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

Vol. 159 WASHINGTON, FRIDAY, DECEMBER 20, 2013 No. 182 House of Representatives The House was not in session today. Its next meeting will be held on Monday, December 23, 2013, at 10 a.m. Senate FRIDAY, DECEMBER 20, 2013

The Senate met at 9 a.m. and was Eternal Spirit, who has blessed us of the lost, last, lonely, and least, called to order by the President pro with every spiritual blessing in heav- bringing deliverance to captives and tempore (Mr. LEAHY.) enly places, we give reverence to Your permitting the oppressed to be un- holy name. Thank You for choosing us shackled. Dwell in the hearts of our PRAYER to labor for liberty during these chal- Senators, enabling them to be rooted lenging times. Lord, keep us from the and grounded in Your love. The Chaplain, Dr. Barry C. Black, of- temptations that would thwart our ef- fered the following prayer: fectiveness as You deliver us from evil. We pray, in Your powerful Name. Let us pray. Use our lawmakers to lift the burdens Amen.

NOTICE If the 113th Congress, 1st Session, adjourns sine die on or before December 24, 2013, a final issue of the Congres- sional Record for the 113th Congress, 1st Session, will be published on Tuesday, December 31, 2013, to permit Members to insert statements. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–59 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Monday, December 30. The final issue will be dated Tuesday, December 31, 2013, and will be delivered on Thursday, January 2, 2014. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event, that occurred after the sine die date. Senators’ statements should also be formatted according to the instructions at http://webster/secretary/conglrecord.pdf, and submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerk.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–59. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. CHARLES E. SCHUMER, Chairman.

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VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00001 Fmt 0637 Sfmt 8633 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S9072 CONGRESSIONAL RECORD — SENATE December 20, 2013 PLEDGE OF ALLEGIANCE speaking. I am happy to yield to the for Terry McAuliffe, the governor-elect The President pro tempore led the Senator from Vermont. of Virginia. It was obvious this was Pledge of Allegiance, as follows: The PRESIDING OFFICER (Ms. done for political motives, not to make HIRONO.) The Senator from Vermont. Homeland Security a better depart- I pledge allegiance to the Flag of the Mr. LEAHY. I thank my friend from United States of America, and to the Repub- ment. lic for which it stands, one nation under God, Delaware. You know, the Department Director Mayorkas, to his credit, has indivisible, with liberty and justice for all. of Homeland Security is the leading always put the interests of USCIS agency for many of the pressing issues f ahead of his own. He has made tough facing our Nation, from providing dis- decisions to make that agency better. RECOGNITION OF THE ACTING aster relief to protecting our borders. Sometimes tough decisions are not MAJORITY LEADER The agency needs a full complement of popular but needed. He made the deci- The PRESIDENT pro tempore. The leaders. That is why I am glad the Sen- sions that were best for the country. majority whip is recognized. ate is considering the nomination of He has brought significant resources to f Alejandro Mayorkas to be Deputy Sec- bear in the EB–5 Regional Center pro- retary of Homeland Security. gram. SCHEDULE I want to thank the chairman of the Incidentally, the recommendations Mr. DURBIN. Mr. President, Senator Homeland Security and Governmental that he made to improve the EB–5 pro- REID, the majority leader, is absent Affairs Committee, Senator CARPER, gram were in a bill before the Senate today. I will be acting in his place. for pushing forward with this nomina- Judiciary Committee on comprehen- Senator REID called me this morning. tion. Alejandro Mayorkas currently sive immigration reform, a bill that He sounded good. We look forward to serves as the Director of USCIS, the passed the Senate in June. Every single his speedy recovery. U.S. Citizenship and Immigration Serv- Republican, and every single Demo- Following my remarks and those of ices, the agency that makes the immi- crat, voted for those recommendations the Republican leader, the Senate will gration system work. in the committee. Now, we have been resume executive session to consider Director Mayorkas has made it, by waiting for the House to pass this im- the nomination of Alejandro Mayorkas every analysis, a stronger and better portant legislation. But in the mean- to be Deputy Secretary of Homeland functioning agency. It is unfortunate time, Director Mayorkas has worked to Security postcloture. that in these partisan times Director ensure the program’s integrity. He has The next hour will be equally divided Mayorkas’ nomination has been the acted to make sure the agency’s deci- and controlled between Senators CAR- subject of unfair and partisan attacks. sions are correct under the controlling PER and COBURN. There will be six roll- It is wrong that some have tried to cre- law and regulations. The suggestion call votes at approximately 10:15 a.m. ate controversy about him even before that Director Mayorkas would risk his f his confirmation hearing occurred in reputation and his credibility by im- the Homeland Security and Govern- properly intervening in a single immi- RESERVATION OF LEADER TIME mental Affairs Committee. gration case, out of thousands his The PRESIDENT pro tempore. Under The attacks were made even less agency handles every year, is absurd. the previous order, the leadership time credible by the conduct of the former I remember during the consideration is reserved. DHS deputy inspector general who was of comprehensive immigration reform f forced to resign in the face of allega- in the Judiciary Committee—the tions of serious misconduct, a person former ranking member, Senator SES- EXECUTIVE SESSION who frankly has no credibility in my SIONS, praised my amendment to im- mind because of the egregious and in- prove the EB–5 program following the excusable things he did while serving recommendations of Director NOMINATION OF ALEJANDRO in this role. Mayorkas. These reforms contained a NICHOLAS MAYORKAS TO BE This former deputy inspector gen- host of improvements to provide USCIS DEPUTY SECRETARY OF HOME- eral, Charles Edwards, on the eve of Di- with strong oversight tools, security LAND SECURITY rector Mayorkas’ confirmation hearing enhancements, and anti-fraud provi- The PRESIDENT pro tempore. Under authorized the transmittal of an email sions. In fact, 68 Senators, Republicans the previous order, the Senate will pro- to a Republican Senate office that con- and Democrats, voted for the com- ceed to executive session to consider tained sensitive information about an prehensive reform bill which had the the following nomination which the ongoing investigation involving Direc- EB–5 program improvements in it. clerk will report. tor Mayorkas. Now, some have said here on the floor The bill clerk read the nomination of One thing that both Republicans and yesterday that we could make reforms Alejandro Nicholas Mayorkas, of the Democrats should agree upon is that to the EB–5 program this very day. District of Columbia, to be Deputy Sec- this conduct is wrong. I believe it is a I would respond that the Senate retary of Homeland Security. clear violation of the law. It is some- voted for it earlier this year. I appre- The PRESIDENT pro tempore. Under thing that should be condemned no ciate those Senators who want these the previous order, there will be 1 hour matter who did it. Of course, the tim- EB–5 reforms for having voted for them of debate on the nomination equally di- ing of the transmittal raised serious back in June. I have seen no evidence vided and controlled between the Sen- questions about the motivation for its that those Senators, who put such faith ator from Delaware Mr. CARPER and disclosure. in the former Deputy Inspector Gen- the Senator from Oklahoma, Mr. Inspectors general are supposed to be eral’s flawed investigation, have asked COBURN or their designees. way above politics. Well, guess what the tough questions necessary to test Who seeks recognition? The Senator happened? The email authorized by the integrity of that investigation. from Delaware. this former and now disgraced deputy Instead of considering the cir- Mr. CARPER. Mr. President, I will inspector general was published shortly cumstances of the disgraced former speak very briefly. Then I would like to after its transmittal on the Web site of Deputy Inspector General’s disclosure, yield to Senator LEAHY for some com- a Republican candidate for Governor. and taking the opportunity to ask ments he would like to make on the Come on. This is wrong. Why would a tough questions of Director Mayorkas President’s nominee to be our next Virginia gubernatorial candidate care at his confirmation hearing, Repub- Deputy Secretary of Homeland Secu- about an investigation being conducted lican Senators on the Homeland Secu- rity. The Senator has known Mr. by the Office of Inspector General for rity and Governmental Affairs Com- Mayorkas for a number of years, the Department of Homeland Security? mittee instead decided to boycott that worked very closely with him through Well, because some of the anonymous hearing. And when Chairman CARPER his committee’s oversight of the EB–5 allegations repeated in that email by scheduled a Committee business meet- program. the Office of Inspector General in- ing to vote on Director Mayorkas’ I am delighted he is going to take the volved claims that Director Mayorkas nomination, all Republican senators floor and move from presiding to intervened in an immigration matter but two failed to attend that meeting.

