Dragon capsule— pass them in a responsible way, and we there is a long history. those three will compete to see if one will go on to the next one. But now fast forward to, I believe, or all three will deliver humans— So it is my hope that Senator the year 1991 and the complete destruc- American and Russian—to the Inter- FLAKE’s amendments, which I am tion of the old Soviet Union. All the national Space Station in the future proud to cosponsor—both of them—will satellite states went elsewhere. By the instead of us having to rely, after we be one of several amendments on the way, this was in August and September shut down the space shuttle, on the tax extenders bill to be allowed a vote of 1991, interestingly, after a delegation only manned, human-tested rocket to when that bill comes up. of American astronauts and Soviet cos- get us to and from the space station I thank the Chair, and I yield the monauts in April of 1991 all joined to- now, which is the Soyuz, the Russian floor. gether out at Star City where they rocket that launches from Baikonur, The PRESIDING OFFICER. The Sen- train their cosmonauts, and then we all Kazakhstan. ator from Florida. went in a Soviet military plane out to If this isn’t confusing enough, the RUSSIA-UKRAINE Kazakhstan to the launch site on the Deputy Prime Minister—provoked be- Mr. NELSON. Madam President, a occasion of the 30th anniversary of the cause the United States has responded number of people have asked me to launch of the first human into space— to President Putin’s aggression—says comment about the situation since a Russian, Yuri Gargarin. A few he is going to stop selling the President Putin has moved aggres- months later, the Soviet Union disinte- Energomash rocket to the United sively with regard to Crimea and East- grated. States for military purposes. ern Ukraine, which has therefore So the United States had a choice to The question is, Is he going to con- brought about some retaliation of make: All of those very bright, very ef- tinue to sell that rocket engine for ci- sanctions by the United States against fective Russian scientists in their de- vilian purposes—which I just outlined Russia. fense program and in their space pro- in this competition that is coming up— We are now hearing comments—a gram—and often their civilian space and if this is accurate and it holds, number of troubling statements—com- program was directly linked to their what to do for the United States? ing out of Russia by the Deputy Prime Soviet military program—where were We have several options. Minister, who has the responsibility for all those scientists going to go? We First of all, we have a 2-year supply defense and aerospace, regarding the didn’t want them to go to Iran, North of these engines on the shelf. If in 2 U.S. development of rockets that can Korea, and China. years we think the Russians are not again take Americans, on American So I believe Senator Sam Nunn, a going to continue to sell this—and, by rockets, to and from the International Democrat, and Senator Dick Lugar, a the way, this is a real jobmaker for Space Station. He has made a sarcastic Republican, led the effort to put to- Russians and a moneymaker for them. comment, something to the effect of, gether the Nunn-Lugar bill, which The aerospace industry in Russia well, how do the Americans think they started sending American assistance to wants to continue to sell this engine, are going to get to the space station— try to stop the scientists from fleeing but if the politics get in the way and on a trampoline? And then most re- into other hands and especially to cor- they cut it off, then what is the United cently a statement having been issued ral all of the nuclear weapons the So- States to do? We have to figure that in his name that the Russian rocket viet Union had, and that was done very out. Right now there is a study going company will not sell the very efficient effectively. on in the Department of Defense as to and very energetic Russian rocket en- Then when Russia opened its former how we would handle it. We have a 2- gine, the RD–180, to the United States Soviet closed doors, we found out Rus- year supply. One of the options they for military purposes. sian scientists and engineers had man- will look at is stretching that out over This is a very complex issue. It af- ufactured this exceptionally efficient time, putting some of those payloads fects not only our military access to and powerful engine, kerosene and on other rockets. Some of those pay- space, it affects our civilian access to LOx—liquid oxygen—called the RD–180. loads can go on the very successful Fal- space. I will see if I can dissect this in As a result, we worked out a deal be- con 9, but there are heavier payloads about 4 minutes, as a number of people tween American aerospace companies that cannot go on the Falcon 9 that have asked me about this. This will be and the Russian company Energomash, could go on the Atlas V. But if the an issue, for example, next week in the where instead of these engines going Atlas V is not flying, they will have to markup in the Senate Armed Services all across the world, we were going to go on a more expensive and heavier Committee of the Armed Services De- use them together. So the United lift, Delta IV Heavy. So we see how fense authorization bill. States through its rocket manufactur- complicated this gets. First, let’s go back and see the his- ers—I believe Pratt & Whitney—got Then the question is, If they are not tory. How do we have this relationship the license to this and the plans to the going to sell these engines for military with Russia and what is it? engine, but they also had an agreement purposes, can we bank on it that they In the midst of the Cold War, when that they would buy these from the would sell these engines for NASA ci- there were the two super powers, the Russian rocket manufacturer. vilian purposes? That is a big question Soviet Union and the United States de- Today that engine is a staple and mark. cided to cooperate in space in the civil- necessary engine in our stable of horses So one of the issues in this DOD ian program. In the midst of the Cold to get into space, both military and ci- study is going to be can we manufac- War, a Russian Soyuz and an American vilian, because it is the main engines ture since we have the plans. We don’t Apollo spacecraft—Apollo-Soyuz as it on what we use today, the Atlas V know the answer at this point. It is an is known—rendezvoused and docked, rocket. This is a proven rocket. It has extremely complicated metallurgy and the crews lived together in space had an unblemished record, and that process which they have perfected in for 9 days in 1975. unblemished record has been some- all of those years in the old Soviet By the way, those two crews led by thing close to, if not over, 100 straight Union. We would have to start flat- General Alexsei Leonov of the Soviet flights without a flaw. It is being footed, even though we have the plans,

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S3006 CONGRESSIONAL RECORD — SENATE May 14, 2014 and figure out how to do all the design that we have seen in the committee for Small firms nationally employ just equipment, all the processing equip- these tax provisions, and I think that over half of the private sector work- ment, and then try to get the engines bipartisanship will continue as we force, according to the Small Business ready—and at some point what would a move forward with the legislation on Administration. Small businesses also follow-on engine look like? the floor. have led the charge to put America That is about the best I can summa- The bill came out of our committee back to work. According to the SBA, rize the situation, and we are going to recently and it does enjoy bipartisan small businesses have created 64 per- have some major decisions to make, support. I wish to concentrate on the cent of the net new jobs over the past depending on what we see in the DOD small business provision. As you know, 15 years. Again, we sometimes don’t study. if you went down the list of these ex- fully appreciate the impact of small First of all, we are going to have to tensions of tax provisions generically business. The most recent monthly em- know how we have assured access to known as tax extenders, you could ployment report by the payroll proc- space for defense purposes for the na- cover a huge array of subjects by vir- essor ADP showed that small- and me- tional security of this country. tue of the whole bill. I am going to dium-sized firms accounted for more Secondly, we are going to have to focus for a couple minutes on the small than 80 percent of the job growth in have assured access to space for the ci- business provisions. January of this year. So a short-term We often hear from small business vilian program so this incredible Inter- recent number of job creation, small owners—and I hear it all the time in national Space Station that we have business is accounting for 80 percent of Pennsylvania and I am sure others built with 15 nations, including the that, but even when we look at a hear it in their home States as well— Russians, who have been a major part— longer period of time, over the past 15 how we are going to keep that oper- about the lack of certainty. Fre- quently, business owners say they years, small business is creating 64 per- ating and get Americans to and from it cent of the net new jobs. So we need to because the Russians cannot operate don’t have certainty about where their business will go next because of what do everything we can in the Senate and the space station by themselves. the House to invest in strategies that In the first place, a lot of the Russian Washington has not been getting done. One of the reasons it is so important to will help small businesses so they can commands to their own modules actu- grow and invest. ally are commands that go through the get this bill passed in a bipartisan fash- Unfortunately, many tax provisions Johnson Space Center in Texas. Sec- ion—that alone is a measure of cer- affecting small businesses have re- ondly, the Russians depend on all the tainty for folks seeing so much par- cently been enacted on an unpredict- electricity that is generated on the tisanship here, but also giving a time- able and temporary basis. That is an International Space Station from the frame of 2 years helps alleviate uncer- understatement. When we talk about American electrical systems. So we are tainty as well. It is an especially urgent issue when certainty or uncertainty, this is part of going to have to continue to operate it it comes to small business owners. what we are talking about. This uncer- together. The Deputy Prime Minister They don’t often have the capacity to tainty directly and substantially implied that; that he would continue to go out and hire a lot of experts to help hinders economic growth and job cre- do that through year 2020, but the them with compliance, to help them ation. When businesses don’t know how space station is going to have a life— understand or deal with on a regular their investments will be taxed, they and should have—well into the decade basis tax provisions or substantial cannot make long-term planning deci- of the 2030s. changes in health care and public pol- sions with confidence. You don’t have These are the questions we are going icy. So having a measure of certainty to be a small business owner to under- to have to answer and they are going to is a significant issue in the life of a stand that it is especially difficult for have to be answered in the near future. small business owner. a small business owner to hire a legion In part, some of them are going to have All too often we minimize the impact of lawyers, accountants or other pro- to be answered next week as we start of tax incentives by failing to renew fessionals to help them. Sometimes a to mark up the Defense authorization critical provisions in a timely manner. small business owner does everything. bill. Business owners need that basic cer- You know the old expression ‘‘chief I wanted to give the Senate, and all tainty, which is why the work we have of those in the press who have been cook and bottle washer.’’ They do ev- done on small business issues is par- erything. They don’t have the luxury asking me, the best of what I could ticularly significant. I am proud of the conclude at this point and then we will of hiring a compliance team for every work Senator COLLINS of Maine and I issue, and it is especially difficult in see what develops. There was the new have done to introduce legislation development, as I mentioned yester- this uncertain environment. So this which would allow small businesses to uncertainty about tax policy dispropor- day, where the Deputy Prime Minister plan for capital investment that is so said they will not sell the RD–180 to tionately harms these small busi- vital to job creation. This common- nesses. America for military purposes. If that sense proposal would introduce cer- We often say these are the firms that holds, then we have to swing into ac- tainty to businesses, especially small are the backbone of the American tion pretty quickly. businesses, increase economic activity economy. Yet they don’t have the lux- I yield the floor. and the pace of job creation. A number ury that larger firms do to have a team The PRESIDING OFFICER. The Sen- of the provisions in the bill that I have of experts around them or a team they ator from Pennsylvania. worked on with Senator COLLINS are in EXPIRE ACT the EXPIRE Act, the legislation we are can retain. The National Federation of Mr. CASEY. Thank you, Madam dealing with on the floor. Independent Business says that compli- President. I rise to talk about the leg- I believe we have to create a favor- ance costs are 67 percent higher for islation we are considering, the so- able environment in order for busi- small firms than larger ones. The called EXPIRE Act, and we want to nesses to make investments that cre- Small Business Administration claims make sure that as we are focusing on ate jobs and grow the economy. Small that tax paperwork is the most expen- the policy—and I will get to that in a businesses are vital to our economy. sive paperwork burden on small busi- moment—we highlight for emphasis That said, I am not sure we often fully nesses, at $74 an hour. So they are pay- that this was a measure that came out understand how significant an impact ing $74 an hour in terms of tax compli- of the Senate Finance Committee in a small business has on the country, ance paperwork, and their overall com- bipartisan fashion. In fact, it was unan- when we consider that small firms pliance costs are 67 percent higher than imous coming out of the committee. comprise more than 98 percent of all large firms. We had a good discussion and debate employers. Nearly half of the Pennsyl- This legislation includes several pro- about various tax provisions that we vania workforce is on their payroll, to visions intended to immediately reduce wanted to extend for 2 more years, and get a sense of the dimensions, reach the uncertainty about the Tax Code because of that there was a great inter- and scope of small businesses in a and encourage businesses to grow and est in the subject matter. Rarely have State such as Pennsylvania, but of invest and hire. These measures have we seen the kind of bipartisan support course that is true across the Nation. bipartisan support and adopt proposals

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S3007 from both parties. One measure in- What we want to do—I think what is and hospitals than the older health cludes a 15-year straight-line deprecia- the best policy is to set it at a fairly care plans. This diminished access to tion schedule for restaurant leaseholds high level, I would argue one-quarter of health care is a serious problem for and retail improvements. In April last a million dollars—— Americans who live in rural areas with year Senator CORNYN from Texas and I The PRESIDING OFFICER. The Sen- fewer primary care physicians, forcing introduced a bill that contains this ator’s time has expired. some people to drive hours just to see provision which has bipartisan support. Mr. CASEY. Madam President, I ask a doctor who will accept their insur- If a restaurant wanted to add a new unanimous consent to speak for 2 more ance. room with 5 or 10 tables in a service minutes. I have received letters, emails, and space, that is a pretty big investment. The PRESIDING OFFICER. Is there phone calls from over 18,000 Nebras- They have to build, grow, and spend a objection? kans who keep saying the same thing: lot of money to do that. There is a de- Without objection, it is so ordered. The promises of ObamaCare are not preciation benefit provided to that Mr. CASEY. That is section 179, and being kept. business which historically has been that is another issue addressed in the For example, Karen and her husband over the course of 39 years. Recently bill. from Kearney essentially lost the doc- we shrunk that timeframe down to 15 The third provision is the so-called tors they had and liked when they re- years. Instead of giving little, tiny bonus depreciation, which helps busi- ceived a notice in the mail indicating slices of depreciation, the benefit is nesses in much the same way the ex- that the health care providers they more substantial over the course of 15 pensing rules do. The bonus deprecia- have relied on for years will no longer years, and the bottom line is we want tion allows companies to expense half accept this new insurance. it to stay at 15 years and not go back of the cost of qualifying assets that Here is another example my office re- to the 39 years. I am not sure what the they buy and put into service in the ceived. Douglas, another constituent benefit would be if someone added a same year. I won’t go through all the from Kearney, wrote: numbers, but we have heard from com- couple of tables to their restaurant in ObamaCare has done one thing, and one 2014 and had to wait 39 years to reap panies across the board about that pro- thing only, it has threatened my wife and that benefit. vision as well. the life of my son. Whether it is provisions that help So the legislation Senator CORNYN He goes on to say: and I have would maintain that 15-year restaurants, whether it is to help busi- Because of age, and the ACA, my son’s doc- cost recovery provision and make it nesses that want to make capital pur- chases, or whether it is companies that tors retired or quit practicing, and also be- permanent. The bill addresses this, al- cause of my son becoming an adult, we had beit for a 2-year timeframe instead of benefit from another year of a tax ben- to find new doctors. We haven’t been denied the current year. We know this faster efit, this bill allows us to give a meas- insurance, but we have been denied doctors. so-called cost recovery is directly re- ure of certainty for at least 2 years to We ended up begging and pleading with doc- flected in the company’s bottom line these businesses and especially those tors to care for my son. [We were] turned and frees cash that can be used to ex- that are small businesses. down by nine or ten. pand operations and hire more work- I believe this is one of those times I offered a commonsense proposal ers. It stands to reason if you have a where we can fulfill what a lot of peo- called the FAIR Act. It would delay the greater tax benefit, you have more dol- ple have asked us to do. They have tax on the uninsured anytime the em- lars in your hand, so to speak, and as a asked us on a daily basis to work to- ployer mandate is delayed. ObamaCare restaurant owner you can hire more gether to create jobs. This legislation, is picking winners and losers. The big workers in the near term. So maxi- which is bipartisan, is one way to come and powerful get help while the vast mizing certainty within the Tax Code together in a bipartisan fashion to cre- majority of Nebraskans and millions of is an expressed benefit for these small ate jobs and give certainty to help our Americans are left behind. My bill will businesses. small businesses and to work to- level the playing field, giving all Amer- A study from the National Res- gether—Democrats and Republicans. icans that ‘‘fair shot.’’ I hope we have taurant Association found that uncer- I yield the floor. the opportunity to debate and vote on tainty over depreciation and other tax The PRESIDING OFFICER. The Sen- my commonsense bill here in the Sen- provisions forced restaurants to forgo ator from Nebraska. ate. improvement projects that would have HEALTH CARE I thank the Presiding Officer and produced approximately 200,000 jobs na- Mrs. FISCHER. Madam President, I yield the floor. tionwide. I would submit that if that rise to give voice to the thousands of Mr. COATS. Madam President, I ask number were cut in half it would be a Nebraskans who have contacted my of- unanimous consent that the order for significant number, but their estimate fice and continue to contact my office the quorum call be rescinded. is that in essence we are forgoing with their concerns about health care. The PRESIDING OFFICER. The Sen- 200,000 jobs because of tax uncertainty. In 2009 the President made all the ate is not in a quorum call. Another provision of the bill that we Americans a promise. He said: The Senator is recognized. are debating and discussing would No matter how we reform health care, we Mr. COATS. Madam President, ac- make permanent the maximum allow- will make this promise to the American peo- cording to a recent National Federa- able deduction under section 179, ex- ple: If you like your doctor, you will be able tion of Independent Business study, to keep your doctor, period. pensing rules. Section 179 allows tax- ObamaCare and its tax increases will payers to deduct certain capital asset Five years later, it is becoming clear result in the reduction of up to 285,000 purchases in the year they make the that the President’s assurance won’t private sector jobs. Let’s say they are purchase. This type of expensing pro- hold true. Many of the millions of wrong. Let’s say they are exaggerating. vides an important incentive for busi- Americans who were forced to sign up After all, the NFIB has not exactly nesses to make capital investments. for ObamaCare-approved health plans been supportive of ObamaCare. Let’s Without it taxpayers would have to de- are now having trouble finding a doctor say it is 250,000 or 225,000. Let’s say it is preciate those asset purchases over or hospital they like that will accept 200,000. I think that any piece of legis- multiple years, getting a much more their new insurance. lation that causes one job to be lost is On May 12 the New York Times re- short-term benefit because of that tax something we should take a second ported: provision. This maximum allowable de- look at, let alone 285,000 jobs. duction under 179 has changed three In the midst of all the turmoil in health Even though the administration has care these days, one thing is becoming clear: times in the past 6 years. That is one of No matter what kind of health plan con- moved the goalpost more than 20 times the best examples of uncertainty, when sumers choose, they will find fewer doctors in terms of how Obamacare is enacted, things keep changing and the numbers and hospitals in their network—or pay much it clearly has hurt far more than it has keep changing. One year they can take more for the privilege of going to any pro- helped. The majority leader famously advantage of one-half million dollars of vider they want. said that all the stories that have been benefit if they bought new equipment, Despite higher rates, new ObamaCare stated on this floor have been horror for example. plans include fewer in-network doctors stories that are not true, but these are

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S3008 CONGRESSIONAL RECORD — SENATE May 14, 2014 real stories. These are people who have amendment or two amendments. Don’t with the support of a Member from the contacted my office and talked to me expect to be able to offer amendments other side? personally. They have written letters if you are in the minority in the House He turns that down too, so he shuts and sent emails. They are simply say- of Representatives. down his own Members. ing: Here is my experience. They say: We won the election. We It is beyond my comprehension, hav- Once in a while I come to the floor so are the majority. ing served here before and seen the I can verbalize the experiences of the That is how the House works. I Senate under the leadership of Demo- people I represent. served in the House. I served in the mi- cratic leaders who caused this body to Kelly from Fort Wayne, IN, received nority for 8 years. I am trying to re- function in a way where everybody had a letter from her insurance company member if I was ever allowed amend- a voice. We didn’t always win our that said her provider would change ments. Sometimes our caucus was al- amendments. We were in the minority. her policy due to the Affordable Care lowed an amendment. We mostly lost our amendments, but Act. Her new policy failed to cover her I came to the Senate and people we had a chance to offer them. We had lifesaving medication, increasing her asked: What is the difference? a chance to debate them and to try to monthly costs by over 400 percent com- I said: The difference is night and persuade Members to join us. Some- pared to what she had paid with her day. Any Senator can offer any amend- times we were fortunate to persuade previous plan. She said: What am I sup- ment to any bill at any time. those Members. Other times they were posed to do? This medication I have is Then Democratic majority leader, bills and amendments fashioned to- lifesaving. It is no longer covered by George Mitchell, was following a prece- gether with Democrats and Repub- my insurance plan. And the insurance dent that had lasted for more than 200 licans, brought to the floor in tandem, company has indicated that this is the years. The greatest deliberative body voted on, and passed, and they were result of the implementation of in the world deliberated. And, yes, we constructive changes. Today, it is, shut ObamaCare. were here late hours in the evenings up, sit down, don’t offer amendments, I Bruce from Jasper, IN, had to drop sometimes when a Member said: Wait a am not giving you anything. It defies his insurance policy and enroll in a minute, I have one more amendment. the history of this place, the tradition new plan that increased his monthly That person was allowed to offer that of this place, and it has turned us into premium by 70 percent. Bruce said: I amendment. We spent many nights the world’s least deliberative body, not can’t afford this. I am paying a lot of into the dark hours working through a the most deliberative body. There is no money already. Seventy percent. I bill, but the process worked. That was deliberation here. thought the President said this won’t honored by Republican leaders and It appears the only way to change cost me a penny more, period. I am Democratic leaders. Only now, at this this is for the voters to go to the polls sure the President regrets using ‘‘pe- second iteration of mine—it seems like and say: Let’s get the Senate back to riod’’ because period means final, no a bad dream, actually—do we have a what it is supposed to be. discussion, no debate—trust me, you leader who has basically said: I am not Let’s get to a place where we are not won’t have to pay one penny more. allowing you any amendments. I don’t afraid to stand up and take a stand. I talked to Bruce in Jasper, and he is want to force any votes. Let’s not be afraid to consider amend- paying 70 percent more. That is not what the Senate was de- ments and to say if it passes, it passes, Traveling across Indiana, I hear signed to be. That is not what it has and if it loses, it loses, but at least these stories from Hoosiers over and been traditionally. Yet here we are fac- Members had the opportunity to state over, men and women business owners ing yet another piece of legislation their positions and the opportunity to who are reducing hours, laying off that looks the same as every other represent the wishes of the people who hard-working employees, or closing the piece of legislation we have been faced sent us here. doors because of this law’s costly re- with this year. The majority leader We are sitting around here being able quirements. Most importantly, they will use a procedure called filling the to do nothing—nothing—because the are very seriously considering dropping tree. The majority leader is using pro- majority leader said: You are in the any employer-offered coverage whatso- cedures to shut down the minority, to minority. I am running this place. It is ever. They are reducing their work- gag us. It is a gag order by the major- a one-man show. I am throwing a gag force, if it is possible, to below 29 hours ity leader. He is basically saying: You order over all of you, and we are shut- a workweek so they don’t have to pro- don’t have the privilege under my lead- ting it down. vide insurance. Now we are coming to the tax ex- At one national chain, they have ership of representing the people in tenders. There are good provisions in stated publicly that they have put all your State who voted for you to come the bill, there are mediocre provisions, of their thousands of employees on 29- here to offer their wishes and their de- hour workweek schedules so they don’t sires and amendments to reform a and there are some that probably have to subject them to the restric- piece of legislation. I am not giving shouldn’t be in there. But shouldn’t tions imposed upon them under the you that opportunity. this be debated? This impacts our econ- ObamaCare act. That is what the majority leader is omy and impacts our future. There are I don’t know how many of these sto- saying over and over. many things in the tax extenders bill ries we have to share before we try to Now, if a Member is in the majority, that is coming before us—including re- make some reforms, replacements, or I suppose he or she can get their search credits and other things that find positive solutions to the problems changes modified and moved into the stimulate the economy—some that I we face. Republicans have met in cau- bill that the majority leader brings to think are good and some things that I cus. We have some alternatives. We the floor. But then he turns to the think are bad. Shouldn’t we have the would like to have them considered. other side and says: You don’t count, opportunity to try to support the good This leads me to my second point. It none of you. All 45 of you, all 45 Repub- or eliminate the bad or at least make is clear now that we are not going to be lican Senators here, don’t count. an effort at that? Yet once again it allowed to offer any solutions, any re- This is a Senate run by 55 people hasn’t happened yet. The pattern has forms, any changes to any legislation under the dictatorship of the current been laid. The majority leader will say: as long as we are here in this session of majority leader, who simply has No, you are not going to have any Congress. We have been allowed nine thrown a gag order on any Republican amendments. We are going to shut this amendments in the last 10 months. The because they are afraid to debate and down, and you are going to do it our minority in the House of Representa- vote on measures they think might way. tives has been allowed to offer over 125 negatively impact them, even though Apparently, that is the way the ma- amendments in the last 10 months. they are many times bipartisan-led jority leader has decided he is going to People are saying: Wait a minute, I amendments—amendments supported run the Senate. He makes all kinds of thought in the House the majority by Members on the other side of the false excuses as to why he has to do rules. aisle. what he does, but none of them hold They have a Rules Committee. They We said: OK, he is turning down any- water. I regret that. I think it has decide that maybe they will get one thing we offer, but what if we offered it turned this place into a dysfunctional

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S3009 body, and I think the burden of respon- the fine—we will have to look into of treating patients around Wyoming sibility for that falls directly on the seeking cheaper care outside the and working with families all across shoulders of the majority leader. United States, probably Mexico, for se- the State. She said: I know you’re in- With that, I yield the floor. rious problems. terested in the number of people who The PRESIDING OFFICER. The Sen- Is that what the President of the are uninsured after the rollout of the ator from Wyoming. United States intended, to have people ACA. She said: My husband and I start- Mr. BARRASSO. Madam President, I seek care in Mexico because they can’t ed investigating the ACA in October. come to the floor today, as my col- afford the Obama health care law and The Presiding Officer will remember league from Indiana has, because the the mandates and all of the insurance they opened the exchanges in October. same things he is hearing about at that they don’t need, don’t want, won’t The President, right before that, said it home in Indiana—stories from real peo- use, and can’t afford? It is not what the was going to be easier to use than ple and how their lives have been im- President promised the American peo- Amazon and cheaper than your cell pacted by the health care law—are sto- ple. He said if they like what they have phone bill. She said: So we started in- ries I am hearing at home every week- they can keep it. But, of course, that vestigating in October, and we were fi- end in Wyoming. was deemed the lie of the year. nally able to establish an account in I think it is astonishing that the ma- So I guess that is how the American March. jority leader would come to the floor of people view the President of the United That is what the American people the Senate and say these stories we are States now and can’t really consider think about the capability of this gov- coming to the floor with are made up, his comments to be credible. So when ernment and this administration. You he said, out of whole cloth. These are he says forcefully defend and be proud start working on something in October, real people in our communities who of the health care law, I think the and you finally establish an account in have been impacted by the health care American people realize that the Presi- March because of the incompetence of law in ways that have been very detri- dent has sold the law to them under a bureaucracy and an administration mental to their lives, their livelihood. false promises and the Democrats are that says one thing, does another, People have had their hours cut. Their clearly not standing up and defending promises something, and delivers take-home pay is less. They are finding what they know is hurting their con- something very different. they are having to pay a lot more for stituents. The President is in his bub- She said: We found that our pre- insurance. A lot of times it is insur- ble, and he hears only what he wants to miums would be one-third of our an- ance they don’t really want or need or hear. But I think Members on the nual income—one-third of our annual will ever use but the President says Democratic side of the aisle, who go income—with a $6,000 copay and a they have to buy. They have lost poli- home and listen to people, know these $12,000 deductible. cies that have worked well for them. stories are true, unlike what the ma- Those are the numbers—one-third of I got a recent email from a gen- jority leader says—that they are just their annual income, a $6,000 copay, a tleman, a family in Powell, WY, a com- made up. $12,000 deductible—and the majority munity in Park County. He writes: The gentleman goes on to say: I leader comes to the floor and says we Now that ObamaCare has been deemed could look into residence in another are making this stuff up. These are let- to be the most successful government State to see if health care insurance is ters from our constituents, people who program of all time, let me tell you available cheaper. I don’t know if it is live in our States, people whom we see what it has done for retired middle- or not, but I understand that Wyoming on weekends when we go home. class Wyoming citizens like myself. has the highest or near highest health She goes on to say: We have been un- Of course, he said he was not serious insurance premiums. insured for 7 years due to the costs, when he said ‘‘the most successful gov- Then he ends by saying: Is this what which we are told is due to our age, ernment program of all time.’’ He prob- Obama and the Federal Government even though we are in good health. So ably heard the President talking about consider fair? as of today we are still uninsured. it. He probably heard the President of The President goes on TV and says So they started in October, finally the United States tell Democrats who that everybody ought to have a fair established an account in March, and voted for this health care law to force- shot. Is this what the President of the as of the date this was written in April, fully defend the law and be proud of it. United States considers fair? Is this they were still uninsured. I haven’t heard Members who voted for what he means by a fair shot? People She said: We don’t have any idea this actually come to the floor to any all across the country are going to be what will happen if one of us gets sick degree to forcefully defend and be asking themselves that question as or has an accident. How will we pay the proud of the law because they know the they take a look at the impact of this bills? side effects of the law have been dev- health care law on their own lives, Then she finishes by saying: Keep astating—devastating to families, dev- their own families, the ability to keep fighting for the people of Wyoming. As astating to people and their paychecks, their doctors. We know many people a doctor, you know what a precarious and devastating to health care in this have lost the doctor they like in the position we are in. country. sense that they can’t go to that doctor. I wish the President of the United So back to what my constituent from They know they can’t go to the same States and the majority leader would Powell, WY, said: Health care pre- hospital. We know many were not able realize what a precarious position they miums of nearly $2,000 a month. to keep the insurance they had. We have placed the American public in—an The President said: Oh, no, premiums know many have had hours cut. American public who knew what they will drop by $2,500 a year. In an effort to try to help people who wanted with health care reform. They This gentleman said: Health care pre- didn’t have insurance, I think the wanted the care they need, from a doc- miums of nearly $2,000 per month, President of the United States and tor they choose, at lower cost. That is scheduled to go to at least $2,000 or Democrats should not have hurt so not what they got. They got more man- more per month in July—in paren- many individuals across the country, dates, more expensive care, higher theses, ‘‘unbelievable.’’ so many people who already had insur- deductibles, higher copays. Many peo- He then says: Middle-class citizens ance. There may be people who are ple had their policies canceled. like my wife and myself, not qualifying newly insured, but there are also peo- We know with the 30-hour work rule for ObamaCare subsidies, having to ple who are newly uninsured, and it is communities are cutting the hours of consider becoming lawbreakers by for- because of the President’s health care workers so their take-home pay goes going health insurance for ourselves or law. Are there side effects? You better down. We are not talking about busi- at least one of us—in parentheses, believe it. They are harmful. They are nesses here, although it is happening in ‘‘probably myself because I am the costly. Many families have been dev- the business world as well. It is also healthier of the two’’—and paying the astated by the health care law. happening in communities—school dis- fine. I have another letter from a family tricts that are saying: Well, we are He then said: If we do No. 2 above— in Lingle, WY. This is somebody who going to have to cut the hours of sub- about disobeying the law and paying knows I am a doctor, knows my record stitute teachers, we are going to have

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S3010 CONGRESSIONAL RECORD — SENATE May 14, 2014 to cut the hours of the school bus driv- with a $4,000 out-of-pocket maximum, My insurance premium tripled for less cov- ers, of the coaches, of a number of part- with monthly premiums of just over erage. I thought our insurance was supposed time workers. Why? Because of the $800—$809. That was provided through to stay the same if we had it. . . . Please put health care law. a stop to it! It isn’t right to make people pay Blue Cross Blue Shield. for something they may not be able to af- These are side effects of the law. The individual goes on to write: ford. I already had health insurance! I also They are harmful. They are expensive. At the time this was more than $300 less send money to my sister to help with her They have an impact on people’s lives costly than my new employer’s monthly pre- baby. Now I won’t be able to do that. to a point that I think the President mium for similar coverage. That is another letter—a real person, wants to ignore because the President I recently received a notice from [Blue a real situation. is hoping people on his side of the aisle Cross Blue Shield] that my coverage will be Here is one: will forcefully defend and be proud of a discontinued on May 1st, 2014 due to the Af- fordable Care Act. To Our Elected Representatives; We peti- law that there is little to be proud of tion you not as Democrats, Republicans, that really is not able to be defended So they received a notice that their Independents or members of any special in- because the implications of the side ef- insurance is being discontinued due to terest group, but as concerned taxpayers. We fects have been devastating to many, the Affordable Care Act. urge of all of our elected representatives to and especially to Americans who have Listed below are the options which are vote against this administration’s health gotten their insurance canceled and most similar to my current coverage: care plan. The nonpartisan Congressional Budget Office has estimated that the cost find their only choice is more expen- Now, instead of an 80/20 copay, it is a will be more than $1 trillion over 10 years sive insurance, higher copays, and 70/30 copay, so the copay is higher. and we know from experience that it will higher deductibles. But for families all There is a $2,000 deductible. So instead cost far more than any government esti- across the country, when a mother of a $1,000 deductible, that doubled. mate. finds she cannot take her child to that Now it is a $2,000 deductible. There is a Well, these stories go on, and I know pediatrician—the one who has known $9,000 out-of-pocket maximum, com- I have colleagues who are waiting to that child since the baby was born— pared to what this individual had be- speak, as well, during this time slot. So now, because of the health care law, fore, which was a $4,000 out-of-pocket rather than continue to go through she cannot take her child to that pedi- maximum. So it more than doubled the these letters—and I have many more; I atrician, they cannot go to the hospital out-of-pocket maximum. There is a brought more than I anticipated read- in their community; they have to drive monthly premium of $1,625. That is ing today—I will come back again and distances, instead, because of the compared to an $809 premium. So the read some more of these. health care law, which was intended to premium doubled. So for a higher But I want to conclude with what I help people but has ended up hurting, copay, for a higher deductible, for a believe is the right approach, and I in my opinion, more people than it has higher out-of-pocket maximum, they think it is something Republicans are helped. are paying double the premium. If they talking about and have been talking I thank the Presiding Officer. wanted to go to another policy, it was about and will continue to talk about. I yield the floor. So when we come down and say the Af- The PRESIDING OFFICER. The Sen- an even higher deductible. The individual goes on to say: fordable Care Act is not working, do ator from North Dakota. not just take our word for it. Listen to We are NOT eligible for Tax Credits be- Mr. HOEVEN. Madam President, I the people from across this country rise to speak with regard to cause my employer offers affordable health coverage. who are writing to us and telling us ObamaCare. The good Senator from their very real stories. Sometimes you So because the employer offers a pol- Wyoming made compelling points, as hear: Well, but you don’t have a solu- icy, this individual is not eligible for did the Senator from Indiana before tion. That is wrong. We do. We abso- him. any tax credits. lutely have a solution, and we have What I would like to do is to start for At this point my best option is to obtain talked about it over and over on this a minute by reading from some letters my employer’s health coverage. However floor and in every other venue where I have received from constituents in Open enrollment is not until August 2014. my State with regard to ObamaCare or someone is willing to listen. So the individual has to wait until We need to implement a comprehen- the Affordable Care Act. These are August. sive approach, and we need to do it on from hard-working people who are try- My HR department along with my current a step-by-step basis so people under- ing to figure out what to do about their Insurance Specialist has contacted [Blue stand it and know exactly what we are health insurance with ObamaCare in Cross Blue Shield] and asked that this be putting in place. It needs to be an ap- place. I think really those are the considered a ‘‘Life Changing Event’’ so I can proach that empowers people to make voices that speak louder than any oth- join the employer plan by the May 1st dead- their own choices—their own choices— ers—the voices of people from across line. They will not classify it as such. I about their health care insurance and this great country who live in all of asked if I could pay some type of early sign their health care providers. Again, I our States—and they are writing to on fee. They indicated that is not an option. So if I cannot join my employer’s plan, my want to repeat that: They choose their Members of this body and say: Hey, BEST options for coverage are those options own policy and their health care pro- here is what I am experiencing. So this listed above— viders. is not just coming down and expressing The ones I just read— It includes market-based reforms an opinion on the Affordable Care Act. that promote competition, that will This is what people are saying. This is which are at best a 37% increase— ‘‘[A]t best a 37% increase’’— help increase choice, not reduce choice, what they are telling us. I think it is and competition that will help bring very important we take the time to lis- in monthly premium with a 110% or more in- crease in deductible and out of pocket max. prices down, not see them continue to ten and to understand the very real dif- spike higher. It includes aspects such So let me say that one more time. ficulties they are having with some- as tort reform, to reduce the cost of This individual’s best options now with thing that is so vitally important to all health care. It includes allowing insur- of us, and that is health insurance. the Affordable Care Act are a 37-per- ance companies to sell policies across I would like to start by reading some cent increase in the monthly premium, State lines. It includes expanding of these letters. The first one is from with a 110-percent or more increase in health savings accounts, so individuals somebody who lives in the Fargo area. the deductible and the out-of-pocket can combine high-deductible health They start out: maximum. care policies with a tax-deductible sav- I live in West Fargo and my Employer is Then the individual finishes: ings account. It includes reform of based out of South Dakota. Do you see my frustration? In 2011 I obtained my own Family Health Medicare and Medicaid, to give States Care Insurance due to a job change and my This is just one of the letters we have more control and to encourage the new employer’s Health Care coverage seemed received, but it is representative of so kind of reforms that will improve serv- excessive. In doing this I found coverage as many others. ice, improve outcomes, and reduce follows: How can that be an affordable care costs. So they signed up for a policy that is act? How is that affordable care? That is the kind of approach that an 80/20 copay, with a $1,000 deductible, Here is another one. truly serves the American public. That