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE December 20, 2013 CONGRESSIONAL RECORD — SENATE S9073 This is unfortunate and in my view, an thored by the President pro tempore. I am not saying they will find it; I abdication of our responsibility to We had the majority whip on Wednes- don’t know. But we certainly know. evaluate the President’s nominees. day night saying the following: The extent of the chairman’s investiga- As senators, we are obligated to ask My colleague, Senator Tom Carper, chair- tion is meeting with the nominee—and the tough questions of all nominees, man of this committee has gone to extraor- I am sure he is an honorable man. But but it is also important that we care- dinary lengths to investigate every allega- my duty as a Senator is to know the fully consider the source and motiva- tion— facts, not to know my feelings, and we tions behind any allegations against Is that right? Every allegation? They can’t do that at this time. We are pre- those nominees. Regarding the immi- do not even know what the allegations cluded from doing that. gration case about which Director are because we are not privy to them. Therefore, we are going to approve Mayorkas is accused of acting improp- —to answer every question, and to be there someone without full knowledge. We erly, it is clear in emails that he wrote, to work with the other side of the aisle to will not be able to ably give our advice which have been publicly disclosed, try to resolve any problems that they have and consent because we know there are that he asserts his inability to become with this nomination. Sadly, it has not been unanswered questions. If those unan- involved in any specific case. The successful because we do not know what the swered questions fall to the side that claims are. We think we know. We also have emails that have been disclosed paint a says Mr. Mayorkas has done nothing the chairman of the committee, before he wrong, then he will be there, but he picture of an agency director who took ever heard the specifics of any complaint by great pains to avoid any appearance of whistleblowers demeaning those very whis- will be there in less full power and less favoritism or impropriety. tleblowers and describing their words as ‘‘ru- confidence than he would have had oth- I would urge my colleagues to review mors and innuendo’’—people who put their erwise. carefully, and in context, that which jobs on the line to report. There have been 20 nominees that has been disclosed. Furthermore, the Then he claims they will not meet have come through our committee. I Senate should consider the reliability with him, even though he has asked have voted against only one—only one. of those who refused to meet with them to meet twice. I cannot blame I have been a good partner for the ad- Democratic staff on the Homeland Se- them, because he has already dismissed ministration in moving their nominees. curity and Governmental Affairs Com- any credibility that they have. But to ask us to ignore what might be mittee to discuss their allegations. We should wait for this investigation potential critical information is to ask Come on. Let’s stop playing political to be completed. I know we are not us to abandon our duty of advice and games with this. We have a good per- going to; we are going to roll this right consent. I reserve the remainder of my time. son, a person we should be thankful is through here. It is a disservice to Mr. The PRESIDING OFFICER. The Sen- willing to serve this country, a person Mayorkas. It is a disservice to the ator from Delaware. who has been the subject of lies and American people. It is a disservice to Mr. CARPER. I yield 5 minutes to this body. All that I have heard from smears. Director Mayorkas will serve the Senator from Louisiana, Ms. LAN- people who know Mr. Mayorkas are the Department of Homeland Security, DRIEU. and the American people, honorably. positive things. It is positive, but a le- The PRESIDING OFFICER. The Sen- Let’s vindicate this person. Let’s put gitimate investigation is ongoing. ator from Louisiana. him to work for the good of the coun- I would make this other point: The Ms. LANDRIEU. It is unfortunate try. administration knew that there was an that this situation has occurred. What I thank the distinguished chairman ongoing IG investigation, and it failed is most unfortunate is it casts a poor from Delaware for his work on this. to inform the chairman and failed to light on a very extraordinary indi- Mr. CARPER. I thank the Senator as inform the ranking member when they vidual, someone who I have had the chairman of the Judiciary Committee sent his nomination over. Why is that? privilege to know very well for the last for the many years working on the EB– Why would they not tell us that? Was several years. It pains me and many 5 program to make sure it fulfills its it just an oversight, or did they intend Members of this body who know Ali potential. for us not to know? Mayorkas personally and know of his How much time do I have remaining? The worst thing that comes about be- extraordinary service to the United The PRESIDING OFFICER. Twenty- cause of this nomination moving for- States of America to date that his three minutes. ward is the relationship and the trust name would be dragged through the Mr. CARPER. I reserve the remain- that has gone from our committee. The mud like this. der of my time. difficulties going forward will be major I know the Senator from Oklahoma The PRESIDING OFFICER. The Sen- because things have been implied that has been sincere in many of his efforts ator from Oklahoma. I, personally, am doing things for a po- to streamline our government, to make Mr. COBURN. Madam President, the litical purpose rather than from a prin- it more efficient. While there have unfortunate thing is we have a dis- cipled basis. There is no nominee who been individuals on the other side who agreement on the precedents of the is under an investigation that I will have used the seats they have been Senate. We just had the President pro ever meet with before that investiga- privileged to gain in not the most ad- tempore of the Senate say that there tion is cleared. mirable way, he is not one of them. I were lies and smears. Not one member The other claim that has been made do not have any poor feelings or dis- of the minority voted against Mr. is we wouldn’t meet with Mr. appointment in him personally. Mayorkas in his confirmation hearing. Mayorkas because we didn’t want to I think what has happened is a com- They all voted ‘‘present.’’ The reason know the truth. The fact is we didn’t plete breakdown of trust on all sides, they did that was for a very important want to prejudice our position without which has caused very extraordinary reason. The President pro tempore of the knowledge of the facts, but that measures to be taken, because from our the Senate did not mention the fact has not kept some in this body from perspective, from my perspective, if a that there still—regardless of all of claiming we had a motive other than candidate such as this who has already those things, there is still an ongoing what we have stated. Therefore, all our been confirmed twice by the Senate, investigation. motives, rather than finding out the who served our country already as a Never before in the history of the truth, our motives are that it has to be U.S. attorney with the highest creden- Senate has a position at this level been political. tials prosecuting criminal cases and approved with an ongoing investiga- I reject that. I take great offense at criminal activity that Senator COBURN tion. Facts are stubborn. I would like that. and Senator CARPER have spent a ca- for him to tell me what the lies and I have no doubt that Mr. Mayorkas reer themselves pushing back so our smears are, that he claims, politically will be confirmed today. government can be better, more trans- we have made. We have made no such The question I have is if, in fact, the parent, and more honest, then I don’t claims. IG investigation finds credible findings know where we go from here. I truly What we have said is the ICE review of wrongdoing or undue influence or don’t. of this program said it should be elimi- impropriety, what then? How effective I do know this gentleman was willing nated. It happened to have been au- is this going to be? to meet with anyone to try to clear up

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S9074 CONGRESSIONAL RECORD — SENATE December 20, 2013 any misinformation. In fact, several whom we should be thanking every day gations that have to be disproved by Republicans, at my request—my spe- for wanting to step up and take this nonbiased people who work at the in- cific personal request—met with him job has to be dragged through this. spector general’s office. and came away with amazing opinions, I make no apologies for the rules What we are saying today is, You are high opinions of him when they asked changes that made this possible. I am not capable. You don’t have the quality him questions and he answered. sorry we were unable to convince peo- or the integrity to make a fair decision There is a lot of evidence to suggest ple on the other side of his outstanding on this issue and so we are going to the ‘‘investigation’’ against him is integrity and that the investigation vote with that. It is amazing how good bogus, is being conducted for inappro- against him is bogus, personal, and we are at looking into the crystal ball priate reasons. Sometimes these things should be dismissed. The IG who was in to know the truth without knowing the happen in government, and it is our job charge of it has resigned under a cloud. facts. to sort through. That doesn’t seem to make any dif- The vote is going to be based on the Senator CARPER as chairman—I know ference to them. faith that we think Mr. Mayorkas has because I serve on the committee as I am proud to put my name and my done nothing wrong. I hope that is well—tried for months and months to vote behind this nominee who I know true. I would have loved to be able to get meetings to try to clear this up. We will do an exceedingly fabulous job for have voted for him knowing the facts, couldn’t move forward in any way. this country in a very important role fulfilling my constitutional duty, but Should this man’s name be ruined be- we need. the Senator precludes that. I have no cause there is not cooperation in the I yield the floor. choice but to oppose the nomination, Senate for the first time in many dec- The PRESIDING OFFICER. The Sen- not because I don’t know Mr. Mayorkas ades? I have been here almost 20 years. ator from Delaware. but because I don’t have the facts. I have never seen it like this and it is Mr. CARPER. I wish to thank the I yield back the remainder of my not this gentleman’s fault. Senator from Louisiana for that heart- time. I know his wife. I know his two girls. felt, passionate endorsement of Ali Mr. CARPER. Madam President, how They have been to my office. I know Mayorkas’ nomination. much time do I have remaining? How much time do I have remaining? his family. I have met his brothers. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- This is very painful to his family, and ator has 151 2 ator has 16 minutes remaining. ⁄ minutes remaining. it is just not responsible. Mr. CARPER. I reserve the remain- The Senator from Delaware. It is not only about Director der of my time. Mr. CARPER. Our leadership is the Mayorkas—Ali Mayorkas and his fam- The PRESIDING OFFICER. The Sen- most important element of any organi- ily, the Mayorkas family—it is about ator from Oklahoma. zation, be it a public or private organi- thousands of good people out there who Mr. COBURN. I appreciate the com- zation, a business, school, a military would love to serve in this government ments of my colleague from Louisiana. unit, an athletic team. Leadership is despite the fact that many people on It goes right to the point. She may be key in everything. the other side think it is the worst 100 percent right, but we do not know The Department of Homeland Secu- thing ever created in the history of the facts. What we have is testimony rity, which protects us from all kinds man. That is their view. It happens to from a lot of people that he is a fine of attacks—foreign and domestic, man- be one of the greatest creations of man, man, but we don’t know the facts. We made and natural—needs leadership. with divine help, but we cannot con- say we do, but we don’t. Therefore, we They need confirmed Senate leader- vince them of that. are asking this body to make a judg- ship. They haven’t had it for months. There are thousands of people who ment without the knowledge. It goes I am going to thank my colleagues would want to serve in our govern- against the very charge we have for ad- who voted this week to confirm Jeh ment. But after listening to speeches vice and consent. Johnson’s nomination as the Secretary that Mr. COBURN just gave or Mr. We besmirch all of the 650 people who of this Department. He will be sworn in GRASSLEY, the Senator from Iowa, or work for this IG—who has not been as- next week, thank God. He needs a the Senator from Oklahoma or others, sociated with this case in over a team. On top of that team he needs Ali who would want to put their families month, in terms of personally directing Mayorkas to be the Deputy Secretary. through this? No one. it. We besmirch all those other people. Those are not only my words or the Just because there is a group of peo- Were there credible accusations words of Senator LANDRIEU or Senator ple over there who despise the govern- made? There must have been. There LEAHY or Senator FEINSTEIN. We re- ment—for whatever reason, I don’t must have been. Maybe they are not ceived dozens of letters from people know—they shouldn’t take their anger accurate. They are allegations, but who know him. We know these names. out on the individuals trying to make they should be cleared up and they We know their faces. We know their it better and fix what is broken. The should be cleared up for Mr. Mayorkas’ reputation. Some are Democrat and EB–5 Program was broken way before sake so that when he takes this posi- some are Republican. A number of Director Mayorkas had the responsi- tion, it is not under a cloud and he is them have helped lead the Department bility to try to fix it, and he is only totally exonerated. But we are going to of Homeland Security—lead it. one human being. We all have the re- go ahead anyway. Regardless of our ex- This is a vacancy we are trying to sponsibility to fix this program. perience, facts still count. fill. Jane Holl Lute is the last Deputy To blame him and to drag his family I have raised three daughters. They who stepped down 6 or 8 months ago. through this after an extraordinary ca- are in their forties and late thirties, She literally oversaw his work and she reer prosecuting crime, I understand— and I love them dearly. They have was his boss, if you will. She thinks the and Senator CARPER will speak more to great integrity, but they have made world of him, not only in a role he this—but when the people he worked mistakes in their lives. They have served but as a guy who can step in and with in the past needed someone to made poor judgments. It does not mean fill the shoes she used to fill. head something such as the integrity they are not great individuals, but I want to talk about this investiga- committee, they would choose him they have made mistakes. tion. There are two tracks we are going quite often. He has run the integrity What the Senator is saying is cover down here. One is an investigation that committees in places where he has your ears and cover your eyes and was launched in September of 2012 by worked. That is a great honor. don’t see mistakes that were made. the IG—the OIG for the Department of In conclusion, now he comes up in Make the judgment without that Homeland Security—in 2012, 15 months one of the most important departments knowledge. I have no doubt the words ago. How did we find out about it? We of the whole government, Homeland my colleague from Louisiana spoke found out about it through a leak, in- Security—which TOM CARPER author- were true in terms of her experience, formation leaked by the office to our izes as chair, and I fund to the best of but the Senator wasn’t there. The Sen- friends on the other side 3 days before my ability, with all sorts of attacks to ator didn’t know. the hearing was supposed to occur. our budget, to try to provide resources There are six individuals who have We asked to talk to folks who came to this agency—and this gentleman put their jobs on the line to make alle- forward as whistleblowers. We asked

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE December 20, 2013 CONGRESSIONAL RECORD — SENATE S9075 for them to talk to the minority. We leadership it needs—at least confirmed Look, Mayorkas did nothing wrong. I have asked and asked and asked and by us. How long are we going to wait? decided. I decided against Mr. have never been given the chance to The terrorists aren’t going to wait. The McAuliffe’s company and Mr. talk to them to find out what are their ones in foreign countries aren’t going Mayorkas stayed out of my way. allegations, what is their story. Let’s to wait. The ones in this country aren’t We have endorsements. We don’t hear it. By the same token, they have going to wait. We need leadership. It is know who the detractors are of Mr. refused to turn to the one person who the key for everything—everything. Mayorkas. I wish we did, and I wish we knows the most about what is going on There is another audit that has been had a chance to talk to them. We are in this agency for the last 4 years—Ali going on as well by the IG—the same never going to have a chance. I wish Mayorkas—to say: You have been ac- IG—of the EB–5 program. I’m an old my friends on the other side had taken cused of this. Under our system of jus- Governor—here we have an old State the time to talk to Mr. Mayorkas to tice in this country the accused actu- treasurer. We used to get audits all the say: Listen, this is what you are ac- ally has a chance to defend himself, time in State government. Auditors cused of. The Democrats don’t know and when he did—we had a hearing— came in to do audits. It drove me crazy what you are accused of, but this is they didn’t show up. They won’t meet when the auditor would come in, make what we have been told by these six with him either. an