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S3011 is the kind of approach we will con- offering health insurance next year. Of you to sign up for $10,000, $15,000 or tinue to work, on behalf of the citizens course, that is the result of $20,000 in loans so that you can start of our respective States in this great ObamaCare. We have all heard the rea- your class on Monday. There you sit Nation, to put in place. sons why many companies are aban- with $20,000 in loans to start your class With that, I see my esteemed col- doning offering health care to their on Monday. You are 19 years old. league from the great State of Mis- employees. Be that as it may—and Wait a minute. Mom and dad have to sissippi is in the Chamber. I yield for there is a lot of reasons for that, none cosign them with you. That is not un- the good Senator. of which are good—these people are usual. So now it is a family debt. I had The PRESIDING OFFICER. The Sen- caught in this spot. a press conference in Chicago on Mon- ator from Mississippi. Right now, through her husband’s day. This wonderful woman came in Mr. COCHRAN. Madam President, business, they are paying $700 a month. and told the story about how she and my impressions of the so-called Pa- They get 80-percent coverage for that her husband with two sons were deter- tient Protection and Affordable Care $700 a month. Their deductible is $2,500 mined to get them both through col- Act are that it is too costly, too com- each. They are told, through the ex- lege. But she has not been able to do it. plex, and too intrusive. change, through which they have Do you know why? Because the first Small business owners in my State shopped in Idaho, that the new cov- son took 5 years. She and her husband have been particularly vocal about erage they are going to get is going to had to borrow the money to get him having to choose between making pay- cost them $1,400 a month. So that is ex- through school—good schools. But it is roll or paying the increasing costs of actly double what they are paying now. so much debt for their family that they insurance. One would think you would get dou- cannot even consider allowing their Many small business owners would ble benefits, right? Wrong. Because of other son to start college yet. He is like to provide health insurance for the government involvement in this, waiting for his turn. their workers but are finding the pre- instead of 80-percent coverage, they are That is where we are in America mium costs are just too expensive. A going to get 70-percent coverage. In- today when it comes to college edu- small business owner in Hattiesburg, stead of a $2,500 deductible, they are cation. If you did not happen to be for example, who in the past paid 100 going to have a $5,000 deductible. wealthy or so smart that you get ev- percent of the premiums for his em- Well, who are these people? They are erything paid for, and you are stuck in ployees was recently informed of a 21- ordinary, regular American people. the middle with working and middle- percent increase in these costs. He is They are 60 years old. They do not income families, you are facing debt having to choose between reducing qualify for a tax subsidy. They tell me challenges families have never seen in staff or shifting the health insurance that now the cost of their health insur- the history of the United States. costs to his employees. ance is going to be three times what There are 1.7 million Illinoisans— Another constituent from they are paying for the cost of their that is more than 10 percent of our pop- Southhaven reported to me that his house. They told me: Senator, we are ulation or almost 15 percent of the pop- son’s work hours were cut to fewer not extravagant people. We live in a ulation of the State of Illinois—who than 30 per week so that his employer 1,400-square foot house. We do not take have outstanding student loan debt—15 would not be forced to purchase insur- vacations, never bought a new car, percent. That is 1 out of 6, 1 out of 7 ance coverage. With his hours reduced, raised our kids, and saved for their people in my State with student loan he cannot afford the private insurance educations. Both of us went to college. debt. that he had hoped to be able to pur- They talk about how they taught Nationally, there are 40 million bor- chase. their children to pay their taxes and to rowers with more than $1 trillion in The administration has struggled to work hard and be contributing mem- student loan debt. On the average, implement several of the health care bers of society. graduates of the class of 2012 left with law’s mandates. Billions of dollars have The PRESIDING OFFICER. The time $28,000 in debt. But the individual debts been spent on a flawed enrollment sys- controlled by the Republicans has ex- are often much higher. I have had stu- tem that has not made significant pired. dents whom I have invited to come to progress in reducing the number of un- The PRESIDING OFFICER (Mr. my Web site and tell me their story. It insured Americans. The stories I have BROWN.) The Democratic whip. is heartbreaking. heard from my State confirm for me Mr. DURBIN. How much time do we These students have debt of over that the Affordable Care Act is an have on the Democratic side? $100,000 with a bachelor’s degree. God unfixable and expensive mess, and it The PRESIDING OFFICER. The forbid they went to one of those for- should be repealed. Democrats control the next 45 minutes. profit colleges or universities. You I suggest the absence of a quorum. COLLEGE AFFORDABILITY know the ones I am talking about. The PRESIDING OFFICER. The Mr. DURBIN. Madam President, this They are the ones that absolutely in- clerk will call the roll. week Democrats are going to continue undate you with advertising. The assistant bill clerk proceeded to the conversation about college afford- You cannot get on a CTA train or bus call the roll. ability. I was joining Senator ELIZA- in Chicago without getting hit between Mr. RISCH. Madam President, I ask BETH WARREN of Massachusetts, JACK the eyes with all of these for-profit col- unanimous consent that the order for REED of Rhode Island, AL FRANKEN of leges, for-profit schools. The biggest the quorum call be rescinded. Minnesota and many others—in fact, 24 ones: The University of Phoenix, The PRESIDING OFFICER. Without others, to introduce the Bank on Stu- Kaplan, DeVry, just to mention a few. objection, it is so ordered. dents Emergency Loan Refinancing It is a different category. These are not Mr. RISCH. Madam President, I come Act. the public colleges and universities. to the floor today to talk about a case Why are we talking about student They are not even private colleges and involving ObamaCare and an Idaho loans? Ask working families; ask their universities. They are for-profit resident. She has asked me to state her kids why we are talking about it. Be- schools. case. It is one of many such cases that cause there is more student loan debt Believe me, they make a profit. What I have. I did not pick this one because in America today than there is credit is the difference between for-profit it is the most egregious or anything card debt. It is huge. It is growing. If schools and community colleges, the else. I picked it because this is an ef- you finished college a few years back University of Illinois, DePaul Univer- fect that ObamaCare is having on ordi- like me and had a student loan that sity, Georgetown University? The dif- nary American people, people who de- worried you, you would not believe ference is this. As a category, for-profit serve better, people who deserve a gov- what students are facing today. colleges and university have 10 percent ernment that will help them and will The average student coming out of of the high school graduates going to leave them alone when leaving alone is college: $25,000 in debt. Imagine sitting school, like the ones I mentioned. But the right thing to do. down at the desk in the college admis- they receive 20 percent of the Federal She writes to me and says that her sions office at age 19 as they push the aid to education. Why? They are so husband’s company will no longer be papers across the desk to you and ask darned expensive. That is why. The

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S3012 CONGRESSIONAL RECORD — SENATE May 14, 2014 students who sign up for these into payments all retiring interest and minimum income tax charge for mil- schools—these glamorous schools with not retiring the principal. The interest lionaires so they pay at least as much all of the marketing—end up signing up just keeps piling up. God forbid you of an income tax rate as their secre- for more debt than you can imagine— miss a payment. It is awful. taries. Does it sound radical? I don’t twice the debt of students that go to The bank on students refinancing think so. I think it sounds reasonable most other schools. bill, which Senator ELIZABETH WARREN, and so does Mr. Buffett. But here is the kicker. Here is the JACK REED, and myself are bringing to We take the revenue that comes in one the for-profit colleges and univer- this floor, will help current borrowers from charging the millionaires—that sities do not want to talk about: 46 per- take advantage of what we have in low we just talked about under the Buffett cent of all the student loan defaults or interest rates right now. Those with rule—and we apply it to the refi- student loan failure to pay off their Federal loans can refinance at the nancing of college debt. That is how we loans—46 percent of them—students lower rate, the same rate as students achieved this. That is how we get it from for-profit colleges and univer- who are taking out their first loans done. sities. this year: 3.86 percent for under- This bill would help people such as Set that aside for a minute. As awful graduate Direct Loans; 5.41 percent for Grace Steging. She is from Champaign and scandalous as that is in this coun- graduate loans; 6.41 percent for PLUS and just recently wrote me a letter. try—the exploitation of these students loans taken out by the student’s par- She took out a $33,000 Federal student and their families by schools which ents. loan to get a degree in special edu- Now, you are going to say: Those are many times offer worthless diplomas, cation, and she is just completing her not rock-bottom interest rates. Believe worthless degrees, and absolutely no first year as a teacher in a low-income me, they are a bargain in every cat- ticket to a job—as bad as that is, let’s school district in Central Illinois. In egory here against what these students talk about the bigger picture, 90 per- her letter she said: ‘‘I am shocked and are facing today in paying off old debt. cent of the other college students and distressed at the way my student loan Many students will find their interest what they are facing. debt continues to multiply even rate on their loan cut in half. What They are borrowing money right and through I graduated a year ago.’’ does it mean? Those of us who bor- left. They are sinking themselves, and She tells me she made her payments many times their families, more deeply rowed some money in life to buy a home or buy a car, a change in the in- faithfully each time every month, but in debt than they ever imagined, and even so her payments continue to rise they have no idea what they are get- terest rate of 3 or 4 percent gives you a chance to finally start reducing the as the interest rate accrues. It is a ting into. You see, student loan debts shame that even with a degree from a are not like other debts. It is not like principal. That is what we want to do, so that this debt can be put behind respected school and a good, secure job, you borrowed money for a house, a car, Grace can’t save money and she can’t a boat or a temporary loan to get by. these people. Those who have private loans, many keep up with her student loans. She Student loan debt is one of the few wrote and said: debts in America not dischargeable in of which have sky-high interest rates, bankruptcy. few protections for borrowers, at least Senator, I am not a banker or a business- person, I was born to teach. . . . Shall I What does that mean? No matter how in the version of the bill we have intro- duced, can refinance into Federal loans teach my students to follow their dreams or bad things get for you or your family, to follow the money? no matter what economic tragedy with lower rates and stronger con- It is a good question. Reasonable bor- comes your way, if you end up in bank- sumer protections. You ought to hear rowing has always been part of getting ruptcy court and try to clear the table what these collection agencies do to a higher education for many Ameri- and start over, you will never, ever be students and their families when they cans. I know this story personally be- able to discharge your student loan do not pay on these loans. You think you have had some problems on the cause I was a beneficiary. debt. Oh, there is an extreme circumstance telephone with people calling and The National Defense Education Act when you can. It is so extreme it al- harassing you. They never quit. They was passed in this Chamber in 1958, most never happens. So a student loan need their money. They want their when Congress was scared to death. debt is a debt for a lifetime. You will money. They will not let you go no Scared by what? Scared by a basket- either pay it off or you will carry it to matter what your circumstances. ball-size satellite that the Russians This bill will allow young people to the grave. They actually execute— had launched called Sputnik, and it lower their payment by hundreds of these debt collectors—on grandmothers was beeping as it went around the thousands of dollars a year. They have on Social Security. I am not making it world. We thought it was the end of life a chance to actually get ahead on their as we knew it because we knew the up. Grandma wanted to help her grand- debt. What is more, the bill we are of- daughter. She cosigned a student loan. Russians had the bomb. Now they were fering is fully paid for. Here is how we in outer space and we weren’t—1957. The granddaughter dropped out of pay it. You know the name Warren school, never paid back the loan, de- So this Chamber met with the House Buffett, third or fourth wealthiest man and said we have to do something. One faulted. They went after granny’s So- in America. I happen to know him. He cial Security check on the student of the first things we are going to do, comes by and has lunch with us from we are going to get more Americans in loan. That is what we are talking time to time and talks about business about. college. We need better trained, better and investments. educated Americans to fight the Sovi- That is why we have to change it. But the one thing he wanted to talk ets and to make sure we don’t lose the That is why the Democrats have come about the most was something that he space battle. forward on this side of the aisle. We are thinks is fundamentally unfair. Do you Along came the National Defense waiting for our first Republican to join know what it is? Warren Buffett came Education Act, and it opened the door us, to do something about refinancing in here and said: Why is it that Warren college debt in America, to at least Buffett, the billionaire, has a lower in- for me to borrow the money to go to bring down the interest rates, to allow come tax rate than his secretary? college and law school and pay it back students to consolidate their loans at Why? It is not fair. And it isn’t fair. over 10 years with 3 percent interest. lower interest rates, so that they will Because when profits in life—his in- I paid it back. I didn’t think I could pay less in interest. come in life—come from capital gains, because it seemed like a huge amount That poor family I told you about it is treated at a lower tax rate than of money at the time. I will not tell from Chicago where the mother came ordinary income, which his secretary you the amount because it will date and testified, they could not let the receives. me, but I will tell you today students second son start college because they So Warren Buffett has said: For good- don’t face the same circumstances. The had never paid off the debt on the first ness’ sake, I shouldn’t pay a lower tax debt they face is so dramatic. son and could not see how they would. rate than my secretary. Jon and his wife from Chicago re- Year after year they were churning So we put in what is called the cently contacted my office. They both thousands and thousands of dollars Buffett rule, so there will be at least a went to great, not-for-profit public

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S3013 schools for their undergraduate stud- ability, a bill that would give colleges I mentioned innovation and manufac- ies. Jon went on to law school. His wife financial incentives not to overload turing in particular as two of the poli- went on to medical school. students with debt. cies this broader package helps pro- Jon is a first-year lawyer in a firm. We have also introduced the Student mote. I would like to discuss two im- His wife is in her second year of med- Loan Borrowers’ Bill of Rights Act. I portant bipartisan policies in this ical residency. They received good edu- think there ought to be an open, com- package, bills that have been rolled cations from respectable schools and plete disclosure to students about the into the extenders package that can do now they have jobs in their fields. debt they are getting into. If there is a a lot of good for startups and for inno- Let me tell you what else they have. better alternative, taking government vative small manufacturers and for They have a combined student debt, loans that you can consolidate at a firms that invest heavily in the re- Jon and his wife, of $300,000 on student lower interest rate as opposed to a pri- search and development that is needed loans. They pay $1,300 a month in stu- vate loan which rips you off with a to yield groundbreaking discoveries dent loan payments. Thankfully, they high interest rate—some of this is very and steadily grow manufacturing em- will participate in the Federal income- basic. ployment in the United States. based repayment program, which mod- Senator HARKIN and I introduced a R&D, research and development, is erates their payments, but here they bill to bring better coordination and the cornerstone of any competitive are, just starting out, maybe with a focus to Federal oversight for for-profit company, and I would suggest country. family and a $300,000 debt. colleges and universities. It is called In the 21st century for us to have and How can they buy a house? They the Proprietary Education Oversight sustain an innovative economy, it is have explored it. No bank will come Coordination Improvement Act. It is a certainly the cornerstone of our Na- near them to even loan them the long title for a bill that basically is tion’s future. That is why, for a num- money for a house. That, to me, is trying to come to grips with the scan- ber of years, bipartisan majorities in what is disgraceful—not only that dalous behavior of for-profit colleges Congress have supported the R&D tax these students end up coming out of and universities. credit so innovative companies are school in debt, they are postponing For too many young Americans, the incentivized to keep investing in criti- their lives. They are postponing mar- promise of a fair shot at affordable col- cally needed R&D, in new ideas, and in riage, children, homes, and cars. lege education has become a long shot. new products, but there has long been a Many of them are moving right back That is not the American way. We problem with the structure of the R&D in with mom and dad in that basement want to have an educated generation credit. It doesn’t reach early stage apartment, because dad just came out prepared to lead this country. They startup companies, those that are most of retirement to help them pay off the cannot do that saddled with debt and innovative and those that have the loan. I am not making this up. These going to worthless schools. greatest promise to grow. are real stories that I run into. It is time for this generation to step As the GAO has reported, over half of One of the other ones I mentioned up, allow these students to refinance the current R&D credit goes to firms earlier, Hannah Moore—or at least I their debt to get their lives back in making over $1 billion. Although they want to make a reference to Hannah order and to start looking ahead with are important as well, it has become Moore. I spoke about her on the floor. some promise and hope and get their clear we are missing an opportunity to She is from Chicago and what a sweet parents out from under the debt burden incentivize the most innovative, small- young lady. She made a fatal mistake. they assume with their kids. Stop the est startup companies, especially in She went to one of these for-profit col- rip-offs that are coming from these for- manufacturing, an industry that I leges in Chicago called the Harrington profit colleges and universities and put know invests a huge amount in R&D College of Design—great advertising if an end to some of the rip-offs, even by but has had a challenging environment you have seen it. Do you know what semigovernment agencies. competitively and globally in the past her reward for pursuing the American All of these things have to come to decade because the R&D credit is a dream by seeking a college education an end, and it will only happen if we do credit and not a tax—and is a credit at this for-profit school was? It was it—and it will only happen if we do it only if you have a tax liability, only if $124,570 in student debt, much of it in on a bipartisan basis. your company is profitable. A private loans for what is basically a I hope my colleagues, particularly on preprofitable company can’t access it. worthless—worthless—diploma from a the other side of the aisle, will join our If you are a small business that pays for-profit college. efforts. AMT, while there are many credits you Her story isn’t unique. I just saw her I yield the floor. could claim, the R&D isn’t one of last Monday and her debt has gone up. The PRESIDING OFFICER. The Sen- them, even though it is so important to It is now over $150,000. This poor, at- ator from Delaware. our commitment. This leaves out firms tractive, smart, and determined young TAX EXTENDERS at the early stage, where they are fac- woman doesn’t know where to turn. Mr. COONS. I come to the floor to ing the highest risk of failure but who Her life looks like a brick wall when speak about a real opportunity that we are also the kind of technology-fo- she looks ahead. I think she is 30, have this week in this Congress and in cused, early stage, high-growth, high- maybe 32. this Senate to come together in a bi- potential businesses that have gen- Can you imagine. This is what she partisan way to adopt measures that erated more net jobs than any other has in store, having thought she did will actually create jobs and help grow area of our economy in this century. the right thing, went to that college our economy. These firms, that are sometimes and got this degree which she thought This week we are considering tax ex- called gazelle firms, are young innova- was worth something. It turned out it tenders, a package of bills that can do tive businesses with the potential to wasn’t. a lot of good for the middle class, our explode in size and create hundreds or The Federal Reserve Bank in New economy, and our Nation. Together, thousands of jobs. Think of Steve Jobs York warns us student debt isn’t just a various proposals in the tax extenders and Steve Wozniak in a California ga- student problem, it is a national prob- would spur investment in manufac- rage starting what would become Apple lem. It threatens Americans in terms turing, clean energy, and innovation, or think of Rick Birkmeyer or Ray Yin of investing in our future, investing in make it easier for families to afford a in Delaware, my home State. homes, investing in businesses, and it home or to send their children to col- Rick Birkmeyer is an entrepreneur even threatens their future retirement lege, open career pathways for vet- who has started a number of successful security. Hannah’s father had to come erans, and bring investments in jobs to biotech companies in the Delaware re- out of retirement to help pay off the communities in need. They recently gion. He is someone with a reputation bills. passed by a voice vote out of the Fi- as a leader in his field. Even so, raising In addition to last week’s refinancing nance Committee in the Senate, send- capital for a new startup venture is al- proposal, Senators WARREN, JACK ing an important signal that we can ways a challenge. Rick today is the REED, and I have several proposals to come together, Democrats and Repub- founder of CD Diagnostics, a leader in address student debt and college afford- licans, to move our economy forward. biomarker research and biochemical

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S3014 CONGRESSIONAL RECORD — SENATE May 14, 2014 test development that makes tests to them get through a critical, early today to be a Member of this body as tell if a joint is infected or merely irri- stage period. two different Senators, who are strong tated. These tests would help ortho- Mr. PAT ROBERTS, Republican Sen- supporters of law enforcement, came to pedic surgeons determine if surgery is ator of Kansas, has also worked with this floor in an attempt to move for- needed and avoid a great deal of expen- me, as well as with Senators ENZI and ward important pieces of legislation sive and sometimes unnecessary ex- SCHUMER, on a revision to the R&D only to have that effort blocked. ploratory procedures. The company is credit that isn’t available to firms, Earlier today Senator PATRICK only a few years old and began with mostly small businesses, that pay the LEAHY, the President pro tempore and one employee. Today they have 82 and AMT, so we changed that as well. Both the chair of the Judiciary Committee, believe they will have well over 170 in of these provisions have been adopted came to the floor to seek unanimous just 2 more years. into the tax extender package. consent to move forward the Federal Exponential hockey stick-like I also wanted to mention the first bulletproof vest partnership reauthor- growth such as this is great, but if he one I referenced, the Startup Innova- ization bill that came out of the Judi- and his company were able to use the tion Credit Act, was also supported and ciary Committee, and Senator BEN R&D credit before they reach profit- has been moved forward with contribu- CARDIN of Maryland came to the floor ability, they would be able to hire tions by Senators RUBIO, BLUNT, STA- to seek unanimous consent to move more people, grow more quickly by in- BENOW, MORAN, and KAINE. forward with the bipartisan Blue Alert vesting in equipment, and get products This is a terrific way for us to find a bill. I am a cosponsor of both bills. to market faster. path forward for companies that are Both have very broad support within Another young Delaware company still too early in their development to the law enforcement community, and that would benefit from the tax credit pay employment taxes but to use a fix both are bipartisan bills. Yet, in each is ANP of Newark, DE. I sat next to its that allows them to claim the R&D case, one Senator—one Senator—ob- CEO Ray Yin at the Wesley College credit against employment taxes when jected to our proceeding to consider- graduation this weekend, where he they aren’t yet paying income taxes. ation of these bills. This kind of credit has been used be- gave the keynote address. Ray’s com- I want to share with those of us here fore in States such as Iowa, Arizona, pany, ANP, began with just one em- in the Chamber that earlier today, at a New York, Connecticut, and Pennsyl- ployee—him. Today it is a leader in hearing in the Judiciary Committee vania. And they have been game chang- making nanotherapeutics and in bio- considering again the value and the im- ers—helping new firms to open their defense technology that is affordable, pact of the Federal bulletproof vest doors, to hire more workers, and to wearable, and easy to use, whether partnership, we had a chance to hear keep their doors open. By allowing testing against biochemical agents in from Officer Ann Carrizales from companies to claim the R&D credit the war setting or food-borne illnesses Texas, who gave riveting, moving testi- against either the AMT or their payroll or water contamination at home. mony about how a bulletproof vest, tax obligations, we don’t pick winners Both of these two companies make provided to her by her smalltown de- and losers and we don’t focus on a spe- terrific, compelling, technology-based partment in Texas, saved her life when cific area of the economy or tech- products, have managed their cash she was shot at point-blank range in a nology. What we are doing instead is well, and are great examples of how to routine traffic stop very early in the supporting any private sector firm that run a startup. But for each of them invests in research and development. It morning. Today her husband would be they went through a very demanding means cash in the pockets of small a widower and her daughter an orphan period from their first capital invest- startup companies, which can make a were it not for this vital Federal-State- ment to when they had reliable rev- critical difference, especially when fi- local partnership that has provided enue coming in. That is often called nancing and credit are tight. more than 1 million bulletproof vests the valley of death or the gap between Together, these bipartisan proposals over the many years it has enjoyed launch and sustainability. They would can do a lot to put more Americans to broad bipartisan support. be farther along, more mature, and work today unleashing the innovations With us this morning were two Dela- more robust if they had been able to that will create the jobs of tomorrow. I ware Capitol police officers, Sergeant access the R&D credit with their early believe the Federal role in research and Mike Manley and Corporal Steve Rine- expenditures. innovation is fundamental. It is also hart. With them as well was Chief Over the past few years I have been bipartisan. Horsman of the capitol police depart- working diligently with a group of fel- I thank my colleagues on both sides ment. Both of these brave officers were low Senators, Republicans and Demo- of the aisle for their partnership and on duty in the lobby of the New Castle crats, to find ways that we could work collaboration. I specifically thank the County courthouse last year when a together to reshape and target a por- chair of the Finance Committee Sen- gunman entered the chamber and tion of the R&D credit to make it ac- ator RON WYDEN for his leadership in started firing at random. They were cessible to these sorts of early stage ensuring that the tax extenders pack- both shot, and they both survived be- companies. age is available for us to consider now cause of bulletproof vests provided to I want to give particular credit to on the floor, that these provisions were them in part through this Federal- Republican Senator MIKE ENZI of Wyo- included, and for his support for mov- State partnership. ming, who has been tireless and ing forward on these vital job-creating We cannot let down the men and thoughtful. We have not always proposals. women of law enforcement. We should agreed—we come from quite different Now let’s work together in this not let partisan politics and ideology political perspectives—but his invest- Chamber to move across the finish line in this Chamber prevent us from mov- ment of time and thoughtfulness in and get the job done so America can ing forward in a bipartisan way to de- crafting the final outcome of the Start- get more of our best people to work. liver the officer-safety investments and up Innovation Credit Act is worthy of I thank the Chair. improvements that have already thanks and a compliment. SUPPORTING LAW ENFORCEMENT cleared the Judiciary Committee, that Senator SCHUMER on the Finance Mr. President, I come to the floor already have bipartisan support from Committee has helped move the R&D today to recognize the men and women both sides of the aisle, and allow one credit revision forward into the tax ex- of law enforcement across this Nation individual to continue to hold up these tenders package. in the annual police week ceremonies. important bills. Manufacturing Jobs for America is a From last night’s candlelight vigil to It is my call to my colleagues that broader initiative that more than 26 tomorrow’s wreath-laying ceremony, we work tirelessly together to make Senators have participated in that in- we here in the Capitol offer our grati- sure we overcome this needless ob- cludes more than 33 bills. This bill, the tude, our thanks, and our support to struction and move forward this week Startup Innovation Credit Act, is one the men and women of law enforcement to honor the service and sacrifice of of them, one of many bipartisan bills and their families. those 268 law enforcement officers that can help manufacturers to grow, I wish to comment for a few moments whose names have been added to the can help them to invest, and can help today on how difficult it was earlier memorial this year and the hundreds of

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S3015 thousands of others who even today, is fed by memories of the Cold War— I would like to take a few minutes even tonight will be on patrol keeping obsolete, even ancient memories given this evening to lay out what a coher- America safe. how fast the world has changed since ent, thoughtful approach to the crisis I thank the Chair. 1991. But the President’s critics, fueled might look like and how, in fact, the With that, I yield the floor, and I by these largely irrelevant memories, actions of the Obama administration suggest the absence of a quorum. insist that when Russia acts, we must largely follow this pretty simple out- The PRESIDING OFFICER. The meet fire with fire—crippling unilat- line. clerk will call the roll. eral sanctions immediately, lethal First, as Ukrainian Prime Minister The bill clerk proceeded to call the arms for Ukrainian military, new mis- Arseniy Yatsenuk has been quick to roll. sile capacity in Eastern Europe. tell visiting dignitaries, the most im- Mr. MURPHY. Mr. President, I ask The problem is that this is a strategy portant help the United States can pro- unanimous consent that the order for for 1964, not 2014. Russia simply doesn’t vide is economic assistance, condi- the quorum call be rescinded. matter to us in the same way it used tioned on necessary reforms to show The PRESIDING OFFICER. Without to. They are a secondary world power the Ukrainian people that a Western- objection, it is so ordered. whose power is diminishing. Their de- oriented government can deliver pros- Mr. MURPHY. Mr. President, I ask mographics are catastrophic, their perity to their country. unanimous consent to speak for up to economy can’t survive the inevitable Russia has effectively invented a new 20 minutes. global energy revolution, and their en- form of warfare that is based on grad- The PRESIDING OFFICER. Without demic corruption is going to rot their ual provocation, where Putin uses psy- objection, it is so ordered. society from inside out. The invasions chological methods, intimidation, brib- ery, and propaganda to undermine re- CRISIS IN UKRAINE of Crimea and Eastern Ukraine are sistance so that firepower is rarely Mr. MURPHY. Mr. President, one of signs of Russian weakness, Russian in- security, not Russian strength. needed to get his way. But of course the protagonists of Leo Tolstoy’s epic these tactics only work on vulnerable ‘‘War and Peace’’ is the iconic Russian Last fall, two former Russian Repub- lics, Georgia and Moldova, refused Rus- countries with weak economies and a general Mikhail Kutuzov. Kutuzov was susceptibility to Russian overtures of brought out of retirement to be the sian overtures to join their nascent economic union and inked preliminary economic overlordship and corruption. commander in chief of Russian forces So the best way to repel Russian provo- during Napoleon’s invasion, and his un- agreements to join the European Union. Ukraine, at the last minute, cations is to strengthen the Ukrainian orthodox strategy confounded and frus- economy and government institutions trated his superiors and his underlings bowed to Russian bullying and refused to ink the same deal, but it set off a se- both for the short and long run. The $1 alike. He becomes convinced, as billion in loan guarantees authorized Tolstoy depicts, that Napoleon will ries of events that pushed Russia’s man in Kiev out of office. by Congress and the $17 billion loan ap- lose the war by overextending his In a panicked reaction, Russia in- proved by the IMF and brokered by the army. He believes by playing the long vaded, and the consequences have been United States are an important part of game he will exhaust and defeat the devastating. Russia’s economy is in that process, and the conditions im- seemingly invincible, unstoppable free fall, with nearly $70 billion of cap- posed—which include a floating ex- French army. ital leaving the country in just the last change rate, steep increases in gas tar- Tolstoy creates a fictionalized few months alone. No major institu- iffs, and budget reductions over the version of Kutuzov, of course, but one tional investors will touch Russia next several years—represent some of of the most famous passages from ‘‘War today with a 10-foot pole. To make the tough medicine necessary to get and Peace’’ is worth repeating here matters worse, Russia has been kicked Ukraine back on its feet. today. Speaking of those who doubt his out of the G8 and generally has become The United States hasn’t sat on the strategy, Kutuzov says: an international pariah, not allowed at sidelines when it comes to economic Patience and time are my warriors, my the table with major powers. Russia is aid to Ukraine. We have led from day champions. increasingly isolated at the United Na- one, and the results are impossible to Again, quoting from the book: tions. And things are going to get even deny. He [Kutuzov] knew that an apple should worse as the Europeans use this crisis Second, let’s recognize what military not be plucked while it is green. It will fall as a wake-up call to make themselves assistance makes sense and what mili- of itself when ripe, but if picked unripe the truly energy independent of Russian tary assistance does not make sense. It apple is spoiled, the tree is harmed, and your energy and also to reinvigorate NATO. makes sense to shore up our treaty ob- teeth are set on edge. Like an experienced ligations in Eastern and Central Eu- sportsman, Kutuzov knew that the beast was In ‘‘War and Peace,’’ Kutuzov goes on to say this of his critics: rope by positioning more troops in wounded, and wounded as only the whole places such as the Baltics and Poland strength of Russia could have wounded it. They want to run to see how they have and Romania. Just in case the Russians Whether or not this famous Russian wounded it. Wait and we shall see! Continual maneuvers, continual advances! What for? were thinking of trying to use these general ever shared this exact senti- Only to distinguish themselves! As if fight- types of destabilizing tactics in NATO ment, it is representative of a time ing were fun. They are like children from countries, make them think twice. But when the Russians better than anyone whom one can’t get any sensible account of remember that Ukraine is not a NATO on Earth knew how to play the long what has happened because they all want to ally; we have no obligation to defend game. How times have changed. show us how well they can fight. But that’s their sovereignty, and it is totally un- Over the past few weeks, I have lis- not what is needed now. realistic and indeed irresponsible to tened in agony to my Republican The story of ‘‘War and Peace’’ and think that we can make up for decades friends criticizing the Obama adminis- the Russian-French war is not entirely of military neglect and mismanage- tration for having no coherent policy a useful parallel to the current crisis in ment inside Ukraine with a few million regarding the current crisis in Ukraine. Ukraine or to the proper response of dollars of aid today. I come to the floor today to rebut that the United States. What is needed now Ukraine doesn’t need more small argument and also to add a few sugges- is much more than just patience and arms. Their problem isn’t that they tions on how the administration’s pol- time. But our response needs to be pro- don’t have them; their problem is that icy can be enhanced. portional to our Nation’s national se- they don’t know how to shoot them. I certainly understand the Repub- curity interests, not proportional to There is no way the Ukrainians can ef- licans’ frustrations. News of the ongo- Russia’s actions in their backyard. fectively utilize more sophisticated ing daily drama in Ukraine dominates That is why the administration is right weaponry like anti-tank and anti-air- the national news. Russia seems omni- to strongly support this new Ukrainian craft artillery. The only way they present, manipulating events on the Government without overreacting in a could do that is with military advisers ground by the hour, and there clearly way that could compromise our rela- standing side by side with Ukrainians, has not been a proportional pound-for- tionship with other nations or make and there is really no appetite here in pound response from the United States the situation worse, not better, on the the United States to commit personnel or the collective West. This frustration ground in Ukraine. to a ground war in Ukraine.

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S3016 CONGRESSIONAL RECORD — SENATE May 14, 2014 To be clear, I don’t offer these cau- So having primarily mounted a de- is certainly watching to see if nations tions because of a danger of provoking fense of the administration’s policy in pay a price when they reset their bor- Russia with an influx of U.S. arms. Ukraine so far today, I would make one ders through aggression rather than Russia is going to do what Russia is additional, significant suggestion for through diplomacy. But we ultimately going to do in Eastern Ukraine regard- amendment of this policy. I believe the won the Cold War by playing the long less of what small investment the highest levels of American foreign pol- game. We knew that if we held true to United States makes today in Ukraine. icy leadership, from the President, to democratic and free market values, the But I do worry that since any lethal the Vice President, to the Secretary of world would notice that an alliance assistance from the United States State, should make it clear today to with us was far more beneficial than an would have little to no effect on the Russia, right now, that if the May 25 alliance with the Soviet Union. That, ability of Ukraine to repel a Russian elections do not occur in a free and fair in fact, is the very reason for the cur- invasion, a Russian victory over the manner, we will hold Russia—and only rent crisis. The Ukrainian people re- Ukrainian army, backed by U.S. weap- Russia—responsible because if not for volted because they saw the value of a ons, would then be sold by Putin to his their interference, there can be no ex- Western economic and political ori- public as a Russian military triumph planation for why these elections could entation. We didn’t need to use intimi- over the United States. That is a truly not come off properly. dation or bribery or little green men; bad outcome, but that shouldn’t stop Further, we should make it clear we just showed them that our stuff is us from more quickly delivering non- that if the May 25 election is not al- better. lethal support to help bolster the lowed by Russia to be conducted ac- Of course, the irony is that the Rus- Ukrainian military in the short term— cording to OSCE electoral standards, sians used to be the kings of the long reasonable support such as body armor the United States will immediately im- game. Kutuzov let Napoleon march and communications equipment—that pose sectoral sanctions on the most im- into Moscow after clearing out the city balances our limited direct interest in portant Russian industries, including and leaving only about 10,000 people be- Ukraine with our humanitarian inter- but not limited to the Russian bank- hind. He strung out the French army est in saving lives. There is a middle ing, energy, and raw materials sectors. and left it ultimately helpless. ground between just sending a handful Hopefully, significant Russian inter- We don’t have to resort to the drastic more MREs and sending tanks or auto- ference in the elections would prompt tactics of this old savvy Russian gen- matic weapons, and we have had ample Europe to act with us in order to pro- eral. There are actions we can take and time to explore those options. tect our most important democratic have taken to support Ukraine and Over the medium and longer term we values, but we can’t wait for them any send a message to Russia. But we need to work with Ukraine to rebuild longer. Let’s make it totally, com- shouldn’t overinflate our national se- its military institutions that were ne- pletely, unequivocally clear today that curity interests in this crisis. We sim- glected for so many years by its leaders if the May 25 election doesn’t occur, ply do not need to win every battle to who were pilfering from the state rath- the United States will move toward in- win the war. And this body, the U.S. er than providing for the country’s de- dustry-level sanctions against Russia. Senate, built by our Founding Fathers fense forces. to see and play the long game for Third, focus, focus, focus on the May This is and can be a coherent, thoughtful U.S. strategy toward the America, should understand this fact. 25 elections. The Russians occupy doz- We aren’t the Russians in 1812. We ens—not thousands—of buildings in crisis in Ukraine: Support Ukraine eco- nomically. Strengthen NATO. Don’t must engage in a robust policy toward Eastern Ukraine. They have no hold or Ukraine that is much more than sim- influence on other sections of the coun- overreact with reckless military aid to the Ukrainians. Do everything possible ply time and patience, but that doesn’t try near and to the west of Kiev. mean there aren’t some important les- As part of the international effort, to make the May 25 election a success. Be clearer than current policy on what sons to be learned. the United States has committed mil- I yield the floor, and I suggest the ab- will trigger sectoral sanctions by the lions of dollars and thousands of hours sence of a quorum. United States. And then act if Russia of manpower into making sure the May The PRESIDING OFFICER. The 25 election is held in a free and fair doesn’t listen. clerk will call the roll. manner. The Russians will likely do ev- I get it that this isn’t all my Repub- The legislative clerk proceeded to erything possible to stop this election lican colleagues desire when it comes call the roll. from coming off. As of today they ef- to U.S. policy toward Ukraine, but Mr. BROWN. Mr. President, I ask fectively have no straw man in the overreacting to this crisis is just as unanimous consent that the order for race, and so more likely than not the bad, if not worse, than doing nothing. I the quorum call be rescinded. result will be a victory for a free, was in Kiev at the very beginning, The PRESIDING OFFICER (Mr. whole, sovereign Ukraine and a dam- standing on stage at the Maidan with BLUMENTHAL). Without objection, it is aging blow to Russia’s claims that Senator MCCAIN, urging the Ukrainian so ordered. Ukraine can’t govern itself. Our State people to demand more from their gov- EXPIRE ACT Department representatives in Ukraine ernment. I was here, advocating for a Mr. BROWN. Mr. President, I rise are working feverishly to help Ukraine robust U.S. response to support these today to urge my colleagues to pass conduct this election, and we have protesters. I believed, as I still believe, the tax extenders package that the helped deploy unprecedented resources the United States should be playing an Senate Finance Committee put forward from the OSCE to make sure Russia active role in this crisis, and I was which would reinstate a number of tax cannot dislodge this election from oc- making this argument before anyone provisions to help with job creation curring. That is American leadership else in this Chamber. But this isn’t the and to especially help homeowners and happening right now on the ground in Cold War. This is a fight in Russia’s workers get back on their feet. Ukraine. backyard, and the cold hard reality is Yesterday I spoke to United Egg Pro- Fourth, let’s be crystal clear on what that the stakes are just simply greater ducers which consists of a group of will lead to the next logical level of for Moscow than they are for us. And many family farmers and some larger U.S. sanctions, which would be indus- the world is no longer organized around farmers. My State is No. 2 in the coun- trywide, sectoral sanctions against the who is with the United States and who try in egg production, second only to Russian economy. We have moved de- is with Russia. The foundational para- the State of Iowa. I talked to Tom liberately so far because, wisely, Presi- digms of global security now are about Hertzfeld, Jr., and his son Jordan, who dent Obama has desired to move in rel- who has nuclear weapons and who are third and fourth generation egg ative concert with our European allies. doesn’t. Who is allied with the Shia farmers in Grand Rapids, OH, a com- But it is increasingly clear to me and and who is allied with the Sunni. munity not too far from Toledo in to many others that Europe is simply Where are the Islamist terrorists orga- northwest Ohio. not prepared to move at the pace nec- nizing and who is helping them. The farm has been in the family since essary to send a strong message to Rus- I don’t mean to say that unchecked 1959. They produce about 100,000 dozen sia about the consequences of their Russian action doesn’t have global con- eggs every day. It is a technical busi- continued aggression. sequences. It does. China, for instance, ness. The eggs go from the chicken to