audit for sometime in the past, and people. What is your story? What is So here is the situation. We have peo- refuse to acknowledge that the depart- your story? ple who may be very good people. We ment or the agency being audited had Whatever happened to the Golden don’t know them, we don’t know their actually fixed those problems and sub- Rule? What happened to the idea that names, and we don’t know what they mitted an audit that pretends like justice delayed is justice denied? You are saying. We just know we haven’t nothing is different. You have seen know, Mr. Mayorkas, as Senator LAN- had a chance to meet with them, and this. Senator DURBIN has seen this. I DRIEU said, has a wife, they have two we know the one guy who is being ac- have seen this. It drove me crazy. kids. They have a life to live. We have cused here hasn’t had a chance to give We have an audit that is going to be put them through hell for months. his story to those who are accusing released, I think publicly in a day or 2, What kind of message does this send to him. Is that fair? I don’t think so. I that has been shared with us in the other people, other agency leaders who don’t think so. Senate this week, and there are really go in and take on an agency that is in So we had that hearing at the end of four recommendations. As it turns out, trouble, that has problems and needs to July and no Republicans came. We put of those four recommendations one of be fixed, needs to be shaken up? That every tough question we could to Mr. them needs the Congress to do some- person goes in and does it and gets Mayorkas, under oath, and he came thing. We need to pass a law. Ali whistleblowers or complaints out of it through. He said about this case in- Mayorkas, 18 months ago said to the as a result? What do we say to other volving Terry McAuliffe that Mr. leaders who go into agencies that are McAuliffe and his company wanted Judiciary Committee—to Senator EAHY RASSLEY in trouble and need to be shaken up, to something; they didn’t get it. The guy L , Senator G : In order for those who are willing to get people to who really made the decision, who us to make sure there is not fraud in works for Ali Mayorkas, basically the EB–5 program, to make sure there do things differently? What do we say said—Mr. Rhew—that he made the de- are not national security concerns, we to them? Don’t do it; don’t rock the cision. He made the decision. He was need you—Congress—to do something boat; just let things slide? Is that the not pressured to make the decision. He about it. message we want to send? I don’t think ruled against Terry McAuliffe’s com- When they reauthorized the EB–5 so. We will not have a chance on this pany. End of case. program in 2012, guess what. They Here we are at the end of July. We didn’t take his recommendations—none side to hear from those six people, but have the hearing and the Republicans of them. This year we were doing im- I tell you the other people who work in don’t come. Dr. COBURN joined me in a migration reform in committee—Sen- that agency had a chance to say some- letter to the Inspector General and ator DURBIN was one of the key players thing about the way they feel about said: Please, provide the resources to there—and when we did it, PAT LEAHY, how their agency is going. As my col- expedite and make a priority of this in- chairman of the committee, made sure leagues know, every year we get a re- vestigation. They were 9 months into those recommendations were actually port from a nonprofit organization that that investigation at that time. That included in the immigration reform looks at 300 Federal agencies and asks was the end of July. In August, we law—the recommendations from Ali the questions: How is morale? How do reached out and said, through staff: Mayorkas—and they are in the immi- you feel about the work you are doing? What kind of assets, what kind of pri- gration reform bill. We voted for them. One of those 300 was this agency led by ority are you giving this case? They It is over in the House now. It is sitting Ali Mayorkas, the U.S. Citizenship and had three people working on it. They there gathering dust, unfortunately. Immigration Services. The Department have 650 employees in this office—650— If Senator LEAHY doesn’t introduce of Homeland Security, again this and they had 3 full-time people work- as a stand-alone bill those provisions year—we just got the results this week, ing on it, an investigator and two re- allowing the EB–5 program to have the and again this year, the worst morale search assistants. So we go into Au- kind of governance it needs through in the Federal Government of any de- gust, and they say we need a couple the USCIS agency, if he doesn’t do it, I partment—in our government, the more months. A couple more months said to him, I will introduce the legis- worst morale. But guess what. There is was October. Dr. COBURN and I sent an- lation myself. I hope we will have a lot one agency in this department that other letter to the IG and said: How are of cosponsors. stood up, that stood out, because out of we doing? Let’s provide some priority There are four recommendations. One those 300 agencies, No. 76—the top 25 to this, and let’s get to the bottom of of them needs us to do something in percent—No. 76 was this agency led by this. order for it to occur. The other two are Mr. Mayorkas. That was in October. Two weeks ago, either acknowledged, completed or Another question asked of the em- minority staff and majority staff from done. On the other one, we just are in ployees: Do you feel better or worse the committee had a phone conversa- disagreement. It is outside the scope of about your senior leadership this year tion with the OIG’s office and said: the law. That is the audit. That is the than last year? Since 2009, since he How are we doing? They said: There is audit. took over this organization in 2009, no evidence of any criminal wrong- So, my friends, I just want to say Madam President, guess what. Satis- doing by anybody—not by Mr. this: This is not a criminal investiga- faction with senior leadership in- Mayorkas, not by anybody at DHS— tion. The things Terry McAuliffe and creased by more than 20 percent. They but we are not done yet. We need sev- his company sought were denied. The feel better. They feel better about the eral more months. Maybe come back in one person within the agency who has senior leadership with Mr. Mayorkas February or March. actually worked on these investiga- than they did without his leadership. In the meantime, the Department of tions and worked on these EB–5 pro- Something is going on in that agen- Homeland Security doesn’t have the grams has come forward and said: cy, folks. We are not getting the full

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S9076 CONGRESSIONAL RECORD — SENATE December 20, 2013 story, but that survey that we got this I would just ask the Senator from He developed an innovative program to week says a lot. Delaware: Has he had a chance to con- address violent crime by targeting Mr. DURBIN. Will the Senator yield front his accusers? Has your committee criminals’ possession of firearms, pros- for a question? had a chance to even know the allega- ecuting street gangs, and at the same Mr. CARPER. Please. tions against him at this point? time developing afterschool programs Mr. DURBIN. Through the Chair, I Mr. CARPER. The answer, Madam to help at-risk youth discover and real- want to ask a question of the Senator President, sadly, is no, we have not. ize their potential. He uniquely dem- from Delaware because he has touched No, we have not. onstrated the ability to simultaneously on an issue that is important to every- Mrs. FEINSTEIN. Madam President, be firm with criminals, protective of one, but especially to this Senator I wish to speak in support of President the innocent, and supportive and em- from Illinois. Obama’s nominee for Deputy Secretary powering to our future leaders. It was 12 years ago when I introduced of the Department of Homeland Secu- As supported by the many law en- the DREAM Act, and it was a little rity, DHS, Alejandro Mayorkas. I have forcement and community awards he over a year ago the President issued an known Ali for many years and am received during his tenure as U.S. at- executive order which said they would proud to have recommended him to torney, Mr. Mayorkas’ accomplish- defer the deportation of those eligible President Clinton for the position of ments extended beyond his district. He under the DREAM Act, but there was U.S. attorney for the Central District successfully expanded his office’s com- also a little wrinkle to it. They said of , as well as to President munity outreach programs and co- the fees we were going to collect under Obama for his current position as Di- operation with international players in this DACA, they called it—this execu- rector of U.S. Citizenship and Immigra- the fight against crime. He directly re- tive order—had to pay for the adminis- tion Services, USCIS. solved cases while also overseeing hun- tration of this executive order. This is The role of Deputy Secretary within dreds of attorneys addressing immigra- extraordinary. We were basically say- the Department of Homeland Security tion matters, which included complex ing this was a pay-as-you-go effort that is an important one. The Deputy Sec- and sensitive prosecution of individ- has drawn more than 600,000 applica- retary is charged with overseeing the uals and rings producing false immi- tions and over 450,000 approvals. This agency’s efforts to counter terrorism gration documents, illegal reentry went right through Mr. Mayorkas’s re- and enhance the security and manage- cases, and alien smuggling conspir- sponsibility and jurisdiction. ment of our borders, while facilitating acies. So I would say to the Senator from The Administrator for the Drug En- trade and travel and enforcing our im- Delaware, not only is the morale good forcement Administration, Michele migration laws. Additionally, the Dep- in his agency, but the job they have Leonhart, noted that ‘‘he was instru- uty Secretary assists in the safe- done is extraordinary. They were given mental in broadening collaboration be- guarding and security of cyber space an extraordinary responsibility, and tween law enforcement agencies to ad- and provides support for national and they rose to the challenge and handled dress violent crime and expanded co- economic security in times of disaster, it professionally. I can tell you, with operation with other nations to address in coordination with Federal, State, firsthand knowledge, having met with the growing threat of transnational local, international, and private sector him, watched him, this man is a capa- crime.’’ Combined with his prosecuting ble administrator, and the people who partners. white collar crime, public corruption, Mr. Mayorkas is extremely well work for him—clearly, as a result of computer-related crime, and inter- qualified for this position and brings to this survey—are very happy with his national money laundering, she wrote this office a diverse background and set performance. that such a ‘‘broad base of experience of experiences in both the private and I would just say to the Senator from . . . provides him with a unique per- public sectors. I am confident he will Delaware, what absolutely confuses, spective on threats to national secu- mystifies, and infuriates me, is the no- do an outstanding job as Deputy Sec- rity.’’ tion that unidentified people will make retary for the Department of Homeland Mr. Mayorkas further developed his nonspecific charges against this man, Security, and he has my enthusiastic sharp legal skills and management ex- and he is supposed to wait for month and unwavering support. perience as a Partner at O’Melveny & after weary month? If we talk about Born in , , Mr. Mayorkas Myers, from 2001 to 2009, where he rep- the basic standard of justice in Amer- earned his B.A. with distinction from resented companies in high-profile and ica, when the government makes a the University of California, Berkeley, sensitive government enforcement charge against someone, there is a in 1981. He earned his law degree from cases. He was recognized by his world- complaint—a bill of particulars. You in 1985. Those who wide firm with an annual award for know what the charge is, and fairness have enjoyed the opportunity to work ‘‘leadership, excellence and citizen- and justice requires that you can con- with him regard him as being highly ship,’’ and was named by the National front your accusers and hear from intelligent, thoughtful, kind and com- Law Journal as one of the ‘‘50 Most In- them the information and evidence passionate, and dedicated to doing the fluential Minority Lawyers in Amer- against you. right thing. ica’’ in 2008. In this situation, as best I can under- From 1989 to 1998, Mr. Mayorkas Since his confirmation as Director of stand—and what my colleague has said served as an assistant U.S. attorney for USCIS 4 years ago in 2009, he has con- repeatedly on the floor, I say to the the Central District of California, tinued to exert his positive influence chairman—is that this never took where he prosecuted a wide array of through leadership, excellence, and place. You have waited month after Federal crimes, specializing in the citizenship in accomplishing the agen- weary month for these accusers to prosecution of white collar-crime. Fed- cy’s mission. He has improved the im- come forward and at least tell Mr. eral law enforcement agencies recog- migration services and policies of Mayorkas what they think he has done nized his success with multiple awards. USCIS by realigning its priorities for a wrong. Their silence, their refusal to For example, he received commenda- modern-day America that seeks to pre- do so, speaks volumes to me. tions from FBI Director serve its legacy as a nation of immi- I am sorry they didn’t make their re- for his successful prosecution of Oper- grants while ensuring national security port more fully, but I think, as I said ation PolarCap, the largest money and public safety—no easy task. the other night on the floor, you are an laundering case in the Nation at the Throughout his current role as Direc- honorable person. I know you, and I time. tor of USCIS, he has successfully pre- have worked with you for over 30 years He continued to distinguish himself served and increased the integrity of both in the House and in the Senate. by becoming the first U.S. attorney in our immigration laws by decreasing When I hear you say on the floor you the Central District of California to be fraud and bringing accountability to do your best to be fair and bipartisan appointed from within the office. Mr. our immigration system. For example, in everything, and when I hear you Mayorkas created the Civil Rights Sec- Mr. Mayorkas has worked to secure our stand on the floor and say this man has tion in the office to prosecute hate Nation’s criminal and immigration been treated unfairly, he deserves his crimes and other acts of intolerance laws in the face of increasing gang and chance, that is what I need to hear. and discrimination more effectively. border violence.

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE December 20, 2013 CONGRESSIONAL RECORD — SENATE S9077 As technology advances, so too have card by investing $500,000 or $1 million transnational drug trafficking and na- our needs to prevent fraud and to safe- in a U.S. business. The conditions can tional security, that the leaders of the guard immigration documents from be removed if, after 2 years, the indi- Department of Homeland Security tampering; Mr. Mayorkas has con- vidual shows 10 jobs have been created must face. And I believe he will make fronted that challenge by enhancing by the investment. an outstanding Deputy Secretary. the scope and frequency of national se- Because of the various economic I recognize there is an investigation curity vetting of applicants for immi- issues involved in adjudicating EB–5 by the inspector general’s office at gration benefits and by redesigning im- applications—which can run for thou- DHS, but the OIG confirmed that migration documentation with en- sands of pages—the EB–5 program has ‘‘there is no indication of criminal ac- hanced security features. been called the most complex program tivity’’ on Mr. Mayorkas’ part. There Simultaneously, Mr. Mayorkas has USCIS administers. has been a significant delay in this in- led USCIS in the other half of its mis- I will say up front: I have my own se- vestigation, and it now appears from sion—to preserve the role of America rious concerns about this program. I press reports that the inspector gen- as a just nation that treats immigrants am concerned about the potential for eral, who himself was being inves- at our shores humanely and with an fraud, against both foreign and domes- tigated, has resigned. eye towards the potential they bring to tic investors. I am concerned that a DHS needs its leaders confirmed. It our nation. business created with this money may cannot wait for months and months, He ensured the prompt review of ap- not turn out to be legitimate, and as which it has done already. I do not be- plications of victims of trafficking and chairman of the Intelligence Com- lieve that in this case—which involves domestic violence so that they may mittee, I know that certain immigra- a distinguished nominee who has my begin to pick up the pieces and move tion programs may be ripe for exploi- confidence—that confirmation should forward in their lives. Mr. Mayorkas tation. be delayed. Rather, we need to confirm has also improved the immigration I look forward to the opportunity, be- a leader who understands our com- program for victims of crime who co- fore the EB–5 program requires our re- plicated immigration laws and policies operate with law enforcement in inves- authorization in 2015, to bolstering the and who can knowledgeably help us tigation and prosecutions. security of this program. navigate and ultimately implement But none of that has anything to do To combat notario fraud and other comprehensive immigration reform. He with this nomination. Mr. Mayorkas unscrupulous practices that undermine has this needed knowledge and ability. was required by law, as Director of the integrity of the immigration sys- I urge my colleagues to support Mr. USCIS, to administer the EB–5 pro- tem, Mr. Mayorkas launched the unau- Mayorkas. gram. thorized