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S3017 the carton and then into the cus- come. We have extended this tax for- Johnson (SD) Mikulski Scott Johnson (WI) Moran Sessions tomers’ hands. The production equip- giveness, if you will, in the past be- Kaine Murkowski Shaheen ment requires major investment. So cause Members of both parties recog- King Murphy Shelby when farmers like Tom need to buy nize there is still a critical need for it. Kirk Murray Stabenow new equipment, build new barns, and All of these items—as part of the tax Klobuchar Nelson Tester Landrieu Paul Thune acquire more property, they should be extenders package—help create jobs, Leahy Portman Toomey able to accelerate their writeoffs. put money in homeowners’ pockets, Lee Pryor Udall (CO) Bonus depreciation and section 179 pay for health insurance, and allow Levin Reid Udall (NM) Manchin Risch Vitter gives our small businesses the capital people to stay in their homes. As I Markey Roberts Walsh to invest in tools that are important said, it also creates jobs and is good for McCain Rockefeller Warner for them to expand, hire people, and our communities. It is important that McCaskill Rubio Warren make their communities more pros- we pass the tax extenders package as McConnell Sanders Whitehouse Menendez Schatz Wicker perous. soon as possible in this Chamber. Merkley Schumer Wyden As we help existing businesses ex- I note the absence of a quorum. pand, we need to focus on reviving in- The PRESIDING OFFICER. The NOT VOTING—4 dustries, especially manufacturing. We clerk will call the roll. Bennet Boozman Blunt Reed know wealth is created when we make The assistant legislative clerk pro- it, mine it or grow it. We do all three ceeded to call the roll. The nomination was confirmed. of those in a significant way in my Mrs. BOXER. Mr. President, I ask f State. Ohio is the Nation’s third larg- unanimous consent that the order for est manufacturing State, only behind the quorum call be rescinded. NOMINATION OF JOHN JOSEPH California, which is three times our The PRESIDING OFFICER. Without TUCHI TO BE UNITED STATES population, and Texas, which is twice objection, it is so ordered. DISTRICT JUDGE FOR THE DIS- our population. TRICT OF ARIZONA—Continued f The new markets tax credit will help The PRESIDING OFFICER. Under revitalize communities hit hard by NOMINATION OF STEVEN PAUL the previous order, the question now shuttered factories by leveraging tens LOGAN TO BE UNITED STATES occurs on the Tuchi nomination. of billions of dollars in private invest- DISTRICT JUDGE FOR THE DIS- Mr. LEAHY. Mr. President, I ask ments. We know what the new markets TRICT OF ARIZONA—Continued unanimous consent that all time be tax credit has done for development in Mrs. BOXER. Mr. President, I ask yielded back on the next two nomina- areas that are generally a little poorer unanimous consent that all time be tions. than most. We want to be able to tar- yielded back. The PRESIDING OFFICER. Without get manufacturing too, and that is The PRESIDING OFFICER. Without objection, the time is yielded back. what our Manufacturing Communities objection, all time is yielded back. The question is, Will the Senate ad- Investment Act does. Last year, for in- The question occurs on the Logan vise and consent to the nomination of stance, in Portage County, the commu- nomination. John Joseph Tuchi, of Arizona, to be nity of Streetsboro lost 300 jobs after Mrs. BOXER. I ask for the yeas and United States District Judge for the Commercial Turf Products shut its nays. District of Arizona? doors. Under the Manufacturing Com- The PRESIDING OFFICER. Is there a Mr. SCOTT. Mr. President, I ask for munities Investment Act, the city sufficient second? There appears to be the yeas and nays. could access financing to bring new a sufficient second. There is a suffi- The PRESIDING OFFICER. Is there a manufacturing businesses back to cient second. sufficient second? Streetsboro. The question is, Will the Senate ad- There appears to be a sufficient sec- For those workers who have lost ond. their jobs and benefits, the health cov- vise and consent to the nomination of Steven Paul Logan, of Arizona, to be The clerk will call the roll. erage tax credit, or the HCTC, needs to The assistant bill clerk called the be extended. The HCTC preserves a pro- United States District Judge for the District of Arizona? roll. gram that Ohioans—such as the Delphi Mr. DURBIN. I announce that the salaried retirees who worked hard and The clerk will call the roll. The assistant legislative clerk called Senator from Colorado (Mr. BENNET) played by the rules—know, understand, and the Senator from Rhode Island and trust. the roll. Mr. DURBIN. I announce that the (Mr. REED) are necessarily absent. Extending the tax credit for 2 years Mr. CORNYN. The following Senators is fiscally responsible. We should im- Senator from Colorado (Mr. BENNET) and the Senator from Rhode Island are necessarily absent: the Senator prove the HCTC and make it perma- from Missouri (Mr. BLUNT) and the nent, as I have proposed in the legisla- (Mr. REED) are necessarily absent. Mr. CORNYN. The following Senators Senator from Arkansas (Mr. BOOZMAN). tion that I have introduced with Sen- The PRESIDING OFFICER. Are there ators ROCKEFELLER, STABENOW, HIRONO, are necessarily absent: the Senator from Missouri (Mr. BLUNT) and the any other Senators in the Chamber de- and DONNELLY. At the very least we siring to vote? should renew this critical tax credit. Senator from Arkansas (Mr. BOOZMAN). The PRESIDING OFFICER. Are there The result was announced—yeas 96, Earlier this year I traveled across nays 0, as follows: Ohio and met with homeowners such as any other Senators in the Chamber de- [Rollcall Vote No. 148 Ex.] Hattie Wilkins from Youngstown, OH. siring to vote? She was laid off, fell behind on her The result was announced—yeas 96, YEAS—96 mortgage, and began the foreclosure nays 0, as follows: Alexander Coons Heitkamp [Rollcall Vote No. 147 Ex.] Ayotte Corker Heller process. Her bank—because it was in Baldwin Cornyn Hirono their interest too—forgave the $35,000 YEAS—96 Barrasso Crapo Hoeven she still owed, but Hattie and thou- Alexander Coats Franken Begich Cruz Inhofe sands of homeowners across the coun- Ayotte Coburn Gillibrand Blumenthal Donnelly Isakson Booker Durbin Johanns try face higher taxes if we don’t move Baldwin Cochran Graham Barrasso Collins Grassley Boxer Enzi Johnson (SD) to extend the Mortgage Forgiveness Begich Coons Hagan Brown Feinstein Johnson (WI) Tax Relief Act. Blumenthal Corker Harkin Burr Fischer Kaine In many ways it is a phantom in- Booker Cornyn Hatch Cantwell Flake King Boxer Crapo Heinrich Cardin Franken Kirk come. If it is a short sale or they get a Brown Cruz Heitkamp Carper Gillibrand Klobuchar principal reduction—as I was dis- Burr Donnelly Heller Casey Graham Landrieu cussing with Ohio realtors today—the Cantwell Durbin Hirono Chambliss Grassley Leahy Coats Hagan Lee homeowners never really get the Cardin Enzi Hoeven Carper Feinstein Inhofe Coburn Harkin Levin money for it, but they are hit with the Casey Fischer Isakson Cochran Hatch Manchin tax bill as if they had gotten that in- Chambliss Flake Johanns Collins Heinrich Markey

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S3018 CONGRESSIONAL RECORD — SENATE May 14, 2014 McCain Pryor Stabenow Blunt Hatch Murray The yeas and nays were ordered. McCaskill Reid Tester Booker Heinrich Nelson McConnell Risch Thune Boxer Heitkamp Paul AMENDMENT NO. 3089 TO AMENDMENT NO. 3060 Menendez Roberts Toomey Brown Heller Portman Mr. REID. I have a first-degree Merkley Rockefeller Udall (CO) Burr Hirono Pryor amendment at the desk. Mikulski Rubio Udall (NM) Cantwell Hoeven Reid Moran Sanders Vitter Cardin Inhofe Risch The PRESIDING OFFICER. The Murkowski Schatz Walsh Carper Isakson Roberts clerk will report. Murphy Schumer Warner Casey Johanns Rockefeller The legislative clerk read as follows: Murray Scott Warren Chambliss Johnson (SD) Rubio Nelson Sessions Whitehouse Coats Johnson (WI) Sanders The Senator from Nevada [Mr. REID] pro- Paul Shaheen Wicker Coburn Kaine Schatz poses an amendment numbered 3089 to Portman Shelby Wyden Cochran King Schumer amendment No. 3060. Collins Kirk Scott The amendment is as follows: NOT VOTING—4 Corker Klobuchar Sessions Bennet Boozman Cornyn Landrieu Shaheen At the end, add the following: Blunt Reed Crapo Leahy Shelby This Act shall become effective 1 day after Cruz Lee Stabenow enactment. The nomination was confirmed. Donnelly Levin Tester Mr. REID. I ask for the yeas and nays The PRESIDING OFFICER. The ma- Durbin Manchin Thune jority leader. Enzi Markey Toomey on that amendment. Feinstein McCain Udall (CO) Mr. REID. We are going to have one The PRESIDING OFFICER. Is there a Fischer McCaskill Udall (NM) sufficient second? more vote tonight. Starting at 11:15 to- Flake McConnell Vitter There appears to be a sufficient sec- morrow we could have up to five votes. Franken Menendez Walsh Gillibrand Merkley Warner ond. So that is it for tonight. Graham Mikulski Warren The yeas and nays were ordered. We have yielded back the time, but I Grassley Moran Whitehouse ask unanimous consent that Senator Hagan Murkowski Wicker AMENDMENT NO. 3090 TO AMENDMENT NO. 3089 MCCAIN be recognized for up to 1 Harkin Murphy Wyden Mr. REID. I have a second-degree minute. NOT VOTING—4 amendment at the desk. The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- Bennet Coons ator from Arizona. Boozman Reed clerk will report. The legislative clerk read as follows: Mr. MCCAIN. I would like to mention The nomination was confirmed. to my colleagues that with this vote The PRESIDING OFFICER. Under The Senator from Nevada [Mr. REID] pro- we will be making history in some re- poses an amendment numbered 3090 to the previous order, the motions to re- amendment No. 3089. spects. We should all be proud that this consider are considered made and laid The amendment is as follows: nominee, Diane Humetewa of the Hopi upon the table. Tribe, will be the first Native-Amer- The President will be immediately In the amendment, strike ‘‘1 day’’ and in- sert ‘‘2 days’’. ican woman to be on the Federal notified of the Senate’s action. AMENDMENT NO. 3091 bench. f I would appreciate a positive vote. It Mr. REID. I have a first-degree is a proud moment for her, her tribe, LEGISLATIVE SESSION amendment at the desk, and the and for Native Americans. amendment is to the bill. I yield the floor. The PRESIDING OFFICER. The HIRE MORE HEROES ACT OF 2014 clerk will report. f The PRESIDING OFFICER. The Sen- The legislative clerk read as follows: ate will resume legislative session. The Senator from Nevada [Mr. REID] pro- NOMINATION OF DIANE J. Under the previous order, the ques- poses an amendment numbered 3091 to the HUMETEWA TO BE UNITED tion is on agreeing to the motion to language proposed to be stricken by amend- STATES DISTRICT JUDGE FOR proceed to H.R. 3474. ment No. 3060. THE DISTRICT OF ARIZONA—Con- The motion was agreed to. The amendment is as follows: tinued The PRESIDING OFFICER. The At the end, add the following: The PRESIDING OFFICER. Under clerk will report the bill. This Act shall become effective 3 days the previous order, the question is, Will The legislative clerk read as follows: after enactment. the Senate advise and consent to the A bill (H.R. 3474) to amend the Internal Mr. REID. I ask for the yeas and nays nomination of Diane J. Humetewa, of Revenue Code of 1986 to allow employers to on that amendment. Arizona, to be United States District exempt employees with health coverage The PRESIDING OFFICER. Is there a Judge for the District of Arizona? under TRICARE or the Veterans Administra- sufficient second? Mr. BARRASSO. I ask for the nays tion from being taken into account for pur- There appears to be a sufficient sec- and yeas. poses of the employer mandate under the Pa- ond. tient Protection and Affordable Care Act. The PRESIDING OFFICER. Is there a The yeas and nays were ordered. The PRESIDING OFFICER. The ma- sufficient second? AMENDMENT NO. 3092 TO AMENDMENT NO. 3091 jority leader. There appears to be a sufficient sec- Mr. REID. I have a second-degree ond. AMENDMENT NO. 3060 amendment at the desk. The clerk will call the roll. (PURPOSE: IN THE NATURE OF A SUBSTITUTE) The PRESIDING OFFICER. The The bill clerk called the roll. Mr. REID. On behalf of Senator clerk will report. Mr. DURBIN. I announce that the WYDEN, I call up the substitute amend- The legislative clerk read as follows: Senator from Colorado (Mr. BENNET), ment No. 3060. The Senator from Nevada [Mr. REID] pro- the Senator from Delaware (Mr. The PRESIDING OFFICER. The poses an amendment numbered 3092 to COONS), and the Senator from Rhode Is- clerk will report. amendment No. 3091. land (Mr. REED) are necessarily absent. The legislative clerk read as follows: The amendment is as follows: Mr. CORNYN. The following Senator The Senator from Nevada [Mr. REID], for In the amendment, strike ‘‘3 days’’ and in- is necessarily absent: the Senator from Mr. WYDEN, proposes an amendment num- sert ‘‘4 days’’. bered 3060. Arkansas (Mr. BOOZMAN). MOTION TO COMMIT WITH AMENDMENT NO. 3093 The PRESIDING OFFICER. Are there (The amendment is printed in the Mr. REID. I have a motion to commit any other Senators in the Chamber de- RECORD of Tuesday, May 13, 2014, under H.R. 3474 with instructions. siring to vote? ‘‘Text of Amendments.’’) The PRESIDING OFFICER. The The result was announced—yeas 96, Mr. REID. I ask for the yeas and nays clerk will report the motion. nays 0, as follows: on that amendment. The legislative clerk read as follows: [Rollcall Vote No. 149 Ex.] The PRESIDING OFFICER. Is there a The Senator from Nevada [Mr. REID] moves YEAS—96 sufficient second? to commit the bill to the Committee on Fi- Alexander Baldwin Begich There appears to be a sufficient sec- nance with instructions to report back forth- Ayotte Barrasso Blumenthal ond. with with an amendment numbered 3093.

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S3019 The amendment is as follows: under rule XXII, the clerk will report to bring to a close debate on the nomination At the end, add the following: the cloture motion. of Stanley Fischer, of New York, to be a This Act shall become effective 5 days The legislative clerk read as follows: Member of the Board of Governors of the after enactment. Federal Reserve System. CLOTURE MOTION Harry Reid, Tim Johnson, Thomas R. Mr. REID. I ask for the yeas and nays We, the undersigned Senators, in accord- Carper, Richard J. Durbin, Tom Udall, on that motion. ance with the provisions of rule XXII of the Angus S. King, Jr., Mark Begich, Eliza- The PRESIDING OFFICER. Is there a Standing Rules of the Senate, hereby move beth Warren, Martin Heinrich, Patty sufficient second? to bring to a close debate on H.R. 3474, an act Murray, Tom Harkin, Robert Menen- There appears to be a sufficient sec- to amend the Internal Revenue Code of 1986 dez, Patrick J. Leahy, Benjamin L. ond. to allow employers to exempt employees Cardin, Charles E. Schumer, Heidi The yeas and nays were ordered. with health coverage under TRICARE or the Heitkamp, Mark R. Warner. Veterans Administration from being taken AMENDMENT NO. 3094 Mr. REID. I ask unanimous consent into account for purposes of the employer that the mandatory quorum under rule Mr. REID. I have an amendment to mandate under the Patient Protection and the instructions at the desk. Affordable Care Act. XXII be waived. The PRESIDING OFFICER. The Harry Reid, Ron Wyden, Angus S. King, The PRESIDING OFFICER. Without clerk will report. Jr., Richard J. Durbin, Robert Menen- objection, it is so ordered. The legislative clerk read as follows: dez, Mark R. Warner, Benjamin L. f Cardin, Robert P. Casey, Jr., Chris- The Senator from Nevada [Mr. REID] pro- topher A. Coons, Bill Nelson, Michael LEGISLATIVE SESSION poses an amendment numbered 3094 to the F. Bennet, Heidi Heitkamp, Barbara Mr. REID. I now move to proceed to instructions of the motion to commit to H.R. Boxer, Debbie Stabenow, Maria Cant- 3474. legislative session. well, Charles E. Schumer, Thomas R. The PRESIDING OFFICER. The The amendment is as follows: Carper. question is on agreeing to the motion. In the amendment, strike ‘‘5 days’’ and in- Mr. REID. I ask unanimous consent The motion was agreed to. sert ‘‘6 days’’. that the mandatory quorum under rule f Mr. REID. I ask for the yeas and XXII be waived with respect to both JUSTICE AND MENTAL HEALTH nays. cloture motions. COLLABORATION ACT OF 2013— The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Without MOTION TO PROCEED—Continued sufficient second? objection, it is so ordered. There appears to be a sufficient sec- The PRESIDING OFFICER. The Sen- ond. f ator from Oregon. The yeas and nays were ordered. JUSTICE AND MENTAL HEALTH EXPIRE ACT AMENDMENT NO. 3095 TO AMENDMENT NO. 3094 COLLABORATION ACT OF 2013— Mr. WYDEN. Mr. President, I wanted Mr. REID. I have a second-degree MOTION TO PROCEED to take a couple of minutes now to un- amendment at the desk. Mr. REID. I now move to proceed to derscore the importance of the Senate The PRESIDING OFFICER. The Calendar No. 92, S. 162. passing the EXPIRE Act now, and in clerk will report. The PRESIDING OFFICER. The particular to highlight what the cost of The legislative clerk read as follows: clerk will report the motion. inaction would be if the Senate fails to The Senator from Nevada [Mr. REID] pro- The legislative clerk read as follows: act. poses an amendment numbered 3095 to This legislation is critically needed amendment No. 3094. Motion to proceed to Calendar No. 92, S. because it is an essential tool to pre- 162, a bill to reauthorize and improve the vent a tax increase and particularly The amendment is as follows: Mentally Ill Offender Treatment and Crime In the amendment, strike ‘‘6’’ and insert Reduction Act of 2004. the kind of tax increase that will harm ‘‘7’’. our ability to create more good-paying f jobs—high-skilled, high-wage jobs. CLOTURE MOTION EXECUTIVE SESSION These are the jobs tied to innovation. Mr. REID. I have a cloture motion Without this legislation, for example, for the substitute amendment. what we would have is a new tax on in- The PRESIDING OFFICER. The clo- NOMINATION OF STANLEY FISCH- novation because we wouldn’t renew ture motion having been presented ER TO BE A MEMBER OF THE for a period of 2 years, as we work on under rule XXII, the clerk will report BOARD OF GOVERNORS OF THE tax reform, the research and develop- the cloture motion. FEDERAL RESERVE SYSTEM ment tax credit. This credit is abso- The legislative clerk read as follows: lutely essential because it is what is CLOTURE MOTION Mr. REID. I move to proceed to exec- used by the employers who are coming We, the undersigned Senators, in accord- utive session to consider Calendar No. up with innovative approaches to cre- ance with the provisions of rule XXII of the 768. ate more long-term employment for Standing Rules of the Senate, hereby move The PRESIDING OFFICER. The our country. This credit is used to help to bring to a close debate on the substitute question is on agreeing to the motion. pay the wages for those kinds of inno- amendment No. 3060 to H.R. 3474, an act to The motion was agreed to. amend the Internal Revenue Code of 1986 to vation-oriented jobs. Without this leg- The PRESIDING OFFICER. The islation, we would have in this country allow employers to exempt employees with clerk will report the nomination. health coverage under TRICARE or the Vet- a tax on innovation. I don’t think that The legislative clerk read the nomi- erans Administration from being taken into is where this country wants to go. account for purposes of the employer man- nation of Stanley Fischer, of New It will be harder without this legisla- date under the Patient Protection and Af- York, to be a Member of the Board of tion to have employers hire veterans— fordable Care Act. Governors of the Federal Reserve Sys- veterans who are now coming out in Harry Reid, Ron Wyden, Angus S. King, tem for the unexpired term of fourteen throngs to job fairs in cities across the Jr., Richard J. Durbin, Robert Menen- years from February 1, 2006. country. Employers will find it even dez, Mark R. Warner, Benjamin L. CLOTURE MOTION Cardin, Robert P. Casey, Jr., Chris- harder to assist them in terms of find- topher A. Coons, Bill Nelson, Michael Mr. REID. I send a cloture motion to ing employment. F. Bennet, Heidi Heitkamp, Barbara the desk. Without this legislation, when an un- Boxer, Debbie Stabenow, Maria Cant- The PRESIDING OFFICER. The clo- derwater homeowner gets hold of a life well, Charles E. Schumer, Thomas R. ture motion having been presented raft that keeps them in their homes Carper. under rule XXII, the clerk will report when their lender works with them to CLOTURE MOTION the motion. try to work out an arrangement to re- Mr. REID. I now have a cloture mo- The legislative clerk read as follows: duce their obligation, reduce their tion to the bill, which is also at the CLOTURE MOTION debt, that underwater homeowner desk. We, the undersigned Senators, in accord- would be taxed on phantom income. So The PRESIDING OFFICER. The clo- ance with the provisions of rule XXII of the right when that underwater home- ture motion having been presented Standing Rules of the Senate, hereby move owner is trying to get their head above

VerDate Mar 15 2010 03:55 May 21, 2014 Jkt 079060 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S3020 CONGRESSIONAL RECORD — SENATE May 14, 2014 water, without this legislation the Tax how in the world will the Senate be 3474; further, that on Tuesday, May 20, Code would shove them back under- able to take up comprehensive tax re- 2014, at 5:30 p.m., the Senate proceed to water once more. I don’t think that is form? executive session to vote on the con- where our country wants to go. Fortunately, at a time when many firmation of Calendar No. 732; further, I don’t think our country wants to think Washington is utterly broken, that there will be 2 minutes for debate give a back of the hand to millions of the distinguished senior Senator from prior to each vote, equally divided in students already up to their eyeballs in Utah, Mr. HATCH, was willing to work the usual form; that any rollcall votes debt. Without this legislation, they with me and meet me halfway in terms following the first in each series be 10 would have to go even deeper into debt. of producing a comprehensive, bipar- minutes in length; further, that if con- Producing clean energy will become tisan effort to move forward on these firmed, the motions to reconsider be more expensive, risking the kind of extenders. It wasn’t easy, but it got considered made and laid upon the high-tech jobs the Congress wants and done, and it got out of the Finance table, with no intervening action or de- is working in a bipartisan way to pro- Committee with an overwhelmingly bi- bate; that no further motions be in tect. partisan vote. The bill may not be per- order to the nominations; that any So with the EXPIRE Act we can ad- fect, but the committee got it done statements related to the nominations dress all these issues, bring greater cer- with the kind of bipartisan approach be printed in the RECORD and that tainty to our economy, put an expira- Americans want to see more of. I hope President Obama be immediately noti- tion date on the broken tax system, the Senate will want to do the same fied of the Senate’s action. and lay the foundation for working on thing. I was encouraged by the proce- The PRESIDING OFFICER. Is there tax reform and moving away from what dural vote we had earlier this week. objection? Without objection, it is so has been a long run of stop-and-go tax So with tonight’s developments, I ordered. extender policies. We ought to get simply underscore the importance of Mr. REID. Mr. President, with this away from that, and the point of this passing the EXPIRE Act. I hope Sen- agreement, on Thursday there will be legislation is, between now and the end ators on a bipartisan basis will join me as many as five rollcall votes starting of 2015, to work on comprehensive bi- in supporting the legislation. It is at 11:15 a.m. and as many as five roll- partisan tax reform. going to meet urgent needs of our peo- call votes beginning at 1:45 p.m. That A number of my colleagues on the ple now, and if we can get it passed and could change a little bit. We will see other side of the aisle have talked signed into law quickly, it will allow us how the day goes. about their interest in this and that to turn our attention exclusively to f they wish we were doing comprehen- the kind of tax overhaul that is long MORNING BUSINESS sive reform. I think colleagues have overdue. That can bring Democrats and Mr. REID. Mr. President, I ask unan- heard me say on the floor of the Senate Republicans together, as we saw sev- imous consent that the Senate be in a I’d much prefer to be doing comprehen- eral decades ago when progressive period of morning business, with Sen- sive tax reform, but when Chairman Democrats and conservative Repub- ators permitted to speak for up to 10 Baucus went to China, it became clear licans joined together for tax reform. minutes each. to me it wasn’t going to be possible to We can go to that agenda as soon as we The PRESIDING OFFICER. Without get comprehensive tax reform done in address the immediate needs behind objection, it is so ordered. this session. the urgent requirement of enacting the f What I sought to do is to make sure extenders bill quickly. we wouldn’t do further harm to middle- I hope we will see the Senate do that FRATERNITY OF THE DESERT class families, and small businesses, in the next few days ahead. BIGHORN 50TH ANNIVERSARY and those who are creating the innova- I thank my colleagues, particularly Mr. REID. Mr. President, I rise today tive jobs. That is why we need this leg- on the Finance Committee—Democrats to recognize the 50th anniversary of islation and need to use the legislation and Republicans—for the good and co- the Fraternity of the Desert Bighorn in when it passes as a bridge to tax re- operative bipartisan work. Southern Nevada. form. I yield the floor and I suggest the ab- The Fraternity of the Desert Bighorn The bill is called the EXPIRE Act. sence of a quorum. was established in 1964, and in People have often said: What does that The PRESIDING OFFICER. The partnering with local, State, and Fed- mean? It is not just what it means—the clerk will call the roll. eral wildlife organizations and agen- bill actually does expire. I have indi- The legislative clerk proceeded to cies, they have played a vital role in cated to my colleagues on the Finance call the roll. the restoration of the iconic desert big- Committee that this will be the last Mr. REID. Mr. President, I ask unan- horn sheep in Nevada. These incredible extenders bill on my watch. We are not imous consent that the order for the animals are a symbol of our State’s going to have any more of them on my quorum call be rescinded. unique wildlife habitat, geography, and watch. We are going to move to create The PRESIDING OFFICER. Without climate. In the Sloan Canyon and Gold a stronger, better, more pro-growth, objection, it is so ordered. Butte areas of Southern Nevada, an- fair tax system, which allows us to be ORDER OF PROCEDURE cient petroglyphs and rock art dating more competitive in a tough global Mr. REID. Mr. President, I ask unan- back thousands of years depict the big- economy and create good-paying jobs. imous consent that notwithstanding horn sheep and tell the story of its im- The tax reform process is not going to rule XXII, on Thursday, May 15, 2014, portant contributions to our State’s be a walk in the park, but it is only at 11:15 a.m., the Senate proceed to history and culture. The desert bighorn going to grow harder if the Senate fails vote on cloture on Calendar Nos. 667, is a noteworthy part of Nevada’s moun- to pass the EXPIRE Act first. 668, 669, and then proceed to consider- tainous landscapes and was officially We have had bipartisan proposals in ation and vote on confirmation of Cal- named the State animal in 1973. the past. Our former colleague Senator endar No. 693 and Calendar No. 541; fur- Following westward expansion in the GREGG worked with me for 2 years, and ther, that if cloture is invoked on Cal- 1800s, bighorn sheep populations strug- we sat together on a sofa almost every endar Nos. 667, 668, or 669, at 1:45 p.m. gled to survive against the spread of week for 2 years to create what is the all postcloture time be expired and the disease from domestic livestock and first bipartisan Federal income tax re- Senate proceed to vote on confirmation the loss of water resources and habitat. form bill in three decades. With his re- of the nominations in the order listed; By the 1960s, desert bighorn sheep pop- tirement, thankfully Senator COATS that following disposition of Calendar ulations, once in the tens of thousands and Senator BEGICH stepped in. So we No. 669, the Senate proceed to vote on in the United States, dropped to an es- know it can be done, but that task will cloture on Calendar No. 732; and that if timated 6,700 to 8,100. However, the simply be harder if the Senate fails to cloture is invoked, all postcloture time commitment of organizations like the pass the EXPIRE Act. be expired and the Senate resume legis- Fraternity of the Desert Bighorn to The first thing people are going to lative session and proceed to vote on species restoration has helped to more say is: If the Senate couldn’t deal with the motion to invoke cloture on the than double the bighorn sheep popu- these extenders on a temporary basis, substitute amendment No. 3060 to H.R. lation throughout the United States.

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S3021 The fraternity has worked hard to and Lisa Ball Sharp. In addition to ble for adoption will wait over 3 years promote responsible management of their children, Mira and Don have in foster care before being adopted. the desert bighorn and its habitat. By seven grandchildren—making for a Even worse, 23,000 youth—25 percent of building and maintaining hundreds of wonderful family that is undoubtedly those eligible for adoption—‘‘age out’’ water development projects, fighting her biggest achievement of all. or emancipate from the system each disease, and educating domestic sheep Mira’s tireless efforts to better the year. We cannot rest until our Federal herders on the importance of maintain- lives of others deserve the recognition and state governments are 100 percent ing strict separations between bighorn of this body. Thus, I ask that my U.S. successful at connecting these chil- sheep and domestic herds, the frater- Senate colleagues join me in honoring dren—who have been placed under the nity has provided necessary water re- Mira Ball, and congratulating her for government’s care due to no fault of sources to Southern Nevada wildlife being the first-ever recipient of the their own—with permanent, safe, and and ensured a healthy bighorn sheep prestigious Midway College Legacy loving families. population for future generations. Award. It is our responsibility to find homes I commend the Fraternity of the f for the huge numbers of abandoned and Desert Bighorn on their 50th anniver- NATIONAL FOSTER CARE MONTH orphaned children in the United States. sary, and I wish them the best in their future endeavors. Ms. LANDRIEU. Mr. President, 26 For this reason, I created a new pilot grant in the fiscal year 14 Omnibus to f years ago Members of Congress decided to designate May as National Foster enable States to initiate intensive and TRIBUTE TO MIRA BALL Care Month. Since then, the U.S. Con- exhaustive child-focused recruitment Mr. MCCONNELL. Mr. President, I gress, the Children’s Bureau at the De- programs, proven to increase adoptions rise today to honor and congratulate partment of Health and Human Serv- out of foster care 3 to 1. The $4 million my good friend, Mira Ball. On June 5, ices, and the National Foster Parent dollars that I secured for this program Mira will receive the Midway College Association have worked together to will enable States to move foster youth Legacy Award for her many contribu- recognize the work of foster families, eligible for adoption into permanent tions and years of service to Midway social workers, faith-based and com- families at a much higher rate than College, located in Midway, KY. munity organizations, and others who traditional recruitment strategies. Mira is the first ever recipient of this are improving the lives of foster youth This is because these grants will pro- award, which will be given out at the across the country and to encourage all vide social workers with the resources, Inaugural Spotlight awards in June. Americans to participate in efforts to time, and mandate to actually open up The purpose of the Legacy Award is to serve these children throughout the the file of youth in care and identify recognize ‘‘a person or persons that year. the names and contact information of have impacted Midway College over a I have come to the floor today, along- parents, relatives, caregivers, and period of many years by giving time, side my esteemed colleague and co- other significant adults in that child’s service, support and/or resources.’’ chair on the Senate Caucus on Foster life. This intense review, often called With such a description, it’s no wonder Youth, to recognize the foster parents, ‘‘case mining,’’ is key in locating a car- that Mira was the first in line to re- social workers, and advocates from my ing adult able to commit to reunifica- ceive it. home State of Louisiana and around tion, adoption or legal guardianship for Mira’s contributions to Midway Col- the country who play an essential role foster youth. in the lives of children in foster care lege, which is Kentucky’s only wom- There are many other strategies that throughout the United States. I also en’s college and a leader in degree pro- our government can implement to in- grams for men and women, are aplenty. want to acknowledge the leaders of the crease permanency for foster children. She has served on the board of trustees House Caucus on Foster Youth—Rep- Just last week the Congressional Coali- since 1990, became the first woman to resentative KAREN BASS, Representa- tion on Adoption Institute, led by exec- chair the board in 1997, and was hon- tive TOM MARINO, Representative utive director Kathleen Strottman, ored to be elected a life trustee in 2000. MICHELE BACHMANN, and Representa- hosted a policy focused briefing to edu- Last year, she served as interim chair tive JIM MCDERMOTT—who already cate congressional staff about how while the institution was in a transi- have or will soon speak on the floor, as postadoption services are cost-effective tional period. well, to commemorate National Foster and enormously beneficial alternatives Even with her devotion to Midway Care Month. College, Mira has amazingly found Each day 691 new children enter the to children reentering foster care or time to pursue a multitude of other in- foster care system because of abuse or having their adoptions dissolved. The terests and causes. She became the neglect. Each week 4,852 children find Federal Government spends an average first woman president of the Lexington themselves on the beginning of their of $27,236 annually for each child in Chamber of Commerce in 1991 and was journey through ‘‘the system.’’ Over care covered by Federal funding—and also the first woman to chair the Uni- 79,000 children will call this system much more for those in group homes or versity of Kentucky board of trustees, home for more than 3 years, and more residential treatment centers—com- a post she occupied from 2007 to 2010. If than 23,400 young adults will ‘‘age out’’ pared to $5,043 for a child receiving you hadn’t noticed, my friend Mira has of the system without a safe, perma- adoption assistance covered by Federal never been afraid to be the first to do nent family. Of those that age out, funding adoptions. There currently is anything. studies indicate that only 25 percent no Federal funding stream dedicated Additionally, Mira has been one of have a high school diploma or GED, exclusively to postadoption services. our State’s strongest advocates for less than 2 percent finish college, over We as legislators must consider ways education reform, and she currently half experience homelessness, and in which we can increase the overall re- serves on the endowment board of Ken- nearly 30 percent have been incarcer- sources dedicated to post-adoption. tucky Educational Television, KET. ated. As I have stated, it is our responsi- She is also an involved member of the As I have long said, governments do bility to invest in initiatives that are Calvary Baptist Church and is an ac- many things well, but raising children proven to be successful in finding per- tive philanthropist to health care and is not, and will never be, one of them. manent solutions for our nation’s fos- education groups. Our foster care system should be tem- ter children. I encourage my colleagues Somehow, amidst this seemingly end- porary—it is a temporary place where to cosponsor S. Res. 442, ‘‘Recognizing less stream of extracurricular activi- children should go to be protected and National Foster Care Month as an op- ties, Mira carves out some time for her nurtured until they can be returned to portunity to raise awareness about the day job. She serves as the chief finan- their birth family, be placed with ex- challenges of children in the foster cial officer for the very successful Ball tended family, or be connected with an care system, and encouraging Congress Homes LLC homebuilders, which she adoptive parent or parents. Unfortu- to implement policy to improve the runs with her husband, Don, and their nately, all too often this is not how it lives of children in the foster care sys- three children—Ray Ball, Mike Ball, happens. Forty percent of those eligi- tem.’’