practice of immigration law Mr. LEAHY. Madam President, the As Director, Mr. Mayorkas saw flaws Department of Homeland Security is initiative. It is a nationwide collabo- in the program—flaws in the agency’s rative effort with Federal, State, and the leading agency for some of the ability to vet participants in the pro- most pressing issues facing our Nation, municipal agencies and enforcement gram, and flaws in the agency’s ability authorities that works to raise aware- from providing disaster relief to pro- to do the economic analysis necessary. tecting our borders. To serve the Amer- ness among immigrant communities So, Mr. Mayorkas set about fixing and to investigate and prosecute ican people, this agency needs a full them. For example: complement of leaders, and that is why wrongdoers. Routine security checks of foreign I am glad the Senate is considering the After the 2010 earthquake in Haiti, he investor applicants and principals of nomination of Alejandro Mayorkas to developed and implemented a humani- regional centers are now done. tarian parole program on an emergency Regional centers now annually must be Deputy Secretary of Homeland Se- basis to save orphans and unite chil- show they meet the eligibility require- curity. I commend Senator CARPER, dren with their adoptive families here. ments and update USCIS on new lines chairman of the Homeland Security Significantly, upon President of business. More vetting is conducted and Governmental Affairs Committee, Obama’s directive to grant deferred ac- with these annual filings. for making his nomination to this im- tion to immigrants who were brought Mr. Mayorkas brought on financial portant position a priority for the com- to this country as children and who experts and business lawyers, who help mittee and getting his nomination to seek to legally remain in the United review business documents associated the Senate. States, Mr. Mayorkas swiftly imple- with applications. Alejandro Mayorkas currently serves mented the deferred action for child- The program has been moved entirely as Director of U.S. Citizenship and Im- hood arrivals initiative in 60 days. In to DC with specialized adjudicatory of- migration Services, USCIS. This is the less than 1 year, over half a million ficers and antifraud staff. The program agency that makes our immigration people have applied to remain in the is now close to the investigative, intel- system work, and Director Mayorkas United States, the only home they ligence, and financial communities has made it a stronger, better func- have known. that help detect suspicious financial tioning agency. His expertise on immi- He also boldly realigned the agency’s activity. gration issues will help him in his new organizational structure, including 246 I agree with many on the Democratic role, where he is sure to improve co- offices and facilities worldwide, to and Republican sides of the aisle that ordination within the Department. more accurately serve key priorities the EB–5 program must be reformed. I Those Senators who claim to care and achieve efficiency. For example, supported Chairman LEAHY’s amend- about protecting our borders and im- his stringent budget reviews resulted ment to the immigration bill to do proving our broken immigration sys- in cost-saving measures of $160 million that, and I believe further legislative tem should support this nomination, in budget cuts for the fiscal year 2010. action will be needed to make sure just as they should call on the House to I recognize that my colleagues have that, if this program is reauthorized, it pass comprehensive immigration re- raised concerns about the EB–5 pro- is secure. form as we did here in the Senate ear- gram in connection with Mr. But I also believe that Mr. Mayorkas lier this year. Mayorkas’ nomination. has performed his job as Director of It is unfortunate that Director I actually believe that Mr. Mayorkas’ USCIS admirably, including by making Mayorkas’ nomination has been the actions to improve the integrity of the the EB–5 program more secure. That is subject of unfair and partisan attacks, EB–5 program are a reason to support a reason to support his nomination. and it is wrong that some tried to cre- his nomination. They show that, when Let me conclude by saying that this ate controversy about Director Mr. Mayorkas sees a systemic issue re- nominee has my strong support. He is a Mayorkas even before his confirmation quiring action, he will figure out what fine individual whom I have known for hearing occurred in the Senate Home- to do and then do everything possible a very long time. He impressed me as land Security and Governmental Af- within the confines of the law to fix it. U.S. attorney, and he has continued to fairs Committee. The attacks mounted As my colleagues know, the EB–5 do so as Director of USCIS. against Director Mayorkas are made program essentially allows a foreign He understands the immigration sys- even less credible by the conduct of the investor to obtain a conditional green tem and the many other issues, like former DHS deputy inspector general,

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Fi- On the eve of Director Mayorkas’ forms, which received praise from the nally, it is troubling that the individ- confirmation hearing, this former dep- Judiciary Committee’s former ranking uals who have brought allegations to uty inspector general, Charles member, Senator SESSIONS, contained a Republican Senators against this nomi- Edwards, authorized the transmittal of host of improvements recommended by nee would not even agree to meet with an email to a Republican Senate office Director Mayorkas and other adminis- Chairman CARPER or his staff. The Sen- that contained sensitive information tration officials to provide strong over- ate should consider the reliability of about an ongoing investigation involv- sight tools, security enhancements, those who have made allegations but ing Director Mayorkas. The timing of and antifraud provisions. In June, 68 are unwilling to let those allegations its transmittal raised serious questions Senators voted in favor of the com- be fully considered. about the motivation for its disclosure. prehensive reform bill, of which my I have every reason to believe that Then, the email authorized by the EB–5 reforms were a part. Senators on Director Mayorkas will serve the De- former deputy inspector general was both sides of the aisle who have sup- partment of Homeland Security and published shortly after its transmittal ported this program know it creates the American people honorably. I have on the web site of a Republican can- jobs in American communities and is no doubt about the quality of his char- didate for Governor of Virginia. Why an important and viable source of cap- acter or his integrity as a public offi- would a Virginia gubernatorial can- ital investment for many American en- cial. And I regret that his nomination didate care about an investigation trepreneurs. Senator GRASSLEY said on has been so needlessly politicized. being conducted by the Office of In- the Senate floor earlier this week that Alejandro Mayorkas deserves an up-or- spector General for the Department of we could make reforms to this program down vote and the support of the Sen- Homeland Security? Because some of ‘‘this very day.’’ I would respond that ate. the anonymous allegations repeated in the Senate has voted to make them al- Mr. CARPER. Madam President, how that email by the Office of Inspector ready this year, and I was glad to have much time remains? General involved claims that Director his support for my strong reforms in The PRESIDING OFFICER. The Sen- Mayorkas intervened in an immigra- the Senate Judiciary Committee. ator has 11⁄2 minutes remaining. tion matter for Terry McAuliffe, the Those who say that the Senate Mr. CARPER. Madam President, my Governor-elect of Virginia. What is should not approve Director Mayorkas’ friend Senator DURBIN, from Spring- worse, the former inspector general nomination because a scandal-plagued field, IL, Land of Lincoln, reminds me had received these anonymous allega- and now- resigned deputy inspector as I close here this morning of some- tions in September of 2012, yet only general sat on allegations made thing Lincoln once said. He was meet- disclosed them publicly just days be- against Director Mayorkas for 10 ing with his Cabinet during the heart fore Director Mayorkas was scheduled months before disclosing them in a of the Civil War. Things had started to to appear before the Homeland Secu- highly improper way days before Direc- turn for the better for the Union. The rity and Governmental Affairs Com- tor Mayorkas’ confirmation hearing Union leader on the military side was a mittee. should carefully consider whether guy named Grant. He allegedly liked to Director Mayorkas’ professional in- these circumstances merit our faith drink, a lot. Some of the folks on the tegrity further undermines these bogus that the investigation is truly impar- President’s cabinet didn’t like him. allegations. Alejandro Mayorkas tial or legitimate. I have seen no evi- They said: Mr. President, we need to served as an assistant U.S. attorney dence that those Senators who put get rid of Grant. He is not the