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S3022 CONGRESSIONAL RECORD — SENATE May 14, 2014 I yield my time to my esteemed col- system but remain active to serve as year. Just as they have an opportunity league and co chair of the Senate Cau- advocates and role models for those to form a series of friendships, they are cus on Foster Youth, Senator CHUCK who remain in the system. ushered on to another school to begin GRASSLEY from Iowa. However, while we seek to applaud the process yet again. Beyond the prob- Mr. GRASSLEY, Mr. President, I and commend those who continue to be lems of building meaningful relation- come to the floor to speak today about a beacon of hope for these youth, the ships, many foster youth have to worry the foster care system and the impact resolution is also intended to reaffirm about how their credits transfer from the system has on the lives of far too the need to continue to improve the one school to the next. Many students many children, young adults, and fami- outcomes for all children in the foster are required to take a class numerous lies. care system. Every child deserves the times in multiple schools because of Currently, more than 400,000 children stability and certainty that a loving, varying requirements. Oftentimes, this across the United States are in the fos- permanent home and family can pro- creates a gap that extends the amount ter care system. From its inception, vide. of time it takes a student to fulfill the the foster care system was designed to Congress has been working to im- requirements to complete school. be a safe and temporary place of transi- prove the lives of all those touched by Another issue that comes up is sex tion for kids who have nowhere else to the foster care system. That has in- trafficking. Youth in the foster care go. Of those currently calling the fos- cluded providing support to vulnerable system can be susceptible to domestic ter care system home, 79,000 will stay families, with the hope of safely keep- sexual predators who offer them finan- in foster care for more than 3 years. ing families intact while they work cial assistance and emotional bonds. More than 23,400 will age out of foster through difficult times. We have pro- Just recently, the Federal Bureau of care without finding an adoptive fam- moted policies that encourage reunifi- Investigation, FBI, rescued 18 minors ily or a permanent place to call home. cation of families when they success- from forced prostitution around the Furthermore, youth who age out of fully address issues that make homes time of the Super Bowl. Of the 18 mi- the foster care system experience safe and nurturing for children. We nors, 3 were from the foster care sys- unique struggles that extend beyond have helped create incentives to pro- tem. I sent a letter to the FBI to ask the usual anxieties of trying to estab- mote adoption when reunification isn’t the agency to explain how underage lish a life after high school. In fact, possible. For those who age out of the victims are treated once they are res- only one quarter has earned a high foster care system without a perma- cued from forced prostitution. From school diploma or GED, while less than nent place to call home, we have been my inquiry so far, it seems the FBI has 2 percent finish college. Worse yet, working to make the transition to taken positive steps, including making more than 50 percent will experience adulthood more certain. clear that those who are forced into homelessness and nearly 30 percent will That is why in 2009 Senator LANDRIEU prostitution are victims, not criminals. have spent time behind bars. and I launched the bipartisan Senate The FBI also has a coordinated effort That is why we recognize May as Na- Caucus on Foster Youth. The caucus that has recovered a number of juve- tional Foster Care Month. Senator works to provide an outlet for Members nile victims. But it is important to LANDRIEU and I have introduced a reso- and staff to provide educational oppor- track what happens to victims after lution to shed light on the many young tunities in order to help shape mean- rescue. Are they getting the protec- faces that seek a permanent home and ingful policy that works to bring chil- tions and services they need to stay family. We also set aside a moment to dren and families together. safe or are they ending up back in dan- recognize the countless number of peo- The caucus has created a gateway for gerous situations? If they came from ple who work tirelessly for youth in grassroots coalitions of families, foster foster care, did the system fail to pro- foster care. youth, child welfare advocates, court tect them? Stability comes from a much larger representatives, and social workers to The Senate Finance Committee ap- community than just a family. Sta- locate policymakers who are actively proved a bipartisan bill in December to bility comes from the teacher who sees fighting and supporting tools to im- improve the foster care system. The the student at the desk near the back prove the lives of all children and fami- bill seeks to protect foster youth and of the classroom who needs a little lies. The caucus has created an avenue to encourage officials to better pre- extra help and guidance. Stability for all stakeholders to help identify vent, identify, and intervene when a comes from the friends and neighbors barriers that block foster kids from child becomes a victim of trafficking. who take it upon themselves to invite finding a permanent, loving home ei- Our caucus has taken a lead in edu- the new face in the neighborhood to ther through adoption, guardianship, cating the public about this issue. We join in a game of basketball or swim- or reunification with their birth fam- heard from two incredibly brave sur- ming. Stability comes from the social ily. vivors of trafficking who had beaten workers who work tirelessly to help re- The caucus is currently offering a se- the odds, escaped ‘‘the life,’’ and are solve the issues at home foster youth ries of opportunities designed to intro- now working as mentors with other face or, if necessary, they help find a duce Members and staff to the issue of girls who have been trafficked or are at permanent home that will offer child welfare financing. The meetings risk of being trafficked. warmth and happiness. And most im- have been designed to provide a colle- The caucus has raised a number of portantly, stability comes from the gial environment to build a base of other important issues, and we have in- families who are willing to take a child knowledge for those less familiar with vited youth to share their personal ex- or group of children into their home, to the issue and to help those who have periences. They are the experts, and we provide a safe and nurturing environ- been working on the issue for many can learn from them. ment so that they have a chance to years. I am glad to report the caucus is grow and thrive. So far this spring, we have had a gaining strong support from across I call upon my colleagues to support chance to hear from specialists and ex- party lines and regional areas of the S. Res. 442 recognizing National Foster perts about the early history of child country. I am glad that we have had Care Month as an opportunity to raise welfare and how it has developed into nine new members this year, including awareness about the challenges of chil- the programs that we see today. We are Senators CRAPO, SCOTT, KAINE, WAR- dren in the foster care system and en- studying how the current system is NER, KLOBUCHAR, INHOFE, WICKER, couraging Congress to implement pol- structured, how we can improve it, and HEITKAMP, and JOHANNS. icy to improve the lives of children in how we can better incentivize States to We will continue working to keep the the foster care system. The resolution find permanent placements for foster national spotlight on the challenges also recognizes foster youth through- youth. confronting foster youth. Every child out the United States for their courage In the past, we have studied and deserves the stability and certainty and resilience as they move through acted to improve the educational sta- that a loving, permanent home and their personal trials and challenges. We bility of the students. There are nu- family can provide. I thank my col- also seek to applaud the youth who merous cases of children who move leagues for their support in this en- have moved on from the foster care from school to school within a given deavor.

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S3023 ADDITIONAL STATEMENTS and better housing options for resi- a whopping 75 percent of annual health dents of Pottawattamie County. In care costs. I am pleased that many cases, I have secured Federal Pottawattamie County has recognized POTTAWATTAMIE COUNTY, IOWA funding that has leveraged local invest- this important issue by securing more ∑ Mr. HARKIN. Mr. President, the ments and served as a catalyst for a than $5.6 million for the Community strength of my State of Iowa lies in its whole ripple effect of positive, creative Health Center. vibrant local communities, where citi- changes. For example, working with Disability Rights: Growing up, I zens come together to foster economic mayors, city council members, and loved and admired my brother Frank, development, make smart investments local economic development officials in who was deaf. But I was deeply dis- to expand opportunity, and take the Pottawattamie County, I have fought turbed by the discrimination and ob- initiative to improve the health and for over $16 million to reconstruct the stacles he faced every day. That is why well-being of residents. Over the dec- Avenue G viaduct, over $2.5 million for I have always been a passionate advo- ades, I have witnessed the growth and affordable housing projects, and se- cate for full equality for people with revitalization of so many communities cured $2 million to make sure the air- disabilities. As the primary author of across my State. And it has been deep- port got priority for a new runway the Americans with Disabilities Act, ly gratifying to see how my work in through the Federal Aviation Adminis- ADA, and the ADA Amendments Act, I Congress has supported these local ef- tration, helping to create jobs and ex- have had four guiding goals for our fel- forts. pand economic opportunities. low citizens with disabilities: equal op- I have always believed in account- School grants: Every child in Iowa portunity, full participation, inde- ability for public officials, and this, my deserves to be educated in a classroom pendent living and economic self-suffi- final year in the Senate, is an appro- that is safe, accessible, and modern. ciency. Nearly a quarter century since priate time to give an accounting of That is why, for the past decade and a passage of the ADA, I see remarkable my work across four decades rep- half, I have secured funding for the in- changes in communities everywhere I resenting Iowa in Congress. I take novative Iowa Demonstration Con- go in Iowa—not just in curb cuts or pride in accomplishments that have struction Grant Program—better closed captioned television, but in the been national in scope—for instance, known among educators in Iowa as full participation of people with dis- passing the Americans with Disabil- Harkin grants for public schools con- abilities in our society and economy, ities Act and spearheading successful struction and renovation. Across 15 folks who at long last have the oppor- farm bills. But I take a very special years, Harkin grants worth more than tunity to contribute their talents and pride in projects that have made a big $132 million have helped school dis- to be fully included. These changes difference in local communities across tricts to fund a range of renovation and have increased economic opportunities my State. repair efforts—everything from updat- for all citizens of Pottawattamie Coun- Today, I would like to give an ac- ing fire safety systems to building new ty, both those with and without dis- counting of my work with leaders and schools. In many cases, these Federal abilities. And they make us proud to be residents of Pottawattamie County to dollars have served as the needed in- a part of a community and country build a legacy of a stronger local econ- centive to leverage local public and that respects the worth and civil rights omy, better schools and educational private dollars, so it often has a tre- of all of our citizens. opportunities, and a healthier, safer mendous multiplier effect within a This is at least a partial accounting community. school district. Over the years, of my work on behalf of Iowa, and spe- Between 2001 and 2013, the creative Pottawattamie County has received cifically Pottawattamie County, dur- leadership in your community has $5.1 million in Harkin grants. Simi- ing my time in Congress. In every case, worked with me to secure funding in larly, schools in Pottawattamie Coun- this work has been about partnerships, Pottawattamie County worth over $24 ty have received funds that I des- cooperation, and empowering folks at million and successfully acquired fi- ignated for Iowa Star Schools for tech- the State and local level, including in nancial assistance from programs I nology totaling $168,650. Pottawattamie County, to fulfill their have fought hard to support, which Keeping Iowa communities safe: I own dreams and initiatives. And, of have provided more than $65 million to also firmly believe that our first re- course, this work is never complete. the local economy. sponders need to be appropriately Even after I retire from the Senate, I Of course my favorite memories of trained and equipped, able to respond have no intention of retiring from the working together have to include the to both local emergencies and to state- fight for a better, fairer, richer Iowa. I Pottawattamie County Preschool Ini- wide challenges such as, for instance, will always be profoundly grateful for tiative plan was developed to dramati- the methamphetamine epidemic. Since the opportunity to serve the people of cally expand preschool for more than 2001, Pottawattamie County’s fire de- Iowa as their Senator.∑ 250 unserved children, several afford- partments have received over $1.5 mil- f able housing and main street recon- lion for firefighter safety and oper- struction projects, as well as work on ations equipment. HARRISON COUNTY, IOWA transportation infrastructure and air- Wellness and health care: Improving ∑ Mr. HARKIN. Mr. President, the port improvements. While I have the health and wellness of all Ameri- strength of my State of Iowa lies in its worked to secure more than $2.8 mil- cans has been something I have been vibrant local communities, where citi- lion for the Pottawattamie County passionate about for decades. That is zens come together to foster economic Preschool Initiative, as part of the pri- why I fought to dramatically increase development, make smart investments vate-public partnership, the Iowa West funding for disease prevention, innova- to expand opportunity, and take the Foundation also committed $7 million tive medical research, and a whole initiative to improve the health and for the early learning initiative. This is range of initiatives to improve the well-being of residents. Over the dec- the type of investment Iowa needs to health of individuals and families not ades, I have witnessed the growth and ensure a brighter economic future for only at the doctor’s office but also in revitalization of so many communities every student. I look forward to learn- our communities, schools, and work- across my State. And it has been deep- ing how this program has impacted places. I am so proud that Americans ly gratifying to see how my work in students in Pottawattamie County. have better access to clinical preven- Congress has supported these local ef- Among the highlights: tive services, nutritious food, smoke- forts. Investing in Iowa’s economic devel- free environments, safe places to en- I have always believed in account- opment through targeted community gage in physical activity, and informa- ability for public officials, and this, my projects: In Western Iowa, we have tion to make healthy decisions for final year in the Senate, is an appro- worked together to grow the economy themselves and their families. These priate time to give an accounting of by making targeted investments in im- efforts not only save lives, they will my work across four decades rep- portant economic development projects also save money for generations to resenting Iowa in Congress. I take including improved roads and bridges, come thanks to the prevention of cost- pride in accomplishments that have modernized sewer and water systems, ly chronic diseases, which account for been national in scope—for instance,

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S3024 CONGRESSIONAL RECORD — SENATE May 14, 2014 passing the Americans with Disabil- rural Iowa, I have always been a loyal TRIBUTE TO SUSAN ALLER- ities Act and spearheading successful friend and fierce advocate for family SCHILLING farm bills. But I take a very special farmers and rural communities. I have ∑ Mr. HELLER. Mr. President, today I pride in projects that have made a big been a member of the House or Senate wish to honor Major Susan Aller-Schil- difference in local communities across Agriculture Committee for 40 years— ling, a devoted and history-making my State. including more than 10 years as chair- member of the Nevada Highway Patrol, Today, I would like to give an ac- man of the Senate Agriculture Com- NHP. counting of my work with leaders and mittee. Across the decades, I have Major Aller-Schilling has served with residents of Harrison County to build a championed farm policies for Iowans Nevada’s Department of Public Safety legacy of a stronger local economy, that include effective farm income pro- better schools and educational oppor- for more than 16 years. Rising to the tection and commodity programs; rank of lieutenant before transferring tunities, and a healthier, safer commu- strong, progressive conservation assist- to the NHP, Major Aller-Schilling is nity. ance for agricultural producers; renew- the first female trooper in the agency’s Between 2001 and 2013, the creative able energy opportunities; and robust history to achieve the ranking title of leadership in your community has economic development in our rural major. worked with me to secure funding in communities. Since 1991, through var- Supporting Nevada’s citizens through Harrison County worth over $3.6 mil- ious programs authorized through the a tireless dedication to their safety, lion and successfully acquired financial farm bill, Harrison County has received Major Aller-Schilling has served a vast assistance from programs I have fought more than $3.5 from a variety of farm majority of the State from Las Vegas hard to support, which have provided bill programs. more than $6.8 million to the local Keeping Iowa communities safe: I to Reno, where she has diligently per- economy. also firmly believe that our first re- formed as an operations commander Of course my favorite memory of sponders need to be appropriately since last year. As a major, she will working together has to be its success- trained and equipped, able to respond oversee more than 2,560 sworn and ci- ful use of several Main Street Iowa to both local emergencies and to state- vilian personnel. grants for facade restoration and other wide challenges such as, for instance, Today, the NHP boasts well over 300 building renovations in downtown the methamphetamine epidemic. Since commissioned officers, each dedicated Woodbine, and redevelopment of the 2001, Harrison County’s fire depart- to ensuring safe, economical, and en- Moore’s Block in Dunlap. ments have received over $1.19 million joyable use of the highways. Protecting Among the highlights: for firefighter safety and operations citizens and assisting law enforcement Main Street Iowa: One of the greatest equipment. agencies throughout our State and the challenges we face—in Iowa and all Disability Rights: Growing up, I Nation are just a few of the services across America—is preserving the char- loved and admired my brother Frank, these servicemen selflessly provide. acter and vitality of our small towns who was deaf. But I was deeply dis- Aligned with the NHP’s mission of and rural communities. This is not just turbed by the discrimination and ob- protecting safety, Major Aller-Schil- about economics. It is also about main- stacles he faced every day. That is why ling’s loyalty and dedication to com- taining our identity as Iowans. Main I have always been a passionate advo- munity well-being has been described Street Iowa helps preserve Iowa’s heart cate for full equality for people with as exceptional. Her example of hard and soul by providing funds to revi- disabilities. As the primary author of work and dedication to a cause greater talize downtown business districts. the Americans with Disabilities Act, than herself is demonstrated by this This program has allowed towns like ADA, and the ADA Amendments Act, I elevation of her rank—the first of its Woodbine and Dunlap to use that have had four guiding goals for our fel- kind. I am grateful for Major Aller- money to leverage other investments low citizens with disabilities: equal op- Schilling’s character and the role to jumpstart change and renewal. I am model she is for our State. so pleased that Harrison County has portunity, full participation, inde- pendent living and economic self-suffi- I ask my colleagues to join me in earned $148,000 through this program. honoring Major Aller-Schilling for her These grants build much more than ciency. Nearly a quarter century since passage of the ADA, I see remarkable steadfast loyalty and dedication to the buildings. They build up the spirit and Great State of Nevada.∑ morale of people in our small towns changes in communities everywhere I and local communities. go in Iowa—not just in curb cuts or f School grants: Every child in Iowa closed captioned television, but in the full participation of people with dis- BATTLE OF KENNESAW MOUNTAIN deserves to be educated in a classroom SESQUICENTENNIAL that is safe, accessible, and modern. abilities in our society and economy, ∑ That is why, for the past decade and a folks who at long last have the oppor- Mr. ISAKSON. Mr. President, today I half, I have secured funding for the in- tunity to contribute their talents and wish to commemorate the sesqui- novative Iowa Demonstration Con- to be fully included. These changes centennial of Georgia’s Battle of Ken- struction Grant Program—better have increased economic opportunities nesaw Mountain that took place on known among educators in Iowa as for all citizens of Harrison County, June 27, 1864, and was an important Harkin grants for public schools con- both those with and without disabil- moment in the Civil War’s Atlanta struction and renovation. Across 15 ities. And they make us proud to be a campaign. years, Harkin grants worth more than part of a community and country that The Civil War had been underway for $132 million have helped school dis- respects the worth and civil rights of more than 3 years when GEN William tricts to fund a range of renovation and all of our citizens. T. Sherman began his movement south repair efforts—everything from updat- This is at least a partial accounting of Chattanooga, TN. Sherman’s troops ing fire safety systems to building new of my work on behalf of Iowa, and spe- moved south following the general path schools. In many cases, these Federal cifically Harrison County, during my of the Western and Atlantic Railroad. dollars have served as the needed in- time in Congress. In every case, this By mid-June, both the Union and Con- centive to leverage local public and work has been about partnerships, co- federate armies were in the vicinity of private dollars, so it often has a tre- operation, and empowering folks at the Kennesaw Mountain. Both sides had to mendous multiplier effect within a State and local level, including in Har- struggle with a common enemy—rain— school district. Over the years, Har- rison County, to fulfill their own that continued for 21⁄2 weeks. From rison County has received over $3.35 dreams and initiatives. And, of course, June 4 through June 18, 1864, southern million in Harkin grants. Similarly, this work is never complete. Even after GEN Joseph E. Johnston surprised schools in Harrison County have re- I retire from the Senate, I have no in- Sherman by defending a line running ceived funds that I designated for Iowa tention of retiring from the fight for a from Lost Mountain to Brushy Moun- Star Schools for technology totaling better, fairer, richer Iowa. I will always tain. A series of attacks on this line $20,000. be profoundly grateful for the oppor- forced Johnston to draw back to the Agricultural and rural development: tunity to serve the people of Iowa as Kennesaw line on June 19, 1864. Using Because I grew up in a small town in their Senator.∑ Kennesaw Mountain as the anchor for

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S3025 his line, Johnston’s forces prepared a non emplacements, interpretive signs, America’s fallen law enforcement offi- strong defensive position blocking the and three monuments representing cers. likely avenues of approach Sherman States that fought in this momentous Suzie Sawyer founded the organiza- would use to continue his advance to- battle.∑ tion 30 years ago as a small grief sup- ward Marietta and subsequently to At- f port organization. In 1993, the organi- lanta. ARAGON, GEORGIA zation relocated to Camdenton, MO, Following a tactical approach that where it has grown to serve over 30,000 had been successful throughout the ∑ Mr. ISAKSON. Mr. President, I wish surviving law enforcement families spring, the Union army moved some of to commemorate the Centennial of the from all over the United States. The its forces to the Confederates’ left city of Aragon, GA, on July 23, 2014. organization now has 50 national chap- flank. The Confederates countered and During the past 100 years, Aragon has ters and a multimillion dollar yearly moved one of their corps from the right seen both good times and difficult budget that is used to host annual sem- to the left of their line. Acting without times. Through periods of growth, eco- inars, retreats, and provide resources orders from Johnston, John Bell Hood nomic struggle and social change, the for the surviving families and cowork- ordered his forces to attack the Union leaders and residents of Aragon have ers of law enforcement officers killed troops. Charging across Valentine upheld their commitment to remaining in the line of duty. Kolb’s fields, the Confederates met a a city. I thank Suzie Sawyer for her dedica- The origin of the city’s name of Ara- devastating combination of artillery tion to this important cause, and I gon has been widely disputed by histo- and infantry fire from entrenched thank C.O.P.S. for 30 years of providing rians. Some claim that Aragon was Union troops. This caused the Confed- invaluable support to grieving law en- named after the Hotel Aragon located erates to retreat and dig in. Although forcement families and coworkers.∑ the attack led to costly casualties for on Peachtree Street in Atlanta, GA, the Confederates it prevented the where some of the mill owners stayed f Union from advancing toward Mari- when visiting the area. Others believe etta. It also forced Sherman to change the city was named for the mineral tactics and order a frontal assault on aragonite that was mined nearby. TRIBUTE TO VIVIAN SMITH- June 27, 1864. The city of Aragon was founded in TALLAN Sherman’s troops bombarded the 1899 in Polk County, GA. The city char- ∑ Mrs. MURRAY. Mr. President, I wish Confederate positions on the morning ter was adopted on July 23, 1914, and to recognize the achievements of Ms. of June 27 and then advanced along the was approved by Georgia Governor Vivian E. ‘‘Bo’’ Smith-Tallan. During base of Kennesaw Mountain. The Con- John M. Slaton. The first three com- her years of service, Ms. Smith dem- federates repulsed this diversionary at- missioners were Fred O. Myers, J.H. onstrated tireless dedication to her tack. Rough terrain and a stubborn de- Arnold and R.L. Huckabe. country, and specifically to Fairchild fense obstructed the Union assault at The city was established in 1898 in Air Force Base and the greater Spo- Pigeon Hill that subsequently fell northwest Georgia following the con- kane area. apart after a couple of hours. At struction of a mill by Wolcott and Ms. Smith-Tallan, who hails from Cheatham Hill, the heaviest fighting Campbell of New York. Over the years, Maryland, entered the Air Force in 1976 occurred along a stretch in the Confed- numerous additions and improvements directly out of high school. She retired erate line dubbed ‘‘Dead Angle’’ by were made to the mill, which employed from the Air Force as a master ser- Confederate defenders. Union troops hundreds of workers and contributed to geant after serving for 20 years on ac- made a desperate effort to storm the the livelihood of many families in the tive duty. Ms. Smith-Tallan completed Confederate trenches. However, the community. The mill closed for good in a degree in law enforcement and is a rough terrain and intense Confederate 1994 and remained empty until 1998 graduate of the Spokane County Police fire combined to defeat the Union when it was purchased by brothers Academy. Prior to her present posi- army. Within hours, the Battle of Ken- Brian and Kirk Spears and used as a tion, she was a police officer with the nesaw Mountain was over. Union cas- production facility for pillows and Medical Lake Police Department and ualties numbered some 3,000 men while wooden pallets until August 6, 2002, bailiff for the Airway Heights courts the Confederates lost 1,000, making it when fire engulfed and decimated the system. one of the bloodiest single days in the complex. campaign for Atlanta. At the time of this centennial cele- While on Active Duty in the law en- In 1899, a lieutenant of the 86th Illi- bration, the local government is vested forcement career field, Ms. Smith- nois Infantry purchased 60 acres at in Mayor Ken Suffridge and Council- Tallan served in numerous capacities Cheatham Hill, the site of the most men Curtis Burrus, Mayor Pro Tem including gate guard, patrolman, inves- deadly encounter at Kennesaw Moun- Duel Mitchell, Kevin Prewett and Hun- tigator, pass and registration non- tain. The land was later transferred to ter Spinks. They are dedicated to en- commissioned officer in charge, and the Kennesaw Memorial Association, suring the city and its citizens are flight chief. Her talent earned her a se- which received $20,000 from the State of ready for tomorrow’s challenges, and lection as the first female motorcycle Illinois to construct a monument on remain loyal to its motto, ‘‘A Proud patrolman. In 1992 she was assigned as Cheatham Hill to honor the soldiers of Past With A Promising Future.’’ the treaty compliance superintendent the 86th Illinois Regiment who died I congratulate the residents of Ara- and finalized Fairchild Air Force there. On June 27, 1914, the 50th anni- gon, GA, on their centennial year and Base’s role under the START Treaty in versary of the battle, a marble monu- wish them great success with observ- which B–52s were removed from assign- ment was unveiled and dedicated to ances that raise awareness of and ap- ment to the base. From there she was those fallen men. In 1917, the land was preciation for the city of Aragon’s con- assigned as the wing protocol super- deeded to the United States govern- tributions to the development and vi- intendent until her retirement from ment and 9 years later, in 1926, the U.S. tality of Polk County, GA. I hope that Active Duty in 1996. Congress passed a law that placed the residents will use this year as an op- Ms. Smith-Tallan then began serving area under the protection of the War portunity to learn more about the rich at Fairchild Air Force Base as a De- Department. history of their community.∑ partment of Defense civilian. Through the following 18 years she led an office In 1935, legislation was passed cre- f ating Kennesaw Mountain National of 12 airmen as the wing chief of pro- Battlefield Park on the original 60 RECOGNIZING CONCERNS OF tocol and public relations, consistently acres purchased by the lieutenant of POLICE SURVIVORS ensuring that Fairchild presented a the 86th Illinois Infantry. Today, the ∑ Mrs. MCCASKILL. Mr. President, welcoming and professional environ- Kennesaw Mountain National Battle- today I wish to recognize and honor the ment to visitors and the local commu- field Park consists of nearly 3,000 acres outstanding work of Concerns for Po- nity. where visitors enjoy 19.7 miles of trails lice Survivors C.O.P.S. for 30 years of As chief of protocol she planned, and can see historic earthworks, can- dedicated service to the families of evaluated, and led the arrangements,

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00045 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S3026 CONGRESSIONAL RECORD — SENATE May 14, 2014 protocol and coordination for dig- Best Bath Systems has clearly earned a cious hospitality and sets a high stand- nitaries visiting the wing. She devel- reputation for quality. In addition to ard for luxury destination resorts in oped and executed itineraries compat- making bath products that help people Waikiki. Today, it remains one of the ible with the scope of the visit, to in- meet their basic needs, Best Bath Sys- most acclaimed independent luxury ho- clude social events, ceremonies, brief- tems also does well by their employees, tels in the world, with an international ings, lodging, transportation, courtesy providing a profit-sharing program. reputation for its award-winning serv- and office calls, and tours. She planned The Small Business Administration ice. and supervised countless renderings of recognized Best Bath Systems’ impres- Over the past 30 years, Halekulani honors, awards, promotions, retire- sive track record and named Mr. has provided unique guest experiences ments, change of command ceremonies, Multanen and his family the 2014 Idaho through its support of local culture and dining outs, airshows, intra-service Small Business Person of the Year and the arts institutions in Honolulu, in- competitions, parades, and other rec- is sharing their accomplishments at cluding the Hawaii Symphony Orches- ognitions. the National Small Business Week tra, the Honolulu Museum of Art, the As chief of public relations, Ms. events being held this week in Wash- Bishop Museum, and the Hawaii Inter- Smith-Tallan planned, organized and ington. This award celebrates their national Film Festival, offering its directed the activities of the 92nd Air continued sales growth, superior cus- international guests special access to Refueling Wing Public Affairs office to tomer service, and commitment to some of Honolulu’s finest arts and cul- provide installation-level multimedia their community. tural attractions. In addition, through activities composed of media, commu- Best Bath Systems has been an ac- Halekulani’s dedicated support of edu- nity relations, photography and tive fixture in the Caldwell and Boise cation and humanities causes in the videography. She developed the com- communities for a long time with Mr. local community, Halekulani has es- munity relations program and ran the Multanen serving on the boards of tablished itself as a dedicated and re- Honorary Commanders and Eagles pro- Boise City Parks & Recreation and the sponsible corporate citizen of Hawaii. gram to ensure continual outreach of Treasure Valley Air Quality Council. I congratulate Halekulani on its 30th installation commanders with civic In addition, since 2000, Best Bath Sys- anniversary and for its continued com- leaders. Ms. Smith-Tallan also served tems has a built robust relationship mitment to offering the highest qual- as the wing foreign disclosure officer. with the Idaho Small Business Devel- ity of hospitality. Halekulani has Ms. Smith-Tallan consistently goes opment Center, SBDC, where Mr. helped make Hawaii one of the best lei- above and beyond, as exemplified by Multanen currently serves as the chair- sure and business destinations in the her multiple Civilian of the Year and man of the advisory council and uses world.∑ Civilian of the Quarter awards, an Ex- his business’ success story with the f emplary Civilian Service Award, and SBDC to motivate other Idaho entre- many more awards she received while preneurs. Concern for the environment EXECUTIVE AND OTHER serving on Active Duty. Her record of is also part of Best Bath Systems’ com- COMMUNICATIONS achievement would not have been pos- munity commitment. Best Bath Sys- The following communications were sible without the love and support of tems’ 106,000 square foot facility in laid before the Senate, together with her husband, Robert ‘‘Bob’’ Tallan. We Caldwell, ID uses just 28 percent of accompanying papers, reports, and doc- thank her family for sharing her with their Federal emissions allowance, and uments, and were referred as indicated: us. Mr. President, I ask that you and they have promoted similar standards EC–5730. A communication from the Dep- my other distinguished colleagues join for the industry through their trade as- uty Assistant Secretary for Export Adminis- me in congratulating Ms. Smith-Tallan sociation, which Mr. Multanen co- tration, Bureau of Industry and Security, on her 38 years of outstanding service. founded. Department of Commerce, transmitting, pur- For her commitment to the people of I wish to congratulate Mr. Multanen suant to law, the report of a rule entitled Fairchild Air Force Base and the great- on being named the 2014 Idaho Small ‘‘Addition of Certain Persons to the Entity er Spokane area, she is worthy of the Business Person of the Year and every- List’’ (RIN0694–AG12) received in the Office highest praise.∑ one at Best Bath Systems for their 43 of the President of the Senate on May 6, 2014; years of sales, innovation, and to the Committee on Banking, Housing, and f Urban Affairs. bettering the quality of life for many.∑ RECOGNIZING BEST BATH EC–5731. A communication from the Direc- SYSTEMS f tor of the Regulatory Management Division, HALEKULANI’S 30TH Environmental Protection Agency, transmit- ∑ Mr. RISCH. Mr. President, too often ting, pursuant to law, the report of a rule en- we think of business owners as only ANNIVERSARY titled ‘‘Approval and Promulgation of Air being concerned with profit. However, ∑ Mr. SCHATZ. Mr. President, Quality Implementation Plans; Utah; Revi- countless enterprises have been started Halekulani is a globally acclaimed lux- sions to UAC Rule 401—Permit: New and based on an idea or a goal to solve a ury resort on Waikiki beach, and it is Modified Sources’’ (FRL No. 9756–5) received problem or to improve peoples’ lives, synonymous with the gracious hospi- in the Office of the President of the Senate and often times this is inspired by a tality of Hawaii. This hotel traces its on May 8, 2014; to the Committee on Envi- ronment and Public Works. need of someone close. It is a privilege roots back over 100 years, when ancient EC–5732. A communication from the Direc- to recognize such a company, Idaho’s Hawaiian fishermen named this tor of the Regulation Policy and Manage- own Best Bath Systems, Inc. beachfront area Halekulani, which ment Office of the General Counsel, Veterans Gary Multanen founded Best Bath means ‘‘house befitting heaven.’’ Benefits Administration, Department of Vet- Systems in 1971 with the goal of design- Since its humble beginnings as a col- erans Affairs, transmitting, pursuant to law, ing and producing baths and showers to lection of guest bungalows in 1917, the report of a rule entitled ‘‘Loan Guar- help those with special needs. Mr. Halekulani has provided the highest anty: Ability-to-Repay Standards and Quali- Multanen was especially motivated to standards of excellence and personal- fied Mortgage Definition under the Truth in Lending Act’’ (RIN2900–AO65) received dur- find a solution to his mother’s dif- ized service, while practicing the aloha ing adjournment of the Senate in the Office ficulty in using conventional tubs. spirit of Hawaii. of the President of the Senate on May 9, 2014; Over the years, Best Bath Systems has Through the years, Halekulani has to the Committee on Veterans’ Affairs. created improvements for nearly every hosted celebrated authors, poets, enter- EC–5733. A communication from the Presi- conceivable part of a shower or tub, tainers, dignitaries, and guests from dent of the United States, transmitting, pur- and has been a leader for walk-in tub around the globe, all the while pro- suant to law, a report relative to the design. viding an ‘‘oasis of tranquility’’ in the issuance of an Executive Order declaring a It is one thing to tout Mr. Multanen heart of Waikiki. national emergency posed by the situation in as being an innovator, but the real This year, Halekulani will celebrate and in relation to the Central African Repub- lic; to the Committee on Banking, Housing, proof is in the demand from bath prod- its 30th year since reopening in 1984 fol- and Urban Affairs. uct sellers across the country. With $20 lowing a property-wide renovation. EC–5734. A communication from the Presi- million in sales last year to a network Halekulani continues to build upon dent of the United States, transmitting, pur- of 490 dealers across North America, its legacy and rich tradition of gra- suant to law, a report on the continuation of

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00046 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S3027 the national emergency that was originally Safety Administration, Department of EC–5751. A communication from the Para- declared in Executive Order 13611 of May 16, Transportation, transmitting, pursuant to legal Specialist, Federal Aviation Adminis- 2012, with respect to Yemen; to the Com- law, the report of a rule entitled ‘‘Child Re- tration, Department of Transportation, mittee on Banking, Housing, and Urban Af- straint Systems’’ (RIN2127–AL35) received in transmitting, pursuant to law, the report of fairs. the Office of the President of the Senate on a rule entitled ‘‘Airworthiness Directives; Si- EC–5735. A communication from the Assist- May 12, 2014; to the Committee on Com- korsky Aircraft Corporation Helicopters’’ ant General Counsel for Legislation, Regula- merce, Science, and Transportation. ((RIN2120–AA64) (Docket No. FAA–2013–0637)) tion and Energy Efficiency, Department of EC–5744. A communication from the Dep- received in the Office of the President of the Energy, transmitting, pursuant to law, the uty Chief of the Policy Division, Inter- Senate on May 13, 2014; to the Committee on report of a rule entitled ‘‘Energy Conserva- national Bureau, Federal Communications Commerce, Science, and Transportation. tion for Certain Industrial Equipment: Alter- Commission, transmitting, pursuant to law, EC–5752. A communication from the Para- native Efficiency Determination Methods the report of a rule entitled ‘‘Revisions of legal Specialist, Federal Aviation Adminis- and Test Procedures for Walk-In Coolers and Parts 2 and 25 of the Commission’s Rules to tration, Department of Transportation, Walk-In Freezers’’ (RIN1904–AC46) received Govern the Use of Earth Stations Aboard transmitting, pursuant to law, the report of in the Office of the President of the Senate Aircraft Communicating with Fixed-Sat- a rule entitled ‘‘Airworthiness Directives; on May 13, 2014; to the Committee on Energy ellite Service Geostationary-Orbit Space Airbus Airplanes’’ ((RIN2120–AA64) (Docket and Natural Resources. Stations Operating in the 10.95–11.2 GHz, No. FAA–2013–1072)) received in the Office of EC–5736. A communication from the Assist- 11.45–11.7 GHz, 11.7–12.2 GHz and 14.0–14.5 GHz the President of the Senate on May 12, 2014; ant Secretary, Legislative Affairs, Depart- Frequency Bands’’ (FCC 14–45) received dur- to the Committee on Commerce, Science, ment of State, transmitting, pursuant to ing adjournment of the Senate in the Office and Transportation. law, a report relative to sections 36(c) and of the President of the Senate on May 9, 2014; EC–5753. A communication from the Para- 36(d) of the Arms Export Control Act (DDTC to the Committee on Commerce, Science, legal Specialist, Federal Aviation Adminis- 14–041); to the Committee on Foreign Rela- and Transportation. tration, Department of Transportation, tions. EC–5745. A communication from the Chief transmitting, pursuant to law, the report of EC–5737. A communication from the Dep- of Staff, Media Bureau, Federal Communica- a rule entitled ‘‘Airworthiness Directives; uty Director, Center for Disease Control and tions Commission, transmitting, pursuant to Rolls-Royce Deutschland Ltd and Co KG Prevention, Department of Health and law, the report of a rule entitled ‘‘Amend- Turbofan Engines’’ ((RIN2120–AA64) (Docket Human Services, transmitting, pursuant to ment of Section 73.202(b), Table of Allot- No. FAA–2013–0884)) received in the Office of law, the report of a rule entitled ‘‘Posses- ments, FM Broadcast Stations (Tohatchi, the President of the Senate on May 12, 2014; sion, Use, and Transfer of Select Agents and New Mexico)’’ (MB Docket No. 13–250, DA 14– to the Committee on Commerce, Science, Toxins; Biennial Review, Technical Amend- 600) received during adjournment of the Sen- and Transportation. ment’’ (RIN0920–AA34) received in the Office ate in the Office of the President of the Sen- EC–5754. A communication from the Para- of the President of the Senate on May 12, ate on May 9, 2014; to the Committee on legal Specialist, Federal Aviation Adminis- 2014; to the Committee on Health, Education, Commerce, Science, and Transportation. tration, Department of Transportation, Labor, and Pensions. EC–5746. A communication from the Chief transmitting, pursuant to law, the report of EC–5738. A communication from the Sec- of Staff, Media Bureau, Federal Communica- a rule entitled ‘‘Airworthiness Directives; Si- retary of the Federal Trade Commission, tions Commission, transmitting, pursuant to korsky Aircraft Corporation (Sikorsky) Heli- transmitting, pursuant to law, the report of law, the report of a rule entitled ‘‘Television copters’’ ((RIN2120–AA64) (Docket No. FAA– a rule entitled ‘‘Rules and Regulations Under Broadcasting Services; Seaford and Dover, 2014–0216)) received in the Office of the Presi- the Textile Fiber Products Identification Delaware’’ (MB Docket No. 13–40, DA 14–547) dent of the Senate on May 12, 2014; to the Act’’ (16 CFR Part 303) received in the Office received during adjournment of the Senate of the President of the Senate on May 12, Committee on Commerce, Science, and in the Office of the President of the Senate 2014; to the Committee on Commerce, Transportation. on May 9, 2014; to the Committee on Com- EC–5755. A communication from the Para- Science, and Transportation. EC–5739. A communication from the Sec- merce, Science, and Transportation. legal Specialist, Federal Aviation Adminis- EC–5747. A communication from the Chief retary of the Federal Trade Commission, tration, Department of Transportation, transmitting, pursuant to law, the report of of Staff, Media Bureau, Federal Communica- transmitting, pursuant to law, the report of a rule entitled ‘‘Energy and Water Use La- tions Commission, transmitting, pursuant to a rule entitled ‘‘Airworthiness Directives; beling for Consumer Products Under the En- law, the report of a rule entitled ‘‘Amend- Ballonbau Worner GmbH Balloons’’ ergy Policy and Conservation Act (‘‘Energy ment of Section 73.202(b), Table of Allot- ((RIN2120–AA64) (Docket No. FAA–2014–0041)) Labeling Rule’’) (RIN3084–AB15) received in ments, FM Broadcast Stations (Moran, received in the Office of the President of the the Office of the President of the Senate on Texas)’’ (MB Docket No. 13–102, DA 14–603) Senate on May 12, 2014; to the Committee on May 12, 2014; to the Committee on Com- received during adjournment of the Senate Commerce, Science, and Transportation. merce, Science, and Transportation. in the Office of the President of the Senate EC–5756. A communication from the Para- EC–5740. A communication from the Dep- on May 9, 2014; to the Committee on Com- legal Specialist, Federal Aviation Adminis- uty Assistant Administrator for Regulatory merce, Science, and Transportation. tration, Department of Transportation, Programs, Office of Sustainable Fisheries, EC–5748. A communication from the Para- transmitting, pursuant to law, the report of Department of Commerce, transmitting, pur- legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; suant to law, the report of a rule entitled tration, Department of Transportation, The Boeing Company Airplanes’’ ((RIN2120– ‘‘Fisheries of the Caribbean, Gulf of Mexico, transmitting, pursuant to law, the report of AA64) (Docket No. FAA–2013–0837)) received and South Atlantic; Revisions to Dealer Per- a rule entitled ‘‘Extension of Effective Date in the Office of the President of the Senate mitting and Reporting Requirements for for the Helicopter Air Ambulance, Commer- on May 12, 2014; to the Committee on Com- Species Managed by the Gulf of Mexico and cial Helicopter, and Part 91 Helicopter Oper- merce, Science, and Transportation. South Atlantic Fishery Management Coun- ations Final Rule’’ ((RIN2120–AK47) (Docket EC–5757. A communication from the Para- cils’’ (RIN0648–BC12) received in the Office of No. FAA–2010–0982)) received in the Office of legal Specialist, Federal Aviation Adminis- the President of the Senate on May 12, 2014; the President of the Senate on May 12, 2014; tration, Department of Transportation, to the Committee on Commerce, Science, to the Committee on Commerce, Science, transmitting, pursuant to law, the report of and Transportation. and Transportation. a rule entitled ‘‘Airworthiness Directives; EC–5741. A communication from the Senior EC–5749. A communication from the Para- the Boeing Company Airplanes’’ ((RIN2120– Attorney, Maritime Administration, Depart- legal Specialist, Federal Aviation Adminis- AA64) (Docket No. FAA–2013–0690)) received ment of Transportation, transmitting, pur- tration, Department of Transportation, in the Office of the President of the Senate suant to law, the report of a rule entitled transmitting, pursuant to law, the report of on May 12, 2014; to the Committee on Com- ‘‘Retrospective Review Under E.O. 13563: War a rule entitled ‘‘Prohibition Against Certain merce, Science, and Transportation. Risk Insurance’’ (RIN2133–AB82) received Flights in the Simferopol (UKFV) Flight In- EC–5758. A communication from the Para- during in the Office of the President of the formation Region (FIR)’’ ((RIN2120–AK50) legal Specialist, Federal Aviation Adminis- Senate on May 12, 2014; to the Committee on (Docket No. FAA–2014–0225)) received in the tration, Department of Transportation, Commerce, Science, and Transportation. Office of the President of the Senate on May transmitting, pursuant to law, the report of EC–5742. A communication from the Pro- 12, 2014; to the Committee on Commerce, a rule entitled ‘‘Airworthiness Directives; gram Analyst, National Highway Traffic Science, and Transportation. British Aerospace (Operations) Limited Air- Safety Administration, Department of EC–5750. A communication from the Para- planes’’ ((RIN2120–AA64) (Docket No. FAA– Transportation, transmitting, pursuant to legal Specialist, Federal Aviation Adminis- 2014–0020)) received in the Office of the Presi- law, the report of a rule entitled ‘‘Federal tration, Department of Transportation, dent of the Senate on May 12, 2014; to the Motor Vehicle Safety Standards; Rear Visi- transmitting, pursuant to law, the report of Committee on Commerce, Science, and bility’’ (RIN2127–AK43) received in the Office a rule entitled ‘‘Part 95 Instrument Flight Transportation. of the President of the Senate on May 12, Rules; Miscellaneous Amendments No. (513)’’ EC–5759. A communication from the Para- 2014; to the Committee on Commerce, (RIN2120–AA63) received in the Office of the legal Specialist, Federal Aviation Adminis- Science, and Transportation. President of the Senate on May 12, 2014; to tration, Department of Transportation, EC–5743. A communication from the Pro- the Committee on Commerce, Science, and transmitting, pursuant to law, the report of gram Analyst, National Highway Traffic Transportation. a rule entitled ‘‘Airworthiness Directives;

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00047 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S3028 CONGRESSIONAL RECORD — SENATE May 14, 2014 Austro Engine GmbH Engines’’ ((RIN2120– tration, Department of Transportation, AA64) (Docket No. FAA–2013–0865)) received AA64) (Docket No. FAA–2013–0164)) received transmitting, pursuant to law, the report of in the Office of the President of the Senate in the Office of the President of the Senate a rule entitled ‘‘Airworthiness Directives; on May 12, 2014; to the Committee on Com- on May 12, 2014; to the Committee on Com- ATR–GIE Avions de Transport Regional Air- merce, Science, and Transportation. merce, Science, and Transportation. planes’’ ((RIN2120–AA64) (Docket No. FAA– f EC–5760. A communication from the Para- 2013–0975)) received in the Office of the Presi- legal Specialist, Federal Aviation Adminis- dent of the Senate on May 12, 2014; to the REPORTS OF COMMITTEES tration, Department of Transportation, Committee on Commerce, Science, and The following reports of committees transmitting, pursuant to law, the report of Transportation. were submitted: a rule entitled ‘‘Airworthiness Directives; EC–5769. A communication from the Para- Airbus Airplanes’’ ((RIN2120–AA64) (Docket legal Specialist, Federal Aviation Adminis- By Mr. ROCKEFELLER, from the Com- No. FAA–2014–0233)) received in the Office of tration, Department of Transportation, mittee on Commerce, Science, and Transpor- the President of the Senate on May 12, 2014; transmitting, pursuant to law, the report of tation, without amendment: to the Committee on Commerce, Science, a rule entitled ‘‘Airworthiness Directives; S. 2076. A bill to amend the provisions of and Transportation. Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) title 46, United States Code, related to the EC–5761. A communication from the Para- (Docket No. FAA–2013–0419)) received in the Board of Visitors to the United States Mer- legal Specialist, Federal Aviation Adminis- Office of the President of the Senate on May chant Marine Academy, and for other pur- tration, Department of Transportation, 12, 2014; to the Committee on Commerce, poses (Rept. No. 113–158). transmitting, pursuant to law, the report of Science, and Transportation. By Ms. LANDRIEU, from the Committee a rule entitled ‘‘Airworthiness Directives; EC–5770. A communication from the Para- on Energy and Natural Resources, with an Airbus Airplanes’’ ((RIN2120–AA64) (Docket legal Specialist, Federal Aviation Adminis- amendment: No. FAA–2014–0255)) received in the Office of tration, Department of Transportation, S. 753. A bill to provide for national secu- the President of the Senate on May 12, 2014; transmitting, pursuant to law, the report of rity benefits for White Sands Missile Range to the Committee on Commerce, Science, a rule entitled ‘‘Airworthiness Directives; and Fort Bliss (Rept. No. 113–159). and Transportation. Rolls-Royce Deutschland Ltd and Co KG By Ms. LANDRIEU, from the Committee EC–5762. A communication from the Para- Turbofan Engines’’ ((RIN2120–AA64) (Docket on Energy and Natural Resources, with an legal Specialist, Federal Aviation Adminis- No. FAA–2006–24777)) received in the Office of amendment in the nature of a substitute: tration, Department of Transportation, the President of the Senate on May 12, 2014; S. 1169. A bill to withdraw and reserve cer- transmitting, pursuant to law, the report of to the Committee on Commerce, Science, tain public land in the State of Montana for a rule entitled ‘‘Airworthiness Directives; and Transportation. the Limestone Hills Training Area, and for Centrair Gliders’’ ((RIN2120–AA64) (Docket EC–5771. A communication from the Para- other purposes (Rept. No. 113–160). No. FAA–2014–0018)) received in the Office of legal Specialist, Federal Aviation Adminis- S. 1309. A bill to withdraw and reserve cer- the President of the Senate on May 12, 2014; tration, Department of Transportation, tain public land under the jurisdiction of the to the Committee on Commerce, Science, transmitting, pursuant to law, the report of Secretary of the Interior for military uses, and Transportation. a rule entitled ‘‘Airworthiness Directives; and for other purposes (Rept. No. 113–161). EC–5763. A communication from the Para- Rolls-Royce Deutschland Ltd and Co KG legal Specialist, Federal Aviation Adminis- f Turbofan Engines’’ ((RIN2120–AA64) (Docket tration, Department of Transportation, No. FAA–2012–1202)) received in the Office of EXECUTIVE REPORT OF transmitting, pursuant to law, the report of the President of the Senate on May 12, 2014; COMMITTEE a rule entitled ‘‘Airworthiness Directives; to the Committee on Commerce, Science, British Aerospace Regional Aircraft Air- The following executive report of a planes’’ ((RIN2120–AA64) (Docket No. FAA– and Transportation. nomination was submitted: EC–5772. A communication from the Para- 2014–0042)) received in the Office of the Presi- legal Specialist, Federal Aviation Adminis- By Mr. HARKIN for the Committee on dent of the Senate on May 12, 2014; to the tration, Department of Transportation, Health, Education, Labor, and Pensions. Committee on Commerce, Science, and transmitting, pursuant to law, the report of *R. Jane Chu, of Missouri, to be Chair- Transportation. a rule entitled ‘‘Airworthiness Directives; person of the National Endowment for the EC–5764. A communication from the Para- Arts for a term of four years. legal Specialist, Federal Aviation Adminis- Fokker Services B.V. Airplanes’’ ((RIN2120– tration, Department of Transportation, AA64) (Docket No. FAA–2013–0674)) received *Nomination was reported with rec- transmitting, pursuant to law, the report of in the Office of the President of the Senate ommendation that it be confirmed sub- a rule entitled ‘‘Airworthiness Directives; on May 12, 2014; to the Committee on Com- ject to the nominee’s commitment to The Boeing Company Airplanes’’ ((RIN2120– merce, Science, and Transportation. respond to requests to appear and tes- AA64) (Docket No. FAA–2013–0425)) received EC–5773. A communication from the Para- legal Specialist, Federal Aviation Adminis- tify before any duly constituted com- in the Office of the President of the Senate mittee of the Senate. on May 12, 2014; to the Committee on Com- tration, Department of Transportation, merce, Science, and Transportation. transmitting, pursuant to law, the report of f EC–5765. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; Turbomeca S.A. Turboshaft Engines’’ INTRODUCTION OF BILLS AND legal Specialist, Federal Aviation Adminis- JOINT RESOLUTIONS tration, Department of Transportation, ((RIN2120–AA64) (Docket No. FAA–2007– transmitting, pursuant to law, the report of 27009)) received in the Office of the President The following bills and joint resolu- a rule entitled ‘‘Airworthiness Directives; of the Senate on May 12, 2014; to the Com- tions were introduced, read the first Airbus Airplanes’’ ((RIN2120–AA64) (Docket mittee on Commerce, Science, and Transpor- and second times by unanimous con- tation. No. FAA–2013–0829)) received in the Office of sent, and referred as indicated: the President of the Senate on May 12, 2014; EC–5774. A communication from the Para- to the Committee on Commerce, Science, legal Specialist, Federal Aviation Adminis- By Mr. COONS (for himself and Mr. and Transportation. tration, Department of Transportation, PORTMAN): EC–5766. A communication from the Para- transmitting, pursuant to law, the report of S. 2332. A bill to expand benefits to the legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; families of public safety officers who suffer tration, Department of Transportation, Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) fatal climate-related injuries sustained in transmitting, pursuant to law, the report of (Docket No. FAA–2013–1069)) received in the the line of duty and proximately resulting in a rule entitled ‘‘Airworthiness Directives; Office of the President of the Senate on May death; to the Committee on the Judiciary. Airbus Airplanes’’ ((RIN2120–AA64) (Docket 12, 2014; to the Committee on Commerce, By Mrs. MURRAY (for herself, Mr. No. FAA–2013–0363)) received in the Office of Science, and Transportation. BLUNT, Mrs. GILLIBRAND, and Mr. the President of the Senate on May 12, 2014; EC–5775. A communication from the Para- RUBIO): to the Committee on Commerce, Science, legal Specialist, Federal Aviation Adminis- S. 2333. A bill to amend title 10, United and Transportation. tration, Department of Transportation, States Code, to provide for certain behav- EC–5767. A communication from the Para- transmitting, pursuant to law, the report of ioral health treatment under TRICARE for legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; children and adults with developmental dis- tration, Department of Transportation, Airbus Airplanes’’ ((RIN2120–AA64) (Docket abilities; to the Committee on Armed Serv- transmitting, pursuant to law, the report of No. FAA–2013–0668)) received in the Office of ices. a rule entitled ‘‘Airworthiness Directives; the President of the Senate on May 12, 2014; By Mr. KING (for himself and Mr. Alexander Schleicher, Segelflugzeugbau to the Committee on Commerce, Science, BURR): Gliders’’ ((RIN2120–AA64) (Docket No. FAA– and Transportation. S. 2334. A bill to amend the Small Business 2014–0019)) received in the Office of the Presi- EC–5776. A communication from the Para- Act and title 38, United States Code, to pro- dent of the Senate on May 12, 2014; to the legal Specialist, Federal Aviation Adminis- vide for a consolidated definition of a small Committee on Commerce, Science, and tration, Department of Transportation, business concern owned and controlled by Transportation. transmitting, pursuant to law, the report of veterans, and for other purposes; to the Com- EC–5768. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; mittee on Small Business and Entrepreneur- legal Specialist, Federal Aviation Adminis- Fokker Services B.V. Airplanes’’ ((RIN2120– ship.

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00048 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S3029 By Mr. RISCH: of S. 357, a bill to encourage, enhance, added as cosponsors of S. 1695, a bill to S. 2335. A bill to exempt certain 16 and 17 and integrate Blue Alert plans designate a portion of the Arctic Na- year-old children employed in logging or throughout the United States in order tional Wildlife Refuge as wilderness. mechanized operations from child labor laws; to disseminate information when a law S. 1803 to the Committee on Health, Education, Labor, and Pensions. enforcement officer is seriously injured At the request of Mr. DURBIN, the By Mr. RUBIO: or killed in the line of duty. name of the Senator from Hawaii (Mr. S. 2336. A bill to eliminate the payroll tax S. 411 SCHATZ) was added as a cosponsor of S. for individuals who have attained retirement At the request of Mr. ROCKEFELLER, 1803, a bill to require certain protec- age, to amend title II of the Social Security the name of the Senator from Georgia tions for student loan borrowers, and Act to remove the limitation upon the (Mr. CHAMBLISS) was added as a cospon- for other purposes. amount of outside income which an indi- S. 1908 vidual may earn while receiving benefits sor of S. 411, a bill to amend the Inter- under such title, and for other purposes; to nal Revenue Code of 1986 to extend and At the request of Mr. CORNYN, the the Committee on Finance. modify the railroad track maintenance name of the Senator from New Hamp- By Ms. MURKOWSKI (for herself, Mr. credit. shire (Ms. AYOTTE) was added as a co- FRANKEN, Ms. KLOBUCHAR, Mrs. FEIN- S. 429 sponsor of S. 1908, a bill to allow reci- STEIN, Mr. BEGICH, Mr. WHITEHOUSE, At the request of Mr. NELSON, the procity for the carrying of certain con- Mr. LEVIN, and Mr. PRYOR): name of the Senator from Washington cealed firearms. S. 2337. A bill to amend title 38, United S. 1948 States Code, to authorize the Secretary of (Ms. CANTWELL) was added as a cospon- Veterans Affairs to inter in national ceme- sor of S. 429, a bill to enable concrete At the request of Mr. TESTER, the teries individuals who supported the United masonry products manufacturers to es- name of the Senator from Montana States in Laos during the Vietnam War era; tablish, finance, and carry out a co- (Mr. WALSH) was added as a cosponsor to the Committee on Veterans’ Affairs. ordinated program of research, edu- of S. 1948, a bill to promote the aca- By Mr. ROCKEFELLER (for himself cation, and promotion to improve, demic achievement of American In- and Mr. THUNE): maintain, and develop markets for con- dian, Alaska Native, and Native Hawai- S. 2338. A bill to reauthorize the United crete masonry products. ian children with the establishment of States Anti-Doping Agency, and for other a Native American language grant pro- purposes; to the Committee on Commerce, S. 539 Science, and Transportation. At the request of Mrs. SHAHEEN, the gram. By Mr. BARRASSO (for himself, Mr. name of the Senator from New York S. 1957 HATCH, Mr. ENZI, Mr. MCCAIN, Mr. (Mrs. GILLIBRAND) was added as a co- At the request of Mr. BENNET, the COBURN, and Mr. CHAMBLISS): sponsor of S. 539, a bill to amend the name of the Senator from Delaware S. 2339. A bill to amend the Patient Protec- Public Health Service Act to foster (Mr. COONS) was added as a cosponsor tion and Affordable Care Act to require more effective implementation and co- of S. 1957, a bill to establish the Amer- States with failed American Health Benefit ican Infrastructure Fund, to provide Exchanges to reimburse the Federal Govern- ordination of clinical care for people ment for amounts provided under grants for with pre-diabetes and diabetes. bond guarantees and make loans to States, local governments, and infra- the establishment and operation of such Ex- S. 1181 structure providers for investments in changes; to the Committee on Finance. At the request of Mr. MENENDEZ, the certain infrastructure projects, and to By Mr. BOOKER: name of the Senator from Ohio (Mr. S. 2340. A bill to amend the Higher Edu- provide equity investments in such PORTMAN) was added as a cosponsor of cation Act of 1965 to require the Secretary to projects, and for other purposes. S. 1181, a bill to amend the Internal provide for the use of data from the second S. 2004 preceding tax year to carry out the sim- Revenue Code of 1986 to exempt certain At the request of Mr. BEGICH, the plification of applications for the estimation stock of real estate investment trusts and determination of financial aid eligi- from the tax on foreign investments in name of the Senator from Connecticut bility, to increase the income threshold to United States real property interests, (Mr. BLUMENTHAL) was added as a co- qualify for zero expected family contribu- and for other purposes. sponsor of S. 2004, a bill to ensure the tion, and for other purposes; to the Com- safety of all users of the transportation mittee on Health, Education, Labor, and S. 1445 system, including pedestrians, Pensions. At the request of Mr. PRYOR, the bicyclists, transit users, children, older f name of the Senator from New York individuals, and individuals with dis- (Mrs. GILLIBRAND) was added as a co- SUBMISSION OF CONCURRENT AND abilities, as they travel on and across sponsor of S. 1445, a bill to amend the federally funded streets and highways. SENATE RESOLUTIONS Public Health Service Act to provide S. 2013 for the participation of optometrists in The following concurrent resolutions At the request of Mr. RUBIO, the the National Health Service Corps and Senate resolutions were read, and name of the Senator from Georgia (Mr. scholarship and loan repayment pro- referred (or acted upon), as indicated: ISAKSON) was added as a cosponsor of S. grams, and for other purposes. By Mrs. FEINSTEIN (for herself and 2013, a bill to amend title 38, United Mr. ISAKSON): S. 1622 States Code, to provide for the removal S. Res. 445. A resolution recognizing the At the request of Ms. HEITKAMP, the of Senior Executive Service employees importance of cancer research and the con- names of the Senator from Michigan tributions of scientists, clinicians, and pa- of the Department of Veterans Affairs (Ms. STABENOW) and the Senator from tient advocates across the United States who for performance, and for other pur- are dedicated to finding a cure for cancer, Nebraska (Mrs. FISCHER) were added as poses. and designating May 2014 as ‘‘National Can- cosponsors of S. 1622, a bill to establish S. 2082 cer Research Month’’; to the Committee on the Alyce Spotted Bear and Walter At the request of Mr. MENENDEZ, the the Judiciary. Soboleff Commission on Native Chil- name of the Senator from New Mexico f dren, and for other purposes. (Mr. HEINRICH) was added as a cospon- S. 1675 ADDITIONAL COSPONSORS sor of S. 2082, a bill to provide for the At the request of Mr. WHITEHOUSE, development of criteria under the S. 162 the name of the Senator from Florida Medicare program for medically nec- At the request of Mr. FRANKEN, the (Mr. RUBIO) was added as a cosponsor of essary short inpatient hospital stays, name of the Senator from New Jersey S. 1675, a bill to reduce recidivism and and for other purposes. (Mr. BOOKER) was added as a cosponsor increase public safety, and for other S. 2091 of S. 162, a bill to reauthorize and im- purposes. At the request of Mr. HELLER, the prove the Mentally Ill Offender Treat- S. 1695 name of the Senator from Arkansas ment and Crime Reduction Act of 2004. At the request of Ms. CANTWELL, the (Mr. PRYOR) was added as a cosponsor S. 357 names of the Senator from Oregon (Mr. of S. 2091, a bill to amend title 38, At the request of Mr. CARDIN, the WYDEN), the Senator from Rhode Island United States Code, to improve the name of the Senator from Alaska (Ms. (Mr. WHITEHOUSE) and the Senator processing by the Department of Vet- MURKOWSKI) was added as a cosponsor from Missouri (Mrs. MCCASKILL) were erans Affairs of claims for benefits

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00049 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S3030 CONGRESSIONAL RECORD — SENATE May 14, 2014 under laws administered by the Sec- Veterans Administration from being S. 2337. A bill to amend title 38, retary of Veterans Affairs, and for taken into account for purposes of the United States Code, to authorize the other purposes. employer mandate under the Patient Secretary of Veterans Affairs to inter S. 2292 Protection and Affordable Care Act. in national cemeteries individuals who At the request of Ms. WARREN, the AMENDMENT NO. 3064 supported the United States in Laos names of the Senator from New Jersey At the request of Mr. MORAN, the during the Vietnam War era; to the (Mr. MENENDEZ) and the Senator from name of the Senator from Alaska (Ms. Committee on Veterans’ Affairs. Ms. MURKOWSKI. Mr. President I Maryland (Mr. CARDIN) were added as MURKOWSKI) was added as a cosponsor have come to the floor today to re- cosponsors of S. 2292, a bill to amend of amendment No. 3064 intended to be introduce a piece of legislation that I the Higher Education Act of 1965 to proposed to H.R. 3474, a bill to amend feel is long overdue. The Hmong Vet- provide for the refinancing of certain the Internal Revenue Code of 1986 to erans’ Service Recognition Act is a bill allow employers to exempt employees Federal student loans, and for other to authorize the interment in national with health coverage under TRICARE purposes. cemeteries of Hmong veterans who or the Veterans Administration from S. 2295 served in support of U.S. forces during being taken into account for purposes At the request of Mr. LEAHY, the the Vietnam War. Thousands of mem- names of the Senator from North Da- of the employer mandate under the Pa- bers of the Hmong community fought kota (Ms. HEITKAMP) and the Senator tient Protection and Affordable Care for America during Vietnam yet they from New Mexico (Mr. HEINRICH) were Act. enjoy no rights as veterans. The added as cosponsors of S. 2295, a bill to f Hmong veterans are requesting to be establish the National Commission on STATEMENTS ON INTRODUCED buried in national cemeteries and I, the Future of the Army, and for other BILLS AND JOINT RESOLUTIONS along with a bipartisan group of col- purposes. leagues, Senators FRANKEN, KLO- By Mr. RISCH: BUCHAR, FEINSTEIN, BEGICH, WHITE- S. 2299 S. 2335. A bill to exempt certain 16- HOUSE, and PRYOR, believe this is an At the request of Mr. JOHNSON of and 17-year-old children employed in South Dakota, the name of the Senator appropriate honor. logging or mechanized operations from To preserve Laos’s neutrality during from Montana (Mr. WALSH) was added child labor laws; to the Committee on as a cosponsor of S. 2299, a bill to the Vietnam War, the U.S., Soviet Health, Education, Labor, and Pen- Union, North Vietnam, and ten other amend the Native American Programs sions. Act of 1974 to reauthorize a provision countries signed the 1962 Geneva Dec- Mr. RISCH. Mr. President, Senator laration prohibiting all foreign mili- to ensure the survival and continuing CRAPO and I would like to introduce vitality of Native American languages. tary personnel from Laos. While the the Youth Careers in Logging Act. U.S. and other countries withdrew all S. 2302 Small family logging companies, much military personnel, the North Viet- At the request of Mrs. SHAHEEN, the like family farms, rely on younger namese Army blatantly violated the names of the Senator from Rhode Is- family members to help make their Geneva Declaration by keeping thou- land (Mr. WHITEHOUSE), the Senator companies successful. The agriculture sands of troops in Laos. Using Laotian from Montana (Mr. WALSH) and the industry enjoys exemptions from child territory to circumvent borders, these Senator from Delaware (Mr. COONS) labor laws to allow for family members NVA forces posed a direct threat to were added as cosponsors of S. 2302, a to learn the trade and carry on the America’s military position in South bill to provide for a 1-year extension of family business. This bill will provide Vietnam. Unable to be present in Laos, the Afghan Special Immigrant Visa those same benefits for the logging in- but needing to counteract the NVA, Program, and for other purposes. dustry. America required a covert military S. 2316 The logging industry is struggling to force. The Hmong were ideal can- At the request of Mr. THUNE, the recruit young employees. This indus- didates for America’s secret war—they name of the Senator from Utah (Mr. try, like many others, has an aging were renowned as being brave fighters LEE) was added as a cosponsor of S. work force that will soon retire. Mod- who knew the rocky mountain terrain 2316, a bill to require the Inspector ern mechanized machinery opens up of Northern Laos well. General of the Department of Veterans opportunities for a new tech-savvy gen- All told, the U.S. Central Intelligence Affairs to submit a report on wait eration of loggers if we give them the Agency conducted covert operations in times for veterans seeking medical ap- chance. Laos which employed some 60,000 pointments and treatment from the There are 400 independent logging Hmong volunteers in Special Guerilla Department of Veterans Affairs, to pro- contractor businesses in Idaho, most of Units. The Hmong Fighters interrupted hibit closure of medical facilities of the which are family owned and operated. operations on the Ho Chi Minh trail Department, and for other purposes. Current labor laws do not allow the and assisted in downed aircraft recov- children of these family owned busi- AMENDMENT NO. 3059 ery operations of American Airmen. In nesses to work and learn in the same Laos, they valiantly fought the Viet- At the request of Ms. AYOTTE, the profession as their parents. name of the Senator from New Hamp- namese and Laotian Communists for Should the Youth Careers in Logging over a decade and were critical to shire (Mrs. SHAHEEN) was added as a co- Act be enacted, starting at the age of sponsor of amendment No. 3059 in- America’s war efforts in Vietnam. In 16 young adults will be allowed to oper- tended to be proposed to H.R. 3474, a all, over 35,000 Hmong lost their lives ate safe and modern machinery. These bill to amend the Internal Revenue by the end of our involvement in Viet- young loggers will help Idaho and the nam. Code of 1986 to allow employers to ex- country to create healthy, fire resilient Since the end of the Vietnam War, empt employees with health coverage forests and bring much needed natural thousands of Hmong and Lao families under TRICARE or the Veterans Ad- resources into our marketplace to help have resettled around the United ministration from being taken into ac- make paper and build homes. States to become legal permanent resi- count for purposes of the employer By passing this legislation, Congress dents or United States citizens and mandate under the Patient Protection can help young adults earn good wages have greatly contributed to American and Affordable Care Act. through hard work in the great out- society. There are currently over AMENDMENT NO. 3062 doors that will create a generation of 260,000 Hmong people in America. Ac- At the request of Mr. HATCH, the young Americans that understand the cording to the 2010 Census, the heaviest name of the Senator from Idaho (Mr. value of a great work ethic. concentrations are in California, Min- CRAPO) was added as a cosponsor of nesota, Wisconsin, North Carolina, amendment No. 3062 intended to be pro- By Ms. MURKOWSKI (for herself, Michigan, Colorado, Georgia, Okla- posed to H.R. 3474, a bill to amend the Mr. FRANKEN, Ms. KLOBUCHAR, homa, Oregon, and my home State of Internal Revenue Code of 1986 to allow Mrs. FEINSTEIN, Mr. BEGICH, Mr. Alaska. employers to exempt employees with WHITEHOUSE, Mr. LEVIN, and Of the Hmong who became U.S. citi- health coverage under TRICARE or the Mr. PRYOR): zens, approximately 6,000 veterans are

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00050 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S3031 still with us today, and they deserve ‘‘(ii) at the time of the individual’s death— now it has failed. What they have done the choice to be buried in national ‘‘(I) was a citizen of the United States or is they have spent a lot of taxpayer cemeteries. This concept is not without an alien lawfully admitted for permanent money—money Washington sent to precedent. Currently, burial benefits residence in the United States; and them. Where is the money? The money ‘‘(II) resided in the United States.’’. is gone. Their system doesn’t work, are available for Philippine Armed (b) EFFECTIVE DATE.—The amendment Forces veterans who answered the call made by this Act shall apply with respect to and now what they want to do is have to serve during World War II, just like an individual dying on or after the date of a fresh start. the Hmong. This legislation would not the enactment of this Act. President Obama says Democrats grant the small group of Hmong vet- should forcefully defend and be proud erans full veteran benefits, but would By Mr. BARRASSO (for himself, of the law. I want to see where the peo- simply authorize their interment in na- Mr. HATCH, Mr. ENZI, Mr. ple are now coming to the floor to tional cemeteries across the Nation. A MCCAIN, Mr. COBURN, and Mr. forcefully defend and be proud of this small, but deserved token of apprecia- CHAMBLISS): health care law. tion and an appropriate honor for their S. 2339. A bill to amend the Patient I ask the President—is he proud that sacrifices towards a common goal of Protection and Affordable Care Act to these ObamaCare exchanges are failing democracy and freedom in the world. require States with failed American all across the country? Are Democrats This new legislation is improved Health Benefit Exchanges to reimburse who voted for this health care law from the previous version, S. 200, in the Federal Government for amounts ready to forcefully defend all the tax- payer dollars that we now know have that it connects with Public Law 106– provided under grants for the establish- been wasted? Democrats don’t want to 207: The Hmong Veterans’ Naturaliza- ment and operation of such Exchanges; talk about the law’s expensive side ef- tion Act of 2000 which acknowledges to the Committee on Finance. fects or about the Americans harmed Hmong Special Guerilla Unit’s con- Mr. BARRASSO. Mr. President, yes- terday I came to the floor to address by the law. tributions during Vietnam and pro- Republicans have been offering solu- vides a path to validation of a Hmong remarks made by the majority leader. tions. Today Senator HATCH and I are veteran’s service for the purpose of Just yesterday the majority leader came to the floor and said the Repub- introducing legislation that would ad- naturalization. Public Law already rec- dress these State failures and protect ognizes the service of Hmong Special licans were ‘‘going quiet’’ on health care. Senator REID said ObamaCare is taxpayers. After all, that is what Guerilla Unit veterans for the purpose Americans want. They want account- of naturalization, so it is a natural no longer high on the Republicans’ radar screen. Yesterday I said that it ability for their hard-earned taxpayer connection to afford them burial rights dollars. This bill, called the State Ex- as well. was certainly still very high on my radar screen and that Republicans have change Accountability Act, says that if Hmong-Americans who fought and the State got Federal money to set up risked their lives in secret for America every intention of continuing to focus on the Democrats’ health care law and its own exchange and later decided to deserve the same public respect and give up and move back on to the Fed- honor we give the men and women they all of its harmful side effects. Americans all across the country eral exchange, it would have to pay served with and rescued. I believe it’s back the money. It is that simple. Tax- time to honor the service and sacrifice have been feeling those damaging side effects of the President’s health care payers shouldn’t have to pay twice for of Hmong Special Guerilla Unit Vet- the mistakes of incompetent State bu- erans by allowing them to be buried law, and the side effects are getting worse. Hard-working middle-class fam- reaucrats who couldn’t set up a work- alongside their brothers in arms in our ing health care exchange. States would ilies who didn’t want this health care national cemeteries. Again, I appre- have 10 years to pay back the grants. law in the first place are facing higher ciate the support of my colleagues They would have to pay them back in premiums. They are facing smaller from across the aisle for this legisla- full. I know State budgets are tight, so paychecks. They are facing fewer jobs, tion and look forward to working with they wouldn’t have to come up with fewer doctors, and many other prob- them and others in the Senate to fi- the whole amount all at once. They lems as a result specifically of the nally getting this approved into law would pay back 10 percent of the total President’s health care law. this year. each year for the next 10 years. These Today I want to talk about another Mr. President, I ask unanimous con- States that walk away from their ex- side effect of the law; that is, the mil- sent that the text of the bill be printed changes are conceding that they wast- lions, if not billions, of taxpayer dol- in the RECORD. ed the money they received, and it is lars that have been absolutely wasted There being no objection, the text of only fair that these States should by bureaucrats who set up State health the bill was ordered to be printed in repay the American taxpayers. the RECORD, as follows: insurance exchanges that have failed. The failure of these exchanges and S. 2337 Under the health care law, States could the money squandered on them was a choose to set up their own exchange or Be it enacted by the Senate and House of Rep- side effect of the health care law. resentatives of the United States of America in to use the Federal exchange. States got Democrats told States they could set Congress assembled, Federal grants to help plan which one up these exchanges and Washington SECTION 1. SHORT TITLE. they would do. If a State decided to set would pay the bill. So some States This Act may be cited as the ‘‘Hmong Vet- up its own exchange, it got even more didn’t really care what it cost. They erans’ Service Recognition Act’’. money from Washington to cover the didn’t care if the work was being done SEC. 2. ELIGIBILITY FOR INTERMENT IN NA- costs. well or even done at all. As far as they TIONAL CEMETERIES. So how much money are we talking were concerned, don’t worry, whether (a) IN GENERAL.—Section 2402(a) of title 38, about? Well, according to the Congres- it works or not it is somebody else’s United States Code, is amended by adding at sional Research Service, the Federal the end the following new paragraph: money. Government has awarded grants of Well, this bill I am introducing today ‘‘(10) Any individual— over $7.4 billion as of this March. ‘‘(A) who— tells these State bureaucracies that it ‘‘(i) was naturalized pursuant to section People all across the country know is time for them to care about the 2(1) of the Hmong Veterans’ Naturalization the Federal exchange was an absolute money they have wasted. This won’t Act of 2000 (Public Law 106–207; 8 U.S.C. 1423 train wreck when it was launched. In fix all of the harmful side effects the note); and one State after another, the State ex- Democrats created with the health ‘‘(ii) at the time of the individual’s death changes also have been collapsing and care law, but it is a start, and it is the resided in the United States; or costing taxpayers a fortune. Now some right thing to do. ‘‘(B) who— of those States have absolutely given If you want a sense of how big the ‘‘(i) the Secretary determines served with a up. They have decided they want to special guerrilla unit or irregular forces op- problem is, look at an article that ran erating from a base in Laos in support of the scrap their own systems and go into in Politico on Monday this week. The Armed Forces of the United States at any the Federal exchange after all—an op- headline is ‘‘Four States in a Fix Over time during the period beginning February tion they had at first, but they decided Their Troubled Exchanges.’’ The arti- 28, 1961, and ending May 7, 1975; and to go first to the State exchange and cle talks about four State exchanges

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00051 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S3032 CONGRESSIONAL RECORD — SENATE May 14, 2014 that basically embraced ObamaCare: get insurance—people who have dis- Whereas the 5-year survival rate for all Massachusetts, Maryland, Nevada, Or- ease, people who are sick—without types of cancer was greater than 65 percent egon. It says that these four State ex- raising the costs for healthier people. in 2011, improving between 1981 and 2011, and changes spent at least $474 million and These are just a few of the solutions more than 13,700,000 cancer survivors were living in the United States in 2011; ‘‘are now in shambles.’’ Republicans have offered and continue Whereas therapy and effective screening Look at it—Maryland, $118 million; to offer to give Americans real health tools for some types of cancer remain elu- Massachusetts, $57 million; Nevada, $51 care reform and a real fair shot, health sive, and some cancers, including pancreatic, million; for Oregon, $248 million of tax- care reform that gives people the care liver, lung, ovarian, and brain cancer, con- payer money from around the country they need from a doctor they choose at tinue to have extraordinarily high mortality was sent to Oregon for programs that lower costs, without all of the harmful rates and 5-year survival rates that are typi- are now in shambles. So now some of and expensive ObamaCare side effects. cally less than 50 percent; Whereas partnerships among research sci- these States want even more money to f fix what has gone wrong in the first entists, the general public, cancer survivors, SUBMITTED RESOLUTIONS patient advocates, philanthropic organiza- place. tions, industry, and Federal, State, and local According to Politico, Maryland governments have led to advanced break- spent $118 million to set up its own ex- throughs, early detection tools that have in- change, and State officials did such a SENATE RESOLUTION 445—RECOG- creased survival rates, and a better quality bad job that they are now planning to NIZING THE IMPORTANCE OF of life for cancer survivors; scrap the whole thing and use software CANCER RESEARCH AND THE Whereas precision medicine holds great from Connecticut’s exchange. Massa- CONTRIBUTIONS OF SCIENTISTS, promise in treating cancer; and chusetts spent $57 million. Politico CLINICIANS, AND PATIENT AD- Whereas advances in cancer research have VOCATES ACROSS THE UNITED had significant implications for the treat- called the program in Massachusetts ment of other costly diseases, such as diabe- ‘‘fatally crippled.’’ Nevada spent $51 STATES WHO ARE DEDICATED TO FINDING A CURE FOR CAN- tes, heart disease, Alzheimer’s disease, HIV/ million. Politico says salvaging that AIDS, and macular degeneration: Now, exchange ‘‘would be a huge feat.’’ Or- CER, AND DESIGNATING MAY therefore, be it egon spent $248 million to set up its 2014 AS ‘‘NATIONAL CANCER RE- Resolved, That the Senate— own exchange. It was such a spectac- SEARCH MONTH’’ (1) recognizes the importance of cancer re- ular failure that CNBC ran a headline Mrs. FEINSTEIN (for herself and Mr. search and the invaluable contributions of researchers in the United States and around on May 5 stating ‘‘FBI probing Or- ISAKSON) submitted the following reso- the world who are dedicated to reversing the egon’s ObamaCare exchange.’’ The FBI lution; which was referred to the Com- cancer epidemic; is probing the exchange. The State mittee on the Judiciary: (2) designates May 2014 as ‘‘National Can- plans to use the Federal exchange from S. RES. 445 cer Research Month’’; and now on, getting rid of their State ex- Whereas in 2014, cancer remains one of the (3) supports efforts to establish cancer re- change. That is the kind of double-dip- most pressing public health concerns in the search as a national and international pri- ping our bill goes after. United States; ority to eventually eliminate the more than Why should Democrats in Wash- Whereas in 2014, more than 1,600,000 indi- 200 diseases that collectively represent can- ington, DC, be telling taxpayers across viduals in the United States are expected to cer. America that they have to pay for the be diagnosed with cancer and more than f 585,000 individuals in the United States are failures of State officials in Massachu- AMENDMENTS SUBMITTED AND setts, Nevada, Maryland, Oregon, and expected to die from the disease; Whereas 1 in 2 men in the United States PROPOSED other States that may find themselves will be diagnosed with cancer during his life- SA 3065. Mr. MCCAIN submitted an amend- in the same situation? time, and 1 in 3 women in the United States ment intended to be proposed by him to the Democrats have said and the Presi- will be diagnosed with cancer during her life- bill H.R. 3474, to amend the Internal Revenue dent continues to say that he wants ev- time; Code of 1986 to allow employers to exempt eryone to have a fair shot. Are Ameri- Whereas 77 percent of individuals diag- employees with health coverage under cans from other States who have to nosed with cancer are over the age of 55; TRICARE or the Veterans Administration pay higher taxes because of these failed Whereas cancer accounts for approxi- from being taken into account for purposes exchanges getting a fair shot? Well, mately 1 in every 4 deaths, is the second of the employer mandate under the Patient they are not. most common cause of disease-related death Protection and Affordable Care Act; which in the United States, and is projected to be- Our bill will start to give a fair shot was ordered to lie on the table. come the number 1 disease-related killer of SA 3066. Mr. MCCAIN (for himself, Mr. to Americans who don’t want to pay individuals in the United States; COBURN, and Mr. LEE) submitted an amend- twice to bail out incompetent State bu- Whereas racial and ethnic minorities, as ment intended to be proposed by him to the reaucrats. It will give a fair shot to well as low-income and elderly populations, bill H.R. 3474, supra; which was ordered to lie Americans who want to reclaim some continue to suffer disproportionately in can- on the table. of their hard-earned taxpayer dollars. cer incidence, prevalence, and mortality; SA 3067. Mr. MCCAIN (for himself, Mr. This is just one of many ideas Repub- Whereas the term ‘‘cancer’’ refers to more COBURN, and Mr. LEE) submitted an amend- licans have offered and will continue to than 200 diseases that collectively rep- ment intended to be proposed by him to the offer to create a patient-centered ap- resent— bill H.R. 3474, supra; which was ordered to lie (1) the leading cause of death for individ- proach to health care. The plans we on the table. uals in the United States under the age of 85; SA 3068. Mr. MCCAIN (for himself, Mr. have offered will solve the biggest and COBURN, and Mr. LEE) submitted an amend- problems families face, which is the (2) the second leading cause of death for all ment intended to be proposed by him to the cost of care and access to care, prob- individuals in the United States; bill H.R. 3474, supra; which was ordered to lie lems that seem to have been ignored Whereas cancer is expected to cost the on the table. when Democrats forced this law United States economy an estimated SA 3069. Mrs. SHAHEEN submitted an through Congress. That means meas- $216,000,000,000 in 2014, and the economic bur- amendment intended to be proposed by her ures that would allow small businesses den of cancer is expected to rise as the num- to the bill H.R. 3474, supra; which was or- ber of cancer deaths increases; dered to lie on the table. to pull together in order to buy health Whereas the United States investment in SA 3070. Mrs. SHAHEEN submitted an insurance for employees. Small busi- cancer research has yielded substantial ad- amendment intended to be proposed by her nesses deserve a fair shot. It means let- vances in cancer research and has saved to the bill H.R. 3474, supra; which was or- ting people shop for health insurance many lives; dered to lie on the table. that works for them and their fami- Whereas scholars estimate that every 1 SA 3071. Mrs. SHAHEEN submitted an lies—not what the government says is percent decline in cancer mortality saves the amendment intended to be proposed by her best for them but what they say is best United States economy $500,000,000,000; to the bill H.R. 3474, supra; which was or- for themselves and their families. Peo- Whereas advancements in understanding dered to lie on the table. the causes, mechanisms, diagnoses, treat- SA 3072. Mr. ROBERTS (for himself, Mr. ple deserve a fair shot at buying a plan ment, and prevention of cancer have led to ENZI, Mr. HATCH, Mr. BURR, Mr. FLAKE, Mr. that is best for themselves and their cures for many types of cancer and have con- ISAKSON, Mr. CORNYN, Mr. THUNE, Mr. CRAPO, families. It means adequately funding verted other types of cancer into manageable and Mr. GRASSLEY) submitted an amendment State high-risk pools that help people chronic conditions; intended to be proposed by him to the bill

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H.R. 3474, supra; which was ordered to lie on SA 3093. Mr. REID proposed an amendment (2) CONFORMING AMENDMENTS.— the table. to the bill H.R. 3474, supra. (A) EXTRAORDINARY DIVIDENDS.—Section SA 3073. Mr. ROBERTS (for himself and SA 3094. Mr. REID proposed an amendment 965(b)(2) is amended— Mr. BARRASSO) submitted an amendment in- to amendment SA 3093 proposed by Mr. REID (i) by striking ‘‘June 30, 2003’’ and inserting tended to be proposed by him to the bill H.R. to the bill H.R. 3474, supra. ‘‘April 30, 2014’’, and 3474, supra; which was ordered to lie on the SA 3095. Mr. REID proposed an amendment (ii) by adding at the end the following new table. to amendment SA 3094 proposed by Mr. REID sentence: ‘‘The amounts described in clauses SA 3074. Mr. ROBERTS (for himself, Mr. to the amendment SA 3093 proposed by Mr. (i), (ii), and (iii) shall not include any FLAKE, Mr. ISAKSON, Mr. THUNE, Mr. ENZI, REID to the bill H.R. 3474, supra. amounts which were taken into account in Mr. CORNYN, Mr. HATCH, Mr. CRAPO, and Mr. SA 3096. Mr. REID (for Mr. COONS) proposed determining the deduction under subsection GRASSLEY) submitted an amendment in- an amendment to the resolution S. Res. 314, (a) for any prior taxable year.’’. tended to be proposed by him to the bill H.R. commemorating and supporting the goals of (B) DETERMINATIONS RELATING TO RELATED 3474, supra; which was ordered to lie on the World AIDS Day. PARTY INDEBTEDNESS.—Section 965(b)(3)(B) is table. SA 3097. Mr. REID (for Mr. COONS) proposed amended by striking ‘‘October 3, 2004’’ and SA 3075. Ms. MURKOWSKI (for herself and an amendment to the resolution S. Res. 314, inserting ‘‘April 30, 2014’’. Mr. BEGICH) submitted an amendment in- supra. (C) DETERMINATIONS RELATING TO BASE PE- tended to be proposed by her to the bill H.R. SA 3098. Ms. CANTWELL (for herself, Mr. RIOD.—Section 965(c)(2) is amended by strik- 3474, supra; which was ordered to lie on the THUNE, Mr. CORNYN, Mr. NELSON, Mrs. MUR- ing ‘‘June 30, 2003’’ and inserting ‘‘April 30, table. RAY, and Mr. ENZI) submitted an amendment 2014’’. SA 3076. Mr. BARRASSO (for himself, Mr. intended to be proposed by her to the bill HATCH, Mr. ROBERTS, Mr. ENZI, and Mr. ISAK- H.R. 3474, to amend the Internal Revenue (b) DEDUCTION INCLUDES CURRENT AND AC- SON) submitted an amendment intended to be Code of 1986 to allow employers to exempt CUMULATED FOREIGN EARNINGS.— proposed by him to the bill H.R. 3474, supra; employees with health coverage under (1) IN GENERAL.—Paragraph (1) of section which was ordered to lie on the table. TRICARE or the Veterans Administration 965(b) is amended to read as follows: SA 3077. Mr. THUNE (for himself, Mr. ROB- from being taken into account for purposes ‘‘(1) IN GENERAL.—The amount of dividends ERTS, Mr. ISAKSON, and Mr. FLAKE) sub- of the employer mandate under the Patient taken into account under subsection (a) shall mitted an amendment intended to be pro- Protection and Affordable Care Act; which not exceed the sum of the current and accu- posed by him to the bill H.R. 3474, supra; was ordered to lie on the table. mulated earnings and profits described in which was ordered to lie on the table. SA 3099. Mrs. HAGAN submitted an amend- section 959(c)(3) for the year a deduction is SA 3078. Mr. THUNE (for himself, Mr. COR- ment intended to be proposed by her to the claimed under subsection (a), without dimi- NYN, Mr. ROBERTS, and Mr. ISAKSON) sub- bill H.R. 3474, supra; which was ordered to lie nution by reason of any distributions made mitted an amendment intended to be pro- on the table. during the election year, for all controlled posed by him to the bill H.R. 3474, supra; SA 3100. Mr. GRASSLEY (for himself and foreign corporations of the United States which was ordered to lie on the table. Mr. NELSON) submitted an amendment in- shareholder.’’. SA 3079. Mr. THUNE (for himself, Mr. tended to be proposed by him to the bill H.R. (2) CONFORMING AMENDMENTS.— CARDIN, and Mr. ROBERTS) submitted an 3474, supra; which was ordered to lie on the (A) Section 965(c), as amended by sub- amendment intended to be proposed by him table. section (a), is amended by striking paragraph to the bill H.R. 3474, supra; which was or- (1) and by redesignating paragraphs (2), (3), f dered to lie on the table. (4), and (5), as paragraphs (1), (2), (3), and (4), SA 3080. Mr. THUNE submitted an amend- TEXT OF AMENDMENTS respectively. ment intended to be proposed by him to the (B) Paragraph (4) of section 965(c), as redes- SA 3065. Mr. MCCAIN submitted an bill H.R. 3474, supra; which was ordered to lie ignated by subparagraph (A), is amended to on the table. amendment intended to be proposed by read as follows: SA 3081. Mr. COONS (for himself, Mr. him to the bill H.R. 3474, to amend the ‘‘(4) CONTROLLED GROUPS.—All United MORAN, Ms. STABENOW, and Ms. MURKOWSKI) Internal Revenue Code of 1986 to allow States shareholders which are members of an submitted an amendment intended to be pro- employers to exempt employees with affiliated group filing a consolidated return posed by him to the bill H.R. 3474, supra; under section 1501 shall be treated as one which was ordered to lie on the table. health coverage under TRICARE or the SA 3082. Mr. KING submitted an amend- Veterans Administration from being United States shareholder.’’. ment intended to be proposed by him to the taken into account for purposes of the (c) AMOUNT OF DEDUCTION.— bill H.R. 3474, supra; which was ordered to lie employer mandate under the Patient (1) IN GENERAL.—Paragraph (1) of section on the table. Protection and Affordable Care Act; 965(a) is amended by striking ‘‘85 percent’’ and inserting ‘‘75 percent’’. SA 3083. Mr. BOOKER (for himself and Mr. which was ordered to lie on the table; SCOTT) submitted an amendment intended to (2) BONUS DEDUCTION IN SUBSEQUENT TAX- be proposed by him to the bill H.R. 3474, as follows: ABLE YEAR FOR INCREASING JOBS.—Section 965 supra; which was ordered to lie on the table. At the end, add the following: is amended by adding at the end the fol- SA 3084. Mr. TOOMEY submitted an TITLE l—FOREIGN EARNINGS lowing new subsection: amendment intended to be proposed by him REINVESTMENT ‘‘(g) BONUS DEDUCTION.— to the bill H.R. 3474, supra; which was or- SEC. l01. SHORT TITLE. ‘‘(1) IN GENERAL.—In the case of any tax- dered to lie on the table. This title may be cited as the ‘‘Foreign payer who makes an election to apply this SA 3085. Mr. TOOMEY submitted an Earnings Reinvestment Act’’. section, there shall be allowed as a deduction amendment intended to be proposed by him SEC. l02. ALLOWANCE OF TEMPORARY DIVI- for the first taxable year following the elec- to the bill H.R. 3474, supra; which was or- DENDS RECEIVED DEDUCTION FOR tion year an amount equal to the applicable dered to lie on the table. DIVIDENDS RECEIVED FROM A CON- percentage of the cash dividends which are SA 3086. Mr. HATCH (for himself, Mr. TROLLED FOREIGN CORPORATION. taken into account under subsection (a) with ALEXANDER, Mr. COATS, and Mr. THUNE) sub- (a) APPLICABILITY OF PROVISION.— respect to such taxpayer for the election mitted an amendment intended to be pro- (1) IN GENERAL.—Subsection (f) of section year. posed by him to the bill H.R. 3474, supra; 965 is amended to read as follows: ‘‘(2) APPLICABLE PERCENTAGE.—For pur- which was ordered to lie on the table. ‘‘(f) ELECTION; ELECTION YEAR.— poses of paragraph (1), the applicable per- SA 3087. Mr. HATCH (for himself, Mr. ‘‘(1) IN GENERAL.—The taxpayer may elect centage is the amount which bears the same LEXANDER, and Mr. THUNE) submitted an A to apply this section to— ratio (not greater than 1) to 10 percent as— amendment intended to be proposed by him ‘‘(A) the taxpayer’s last taxable year which ‘‘(A) the excess (if any) of— to the bill H.R. 3474, supra; which was or- begins before the date of the enactment of ‘‘(i) the qualified payroll of the taxpayer dered to lie on the table. the Foreign Earnings Reinvestment Act, or SA 3088. Mr. BURR (for himself and Mr. for the calendar year which begins with or ‘‘(B) the taxpayer’s first taxable year within the first taxable year following the MANCHIN) submitted an amendment intended which begins during the 1-year period begin- election year, over to be proposed by him to the bill H.R. 3474, ning on such date. supra; which was ordered to lie on the table. ‘‘(ii) the qualified payroll of the taxpayer SA 3089. Mr. REID proposed an amendment Such election may be made for a taxable for calendar year 2013, bears to to amendment SA 3060 proposed by Mr. year only if made on or before the due date ‘‘(B) 10 percent of the qualified payroll of WYDEN to the bill H.R. 3474, supra. (including extensions) for filing the return of the taxpayer for calendar year 2013. SA 3090. Mr. REID proposed an amendment tax for such taxable year. ‘‘(3) QUALIFIED PAYROLL.—For purposes of to amendment SA 3089 proposed by Mr. REID ‘‘(C) ELECTION YEAR.—For purposes of this this paragraph: to the amendment SA 3060 proposed by Mr. section, the term ‘election year’ means the ‘‘(A) IN GENERAL.—The term ‘qualified pay- WYDEN to the bill H.R. 3474, supra. taxable year— roll’ means, with respect to a taxpayer for SA 3091. Mr. REID proposed an amendment ‘‘(i) which begins after the date that is one any calendar year, the aggregate wages (as to the bill H.R. 3474, supra. year before the date of the enactment of the defined in section 3121(a)) paid by the cor- SA 3092. Mr. REID proposed an amendment Foreign Earnings Reinvestment Act, and poration during such calendar year. to amendment SA 3091 proposed by Mr. REID ‘‘(ii) to which the taxpayer elects under ‘‘(B) EXCEPTION FOR CHANGES IN OWNERSHIP to the bill H.R. 3474, supra. paragraph (1) to apply this section.’’. OF TRADES OR BUSINESSES.—

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‘‘(i) ACQUISITIONS.—If, after December 31, ‘‘(ii) EXCEPTION FOR CHANGES IN OWNERSHIP TITLE ll—OTHER PROVISIONS 2012, and before the close of the first taxable OF TRADES OR BUSINESSES.—Such term does SEC. l01. EMPLOYEE PAYROLL TAX HOLIDAY year following the election year, a taxpayer not include— FOR NEWLY HIRED VETERANS. acquires the trade or business of a prede- ‘‘(I) any individual who was an employee, (a) IN GENERAL.—Subsection (d) of section on the date of acquisition, of any trade or cessor, then the qualified payroll of such tax- 3111 is amended to read as follows: payer for any calendar year shall be in- business acquired by the taxpayer during the ‘‘(d) SPECIAL EXEMPTION FOR ELIGIBLE VET- creased by so much of the qualified payroll 24-month period referred to in subparagraph ERANS HIRED DURING CERTAIN CALENDAR of the predecessor for such calendar year as (A), and QUARTERS.— was attributable to the trade or business ac- ‘‘(II) any individual who was an employee ‘‘(1) IN GENERAL.—Subsection (a) shall not quired by the taxpayer. of any trade or business disposed of by the taxpayer during the 24-month period referred apply to 50 percent of the wages paid by the ‘‘(ii) DISPOSITIONS.—If, after December 31, employer with respect to employment during 2012, and before the close of the first taxable to in subparagraph (A) or the 24-month pe- riod referred to in subparagraph (C). the holiday period of any eligible veteran for year following the election year, a taxpayer services performed— disposes of a trade or business, then— ‘‘(E) AGGREGATION RULES.—In determining the taxpayer’s average employment level ‘‘(A) in a trade or business of the employer, ‘‘(I) the qualified payroll of such taxpayer or for calendar year 2013 shall be decreased by and prior average employment, all domestic members of a controlled group shall be treat- ‘‘(B) in the case of an employer exempt the amount of wages for such calendar year from tax under section 501(a), in furtherance as were attributable to the trade or business ed as a single taxpayer.’’. (d) EFFECTIVE DATE.—The amendments of the activities related to the purpose or which was disposed of by the taxpayer, and made by this section shall apply to taxable function constituting the basis of the em- ‘‘(II) if the disposition occurs after the be- years ending after the date of the enactment ployer’s exemption under such section. ginning of the first taxable year following of this Act. ‘‘(2) HOLIDAY PERIOD.—For purposes of this the election year, the qualified payroll of subsection, the term ‘holiday period’ means such taxpayer for the calendar year which SA 3066. Mr. MCCAIN (for himself, the period of 4 consecutive calendar quarters begins with or within such taxable year shall Mr. COBURN, and Mr. LEE) submitted an beginning with the first day of the first cal- be decreased by the amount of wages for amendment intended to be proposed by endar quarter beginning after the date of the such calendar year as were attributable to him to the bill H.R. 3474, to amend the enactment of the EXPIRE Act of 2014. the trade or business which was disposed of Internal Revenue Code of 1986 to allow ‘‘(3) ELIGIBLE VETERAN.—For purposes of by the taxpayer. this subsection— ‘‘(C) SPECIAL RULE.—For purposes of deter- employers to exempt employees with ‘‘(A) IN GENERAL.—The term ‘eligible vet- mining qualified payroll for any calendar health coverage under TRICARE or the eran’ means a veteran who— year after calendar year 2014, such term shall Veterans Administration from being ‘‘(i) begins work for the employer during not include wages paid to any individual if taken into account for purposes of the the holiday period, such individual received compensation from employer mandate under the Patient ‘‘(ii) was discharged or released from the the taxpayer for services performed— Protection and Affordable Care Act; Armed Forces of the United States under ‘‘(i) after the date of the enactment of this which was ordered to lie on the table; conditions other than dishonorable, and paragraph, and as follows: ‘‘(iii) is not an individual described in sec- ‘‘(ii) at a time when such individual was tion 51(i)(1) (applied by substituting ‘em- Strike section 123. not an employee of the taxpayer.’’. ployer’ for ‘taxpayer’ each place it appears). Strike section 121. (3) REDUCTION FOR FAILURE TO MAINTAIN EM- ‘‘(B) VETERAN.—The term ‘veteran’ means PLOYMENT LEVELS.—Paragraph (4) of section SA 3067. Mr. MCCAIN (for himself, any individual who— ‘‘(i) has served on active duty (other than 965(b) is amended to read as follows: Mr. COBURN, and Mr. LEE) submitted an ‘‘(4) REDUCTION IN BENEFITS FOR FAILURE TO amendment intended to be proposed by active duty for training) in the Armed MAINTAIN EMPLOYMENT LEVELS.— Forces of the United States for a period of him to the bill H.R. 3474, to amend the ‘‘(A) IN GENERAL.—If, during the period more than 180 days, or has been discharged consisting of the calendar month in which Internal Revenue Code of 1986 to allow or released from active duty in the Armed the taxpayer first receives a distribution de- employers to exempt employees with Forces of the United States for a service-con- scribed in subsection (a)(1) and the suc- health coverage under TRICARE or the nected disability (within the meaning of sec- ceeding 23 calendar months, the taxpayer Veterans Administration from being tion 101 of title 38, United States Code), does not maintain an average employment taken into account for purposes of the ‘‘(ii) has not served on extended active level at least equal to the taxpayer’s prior employer mandate under the Patient duty (as such term is used in section average employment, an additional amount Protection and Affordable Care Act; 51(d)(3)(B)) in the Armed Forces of the equal to $75,000 multiplied by the number of which was ordered to lie on the table; United States on any day during the 60-day period ending on the hiring date, and employees by which the taxpayer’s average as follows: employment level during such period falls ‘‘(iii) provides to the employer a copy of below the prior average employment (but not the individual’s DD Form 214, Certificate of Mr. MCCAIN (for himself, exceeding the aggregate amount allowed as a SA 3068. Release or Discharge from Active Duty, that deduction pursuant to subsection (a)(1)) shall Mr. COBURN, and Mr. LEE) submitted an includes the nature and type of discharge. be taken into income by the taxpayer during amendment intended to be proposed by ‘‘(4) ELECTION.—An employer may elect not the taxable year that includes the final day him to the bill H.R. 3474, to amend the to have this subsection apply. Such election of such period. Internal Revenue Code of 1986 to allow shall be made in such manner as the Sec- ‘‘(B) AVERAGE EMPLOYMENT LEVEL.—For employers to exempt employees with retary may require. purposes of this paragraph, the taxpayer’s health coverage under TRICARE or the ‘‘(5) COORDINATION WITH WORK OPPORTUNITY average employment level for a period shall Veterans Administration from being CREDIT.—For coordination with the work op- portunity credit, see section 51(3)(D).’’. be the average number of full-time United taken into account for purposes of the States employees of the taxpayer, measured (b) COORDINATION WITH WORK OPPORTUNITY employer mandate under the Patient CREDIT.— at the end of each month during the period. Protection and Affordable Care Act; ‘‘(C) PRIOR AVERAGE EMPLOYMENT.—For (1) IN GENERAL.—Paragraph (3) of section purposes of this paragraph, the taxpayer’s which was ordered to lie on the table; 51(d) of the Internal Revenue Code of 1986 is ‘prior average employment’ shall be the av- as follows: amended by adding at the end the following erage number of full-time United States em- Strike section 129. new subparagraph: ployees of the taxpayer during the period ‘‘(D) DENIAL OF CREDIT FOR VETERANS SUB- consisting of the 24 calendar months imme- SA 3069. Mrs. SHAHEEN submitted JECT TO 50 PERCENT PAYROLL TAX HOLIDAY.—If diately preceding the calendar month in an amendment intended to be proposed section 3111(d)(1) (as amended by the EX- which the taxpayer first receives a distribu- by her to the bill H.R. 3474, to amend PIRE Act of 2014) applies to any wages paid tion described in subsection (a)(1). the Internal Revenue Code of 1986 to by an employer, the term ‘qualified veteran’ does not include any individual who begins ‘‘(D) FULL-TIME UNITED STATES EMPLOYEE.— allow employers to exempt employees work for the employer during the holiday pe- For purposes of this paragraph— with health coverage under TRICARE ‘‘(i) IN GENERAL.—The term ‘full-time riod (as defined in section 3111(d)(2)) unless or the Veterans Administration from the employer makes an election not to have United States employee’ means an individual being taken into account for purposes who provides services in the United States as section 3111(d) apply.’’. of the employer mandate under the Pa- a full-time employee, based on the employ- (2) CONFORMING AMENDMENT.—Subsection er’s standards and practices; except that re- tient Protection and Affordable Care (c) of section 51 of such Code is amended by gardless of the employer’s classification of Act; which was ordered to lie on the striking paragraph (5). the employee, an employee whose normal table; as follows: schedule is 40 hours or more per week is con- At the appropriate place, insert the fol- SA 3070. Mrs. SHAHEEN submitted sidered a full-time employee. lowing: an amendment intended to be proposed

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00054 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S3035 by her to the bill H.R. 3474, to amend (4) STREAMLINED SALES AND USE TAX AGREE- 1986 shall apply for purposes of determining the Internal Revenue Code of 1986 to MENT.—For purposes of this subsection, the the status of organizations under section allow employers to exempt employees term ‘‘Streamlined Sales and Use Tax Agree- 501(c)(4) of the Internal Revenue Code of 1986 with health coverage under TRICARE ment’’ means the multi-State agreement after the date of the enactment of this Act. or the Veterans Administration from with that title adopted on November 12, 2002, (b) PROHIBITION ON MODIFICATION OF STAND- as in effect on the date of the enactment of ARD.—The Secretary of the Treasury may being taken into account for purposes this Act and as further amended from time not (nor may any delegate of such Secretary) of the employer mandate under the Pa- to time. issue, revise, or finalize any regulation (in- tient Protection and Affordable Care (c) WAIVER AND APPEAL.— cluding the proposed regulations published Act; which was ordered to lie on the (1) WAIVER.—Subsection (a) may be waived at 78 Fed. Reg. 71535 (November 29, 2013)), table; as follows: or suspended in the Senate only by an af- revenue ruling, or other guidance not limited At the appropriate place, insert the fol- firmative vote of three-fifths of the Mem- to a particular taxpayer relating to the lowing: bers, duly chosen and sworn. standard and definitions specified in sub- TITLE ll—OTHER PROVISIONS (2) APPEAL.—An affirmative vote of three- section (a). fifths of the Members of the Senate, duly (c) APPLICATION TO ORGANIZATIONS.—Ex- SEC. ll01. POINT OF ORDER AGAINST LEGISLA- chosen and sworn, shall be required to sus- TION THAT WOULD AUTHORIZE cept as provided in subsection (d), this sec- STATES TO REQUIRE REMOTE SALES tain an appeal of the ruling of the Chair on tion shall apply with respect to any organi- TAX COLLECTION WITHOUT CER- a point of order raised under subsection (a). zation claiming tax exempt status under sec- TAIN LIMITATIONS. tion 501(c)(4) of the Internal Revenue Code of (a) POINT OF ORDER.—It shall not be in SA 3071. Mrs. SHAHEEN submitted 1986 which was created on, before, or after order in the Senate to consider any bill, an amendment intended to be proposed the date of the enactment of this Act. joint resolution, motion, amendment, or con- by her to the bill H.R. 3474, to amend (d) SUNSET.—This section shall not apply ference report that authorizes States to re- the Internal Revenue Code of 1986 to after the one-year period beginning on the quire remote sales tax collection unless such allow employers to exempt employees date of the enactment of this Act. legislation includes language similar to the with health coverage under TRICARE model limitation in subsection (b). SA 3073. Mr. ROBERTS (for himself (b) MODEL LIMITATION.—The model limita- or the Veterans Administration from and Mr. BARRASSO) submitted an tion under this subsection is as follows: being taken into account for purposes amendment intended to be proposed by (1) IN GENERAL.—The authority of any of the employer mandate under the Pa- him to the bill H.R. 3474, to amend the State to require remote sales tax collection tient Protection and Affordable Care Internal Revenue Code of 1986 to allow shall not apply with respect to any remote Act; which was ordered to lie on the seller that is not a qualifying remote seller. employers to exempt employees with table; as follows: (2) QUALIFYING REMOTE SELLER.—For pur- health coverage under TRICARE or the poses of this subsection— At the appropriate place, insert the fol- Veterans Administration from being lowing: (A) IN GENERAL.—The term ‘‘qualifying re- taken into account for purposes of the mote seller’’ means— — TITLE ll OTHER PROVISIONS employer mandate under the Patient (i) any remote seller that meets the owner- SEC. l01. SPECIAL CHANGE IN STATUS RULE ship requirements of subparagraph (B); or FOR EMPLOYEES WHO BECOME ELI- Protection and Affordable Care Act; (ii) any remote seller the majority of do- GIBLE FOR TRICARE. which was ordered to lie on the table; mestic employees of which are primarily em- (a) IN GENERAL.—Subsection (g) of section as follows: ployed at a location in a participating State. 125 is amended by adding at the end the fol- At the appropriate place, insert the fol- (B) OWNERSHIP REQUIREMENTS.—A remote lowing new paragraph: lowing: seller meets the ownership requirements of ‘‘(5) CHANGE IN STATUS RELATING TO SEC. ll. PROTECTING PATIENTS FROM HIGHER this subparagraph if— TRICARE ELIGIBILITY.—For purposes of this PREMIUMS. (i) in the case of a remote seller that is a section, if a cafeteria plan permits an em- Section 9010 of the Patient Protection and publicly traded corporation, more than 50 ployee to revoke an election during a period Affordable Care Act (Public Law 111–148), as percent of the covered employees (as defined of coverage and to make a new election amended by section 10905 of such Act and by in section 162(m)(3)) of the Internal Revenue based on a change in status event, an event section 1406 of the Health Care and Edu- Code of 1986) of such corporation reside in that causes the employee to become eligible cation Reconciliation Act of 2010 (Public participating States; for coverage under the TRICARE program Law 111–152), is repealed. (ii) in the case of a remote seller that is a shall be treated as a change in status corporation (other than a publicly traded event.’’. SA 3074. Mr. ROBERTS (for himself, corporation), more than 50 percent of the (b) EFFECTIVE DATE.—The amendment stock (by vote or value) of such corporation made by this section shall apply to events Mr. FLAKE, Mr. ISAKSON, Mr. THUNE, is held by individuals residing in partici- occurring after the date of the enactment of Mr. ENZI, Mr. CORNYN, Mr. HATCH, Mr. pating States; this Act. CRAPO, and Mr. GRASSLEY) submitted (iii) in the case of a remote seller that is a an amendment intended to be proposed partnership, more than 50 percent of the SA 3072. Mr. ROBERTS (for himself, by him to the bill H.R. 3474, to amend profits interests or capital interests in such Mr. ENZI, Mr. HATCH, Mr. BURR, Mr. the Internal Revenue Code of 1986 to partnership is held by individuals residing in FLAKE, Mr. ISAKSON, Mr. CORNYN, Mr. allow employers to exempt employees participating States; and THUNE, Mr. CRAPO, and Mr. GRASSLEY) (iv) in the case of any other remote seller, with health coverage under TRICARE more than 50 percent of the beneficial inter- submitted an amendment intended to or the Veterans Administration from ests in the entity is held by individuals re- be proposed by him to the bill H.R. being taken into account for purposes siding in participating States. 3474, to amend the Internal Revenue of the employer mandate under the Pa- (C) ATTRIBUTION RULES.—For purposes of Code of 1986 to allow employers to ex- tient Protection and Affordable Care subparagraph (B), the rules of section 318(a) empt employees with health coverage Act; which was ordered to lie on the of the Internal Revenue Code of 1986 shall under TRICARE or the Veterans Ad- table; as follows: apply. ministration from being taken into ac- At the appropriate place, insert the fol- (D) AGGREGATION RULES.—For purposes of count for purposes of the employer this paragraph, all persons treated as a sin- lowing: gle employer under subsection (a) or (b) of mandate under the Patient Protection TITLE ll—OTHER PROVISIONS and Affordable Care Act; which was or- section 52 of the Internal Revenue Code of SEC. l01. PROHIBITION ON PERFORMANCE 1986 or subsection (m) or (o) of section 414 of dered to lie on the table; as follows: AWARDS TO IRS EMPLOYEES WHO such Code shall be treated as one person. At the appropriate place, insert the fol- OWE BACK TAXES. (3) PARTICIPATING STATE.—The term ‘‘par- lowing: (a) IN GENERAL.—The Commissioner of the ticipating State’’ means— TITLE ll—OTHER PROVISIONS Internal Revenue Service shall not provide (A) a Member State under the Streamlined any performance award (including, but not SEC. l01. APPLICABLE STANDARD FOR DETER- Sales and Use Tax Agreement which has ex- MINATIONS OF WHETHER AN ORGA- limited to, bonuses, step increases, and time ercised authority under subsection (a); or NIZATION IS OPERATED EXCLU- off) to an employee of the Internal Revenue (B) a State that— SIVELY FOR THE PROMOTION OF SO- Service who owes an outstanding Federal tax (i) is not a Member State under the CIAL WELFARE. debt. Streamlined Sales and Use Tax Agreement; (a) IN GENERAL.—The standard and defini- (b) OUTSTANDING FEDERAL TAX DEBT.—For (ii) enacts legislation to exercise the au- tions as in effect on January 1, 2010, which purposes of this section, the term ‘‘out- thority to require remote sales tax collec- are used to determine whether an organiza- standing Federal tax debt’’ means any out- tion; and tion is operated exclusively for the pro- standing debt under the Internal Revenue (iii) implements such other requirements motion of social welfare for purposes of sec- Code of 1986 which has not been paid after an as Congress shall provide. tion 501(c)(4) of the Internal Revenue Code of assessment of a tax, penalty, or interest and

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A debt shall not fail to be treated as an (v) by striking ‘‘2016’’ in the 3rd line of the SON) submitted an amendment in- outstanding Federal tax debt merely because table and inserting ‘‘2018’’, tended to be proposed by him to the it is the subject of an installment agreement (vi) by striking ‘‘2015’’ in the 2nd line of bill H.R. 3474, to amend the Internal under section 6159 of such Code or an offer- the table and inserting ‘‘2017’’, and in-compromise under section 7121 of such (vii) by striking ‘‘2014’’ in the 1st line of Revenue Code of 1986 to allow employ- Code. the table and inserting ‘‘2016’’, and ers to exempt employees with health (B) in paragraph (2)— coverage under TRICARE or the Vet- SA 3075. Ms. MURKOWSKI (for her- (i) by striking ‘‘2018’’ in the heading and in- erans Administration from being taken self and Mr. BEGICH) submitted an serting ‘‘2020’’, and into account for purposes of the em- amendment intended to be proposed by (ii) by striking ‘‘2018’’ and inserting ‘‘2020’’. ployer mandate under the Patient Pro- her to the bill H.R. 3474, to amend the (c) EFFECTIVE DATE.—The amendments tection and Affordable Care Act; which Internal Revenue Code of 1986 to allow made by this section shall take effect as if was ordered to lie on the table; as fol- employers to exempt employees with included in section 9010 of the Patient Pro- lows: tection and Affordable Care Act. health coverage under TRICARE or the Strike section 111 and insert the following: Veterans Administration from being SA 3077. Mr. THUNE (for himself, Mr. SEC. 111. RESEARCH CREDIT SIMPLIFIED AND taken into account for purposes of the MADE PERMANENT. ROBERTS, Mr. ISAKSON, and Mr. FLAKE) employer mandate under the Patient (a) IN GENERAL.—Subsection (a) of section submitted an amendment intended to 41 is amended to read as follows: Protection and Affordable Care Act; be proposed by him to the bill H.R. ‘‘(a) IN GENERAL.—For purposes of section which was ordered to lie on the table; 3474, to amend the Internal Revenue 38, the research credit determined under this as follows: Code of 1986 to allow employers to ex- section for the taxable year shall be an At the end, add the following: amount equal to the sum of— empt employees with health coverage ‘‘(1) 20 percent of so much of the qualified TITLE l—EXTENSION OF OTHER under TRICARE or the Veterans Ad- PROVISIONS research expenses for the taxable year as ex- ministration from being taken into ac- ceeds 50 percent of the average qualified re- SEC. l01. EXTENSION OF CREDIT FOR THE PRO- count for purposes of the employer search expenses for the 3 taxable years pre- DUCTION OF LOW SULFUR DIESEL FUEL. mandate under the Patient Protection ceding the taxable year for which the credit (a) IN GENERAL.—Paragraph (4) of section and Affordable Care Act; which was or- is being determined, 45H(c) is amended by striking ‘‘earlier of the dered to lie on the table; as follows: ‘‘(2) 20 percent of so much of the basic re- search payments for the taxable year as ex- date which is 1 year after the date’’ and in- Strike section 127 and insert the following: serting ‘‘later of the date’’. ceeds 50 percent of the average basic re- (b) EFFECTIVE DATE.—The amendment SEC. 127. PERMANENT EXTENSION OF EXPENS- search payments for the 3 taxable years pre- made by this section shall apply to expenses ING CERTAIN DEPRECIABLE BUSI- ceding the taxable year for which the credit NESS ASSETS FOR SMALL BUSINESS. paid or incurred after December 31, 2009, in is being determined, plus (a) IN GENERAL.— taxable years ending after such date. ‘‘(3) 20 percent of the amounts paid or in- (1) DOLLAR LIMITATION.—Paragraph (1) of curred by the taxpayer in carrying on any SA 3076. Mr. BARRASSO (for him- section 179(b) is amended by striking ‘‘shall trade or business of the taxpayer during the not exceed—’’ and all that follows and insert- self, Mr. HATCH, Mr. ROBERTS, Mr. taxable year (including as contributions) to ing ‘‘shall not exceed $500,000.’’. an energy research consortium for energy re- ENZI, and Mr. ISAKSON) submitted an (2) REDUCTION IN LIMITATION.—Paragraph search.’’. amendment intended to be proposed by (2) of section 179(b) is amended by striking (b) REPEAL OF TERMINATION.—Section 41 is him to the bill H.R. 3474, to amend the ‘‘exceeds—’’ and all that follows and insert- amended by striking subsection (h). Internal Revenue Code of 1986 to allow ing ‘‘exceeds $2,000,000.’’. (c) CONFORMING AMENDMENTS.— employers to exempt employees with (b) COMPUTER SOFTWARE.—Clause (ii) of (1) Subsection (c) of section 41 is amended health coverage under TRICARE or the section 179(d)(1)(A) is amended by striking ‘‘, to read as follows: ‘‘(c) DETERMINATION OF AVERAGE RESEARCH Veterans Administration from being to which section 167 applies, and which is placed in service in a taxable year beginning EXPENSES FOR PRIOR YEARS.— taken into account for purposes of the ‘‘(1) SPECIAL RULE IN CASE OF NO QUALIFIED employer mandate under the Patient after 2002 and before 2014’’ and inserting ‘‘and to which section 167 applies’’. RESEARCH EXPENDITURES IN ANY OF 3 PRE- Protection and Affordable Care Act; CEDING TAXABLE YEARS.—In any case in (c) ELECTION.—Paragraph (2) of section which the taxpayer has no qualified research which was ordered to lie on the table; 179(c) is amended— expenses in any one of the 3 taxable years as follows: (1) by striking ‘‘may not be revoked’’ and preceding the taxable year for which the At the appropriate place, insert the fol- all that follows through ‘‘and before 2014’’, credit is being determined, the amount de- lowing: and termined under subsection (a)(1) for such (2) by striking ‘‘IRREVOCABLE’’ in the head- TITLE ll—OTHER PROVISIONS taxable year shall be equal to 10 percent of ing thereof. SEC. llll. PROTECTING PATIENTS FROM the qualified research expenses for the tax- HIGHER PREMIUMS. (d) AIR CONDITIONING AND HEATING UNITS.— able year. Paragraph (1) of section 179(d) is amended by (a) IN GENERAL.—Subsection (a)(1) of sec- ‘‘(2) CONSISTENT TREATMENT OF EXPENSES.— striking ‘‘and shall not include air condi- tion 9010 of the Patient Protection and Af- ‘‘(A) IN GENERAL.—Notwithstanding wheth- fordable Care Act (Public Law 111-148), as tioning or heating units’’. er the period for filing a claim for credit or amended by section 10905 of such Act and by (e) QUALIFIED REAL PROPERTY.—Subsection refund has expired for any taxable year section 1406 of the Health Care and Edu- (f) of section 179 is amended— taken into account in determining the aver- cation Reconciliation Act of 2010 (Public (1) by striking ‘‘beginning in 2010, 2011, age qualified research expenses, or average Law 111-152), is amended by striking ‘‘2013’’ 2012, or 2013’’ in paragraph (1), and basic research payments, taken into account and inserting ‘‘2015’’. (2) by striking paragraphs (3) and (4). under subsection (a), the qualified research (b) CONFORMING AMENDMENTS.— (f) INFLATION ADJUSTMENT.—Subsection (b) expenses and basic research payments taken (1) Subsection (j) of section 9010 of the Pa- of section 179 is amended by adding at the into account in determining such averages tient Protection and Affordable Care Act end the following new paragraph: shall be determined on a basis consistent (Public Law 111-148), as amended by section ‘‘(6) INFLATION ADJUSTMENT.— with the determination of qualified research 10905 of such Act and by section 1406 of the ‘‘(A) IN GENERAL.—In the case of any tax- expenses and basic research payments, re- Health Care and Education Reconciliation able year beginning after 2014, the dollar spectively, for the credit year. Act of 2010 (Public Law 111-152), is amended amounts in paragraphs (1) and (2) shall each ‘‘(B) PREVENTION OF DISTORTIONS.—The by striking ‘‘2013’’ and inserting ‘‘2015’’. be increased by an amount equal to— Secretary may prescribe regulations to pre- (2) Subsection (e) of section 9010 of the Pa- ‘‘(i) such dollar amount, multiplied by vent distortions in calculating a taxpayer’s tient Protection and Affordable Care Act ‘‘(ii) the cost-of-living adjustment deter- qualified research expenses or basic research (Public Law 111-148), as amended by section mined under section 1(c)(2)(A) for such cal- payments caused by a change in accounting 10905 of such Act and by section 1406 of the endar year, determined by substituting cal- methods used by such taxpayer between the Health Care and Education Reconciliation endar year 2013 for calendar year 2012 in current year and a year taken into account Act of 2010 (Public Law 111-152), is amended— clause (ii) thereof. in determining the average qualified re- (A) in paragraph (1)— ‘‘(B) ROUNDING.—The amount of any in- search expenses or average basic research (i) by striking ‘‘2019’’ in the heading and in- crease under subparagraph (A) shall be payments taken into account under sub- serting ‘‘2021’’, rounded to the nearest multiple of $10,000.’’. section (a).’’. (ii) by striking ‘‘2019’’ and inserting ‘‘2021’’, (g) EFFECTIVE DATE.—The amendments (2) Section 41(e) is amended— (iii) by striking ‘‘2018’’ in the last line of made by this section shall apply to taxable (A) by striking all that precedes paragraph the table and inserting ‘‘2020’’, years beginning after December 31, 2013. (6) and inserting the following:

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‘‘(e) BASIC RESEARCH PAYMENTS.—For pur- tions made in taxable years beginning after (2) by inserting ‘‘or’’ before ‘‘industrial poses of this section— December 31, 2013. source’’, ‘‘(1) IN GENERAL.—The term ‘basic research SEC. 138. REDUCED RECOGNITION PERIOD FOR (3) by inserting a period after ‘‘carbon di- payment’ means, with respect to any taxable BUILT-IN GAINS OF S CORPORA- oxide’’, and year, any amount paid in cash during such TIONS MADE PERMANENT. (4) by striking ‘‘, or the transportation or taxable year by a corporation to any quali- (a) IN GENERAL.—Paragraph (7) of section storage’’ and all that follows and inserting fied organization for basic research but only 1374(d) is amended to read as follows: the following: if— ‘‘(7) RECOGNITION PERIOD.— ‘‘(ii) RENEWABLE ENERGY.—The generation ‘‘(A) such payment is pursuant to a written ‘‘(A) IN GENERAL.—The term recognition of electric power exclusively utilizing any agreement between such corporation and period means the 5-year period beginning resource described in section 45(c)(1) or en- such qualified organization, and with the 1st day of the 1st taxable year for ergy property described in section 48 (deter- ‘‘(B) such basic research is to be performed which the corporation was an S corporation. mined without regard to any termination by such qualified organization. For purposes of applying this section to any date), or in the case of a facility described in ‘‘(2) EXCEPTION TO REQUIREMENT THAT RE- amount includible in income by reason of paragraph (3) or (7) of section 45(d) (deter- SEARCH BE PERFORMED BY THE ORGANIZA- distributions to shareholders pursuant to mined without regard to any placed in serv- TION.—In the case of a qualified organization section 593(e), the preceding sentence shall ice date or date by which construction of the described in subparagraph (C) or (D) of para- be applied without regard to the phrase 5- facility is required to begin), the accepting graph (3), subparagraph (B) of paragraph (1) year. or processing of such resource. shall not apply.’’, ‘‘(B) INSTALLMENT SALES.—If an S corpora- ‘‘(iii) ELECTRICITY STORAGE DEVICES.—The (B) by redesignating paragraphs (6) and (7) tion sells an asset and reports the income receipt and sale of electric power that has as paragraphs (3) and (4), respectively, and from the sale using the installment method been stored in a device directly connected to (C) in paragraph (4) as so redesignated, by under section 453, the treatment of all pay- the grid. striking subparagraphs (B) and (C) and by re- ments received shall be governed by the pro- ‘‘(iv) COMBINED HEAT AND POWER.—The gen- designating subparagraphs (D) and (E) as visions of this paragraph applicable to the eration, storage, or distribution of thermal subparagraphs (B) and (C), respectively. taxable year in which such sale was made.’’. energy exclusively utilizing property de- (3) Section 41(f)(3)is amended— (b) EFFECTIVE DATE.—The amendment scribed in section 48(c)(3) (determined with- (A)(i) by striking ‘‘, and the gross receipts’’ made by this section shall apply to taxable out regard to subparagraphs (B) and (D) in subparagraph (A)(i) and all that follows years beginning after December 31, 2013. thereof and without regard to any placed in through ‘‘determined under clause (iii)’’, service date). (ii) by striking clause (iii) of subparagraph SA 3080. Mr. THUNE submitted an ‘‘(v) RENEWABLE THERMAL ENERGY.—The (A) and redesignating clauses (iv), (v), and amendment intended to be proposed by generation, storage, or distribution of ther- (vi), thereof, as clauses (iii), (iv), and (v), re- him to the bill H.R. 3474, to amend the mal energy exclusively using any resource spectively, described in section 45(c)(1) or energy prop- Internal Revenue Code of 1986 to allow erty described in clause (i) or (iii) of section (iii) by striking ‘‘and (iv)’’ each place it ap- employers to exempt employees with pears in subparagraph (A)(iv) (as so redesig- 48(a)(3)(A). health coverage under TRICARE or the ‘‘(vi) WASTE HEAT TO POWER.—The use of re- nated) and inserting ‘‘and (iii)’’, coverable waste energy, as defined in section (iv) by striking subclause (IV) of subpara- Veterans Administration from being 371(5) of the Energy Policy and Conservation graph (A)(iv) (as so redesignated), by strik- taken into account for purposes of the Act (42 U.S.C. 6341(5)) (as in effect on the ing ‘‘, and’’ at the end of subparagraph employer mandate under the Patient date of the enactment of the Master Limited (A)(iv)(III) (as so redesignated) and inserting Protection and Affordable Care Act; Partnerships Parity Act). a period, and by adding ‘‘and’’ at the end of which was ordered to lie on the table; ‘‘(vii) RENEWABLE FUEL INFRASTRUCTURE.— subparagraph (A)(iv)(II) (as so redesignated), as follows: The storage or transportation of any fuel de- (v) by striking ‘‘(A)(vi)’’ in subparagraph Strike section 106 and insert the following: scribed in subsection (b), (c), (d), or (e) of (B) and inserting ‘‘(A)(v)’’, and section 6426. (vi) by striking ‘‘(A)(iv)(II)’’ in subpara- SEC. 106. PERMANENT EXTENSION OF DEDUC- TION OF STATE AND LOCAL GEN- ‘‘(viii) RENEWABLE FUELS.—The production, graph (B)(i)(II) and inserting ‘‘(A)(iii)(II)’’, ERAL SALES TAXES. storage, or transportation of any renewable (B) by striking ‘‘, and the gross receipts of (a) IN GENERAL.—Section 164(b)(5) is fuel described in section 211(o)(1)(J) of the the predecessor,’’ in subparagraph (A)(iv)(II) amended by striking subparagraph (I). Clean Air Act (42 U.S.C. 7545(o)(1)(J)) (as in (as so redesignated), (b) EFFECTIVE DATE.—The amendment effect on the date of the enactment of the (C) by striking ‘‘, and the gross receipts made by this section shall apply to taxable Master Limited Partnerships Parity Act) or of,’’ in subparagraph (B), years beginning after December 31, 2013. section 40A(d)(1). (D) by striking ‘‘, or gross receipts of,’’ in ‘‘(ix) RENEWABLE CHEMICALS.—The produc- subparagraph (B)(i)(I), and SA 3081. Mr. COONS (for himself, Mr. tion, storage, or transportation of any re- (E) by striking subparagraph (C). MORAN, Ms. STABENOW, and Ms. MUR- newable chemical (as defined in paragraph (d) EFFECTIVE DATE.— KOWSKI (6)). (1) IN GENERAL.—Except as provided in ) submitted an amendment in- ‘‘(x) ENERGY EFFICIENT BUILDINGS.—The paragraph (2), the amendments made by this tended to be proposed by him to the audit and installation through contract or section shall apply to taxable years begin- bill H.R. 3474, to amend the Internal other agreement of any energy efficient ning after December 31, 2013. Revenue Code of 1986 to allow employ- building property described in section (2) SUBSECTION (b).—The amendment made ers to exempt employees with health 179D(c)(1). by subsection (b) shall apply to amounts paid coverage under TRICARE or the Vet- ‘‘(xi) GASIFICATION WITH SEQUESTRATION.— or incurred after December 31, 2013. erans Administration from being taken The production of any product from a project SA 3079. Mr. THUNE (for himself, Mr. into account for purposes of the em- that meets the requirements of subpara- ployer mandate under the Patient Pro- graphs (A) and (B) of section 48B(c)(1) and CARDIN, and Mr. ROBERTS) submitted tection and Affordable Care Act; which that separates and sequesters in secure geo- an amendment intended to be proposed logical storage (as determined under section by him to the bill H.R. 3474, to amend was ordered to lie on the table; as fol- lows: 45Q(d)(2)) at least 75 percent of such project’s the Internal Revenue Code of 1986 to total qualified carbon dioxide (as defined in allow employers to exempt employees At the end, add the following: section 45Q(b)). with health coverage under TRICARE TITLE l—MASTER LIMITED ‘‘(xii) CARBON CAPTURE AND SEQUESTRA- or the Veterans Administration from PARTNERSHIPS TION.—The generation or storage of electric being taken into account for purposes SEC. l01. SHORT TITLE. power produced from any facility which is a qualified facility described in section 45Q(c) of the employer mandate under the Pa- This title may be cited as the ‘‘Master Limited Partnerships Parity Act’’. and which disposes of any captured qualified tient Protection and Affordable Care carbon dioxide (as defined in section 45Q(b)) Act; which was ordered to lie on the SEC. l02. EXTENSION OF PUBLICLY TRADED PARTNERSHIP OWNERSHIP STRUC- in secure geological storage (as determined table; as follows: TURE TO ENERGY POWER GENERA- under section 45Q(d)(2)).’’. Strike sections 137 and 138 and insert the TION PROJECTS, TRANSPORTATION (b) RENEWABLE CHEMICAL.—Section 7704(d) following: FUELS, AND RELATED ENERGY AC- is amended by adding at the end the fol- TIVITIES. lowing new paragraph: SEC. 137. PERMANENT RULE REGARDING BASIS ADJUSTMENT TO STOCK OF S COR- (a) IN GENERAL.—Subparagraph (E) of sec- ‘‘(6) RENEWABLE CHEMICAL.—The term ‘re- PORATIONS MAKING CHARITABLE tion 7704(d)(1) is amended— newable chemical’ means a monomer, poly- CONTRIBUTIONS OF PROPERTY. (1) by striking ‘‘income and gains derived mer, plastic, formulated product, or chem- (a) IN GENERAL.—Section 1367(a)(2) is from the exploration’’ and inserting ‘‘income ical substance produced from renewable bio- amended by striking the last sentence. and gains derived from the following: mass (as defined in section 9001(12) of the (b) EFFECTIVE DATE.—The amendment ‘‘(i) MINERALS, NATURAL RESOURCES, ETC.— Farm Security and Rural Investment Act of made by this section shall apply to contribu- The exploration’’, 2002 (7 U.S.C. 8101(12)), as in effect on the

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date of the enactment of the Master Limited ‘‘(c) LIMITATION ON NUMBER OF YEARS websites and no longer printed and to devise Partnerships Parity Act).’’. WHICH CREDIT MAY BE TAKEN INTO AC- a strategy to reduce overall Government (c) EFFECTIVE DATE.—The amendments COUNT.—The apprenticeship credit shall not printing costs over the 10-year period begin- made by this section shall take effect on the be allowed for more than 2 taxable years ning with fiscal year 2015, except that the Di- date of the enactment of this Act, in taxable with respect to any apprentice. rector shall ensure that essential printed years ending after such date. ‘‘(d) APPRENTICE.—For purposes of this sec- documents prepared for social security re- tion, the term ‘apprentice’ means any em- SA 3082. Mr. KING submitted an cipients, medicare beneficiaries, and other ployee who is employed by the employer— populations in areas with limited Internet amendment intended to be proposed by ‘‘(1) in an officially recognized access or use continue to remain available; him to the bill H.R. 3474, to amend the apprenticeable occupation, as determined by (2) establish government wide Federal Internal Revenue Code of 1986 to allow the Office of Apprenticeship of the Employ- guidelines on employee printing; and employers to exempt employees with ment and Training Administration of the De- (3) issue guidelines requiring every depart- health coverage under TRICARE or the partment of Labor, and ment, agency, commission, or office to list Veterans Administration from being ‘‘(2) pursuant to an apprentice agreement at a prominent place near the beginning of registered with— taken into account for purposes of the each publication distributed to the public ‘‘(A) the Office of Apprenticeship of the and issued or paid for by the Federal Govern- employer mandate under the Patient Employment and Training Administration of Protection and Affordable Care Act; ment— the Department of Labor, or (A) the name of the issuing agency, depart- which was ordered to lie on the table; ‘‘(B) a recognized State apprenticeship ment, commission, or office; as follows: agency, as determined by the Office of Ap- (B) the total number of copies of the docu- At the appropriate place, insert the fol- prenticeship of the Employment and Train- ment printed; lowing: ing Administration of the Department of (C) the collective cost of producing and SEC. ll. REQUIREMENTS WITH RESPECT TO Labor. printing all of the copies of the document; ‘‘(e) APPLICABLE APPRENTICESHIP LEVEL.— MEDICAL DEVICE PRICING. and ‘‘(1) IN GENERAL.—For purposes this sec- (a) PROHIBITION ON CONFIDENTIALITY (D) the name of the entity publishing the CLAUSES WITH RESPECT TO PRICING.—A med- tion, the applicable apprenticeship level document. ical device manufacturer may not require shall be equal to— hospitals or other buyers to sign purchasing ‘‘(A) in the case of any apprentice de- agreements that contain confidentiality scribed in subsection (b)(1), the amount SA 3084. Mr. TOOMEY submitted an clauses restricting such hospitals or buyers equal to 80 percent of the average number of amendment intended to be proposed by from revealing to third parties the prices such apprentices of the employer for the 3 him to the bill H.R. 3474, to amend the paid for medical devices. taxable years preceding the taxable year for (b) REPORTING ON SALES PRICES.—The Sec- which the credit is being determined, round- Internal Revenue Code of 1986 to allow retary of Health and Human Services shall ed to the next lower whole number; and employers to exempt employees with require medical device manufacturers to sub- ‘‘(B) in the case of any apprentices de- health coverage under TRICARE or the mit to such Secretary a quarterly report on scribed in subsection (b)(2), the amount Veterans Administration from being the average and median sales prices of cov- equal to 80 percent of the average number of taken into account for purposes of the ered devices, as defined in section 1128G(e) of such apprentices of the employer for the 3 the Social Security Act. employer mandate under the Patient taxable years preceding the taxable year for Protection and Affordable Care Act; SA 3083. Mr. BOOKER (for himself which the credit is being determined, round- ed to the next lower whole number. which was ordered to lie on the table; and Mr. SCOTT) submitted an amend- ‘‘(2) FIRST YEAR OF NEW APPRENTICESHIP as follows: ment intended to be proposed by him PROGRAMS.—In the case of an employer to the bill H.R. 3474, to amend the In- At the appropriate place, insert the fol- which did not have any apprentices during lowing: ternal Revenue Code of 1986 to allow any taxable year in the 3 taxable years pre- employers to exempt employees with ceding the taxable year for which the credit TITLE ll—OTHER PROVISIONS health coverage under TRICARE or the is being determined, the applicable appren- ticeship level shall be equal to zero. SEC. l01. PROHIBITION ON USE OF WAIVER Veterans Administration from being THREATENING BALD EAGLES. ‘‘(f) COORDINATION WITH OTHER CREDITS.— taken into account for purposes of the The amount of credit otherwise allowable (a) IN GENERAL.—Subsection (e) of section employer mandate under the Patient under sections 45A, 51(a), and 1396(a) with re- 45 is amended by adding at the end the fol- Protection and Affordable Care Act; spect to any employee shall be reduced by lowing new paragraph: which was ordered to lie on the table; the credit allowed by this section with re- ‘‘(12) PROTECTION OF BALD EAGLES.— as follows: spect to such employee. ‘‘(A) IN GENERAL.—Sales shall be taken At the end, add the following: ‘‘(g) CERTAIN RULES TO APPLY.—Rules into account under this section only with re- similar to the rules of subsections (i)(1) and TITLE l—LEVERAGING AND ENERGIZING spect to electricity produced by a taxpayer (k) of section 51 shall apply for purposes of who does not have in effect a waiver granted AMERICA’S APPRENTICESHIP PROGRAMS this section.’’. SEC. l01. SHORT TITLE. (b) CREDIT MADE PART OF GENERAL BUSI- by the Federal government or any agency or This title may be cited as the ‘‘Leveraging NESS CREDIT.—Subsection (b) of section 38, as instrumentality thereof from any Federal and Energizing America’s Apprenticeship amended by this Act, is amended by striking law or provision thereof protecting the life, Programs Act’’ or the ‘‘LEAP Act’’. ‘‘plus’’ at the end of paragraph (36), by strik- well-being, or habitat of the bald eagle. SEC. l02. CREDIT FOR EMPLOYEES PARTICI- ing the period at the end of paragraph (37) ‘‘(B) RECAPTURE OF BENEFIT.—In the case of PATING IN QUALIFIED APPRENTICE- and inserting ‘‘, plus’’, and by adding at the any taxpayer— SHIP PROGRAMS. end the following new paragraph: ‘‘(i) who has in effect a waiver described in (a) IN GENERAL.—Subpart D of part IV of ‘‘(38) the apprenticeship credit determined subparagraph (A) as of the date of the enact- subchapter A of chapter 1 is amended by add- under section 45S(a).’’. ment of this paragraph, and ing at the end the following new section: (c) DENIAL OF DOUBLE BENEFIT.—Sub- ‘‘(ii) who has claimed the credit under sec- ‘‘SEC. 45S. EMPLOYEES PARTICIPATING IN QUALI- section (a) of section 280C is amended by in- tion 38 by reason of this section for any pre- FIED APPRENTICESHIP PROGRAMS. serting ‘‘45S(a),’’ after ‘‘45P(a),’’. ceding taxable year, ‘‘(a) IN GENERAL.—For purposes of section (d) CLERICAL AMENDMENT.—The table of the tax imposed under subtitle A on the tax- 38, the apprenticeship credit determined sections for subpart D of part IV of sub- payer for the taxable year that includes such under this section for the taxable year is an chapter A of chapter 1 is amended by adding date of enactment shall be increased by so amount equal to the sum of the applicable at the end the following new item: much of such credit as was allowed under credit amounts (as determined under sub- ‘‘Sec. 45S. Employees participating in quali- section 38, and the general business section (b)) for each of apprentice of the em- fied apprenticeship programs.’’. ployer that exceeds the applicable appren- (e) EFFECTIVE DATE.—The amendments carryforwards under section 39 shall be ad- ticeship level (as determined under sub- made by this section shall apply to individ- justed so as to recapture the portion of such section (e)) during such taxable year. uals commencing apprenticeship programs credit which is equal to such amount. ‘‘(b) APPLICABLE CREDIT AMOUNT.—For pur- after the date of the enactment of this Act. ‘‘(C) RENUNCIATION OF WAIVER.—Any tax- poses of subsection (a), the applicable credit SEC. 3. LIMITATION ON GOVERNMENT PRINTING payer to whom subparagraph (B) would oth- amount for each apprentice for each taxable COSTS. erwise apply (but for the second sentence of year is equal to— Not later than 90 days after the date of en- this subparagraph) may elect to renounce in ‘‘(1) in the case of an apprentice who has actment of this Act, the Director of the Of- writing the waiver described in subparagraph not attained 25 years of age at the close of fice of Management and Budget shall coordi- (A). If such renunciation is made to the Sec- the taxable year, $1,500, or nate with the heads of Federal departments retary and to the appropriate Federal officer ‘‘(2) in the case of an apprentice who has and independent agencies to— of the agency that issued such waiver not attained 25 years of age at the close of the (1) determine which Government publica- later than 12 months after the date of the en- taxable year, $1,000. tions could be available on Government actment of this paragraph, such taxpayer

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00058 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S3039 shall be exempt from the increase in tax Protection and Affordable Care Act (and the fraudulently entering attendance and leave under subparagraph (B).’’. amendments made by such sections and sub- on time sheets; and (b) EFFECTIVE DATE.—The amendment sections) are repealed and the Internal Rev- (F) any other behavior determined by the made by this section shall apply to elec- enue Code of 1986 shall be applied and admin- Secretary (or the Secretary’s delegate) under tricity produced and sold after the date of istered as if such provisions and amendments regulations. the enactment of this Act. had never been enacted. (2) SERIOUSLY DELINQUENT TAX DEBT.—The term ‘‘seriously delinquent tax debt’’ means SA 3085. Mr. TOOMEY submitted an SA 3087. Mr. HATCH (for himself, Mr. an outstanding debt under the Internal Rev- amendment intended to be proposed by ALEXANDER, and Mr. THUNE) submitted enue Code of 1986 for which a notice of lien him to the bill H.R. 3474, to amend the an amendment intended to be proposed has been filed in public records pursuant to Internal Revenue Code of 1986 to allow by him to the bill H.R. 3474, to amend section 6323 of such Code, except that such employers to exempt employees with the Internal Revenue Code of 1986 to term does not include— health coverage under TRICARE or the allow employers to exempt employees (A) a debt that is being paid in a timely Veterans Administration from being manner pursuant to an agreement under sec- with health coverage under TRICARE tion 6159 or section 7122 of such Code; and taken into account for purposes of the or the Veterans Administration from employer mandate under the Patient (B) a debt with respect to which a collec- being taken into account for purposes tion due process hearing under section 6330 Protection and Affordable Care Act; of the employer mandate under the Pa- of such Code, or relief under subsection (a), which was ordered to lie on the table; tient Protection and Affordable Care (b), or (f) of section 6015 of such Code, is re- as follows: Act; which was ordered to lie on the quested or pending. On page 23, strike line 5 and all that fol- table; as follows: (3) DISCRETIONARY PERFORMANCE AWARDS.— lows through line 21 and insert the following: The term ‘‘discretionary performance At the end, add the following: (a) PERMANENT EXTENSION.—Section 45P is award’’ includes— amended by striking subsection (f). TITLE l—REPEAL OF EMPLOYER (A) any performance award based on an (b) EXPANSION OF CREDIT.— MANDATE employee’s performance as reflected in the (1) EXPANSION TO 100 PERCENT OF ELIGIBLE SEC. ll. PROTECT JOB CREATION. most recent rating of record; DIFFERENTIAL WAGE PAYMENTS.—Subsection Sections 1513 and 1514 and subsections (e), (B) any special act and manager award, or (a) of section 45P is amended by striking ‘‘20 (f), and (g) of section 10106 of the Patient any similar award based on individual or percent of’’. Protection and Affordable Care Act (and the group achievements; (2) ADJUSTMENT FOR INFLATION.—Sub- amendments made by such sections and sub- (C) any suggestion awards based on the section (b) of section 45P is amended by add- sections) are repealed and the Internal Rev- adoption of employee suggestions; and ing at the end the following new paragraph: enue Code of 1986 shall be applied and admin- (D) any quality step increase or within ‘‘(4) ADJUSTMENT FOR INFLATION.—In the istered as if such provisions and amendments grade pay increase based on performance rat- case of any taxable year beginning after 2014, had never been enacted. ings. the $20,000 amount in paragraph (1) shall be increased by an amount equal to— SA 3088. Mr. BURR (for himself and SA 3089. Mr. REID proposed an ‘‘(A) such dollar amount, multiplied by Mr. MANCHIN) submitted an amend- amendment to amendment SA 3060 pro- ‘‘(B) the cost-of-living adjustment deter- ment intended to be proposed by him mined under section 1(f)(3) for the calendar posed by Mr. WYDEN to the bill H.R. year in which the taxable year begins, by to the bill H.R. 3474, to amend the In- 3474, to amend the Internal Revenue substituting ‘calendar year 2013’ for ‘cal- ternal Revenue Code of 1986 to allow Code of 1986 to allow employers to ex- endar year 1992’ in subparagraph (B) thereof. employers to exempt employees with empt employees with health coverage If the amount as increased under the pre- health coverage under TRICARE or the under TRICARE or the Veterans Ad- ceding sentence is not a multiple of $100, Veterans Administration from being ministration from being taken into ac- such amount shall be rounded to the nearest taken into account for purposes of the count for purposes of the employer multiple of $100.’’. employer mandate under the Patient mandate under the Patient Protection (3) APPLICABILITY TO ALL EMPLOYERS.— Protection and Affordable Care Act; and Affordable Care Act; as follows: (A) IN GENERAL.—Subsection (a) of section which was ordered to lie on the table; 45P, as amended by paragraph (1), is amended At the end, add the following: as follows: This Act shall become effective 1 day after by striking ‘‘eligible small business em- enactment. ployer’’ and inserting ‘‘eligible employer’’. At the end, add the following: TITLE V—OTHER PROVISIONS (B) CONFORMING AMENDMENTS.—Paragraph SA 3090. Mr. REID proposed an (3) of section 45P(b) is amended— SEC. 501. RESTRICTION ON DISCRETIONARY BO- (i) in subparagraph (A)— NUSES FOR EMPLOYEES OF THE IN- amendment to amendment SA 3089 pro- (I) by striking ‘‘eligible small business em- TERNAL REVENUE SERVICE. posed by Mr. REID to the amendment ployer’’ and inserting ‘‘eligible employer’’, (a) IN GENERAL.—The Secretary of the SA 3060 proposed by Mr. WYDEN to the and Treasury (or the Secretary’s delegate) shall bill H.R. 3474, to amend the Internal (II) by striking ‘‘any employer which’’ and not provide any discretionary performance Revenue Code of 1986 to allow employ- all that follows and inserting ‘‘any employer award to any employee of the Internal Rev- ers to exempt employees with health which, under a written plan of the employer, enue Service with respect to whom there is substantial evidence of misconduct or seri- coverage under TRICARE or the Vet- provides eligible differential wage payments erans Administration from being taken to every qualified employee of the em- ously delinquent tax debt. ployer.’’, and (b) COORDINATION WITH COLLECTIVE BAR- into account for purposes of the em- GAINING AGREEMENTS.—For the purpose of (ii) by striking ‘‘ELIGIBLE SMALL BUSINESS ployer mandate under the Patient Pro- any collective bargaining agreement with EMPLOYER’’ in the heading and inserting ‘‘EL- tection and Affordable Care Act; as fol- the Internal Revenue Service, the Secretary IGIBLE EMPLOYER’’. lows: of the Treasury (or the Secretary’s delegate) In the amendment, strike ‘‘1 day’’ and in- shall consider the denial or withholding of a SA 3086. Mr. HATCH (for himself, Mr. sert ‘‘2 days’’. ALEXANDER, Mr. COATS, and Mr. THUNE) discretionary performance award for any em- submitted an amendment intended to ployee with respect to whom there is sub- SA 3091. Mr. REID proposed an stantial evidence of misconduct described in be proposed by him to the bill H.R. subsection (c)(1) or seriously delinquent tax amendment to the bill H.R. 3474, to 3474, to amend the Internal Revenue debt as an action necessary to protect the in- amend the Internal Revenue Code of Code of 1986 to allow employers to ex- tegrity of the Internal Revenue Service. 1986 to allow employers to exempt em- empt employees with health coverage (c) TERMS.—For purposes of this section— ployees with health coverage under under TRICARE or the Veterans Ad- (1) MISCONDUCT.—The term ‘‘misconduct’’ TRICARE or the Veterans Administra- ministration from being taken into ac- includes— tion from being taken into account for count for purposes of the employer (A) any misuse of, or delinquency with re- purposes of the employer mandate spect to, a travel charge card obtained mandate under the Patient Protection under the Patient Protection and Af- and Affordable Care Act; which was or- through the Federal Government; (B) any violation of section 1203(b) of the fordable Care Act; as follows: dered to lie on the table; as follows: Internal Revenue Service Restructuring and At the end, add the following: At the end, add the following: Reform Act of 1998; This Act shall become effective 3 days TITLE l—ELIMINATION OF INDIVIDUAL (C) any offense consisting of the possession after enactment. MANDATE or use of a controlled substance; SEC. l01. RESTORING INDIVIDUAL LIBERTY. (D) violent threats; SA 3092. Mr. REID proposed an Sections 1501 and 1502 and subsections (a), (E) fraudulent behavior, including fraudu- amendment to amendment SA 3091 pro- (b), (c), and (d) of section 10106 of the Patient lently claiming unemployment benefits and posed by Mr. REID to the bill H.R. 3474,

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00059 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S3040 CONGRESSIONAL RECORD — SENATE May 14, 2014 to amend the Internal Revenue Code of dressed the progress of intensified efforts to (A) extend such treatment to an additional 1986 to allow employers to exempt em- eliminate HIV and AIDS, including redou- amount of square meter equivalents of eligi- ployees with health coverage under bling efforts to achieve by 2015 universal ac- ble apparel articles that is equal to 10 per- TRICARE or the Veterans Administra- cess to HIV prevention, treatment, care, and cent of the initial limit for such year; and support, and to eliminate gender inequalities (B) publish notice of the extension in the tion from being taken into account for and gender-based abuse and violence and in- Federal Register. purposes of the employer mandate crease the capacity of women and adolescent (3) EXPORT SUCCESS PATTERN.— under the Patient Protection and Af- girls to protect themselves from the risk of (A) THREE YEAR INCREASE.—Subject to sub- fordable Care Act; as follows: HIV infection; paragraph (B), if the Commissioner takes the In the amendment, strike ‘‘3 days’’ and in- action described in paragraph (2) for a period sert ‘‘4 days’’. SA 3098. Ms. CANTWELL (for herself, of 3 consecutive covered calendar years, for Mr. THUNE, Mr. CORNYN, Mr. NELSON, subsequent covered calendar years the Com- missioner shall— SA 3093. Mr. REID proposed an Mrs. MURRAY, and Mr. ENZI) submitted amendment to the bill H.R. 3474, to (i) increase the initial limit for subsequent an amendment intended to be proposed covered calendar years by an additional amend the Internal Revenue Code of by her to the bill H.R. 3474, to amend amount of square meter equivalents of eligi- 1986 to allow employers to exempt em- the Internal Revenue Code of 1986 to ble apparel articles that is equal to 10 per- ployees with health coverage under allow employers to exempt employees cent of the initial limit for each covered cal- TRICARE or the Veterans Administra- with health coverage under TRICARE endar year of the previous 3-year period; and tion from being taken into account for or the Veterans Administration from (ii) publish notice of such increase in the purposes of the employer mandate being taken into account for purposes Federal Register. under the Patient Protection and Af- of the employer mandate under the Pa- (B) ADDITIONAL INCREASES.—If the initial limit is increased under subparagraph (A) for fordable Care Act; as follows: tient Protection and Affordable Care a period of 3 consecutive covered calendar At the end, add the following: Act; which was ordered to lie on the years, the initial limit for each such year— This Act shall become effective 5 days table; as follows: (i) shall be increased under paragraph (2), if after enactment. Beginning on page 8, strike line 19 and all the requirements of such paragraph are met that follows through page 9, line 3 and insert for such year; and SA 3094. Mr. REID proposed an the following: (ii) may be eligible for an additional in- amendment to amendment SA 3093 pro- SEC. 106. PERMANENT EXTENSION OF DEDUC- crease under subparagraph (A) no more fre- posed by Mr. REID to the bill H.R. 3474, TION FOR STATE AND LOCAL GEN- quently than once every 3 years. to amend the Internal Revenue Code of ERAL SALES TAXES. (c) EARNED IMPORT ALLOWANCE PROGRAM.— 1986 to allow employers to exempt em- (a) IN GENERAL.—Subparagraph (I) of sec- (1) MATCHING REQUIREMENT.—The aggre- tion 164(b)(5) is amended by striking ‘‘, and gate square meter equivalents of eligible ap- ployees with health coverage under parel articles of each producer or entity con- TRICARE or the Veterans Administra- before January 1, 2014’’. (b) EFFECTIVE DATE.—The amendment trolling production that may receive duty- tion from being taken into account for made by this section shall apply to taxable free treatment under this section during a purposes of the employer mandate years beginning after December 31, 2013. covered calendar year may not exceed the under the Patient Protection and Af- aggregate square meter equivalents of fabric fordable Care Act; as follows: SA 3099. Mrs. HAGAN submitted an wholly formed in the United States of yarns amendment intended to be proposed by wholly formed in the United States that was In the amendment, strike ‘‘5 days’’and in- previously exported from the United States sert ‘‘6 days’’. her to the bill H.R. 3474, to amend the by such producer or entity and for which the Internal Revenue Code of 1986 to allow producer or entity has available credits in SA 3095. Mr. REID proposed an employers to exempt employees with its account established under paragraph amendment to amendment SA 3094 pro- health coverage under TRICARE or the (3)(B). posed by Mr. REID to the amendment Veterans Administration from being (2) REQUIREMENT FOR PROGRAM.—The Sec- SA 3093 proposed by Mr. REID to the taken into account for purposes of the retary of Commerce shall establish a pro- bill H.R. 3474, to amend the Internal employer mandate under the Patient gram to provide earned import allowance certificates to any producer or entity con- Revenue Code of 1986 to allow employ- Protection and Affordable Care Act; ers to exempt employees with health trolling production of eligible apparel arti- which was ordered to lie on the table; cles for purposes of subsection (a), based on coverage under TRICARE or the Vet- as follows: the elements described in paragraph (3). erans Administration from being taken At the appropriate place, insert the fol- (3) ELEMENTS.—The elements described in into account for purposes of the em- lowing: this paragraph are the following: ployer mandate under the Patient Pro- SEC. ll. EXTENSION OF DUTY-FREE TREAT- (A) CREDITS.—One credit shall be issued to tection and Affordable Care Act; as fol- MENT FOR CERTAIN TROUSERS, a producer or an entity controlling produc- lows: BREECHES, OR SHORTS IMPORTED tion for every one square meter equivalent of FROM NICARAGUA. fabric wholly formed in the United States In the amendment, strike ‘‘6’’ and insert (a) DUTY-FREE TREATMENT.—Notwith- from yarns wholly formed in the United ‘‘7’’. standing the termination of the tariff pref- States that such producer or entity dem- erence level program for imports of apparel onstrates has been exported from the cus- SA 3096. Mr. REID (for Mr. COONS) articles from Nicaragua and subject to sub- toms territory of the United States. proposed an amendment to the resolu- section (b), eligible apparel articles shall (B) ACCOUNTS.—If requested by a producer tion S. Res. 314, commemorating and enter the United States free of duty if such or entity controlling production, the Sec- supporting the goals of World AIDS eligible apparel articles are accompanied by retary of Commerce shall create and main- Day; as follows: an earned import allowance certificate for tain an account for such producer or entity On page 5, beginning on line 6, strike ‘‘, as the amount of credits equal to the total into which credits issued under subparagraph well as’’ and all that follows through ‘‘AIDS’’ square meter equivalents of fabric in such el- (A) may be deposited. on line 8. igible apparel articles, in accordance with (C) CERTIFICATES.—A producer or entity the program established under subsection controlling production may redeem credits SA 3097. Mr. REID (for Mr. COONS) (c). issued under subparagraph (A) for earned im- proposed an amendment to the resolu- (b) QUANTITATIVE LIMITATION.— port allowance certificates for such number tion S. Res. 314, commemorating and (1) INITIAL LIMITATION.—Subject to para- of credits such producer or entity may re- graphs (2) and (3), duty-free treatment under quest and has available, subject to the cal- supporting the goals of World AIDS this section shall be extended for a covered endar year limits under subsection (b). Day; as follows: calendar year to an initial limit of not more (D) DOCUMENTATION.—The Secretary of Strike the second through fourth whereas than 50,000,000 square meter equivalents of Commerce may require that a producer or clauses of the preamble and insert the fol- eligible apparel articles unless that amount entity controlling production submit docu- lowing: is increased pursuant to paragraph (3) for mentation to verify the export of fabric Whereas the 2001 United Nations Declara- such year. wholly formed in the United States of yarns tion of Commitment on HIV/AIDS Global (2) EXPORT SUCCESS FACTOR.—If during a wholly formed in the United States. mobilized global attention and commitment covered calendar year the Secretary of Com- (E) VERIFICATION.—The Secretary of Com- to the HIV/AIDS epidemic and set out a se- merce determines that duty-free treatment merce may reconcile discrepancies in the in- ries of national targets and global actions to under this section has been extended to 90 formation provided under subparagraph (D) reverse the epidemic; percent or more of the initial limit for such and verify the accuracy of such information. Whereas the 2011 United Nations General year prior to the end of such year, the Com- (F) ELECTRONIC INFORMATION.—The pro- Assembly High Level Meeting on AIDS ad- missioner shall— gram shall be established so as to allow, to

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00060 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S3041 the extent feasible, the submission, storage, lents of eligible apparel articles that may be ‘‘(1) a certified professional employer orga- retrieval, and disclosure of information in extended duty-free treatment under this sec- nization shall be treated as the employer of electronic format, including information tion on the first day of a calendar year. any individual (other than a work site em- with respect to the earned import allowance (9) PRODUCER.—The term ‘‘producer’’ ployee or a person described in subsection certificates. means a person or other entity or group that (f)) who is performing services covered by a (G) SCHEDULE.—The Secretary of Com- exercises direct, daily operational control contract meeting the requirements of sec- merce shall establish procedures to carry out over the production process in Nicaragua. tion 7705(e)(2), but only with respect to re- the program under this subsection by the (10) TARIFF PREFERENCE LEVEL PROGRAM muneration remitted by such organization to date that is 90 days after the date of the en- FOR IMPORTS OF APPAREL ARTICLES FROM such individual, and actment of this Act, and may establish addi- NICARAGUA.—The term ‘‘tariff preference ‘‘(2) exclusions, definitions, and other rules tional requirements to carry out the pro- level program for imports of apparel articles which are based on the type of employer and gram. from Nicaragua’’ refers to the preferential which would (but for paragraph (1)) apply (H) PENALTIES.—If an importer, producer, tariff treatment for nonoriginating apparel shall apply with respect to such taxes im- or entity controlling production enters into goods of Nicaragua established pursuant to posed on such remuneration. the customs territory of the United States Article 3.28 of the Dominican Republic-Cen- ‘‘(d) TREATMENT OF CREDITS.— eligible apparel articles for which there are tral America-United States Free Trade ‘‘(1) IN GENERAL.—For purposes of any cred- insufficient earned credits, the Commis- Agreement and the letters described in sub- it specified in paragraph (2)— sioner may impose on such importer, pro- paragraphs (A) and (B) of section 1634(a)(2) of ‘‘(A) such credit with respect to a work ducer, or entity a penalty equal to the value the Miscellaneous Trade and Technical Cor- site employee performing services for the of such eligible apparel articles, in addition rections Act of 2006 (title XIV of Public Law customer applies to the customer, not the to existing penalties under section 592 of the 109–280; 120 Stat. 1167). certified professional employer organization, Tariff Act of 1930 (19 U.S.C. 1592), as appro- (e) EFFECTIVE PERIOD.—Duty-free treat- ‘‘(B) the customer, and not the certified priate. ment under this section shall be in effect for professional employer organization, shall (4) DETERMINATION OF QUANTITY OF SME.— the 10-year period beginning on January 1, take into account wages and employment For purposes of determining the quantity of 2015. taxes— ‘‘square meter equivalents’’ under this sec- ‘‘(i) paid by the certified professional em- tion, the conversion factors listed in Correla- SA 3100. Mr. GRASSLEY (for himself ployer organization with respect to the work tion: U.S. Textile and Apparel Category Sys- and Mr. NELSON) submitted an amend- site employee, and tem with the Harmonized Tariff Schedule of ment intended to be proposed by him ‘‘(ii) for which the certified professional the United States of America, 2013, or suc- to the bill H.R. 3474, to amend the In- employer organization receives payment cessor publication of the Office of Textiles ternal Revenue Code of 1986 to allow from the customer, and and Apparel of the Department of Commerce, ‘‘(C) the certified professional employer or- shall apply. employers to exempt employees with health coverage under TRICARE or the ganization shall furnish the customer with (d) DEFINITIONS.—In this section: any information necessary for the customer (1) COMMISSIONER.—The term ‘‘Commis- Veterans Administration from being to claim such credit. sioner’’ means the Commissioner responsible taken into account for purposes of the ‘‘(2) CREDITS SPECIFIED.—A credit is speci- for U.S. Customs and Border Protection. employer mandate under the Patient fied in this paragraph if such credit is al- (2) COVERED CALENDAR YEAR.—The term Protection and Affordable Care Act; lowed under— ‘‘covered calendar year’’ means a calendar ‘‘(A) section 41 (credit for increasing re- year during the 10-year period referred to in which was ordered to lie on the table; search activity), subsection (e). as follows: ‘‘(B) section 45A (Indian employment cred- (3) ELIGIBLE APPAREL ARTICLE.—The term At the end, add the following: it), ‘‘eligible apparel article’’ means woven trou- TITLE l—CERTIFIED PROFESSIONAL ‘‘(C) section 45B (credit for portion of em- sers, breeches, or shorts that are apparel ar- EMPLOYER ORGANIZATIONS ployer social security taxes paid with respect ticles described in subdivisions (a) and (b) of SEC. l01. CERTIFIED PROFESSIONAL EMPLOYER to employee cash tips), U.S. Note 15 to subchapter XV of chapter 99 ORGANIZATIONS. of the HTS imported from Nicaragua. ‘‘(D) section 45C (clinical testing expenses (a) EMPLOYMENT TAXES.—Chapter 25 is for certain drugs for rare diseases or condi- (4) ENTER; ENTRY.—The terms ‘‘enter’’ and amended by adding at the end the following tions), ‘‘entry’’ include a withdrawal from ware- new section: house for consumption. ‘‘(E) section 45R (employee health insur- ‘‘SEC. 3511. CERTIFIED PROFESSIONAL EM- ance expenses of small employers), (5) ENTITY CONTROLLING PRODUCTION.—The PLOYER ORGANIZATIONS. ‘‘(F) section 51 (work opportunity credit), term ‘‘entity controlling production’’ means ‘‘(a) GENERAL RULES.—For purposes of the ‘‘(G) section 1396 (empowerment zone em- a person or other entity or group that is not taxes, and other obligations, imposed by this ployment credit), a producer and that controls the production subtitle— ‘‘(H) 1400(d) (DC Zone employment credit), process in Nicaragua through a contractual ‘‘(1) a certified professional employer orga- ‘‘(I) Section 1400H (renewal community relationship or other indirect means. nization shall be treated as the employer employment credit), and (6) FABRIC WHOLLY FORMED IN THE UNITED (and no other person shall be treated as the ‘‘(J) any other section as provided by the STATES OF YARN WHOLLY FORMED IN THE employer) of any work site employee per- UNITED STATES.— Secretary. forming services for any customer of such or- ‘‘(e) SPECIAL RULE FOR RELATED PARTY.— (A) IN GENERAL.—The term ‘‘fabric wholly ganization, but only with respect to remu- This section shall not apply in the case of a formed in the United States of yarn wholly neration remitted by such organization to customer which bears a relationship to a cer- formed in the United States’’ means fabric— such work site employee, and tified professional employer organization de- (i) woven in the United States from fibers ‘‘(2) exclusions, definitions, and other rules scribed in section 267(b) or 707(b). For pur- or from yarns, the constituent staple fibers which are based on the type of employer and poses of the preceding sentence, such sec- of which are spun in the United States or the which would (but for paragraph (1)) apply tions shall be applied by substituting ‘10 per- continuous filament of which is extruded in shall apply with respect to such taxes im- cent’ for ‘50 percent’. the United States; posed on such remuneration. ‘‘(f) SPECIAL RULE FOR CERTAIN INDIVID- (ii) for which any dyeing, printing, or fin- ‘‘(b) SUCCESSOR EMPLOYER STATUS.—For UALS.—For purposes of the taxes imposed ishing is performed in the United States; and purposes of sections 3121(a)(1), 3231(e)(2)(C), under this subtitle, an individual with net (iii) exported to Nicaragua on or after and 3306(b)(1)— earnings from self-employment derived from April 1, 2014. ‘‘(1) a certified professional employer orga- the customer’s trade or business is not a (B) DE MINIMIS EXCEPTION.—Fabric that nization entering into a service contract work site employee with respect to remu- contains yarns not wholly formed in the with a customer with respect to a work site neration paid by a certified professional em- United States shall be considered ‘‘fabric employee shall be treated as a successor em- ployer organization. wholly formed in the United States of yarn ployer and the customer shall be treated as ‘‘(g) REGULATIONS.—The Secretary shall wholly formed in the United States’’ if the a predecessor employer during the term of prescribe such regulations as may be nec- total weight of all yarns not wholly formed such service contract, and essary or appropriate to carry out the pur- in the United States is not more than 10 per- ‘‘(2) a customer whose service contract poses of this section.’’. cent of the total weight of the fabric, except with a certified professional employer orga- (b) CERTIFIED PROFESSIONAL EMPLOYER OR- that any elastomeric yarn contained in the nization is terminated with respect to a GANIZATION DEFINED.—Chapter 79 is amended fabric must be wholly formed in the United work site employee shall be treated as a suc- by adding at the end the following new sec- States. cessor employer and the certified profes- tion: (7) HTS.—The term ‘‘HTS’’ means the Har- sional employer organization shall be treat- ‘‘SEC. 7705. CERTIFIED PROFESSIONAL EM- monized Tariff Schedule of the United States ed as a predecessor employer. PLOYER ORGANIZATIONS DEFINED. as in effect on the day before the date of the ‘‘(c) LIABILITY OF CERTIFIED PROFESSIONAL ‘‘(a) IN GENERAL.—For purposes of this enactment of this Act. EMPLOYER ORGANIZATION.—Solely for pur- title, the term ‘certified professional em- (8) INITIAL LIMIT.—The term ‘‘initial limit’’ poses of its liability for the taxes, and other ployer organization’ means a person who has means the quantity of square meter equiva- obligations, imposed by this subtitle— been certified by the Secretary for purposes

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00061 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE S3042 CONGRESSIONAL RECORD — SENATE May 14, 2014 of section 3511 as meeting the requirements and (3), all professional employer organiza- tion of who is an employee or employer for of subsection (b). tions that are members of a controlled group purposes of this title. ‘‘(b) GENERAL REQUIREMENTS.—A person within the meaning of sections 414(b) and (c) ‘‘(g) REGULATIONS.—The Secretary shall meets the requirements of this subsection if shall be treated as a single organization. prescribe such regulations as may be nec- such person— ‘‘(5) FAILURE TO FILE ASSERTION AND ATTES- essary or appropriate to carry out the pur- ‘‘(1) demonstrates that such person (and TATION.—If the certified professional em- poses of this section.’’. any owner, officer, and such other persons as ployer organization fails to file the assertion may be specified in regulations) meets such and attestation required by paragraph (3) (c) CONFORMING AMENDMENTS.— requirements as the Secretary shall estab- with respect to any calendar quarter, then (1) Section 3302 is amended by adding at lish with respect to tax status, background, the requirements of paragraph (3) with re- the end the following new subsection: experience, business location, and annual fi- spect to such failure shall be treated as not ‘‘(h) TREATMENT OF CERTIFIED PROFES- nancial audits, satisfied for the period beginning on the due SIONAL EMPLOYER ORGANIZATIONS.—If a cer- ‘‘(2) computes its taxable income using an date for such attestation. tified professional employer organization (as accrual method of accounting unless the ‘‘(6) REVIEW DATE.—For purposes of para- defined in section 7705), or a customer of Secretary approves another method, graph (3)(A), the review date shall be 6 such organization, makes a contribution to ‘‘(3) agrees that it will satisfy the bond and months after the completion of the organiza- the State’s unemployment fund with respect independent financial review requirements of tion’s fiscal year. to a work site employee, such organization subsection (c) on an ongoing basis, ‘‘(d) SUSPENSION AND REVOCATION AUTHOR- shall be eligible for the credits available ‘‘(4) agrees that it will satisfy such report- ITY.—The Secretary may suspend or revoke a under this section with respect to such con- ing obligations as may be imposed by the certification of any person under subsection tribution.’’. Secretary, (b) for purposes of section 3511 if the Sec- (2) Section 3303(a) is amended— ‘‘(5) agrees to verify on such periodic basis retary determines that such person is not (A) by striking the period at the end of as the Secretary may prescribe that it con- satisfying the representations or require- paragraph (3) and inserting ‘‘; and’’ and by tinues to meet the requirements of this sub- ments of subsections (b) or (c), or fails to inserting after paragraph (3) the following section, and satisfy applicable accounting, reporting, new paragraph: ‘‘(6) agrees to notify the Secretary in writ- payment, or deposit requirements. ‘‘(4) if the taxpayer is a certified profes- ing within such time as the Secretary may ‘‘(e) WORK SITE EMPLOYEE.—For purposes sional employer organization (as defined in prescribe of any change that materially af- of this title— section 7705) that is treated as the employer fects whether it continues to meet the re- ‘‘(1) IN GENERAL.—The term ‘work site em- under section 3511, such certified profes- quirements of this subsection. ployee’ means, with respect to a certified sional employer organization is permitted to ‘‘(c) BOND AND INDEPENDENT FINANCIAL RE- professional employer organization, an indi- collect and remit, in accordance with para- VIEW REQUIREMENTS.— vidual who— graphs (1), (2), and (3), contributions during ‘‘(1) IN GENERAL.—An organization meets ‘‘(A) performs services for a customer pur- the taxable year to the State unemployment the requirements of this paragraph if such suant to a contract which is between such fund with respect to a work site employee.’’, organization— customer and the certified professional em- and ‘‘(A) meets the bond requirements of para- ployer organization and which meets the re- (B) in the last sentence— graph (2), and quirements of paragraph (2), and (i) by striking ‘‘paragraphs (1), (2), and (3)’’ ‘‘(B) meets the independent financial re- ‘‘(B) performs services at a work site meet- and inserting ‘‘paragraphs (1), (2), (3), and view requirements of paragraph (3). ing the requirements of paragraph (3). (4)’’, and ‘‘(2) BOND.— ‘‘(2) SERVICE CONTRACT REQUIREMENTS.—A (ii) by striking ‘‘paragraph (1), (2), or (3)’’ ‘‘(A) IN GENERAL.—A certified professional contract meets the requirements of this and inserting ‘‘paragraph (1), (2), (3), or (4)’’. employer organization meets the require- paragraph with respect to an individual per- (3) Section 6053(c) is amended by adding at ments of this paragraph if the organization forming services for a customer if such con- the end the following new paragraph: has posted a bond for the payment of taxes tract is in writing and provides that the cer- ‘‘(8) CERTIFIED PROFESSIONAL EMPLOYER OR- under subtitle C (in a form acceptable to the tified professional employer organization GANIZATIONS.—For purposes of any report re- Secretary) in an amount at least equal to shall— quired by this subsection, in the case of a the amount specified in subparagraph (B). ‘‘(A) assume responsibility for payment of certified professional employer organization ‘‘(B) AMOUNT OF BOND.—For the period wages to such individual, without regard to April 1 of any calendar year through March that is treated under section 3511 as the em- the receipt or adequacy of payment from the ployer of a work site employee, the customer 31 of the following calendar year, the amount customer for such services, of the bond required is equal to the greater with respect to whom a work site employee ‘‘(B) assume responsibility for reporting, performs services shall be the employer for of— withholding, and paying any applicable taxes ‘‘(i) 5 percent of the organization’s liability purposes of reporting under this section and under subtitle C, with respect to such indi- the certified professional employer organiza- under section 3511 for taxes imposed by sub- vidual’s wages, without regard to the receipt title C during the preceding calendar year tion shall furnish to the customer any infor- or adequacy of payment from the customer mation necessary to complete such reporting (but not to exceed $1,000,000), or for such services, ‘‘(ii) $50,000. no later than such time as the Secretary ‘‘(C) assume responsibility for any em- shall prescribe.’’. ‘‘(3) INDEPENDENT FINANCIAL REVIEW RE- ployee benefits which the service contract QUIREMENTS.—A certified professional em- may require the organization to provide, (d) CLERICAL AMENDMENTS.— ployer organization meets the requirements without regard to the receipt or adequacy of (1) The table of sections for chapter 25 is of this paragraph if such organization— payment from the customer for such serv- amended by adding at the end the following ‘‘(A) has, as of the most recent review date, ices, new item: caused to be prepared and provided to the ‘‘(D) assume responsibility for hiring, fir- ‘‘Sec. 3511. Certified professional employer Secretary (in such manner as the Secretary ing, and recruiting workers in addition to organizations.’’. may prescribe) an opinion of an independent the customer’s responsibility for hiring, fir- (2) The table of sections for chapter 79 is certified public accountant that the certified ing and recruiting workers, amended by inserting after the item relating professional employer organization’s finan- ‘‘(E) maintain employee records relating to to section 7704 the following new item: cial statements are presented fairly in ac- such individual, and cordance with generally accepted accounting ‘‘(F) agree to be treated as a certified pro- ‘‘Sec. 7705. Certified professional employer principles, and fessional employer organization for purposes organizations defined.’’. ‘‘(B) provides, not later than the last day of section 3511 with respect to such indi- (e) REPORTING REQUIREMENTS AND OBLIGA- of the second month beginning after the end vidual. TIONS.—The Secretary of the Treasury shall of each calendar quarter, to the Secretary ‘‘(3) WORK SITE COVERAGE REQUIREMENT.— develop such reporting and recordkeeping from an independent certified public ac- The requirements of this paragraph are met rules, regulations, and procedures as the Sec- countant an assertion regarding Federal em- with respect to an individual if at least 85 retary determines necessary or appropriate ployment tax payments and an examination percent of the individuals performing serv- to ensure compliance with the amendments level attestation on such assertion. ices for the customer at the work site where made by this section with respect to entities Such assertion shall state that the organiza- such individual performs services are subject applying for certification as certified profes- tion has withheld and made deposits of all to 1 or more contracts with the certified pro- sional employer organizations or entities taxes imposed by chapters 21, 22, and 24 of fessional employer organization which meet that have been so certified. Such rules shall the Internal Revenue Code in accordance the requirements of paragraph (2) (but not include— with regulations imposed by the Secretary taking into account those individuals who (1) notification of the Secretary in the case for such calendar quarter and such examina- are excluded employees within the meaning of the commencement or termination of a tion level attestation shall state that such of section 414(q)(5)). service contract described in section assertion is fairly stated, in all material re- ‘‘(f) DETERMINATION OF EMPLOYMENT STA- 7705(e)(2) of the Internal Revenue Code of spects. TUS.—Except to the extent necessary for pur- 1986 between such a person and a customer, ‘‘(4) CONTROLLED GROUP RULES.—For pur- poses of section 3511, nothing in this section and the employer identification number of poses of the requirements of paragraphs (2) shall be construed to affect the determina- such customer, and

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00062 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S3043 (2) such other information as the Secretary COMMITTEE ON HEALTH, EDUCATION, LABOR, a hearing entitled, ‘‘The Role of Miti- determines is essential to promote compli- AND PENSIONS gation in Reducing Federal Expendi- ance with respect to the credits identified in Mr. LEAHY. Mr. President, I ask tures for Disaster Response.’’ section 3511(d) of such Code, and unanimous consent that the Com- The PRESIDING OFFICER. Without shall be designed in a manner which stream- mittee on Health, Education, Labor, objection, it is so ordered. lines, to the extent possible, the application and Pensions be authorized to meet f of requirements of such amendments, the ex- during the session of the Senate on change of information between a certified EXECUTIVE SESSION professional employer organization and its May 14, 2014, at 10 a.m. in room SD–430 customers, and the reporting and record- of the Dirksen Senate Office Building. keeping obligations of the certified profes- The PRESIDING OFFICER. Without sional employer organization. objection, it is so ordered. NOMINATION DISCHARGED (f) USER FEES.—Subsection (b) of section COMMITTEE ON HOMELAND SECURITY AND Mr. REID. I ask unanimous consent 7528 is amended by adding at the end the fol- GOVERNMENTAL AFFAIRS that the Senate proceed to executive lowing new paragraph: Mr. LEAHY. Mr. President, I ask session and the committee on com- ‘‘(4) CERTIFIED PROFESSIONAL EMPLOYER OR- unanimous consent that the Com- GANIZATIONS.—The annual fee charged under merce be discharged from further con- the program in connection with the ongoing mittee on Homeland Security and Gov- sideration of PN No. 1500; that the certification by the Secretary of a profes- ernmental Affairs be authorized to nomination be confirmed, the motion sional employer organization under section meet during the session of the Senate to reconsider be considered made and 7705 shall not exceed $1,000.’’. on May 14, 2014, at 10 a.m. in order to laid upon the table with no intervening (g) EFFECTIVE DATES.— conduct a hearing entitled ‘‘Charting a action or debate; that no further mo- (1) IN GENERAL.—The amendments made by Path Forward for the Chemical Facili- tions be in order to the nomination; this section shall apply with respect to ties Anti-Terrorism Standards Pro- that any related statements be printed wages for services performed on or after Jan- uary 1 of the first calendar year beginning grams.’’ in the RECORD; that the President be more than 12 months after the date of the en- The PRESIDING OFFICER. Without immediately notified of the Senate’s actment of this Act. objection, it is so ordered. action and the Senate then resume leg- (2) CERTIFICATION PROGRAM.—The Sec- COMMITTEE ON INDIAN AFFAIRS islative session. retary of the Treasury shall establish the Mr. LEAHY. Mr. President, I ask The PRESIDING OFFICER. Without certification program described in section unanimous consent that the Com- objection, it is so ordered. 7705(b) of the Internal Revenue Code of 1986, mittee on Indian Affairs be authorized The nomination considered and con- as added by subsection (b), not later than 6 firmed is as follows: months before the effective date determined to meet during the session of the Sen- under paragraph (1). ate on May 14, 2014, in room SD–628 of NOMINATION REFERENCE AND REPORT (h) NO INFERENCE.—Nothing contained in the Dirksen Senate Office Building, at As in Executive Session, Senate of the this section or the amendments made by this 2:30 p.m., to conduct a hearing entitled, United States, March 4, 2014. section shall be construed to create any in- ‘‘Wildfires and Forest Management: U.S. COAST GUARD ference with respect to the determination of Prevention is Preservation.’’ To be admiral who is an employee or employer— The PRESIDING OFFICER. Without VICE ADM. PAUL F. ZUKUNFT (1) for Federal tax purposes (other than the objection, it is so ordered. purposes set forth in the amendments made f by this section), or COMMITTEE ON THE JUDICIARY (2) for purposes of any other provision of Mr. LEAHY. Mr. President, I ask LEGISLATIVE SESSION law. unanimous consent that the Com- The PRESIDING OFFICER. The Sen- mittee on the Judiciary be authorized ate will resume legislative session. f to meet during the session of the Sen- f AUTHORITY FOR COMMITTEES TO ate on May 14, 2014, at 10 a.m. in room MEET SD–226 of the Dirksen Senate Office COMMEMORATING AND SUP- Building, to conduct a hearing entitled, PORTING THE GOALS OF WORLD COMMITTEE ON ENVIRONMENT AND PUBLIC ‘‘The Bulletproof Vest Partnership AIDS DAY WORKS Grant Program: Supporting Law En- Mr. REID. I ask unanimous consent Mr. LEAHY. Mr. President, I ask forcement Officers When it Matters unanimous consent that the Com- to proceed to Calendar No. 272, S. Res. Most.’’ The witness list is attached. 314. mittee on Environment and Public The PRESIDING OFFICER. Without Works be authorized to meet during The PRESIDING OFFICER. The objection, it is so ordered. clerk will report the resolution by the session of the Senate on May 14, COMMITTEE ON RULES AND ADMINISTRATION 2014, at 10 a.m. in room SD–406 of the title. Mr. LEAHY. Mr. President, I ask Dirksen Senate Office Building, at 2:30 The bill clerk read as follows: unanimous consent that the Com- p.m., to conduct a hearing entitled, A resolution (S. Res. 314) commemorating mittee on Rules and Administration be ‘‘Nuclear Reactor Decommissioning: and supporting the goals of World AIDS Day. authorized to meet during the session Stakeholder Views.’’ There being no objection, the Senate of the Senate on May 14, 2014, at 9:30 The PRESIDING OFFICER. Without proceeded to consider the resolution. a.m. in room SR–301 of the Russell Sen- objection, it is so ordered. Mr. REID. Mr. President, I ask unan- ate Office Building to conduct a hear- imous consent that the Coons amend- COMMITTEE ON FINANCE ing entitled, ‘‘Collection, Analysis and Mr. LEAHY. Mr. President, I ask ment to the resolution, which is at the Use of Elections Data: A Measured Ap- desk, be agreed to; the resolution, as unanimous consent that the Com- proach to Improving Election Adminis- mittee on Finance be authorized to amended, be agreed to; the Coons tration.’’ amendment to the preamble be agreed meet during the session of the Senate The PRESIDING OFFICER. Without on May 14, 2014, at 2:15 a.m., in room to; the preamble, as amended, be objection, it is so ordered. agreed to; and the motions to recon- SH–216 of the Hart Senate Office Build- SUBCOMMITTEE ON EMERGENCY MANAGEMENT, ing. sider be considered made and laid upon INTERGOVERNMENTAL RELATIONS, AND THE the table with no intervening action or The PRESIDING OFFICER. Without DISTRICT OF COLUMBIA objection, it is so ordered. debate. Mr. LEAHY. Mr. President, I ask The amendment (No. 3096) was agreed COMMITTEE ON FOREIGN RELATIONS unanimous consent that the Sub- to, as follows: Mr. LEAHY. Mr. President, I ask committee on Emergency Manage- On page 5, beginning on line 6, strike ‘‘, as unanimous consent that the Com- ment, Intergovernmental Relations, well as’’ and all that follows through ‘‘AIDS’’ mittee on Foreign Relations be author- and the District of Columbia of the on line 8. ized to meet during the session of the Committee on Homeland Security and The resolution (S. Res. 314), as Senate on May 14, 2014, at 10 a.m. Governmental Affairs be authorized to amended, was agreed to. The PRESIDING OFFICER. Without meet during the session of the Senate The amendment to the preamble (No. objection, it is so ordered. on May 14, 2014, at 2:30 p.m. to conduct 3097) was agreed to, as follows:

VerDate Sep 11 2014 12:00 Dec 08, 2016 Jkt 079060 PO 00000 Frm 00063 Fmt 4637 Sfmt 0634 E:\RECORD14\MAY 2014\S14MY4.REC S14MY4 ejoyner on DSK30RV082PROD with CONG-REC-ONLINE S3044 CONGRESSIONAL RECORD — SENATE May 14, 2014 (Purpose: To amend the preamble) cent since 2001; and AIDS-related deaths re- connected to the information, care, and Strike the second through fourth whereas duced to 1,600,000 in 2012, a 30-percent reduc- treatment they require; clauses of the preamble and insert the fol- tion since 2005; (7) supports efforts to ensure inclusive ac- lowing: Whereas increased access to antiretroviral cess to programs and human rights protec- Whereas the 2001 United Nations Declara- drugs is the major contributor to the reduc- tions for all those most at risk of HIV/AIDS tion of Commitment on HIV/AIDS Global tion in deaths from HIV/AIDS, and HIV and hardest to reach; mobilized global attention and commitment treatment reinforces prevention because it (8) encourages additional private-public to the HIV/AIDS epidemic and set out a se- reduces, by up to 96 percent, the chance the partnerships to research and develop better ries of national targets and global actions to virus can be spread; and more affordable tools for the diagnosis, reverse the epidemic; Whereas the World Health Organization treatment, vaccination, and cure of HIV; Whereas the 2011 United Nations General (WHO) has revised its guidelines for deter- (9) supports continued leadership by the Assembly High Level Meeting on AIDS ad- mining whether HIV positive individuals are United States in bilateral, multilateral, and dressed the progress of intensified efforts to eligible for treatment, thereby increasing private sector efforts to fight HIV; eliminate HIV and AIDS, including redou- the number of individuals eligible for treat- (10) encourages and supports greater de- bling efforts to achieve by 2015 universal ac- ment from about 15,000,000 to 28,000,000; grees of ownership and shared responsibility cess to HIV prevention, treatment, care, and Whereas 9,700,000 people in low- and mid- by developing countries in order to ensure support, and to eliminate gender inequalities dle-income countries had access to sustainability of their domestic responses; and gender-based abuse and violence and in- antiretroviral therapy by the end of 2012, an and crease the capacity of women and adolescent increase of nearly 20 percent in a year; (11) encourages other members of the inter- girls to protect themselves from the risk of Whereas an estimated 50 percent of those national community to sustain and scale up HIV infection; living with HIV do not know their status, ac- their support for and financial contributions The preamble, as amended, was cording to a 2012 UNAIDS report; to efforts around the world to combat HIV/ agreed to. Whereas sub-Saharan Africa remains the AIDS. epicenter of the epidemic, accounting for f The resolution, as amended, with its 1,200,000 of the 1,600,000 deaths from HIV/ preamble, as amended, reads as follows: AIDS; EXPRESSING REGRET OF THE S. RES. 314 Whereas stigma, gender inequality, and SENATE FOR THE PASSAGE OF Whereas an estimated 35,000,000 people are lack of respect for the rights of HIV positive SECTION 3 OF THE EXPATRIA- living with HIV/AIDS in 2013; individuals remain significant barriers to ac- cess to services for those most at risk of HIV TION ACT OF 1907 THAT RE- Whereas the 2001 United Nations Declara- VOKED THE UNITED STATES tion of Commitment on HIV/AIDS Global infection; mobilized global attention and commitment Whereas President Barack Obama voiced CITIZENSHIP OF WOMEN WHO to the HIV/AIDS epidemic and set out a se- commitment to realizing the promise of an MARRIED FOREIGN NATIONALS ries of national targets and global actions to AIDS-free generation and his belief that the Mr. REID. I ask unanimous consent reverse the epidemic; goal was within reach in his February 2013 State of the Union Address; that the Judiciary Committee be dis- Whereas the 2011 United Nations General charged from further consideration of Assembly High Level Meeting on AIDS ad- Whereas the international community is dressed the progress of intensified efforts to united in pursuit of achieving the goal of an S. Res. 402 and the Senate proceed to eliminate HIV and AIDS, including redou- AIDS-free generation by 2015; its consideration. bling efforts to achieve by 2015 universal ac- Whereas international donor funding has The PRESIDING OFFICER. Without cess to HIV prevention, treatment, care, and held steady since 2008 and countries affected objection, it is so ordered. support, and to eliminate gender inequalities by the epidemic are increasingly taking re- The clerk will report the resolution and gender-based abuse and violence and in- sponsibility for funding and sustaining pro- by title. grams in their countries, currently account- crease the capacity of women and adolescent The bill clerk read as follows: girls to protect themselves from the risk of ing for approximately 53 percent of global A resolution (S. Res. 402) expressing the re- HIV infection; HIV/AIDS resources; gret of the Senate for the passage of section Whereas the Global Fund to Fight AIDS, Whereas December 1 of each year is inter- 3 of the Expatriation Act of 1907 (34 Stat. Tuberculosis and Malaria was launched in nationally recognized as World AIDS Day; 1228) that revoked the United States citizen- 2002 and, as of November 2013, supported pro- and ship of women who married foreign nation- grams in more than 140 countries that pro- Whereas, in 2013, World AIDS Day com- als. vided antiretroviral therapy to 6,100,000 peo- memorations focused on: ‘‘[g]etting to zero: ple living with HIV/AIDS and antiretrovirals zero new HIV infections, zero discrimination, There being no objection, the Senate to 2,100,000 pregnant women to prevent trans- zero AIDS-related deaths’’: Now, therefore, proceeded to consider the resolution. mission of HIV/AIDS to their babies; be it Mr. REID. I ask unanimous consent Whereas the United States is the largest Resolved, That the Senate— that the resolution be agreed to, the donor to the Global Fund to Fight AIDS, Tu- (1) supports the goals and ideals of World preamble be agreed to, the motions to berculosis and Malaria; AIDS Day, including getting to zero through Whereas for every dollar contributed to the zero new HIV infections, zero discrimination, reconsider be considered made and laid Global Fund to Fight AIDS, Tuberculosis and zero AIDS-related deaths; upon the table, and that there be no in- and Malaria by the United States, an addi- (2) applauds the goals and approaches for tervening action or debate. tional $2 is leveraged from other donors; achieving an AIDS-free generation set forth The PRESIDING OFFICER. Without Whereas the United States hosted the in the PEPFAR Blueprint: Creating an objection, it is so ordered. Global Fund’s Fourth Voluntary Replenish- AIDS-free Generation; The resolution (S. Res. 402) was ment Conference on December 2–3, 2013; (3) commends the dramatic progress in agreed to. Whereas the United States President’s global AIDS programs supported through the The preamble was agreed to. Emergency Plan for AIDS Relief (PEPFAR), efforts of PEPFAR, the Global Fund to Fight introduced by President George W. Bush in AIDS, Tuberculosis and Malaria, and (The resolution, with its preamble, is 2003, remains the largest commitment in his- UNAIDS; printed in the RECORD of Thursday, tory by any nation to combat a single dis- (4) urges, in order to ensure that an AIDS- March 27, 2014 under ‘‘Submitted Reso- ease; free generation is within reach, rapid action lutions.’’) Whereas, as of the end of September 2012, towards— f PEPFAR supported treatment for 5,100,000 (A) full implementation of the Global Plan people, up from 1,700,000 in 2008, and in 2012, Towards the Elimination of New HIV Infec- ORDERS FOR THURSDAY, MAY 15, PEPFAR supported provision of tions Among Children by 2015 and Keeping 2014 antiretroviral drugs to 750,000 pregnant Their Mothers Alive to build on progress women living with HIV to prevent the trans- made to date; and Mr. REID. Mr. President, I ask unan- mission of HIV from mother to baby during (B) further expansion and scale-up of imous consent that when the Senate birth; antiretroviral treatment programs, includ- completes its business today, it ad- Whereas PEPFAR directly supported HIV ing efforts to reduce disparities and improve journ until 9:30 a.m. tomorrow, May 15, testing and counseling for more than access for children to life-saving medica- 2014; that following the prayer and 46,500,000 people in fiscal year 2012; tions; pledge, the morning hour be deemed Whereas considerable progress has been (5) calls for scaling up treatment to reach expired, the Journal of proceedings be made in the fight against HIV/AIDS, with all individuals eligible for treatment under total new HIV infections estimated at WHO guidelines; approved to date, and the time for the 2,300,000 in 2012, a 33-percent reduction since (6) calls for greater focus on HIV/AIDS two leaders be reserved for their use 2001; new HIV infections among children re- vulnerabilities of women and girls, including later in the day; that following any duced to 260,000 in 2012, a reduction of 52 per- more directed efforts to ensure that they are leader remarks, the time until 11:15

VerDate Mar 15 2010 03:54 May 21, 2014 Jkt 079060 PO 00000 Frm 00064 Fmt 4637 Sfmt 0634 E:\RECORD14\S14MY4.REC S14MY4 bjneal on DSK7SPTVN1PROD with CONG-REC-ONLINE May 14, 2014 CONGRESSIONAL RECORD — SENATE S3045 a.m. be equally divided and controlled ADJOURNMENT UNTIL 9:30 A.M. CONFIRMATIONS between the two leaders or their des- TOMORROW Executive nominations confirmed by ignees; further, that following the se- Mr. REID. Mr. President, if there is the Senate May 14, 2014: ries of votes at 11:15 a.m., the Senate DEPARTMENT OF STATE recess until 1:45 p.m.; finally, that not- no further business to come before the Senate, I ask unanimous consent that CARLOS ROBERTO MORENO, OF CALIFORNIA, TO BE AM- withstanding the recess, the filing BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF deadline for first degree amendments it adjourn under the previous order. THE UNITED STATES OF AMERICA TO BELIZE. to the Wyden substitute amendment There being no objection, the Senate, DEPARTMENT OF COMMERCE and to H.R. 3474 be 1 p.m. tomorrow at 7:11 p.m., adjourned until Thursday, ROY K. J. WILLIAMS, OF OHIO, TO BE ASSISTANT SEC- RETARY OF COMMERCE FOR ECONOMIC DEVELOPMENT. and the filing deadline for second de- May 15, 2014, at 9:30 a.m. gree amendments to the substitute be 3 THE JUDICIARY p.m. tomorrow. STEVEN PAUL LOGAN, OF ARIZONA, TO BE UNITED f STATES DISTRICT JUDGE FOR THE DISTRICT OF ARI- ZONA. The PRESIDING OFFICER. Without JOHN JOSEPH TUCHI, OF ARIZONA, TO BE UNITED objection, it is so ordered. DISCHARGED NOMINATION STATES DISTRICT JUDGE FOR THE DISTRICT OF ARI- ZONA. DIANE J. HUMETEWA, OF ARIZONA, TO BE UNITED f The Senate Committee on Com- STATES DISTRICT JUDGE FOR THE DISTRICT OF ARI- merce, Science, and Transportation ZONA. IN THE COAST GUARD PROGRAM was discharged from further consider- ation of the following nomination by THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AS COMMANDANT OF THE UNITED STATES COAST GUARD Mr. REID. So, Mr. President, there unanimous consent and the nomination AND TO THE GRADE INDICATED UNDER TITLE 14, U.S.C., will be a series of votes, as I men- was confirmed: SECTION 44: tioned, at 11:15 a.m. tomorrow and an- To be admiral COAST GUARD NOMINATION OF VICE ADM. PAUL F. other series at 1:45 p.m. ZUKUNFT, TO BE ADMIRAL. VICE ADM. PAUL F. ZUKUNFT

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