kind of and as the U.S. attorney for Southern such faith in the former deputy inspec- guy we want to have leading our forces. California, posts he held during the tor general’s flawed investigation have Grant had led a reversal of fortune, course of a decade. Where he has made asked the tough questions necessary to so that the Union having been on the mistakes, he has taken responsibility. test the integrity of that investigation. losing side ended up on the winning In my experiences with him while he Instead of considering the cir- side again and again. Lincoln looked at has served as Director of USCIS, Direc- cumstances of the former deputy in- his Cabinet, and he said these words, tor Mayorkas has put the interests of spector general’s disclosure, and taking and I paraphrase them: Find out what USCIS and those it serves at the fore- the opportunity to ask tough questions Grant is drinking, and give it to the front. He has made tough decisions to of Director Mayorkas at his confirma- rest of my generals. make that agency better—decisions tion hearing, Republican Senators on Rather than criticize or hang out to that are sometimes not popular with the Homeland Security and Govern- dry a leader of an agency who has agency employees but decisions that mental Affairs Committee decided to turned it around, who enjoys the broad put the institution first. He has boycott that hearing. And when Chair- support of the folks within his agency; brought significant resources to bear man CARPER scheduled a committee rather than criticize him and finding on the EB–5 regional center program, a business meeting to vote on Director fault and leaving him out there unable program that a bipartisan majority of Mayorkas’ nomination, all Republican to defend himself against unknown ac- this Senate supported when we passed Senators but two failed to attend that cusations, we should find out—in the comprehensive immigration reform in meeting. This is unfortunate and, in words of Lincoln—what Grant is drink- June. While the House has failed to my view, an abdication of our responsi- ing. In this case we should find out pass this important legislation that in- bility to evaluate the President’s nomi- what Mayorkas is doing, what has he cludes meaningful improvements to nees independently. done to turn around an agency and the EB–5 program, Director Mayorkas As Senators, we are obligated to ask make sure the other people who come did not let up on his efforts to ensure the tough questions of all nominees, into positions of authority are taking the program’s integrity. He has acted but it is also important that we care- of the same beverage. to make sure the agency’s decisions are fully consider the source and motiva- With that, I yield back the remainder correct under the controlling law and tions behind any allegations against of my time, and I yield the floor. regulations. The suggestion that Direc- those nominees. Mr. DURBIN. Madam President, the tor Mayorkas would risk his reputation Regarding the immigration case unanimous consent agreement is that and his credibility by improperly inter- about which Director Mayorkas is ac- we would move to this vote on the vening in a single immigration case, cused of acting improperly, it is clear Mayorkas nomination following the de- out of thousands his agency handles in emails that he wrote which have bate. This debate has ended a little ear- every year, is absurd. been publicly disclosed, that he asserts lier than we anticipated. This first roll- Those who have concerns about the his inability to become involved in any call, we are going to accommodate integrity of the EB–5 regional center specific case. The emails that have Members and leave it open so they should remember that in May of this been disclosed paint a picture of an have a chance. But because most are year, the Senate Judiciary Committee agency director who took great pains anxious, we are hoping Members come unanimously approved broad reforms to avoid any appearance of favoritism to the floor early, vote, and we can to the EB–5 program during the com- or impropriety. I would urge my col- start the series of votes agreed to.

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE December 20, 2013 CONGRESSIONAL RECORD — SENATE S9079 Mr. COBURN. I ask for the yeas and NOMINATION OF BRIAN J. DAVIS Davis has taken steps this Congress nays. Mr. GRASSLEY. Madam President, that, in my view, he didn’t appear will- The PRESIDING OFFICER. Is there a today we consider the nomination of ing to take last Congress. Taking this sufficient second? Brian Davis to be a District Court into consideration, together with the There appears to be a sufficient sec- Judge for the Middle District of Flor- fact that he enjoys the support of his ond. ida. I will vote for him today (although home State Senators, I am willing to The question is, Will the Senate ad- there has been some controversy sur- give Judge Davis the benefit of the vise and consent to the nomination of rounding his nomination). I wish to doubt and will support his nomination Alejandro Nicholas Mayorkas, of the take a minute to discuss the nomina- today. District of Columbia, to be Deputy Sec- tion. I yield the floor. retary of Homeland Security? Judge Davis made a number of con- Washington, DC, September 25, 2013. The clerk will call the roll. troversial remarks a few years ago. The bill clerk called the roll. Judge BRIAN J. DAVIS, Mr. DURBIN. I announce that the During his hearing last Congress, Nassau County Courthouse, Judge Davis was asked to provide some Fernandina Beach, FL. Senator from Nevada (Mr. REID) is nec- DEAR JUDGE DAVIS: I write to follow up on essarily absent. clarification regarding those com- ments. After carefully reviewing his your September 12th letter to Senators Nel- I further announce that, if present son and Rubio, copying me and Chairman and voting, the Senator from Nevada answers from the hearing, many of us Leahy, regarding concerns with your record (Mr. REID) would vote ‘‘aye.’’ concluded that they didn’t provide the Members of the Senate Judiciary Com- Mr. CORNYN. The following Senators clarity that we had hoped he would mittee, including me, raised last Congress. are necessarily absent: the Senator provide. For that reason, following his As you alluded in your letter, during your from Tennessee (Mr. ALEXANDER), the hearing, I asked Judge Davis some fol- hearing last Congress, Senator Lee asked you a number of questions regarding various Senator from Arizona (Mr. FLAKE), the low-up questions for the RECORD, hop- remarks and speeches you made throughout Senator from Georgia (Mr. ISAKSON), ing to get the clarity, in writing, that I didn’t hear him provide during his your career. After carefully reviewing the and the Senator from Nebraska (Mr. answers you gave during the hearing, I con- JOHANNS). hearing. cluded your responses lacked the breadth Further, if present and voting, the Unfortunately, after reviewing his and clarity I had hoped you would provide Senator from Tennessee (Mr. ALEX- written answers, I concluded that when afforded the opportunity. For instance, ANDER) would have voted ‘‘nay.’’ Judge Davis didn’t fully appreciate you conceded that some comments were ‘‘in- The PRESIDING OFFICER. Are there why many found his comments so trou- appropriate,’’ but then stated ‘‘they were in- any other Senators in the Chamber de- bling. For instance, when I asked him appropriate for the reason that an impres- siring to vote? about these statements he wrote that a sion could be gotten from them that some- The result was announced—yeas 54, ‘‘number of my statements could be how the court maintained a racial preju- nays 41, as follows: dice.’’ That response troubled me because it misunderstood’’, but he neither apolo- did not appear to fully recognize the reason [Rollcall Vote No. 286 Ex.] gized for them nor said anything to some find those comments concerning. Spe- YEAS—54 demonstrate that he fully appreciated cifically, the comments appeared quite Baldwin Hagan Murphy why his comments were so problem- plainly to assign a racial motivation to Baucus Harkin Murray atic. those who opposed particular nominees on Begich Heinrich Nelson As a result, in the last Congress I re- purely policy grounds. Bennet Heitkamp Pryor Consequently, following your hearing I Blumenthal Hirono Reed luctantly opposed his nomination. sent you a number of follow up questions for Booker Johnson (SD) Rockefeller Judge Davis, of course, was renomi- the record. Again, I was hopeful to receive Boxer Kaine Sanders nated this Congress. On September Brown King Schatz some clarity regarding those comments. But Cantwell Klobuchar Schumer 12th, he submitted a letter to the Flor- after carefully reviewing your responses, I Cardin Landrieu Shaheen ida Senators. reluctantly reached the conclusion that you Carper Leahy Stabenow In that letter, Judge Davis apolo- still did not fully appreciate why some Casey Levin Tester gized for his comments—without quali- viewed your comments as inappropriate. For Coons Manchin Udall (CO) Donnelly Markey Udall (NM) fication. instance, I asked about your comments re- Durbin McCaskill Warner He wrote, ‘‘I believe that several of garding President Clinton’s nomination of Feinstein Menendez Warren the statements I made in the past were Dr. Henry Foster’s nomination to be surgeon Franken Merkley Whitehouse inappropriate and improper.’’ He went general. But rather than concede what ap- Gillibrand Mikulski Wyden pears to be apparent by the words you used, on to write, ‘‘I apologize for any inap- NAYS—41 you answered instead that the comments propriate statements and deeply recog- were inappropriate because they ‘‘could be Ayotte Enzi Murkowski nize the harm that they could cause if interpreted’’ in a particular way, and there- Barrasso Fischer Paul Blunt Graham Portman they gave the misimpression that I am fore that you lacked impartiality. In my Boozman Grassley Risch anything other than impartial or that I view, your answers to several other ques- Burr Hatch Roberts maintain any bias or prejudice.’’ tions lacked clarity in a similar fashion. For Chambliss Heller Rubio As I wrote to Judge Davis in a follow- these reasons, among several others, reluc- Coats Hoeven Scott up letter on September 25th, unlike the tantly I opposed your nomination last Con- Coburn Inhofe Sessions gress. Cochran Johnson (WI) Shelby last Congress, I believe the apology With this background, I received your let- Collins Kirk Thune Judge Davis transmitted on September Corker Lee ter of September 12th, 2013. In your letter Toomey Cornyn McCain 12 for those comments was without you wrote, without qualification, ‘‘I believe Crapo McConnell Vitter qualification. Therefore, in my view, it that several of the statements I made in the Cruz Moran Wicker demonstrated both courage and humil- past were inappropriate and improper.’’ You NOT VOTING—5 ity. went on to write, ‘‘I apologize for any inap- In my letter to Judge Davis, I asked propriate statements and deeply recognize Alexander Isakson Reid the harm that they could cause if they gave Flake Johanns him simply to confirm that he was the misimpression that I am anything other The nomination was confirmed. apologizing for his comments regarding than impartial or that I maintain any bias Mr. DURBIN. Madam President, I ask Dr. Henry Foster, Dr. Joycelyn Elders, or prejudice.’’ I note that these two state- unanimous consent that the remaining and Justice Thomas. ments represent a step that you did not ap- mandatory quorums with respect to In a follow-up letter he wrote to me pear willing to take last Congress. In my these nominations required under rule on September 26, he confirmed those view, this demonstrates both courage and XXII be waived; further, that all re- were the ‘‘inappropriate comments’’ he humility. Thank you for that letter. maining votes be 10-minute votes. referenced in his letter to the As your nomination is now again pending I urge my colleagues to stay on the Senators. before the Committee, I write to seek one I ask consent that both my letter to further clarification. As I noted, you wrote floor so we can hold to the 10-minute in your recent letter that you apologize for deadlines. People have planes to catch. Judge Davis, and his response, be made ‘‘any inappropriate statements,’’ but you did The PRESIDING OFFICER. Is there part of the RECORD. not specify the statements to which you re- objection? Without objection, it is so I have given this nomination a great ferred. I want to confirm that you are refer- ordered. deal of consideration. I believe Judge ring to your comments regarding Dr. Henry

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S9080 CONGRESSIONAL RECORD — SENATE December 20, 2013 Foster, Dr. Joycelyn Elders, and Justice When this scandal first came to light, ing the political activities of tax-ex- Thomas. there was condemnation on all sides empt organizations. Given the IRS’s re- Thank you in advance for your prompt and everyone—regardless of party af- cent problems in dealing with these reply. filiation—wanted to get to the bottom types of organizations, many of us have Sincerely. CHARLES E. GRASSLEY, of it. reason to be skeptical that the agency Ranking Member, President Obama, for example, said can promulgate such rules without fur- U.S. Senate Committee on the Judiciary. ‘‘I have got no patience with it, I will ther bias or prejudice. not tolerate it, and we will make sure On all these issues, Mr. Koskinen has CIRCUIT COURT, that we find out exactly what happened committed to working with Congress, FOURTH JUDICIAL on this.’’ and with Members of both parties. CIRCUIT OF FLORIDA, Majority Leader REID expressed simi- I hope that he lives up to this com- Fernandina Beach, FL, September 26, 2013. lar views here on the floor, stating: ‘‘I mitment. Senator Charles E. Grassley, have full confidence in the ability of It is essential that he does so, be- Ranking Member, U.S. Senate Committee on the Senator BAUCUS and the Finance Com- cause, as I said, the IRS is an agency Judiciary, Washington, DC. mittee to get to the bottom of this rife with problems, most of which are DEAR SENATOR GRASSLEY: Thank you for your letter of September 25, 2013, and the op- matter and recommend appropriate ac- self-inflicted. These problems are not portunity to further clarify my views. tion.’’ simply going to go away when a new I understand your concerns, and please I hope that hasn’t changed. Commissioner is confirmed, and they know that my appreciation of the inappro- I hope that the effort to rush Mr. aren’t going to be solved if the agency priateness of statements I have made in Koskinen’s nomination through the ignores the input and inquiries from speeches include those referenced in your Senate is not part of an effort to sweep Members of Congress. letter regarding Dr. Foster, Dr. Elders and the Finance Committee’s investigation Once again, I support Mr. Koskinen’s Justice Thomas. under a rug and hope it disappears. confirmation. I just wish we had gone a Thank you for your continued consider- As I said, there is no reason for us to different route with regard to his nomi- ation of my nomination. move so quickly on this nomination. Sincerely, nation in the Senate. By waiting until our investigation BRIAN J. DAVIS. NOMINATION OF has concluded, we can ensure that the NOMINATION OF JOHN KOSKINEN Mrs. FEINSTEIN. Madam President, next commissioner—presumably Mr. Mr. HATCH. Madam President, I wish today I wish to express my support for Koskinen—will begin their time with to speak on the nomination of John Vice Chairman Janet Yellen, nominee the benefit of the findings of the inves- Koskinen to be the next Commissioner for Chairman of the Federal Reserve. tigation. This would put him in a bet- Dr. Yellen has dedicated her life to of the Internal Revenue Service. ter position to fix the problems we I want to say upfront that I support understanding the complex and evolv- have uncovered and to move the agen- ing field of economics, and her back- Mr. Koskinen’s nomination as I believe cy forward. In addition, it would ensure ground makes her an ideal candidate to he is a qualified candidate for this posi- that he has the confidence of Members replace Chairman Ben Bernanke and tion and he deserves to be confirmed. of both parties, which is vital with an continue the Fed’s efforts to boost eco- However, I do have to say that I am agency of this size and stature. nomic growth, increase the pace of job disappointed in the process by which I am encouraged by Mr. Koskinen’s creation, and ulitimately reduce the his nomination has been moved commitment to continue the coopera- crushing unemployment that has been through the Senate, both in the Fi- tion the Finance Committee has en- a drag on our recovery. nance Committee and here on the floor. joyed so far in its investigation, as well Dr. Yellen’s academic credentials and There is simply no reason for the Sen- as his commitment to working with experience in economics are first rate. ate to rush to confirm Mr. Koskinen, Congress to fix the IRS’s many prob- She graduated suma cum laude from and there is ample reason for us to lems. Brown University in 1967 and later take our time. I plan on holding him to his promise. earned a doctorate in economics from It goes without saying that the IRS The confirmation of a new IRS Com- Yale University in 1971. is one of the most powerful agencies in missioner should not be a partisan She began her teaching career as an our government. It is both feared and issue. assistant professor at Harvard Univer- loathed by people throughout the coun- My fear is that, by including Mr. sity, where she taught from 1971 to try. That being the case, it is abso- Koskinen in the current partisan fight 1976. lutely essential that all the actions of over executive branch nominees, the In 1977 and 1978 she began her public the IRS and its leadership are above Senate Democratic leadership is inject- service as an economist at the Federal board. ing partisanship where none should Reserve Board of Governors. That is the only way for the agency exist. This further undermines the IRS In 1980, Dr. Yellen headed west to my to maintain its credibility. as an agency, not to mention Mr. home State of California to become an That is the only way an agency this Koskinen’s future leadership of the assistant professor at the University of powerful can maintain the trust of the agency. California, Berkeley, She rose to pro- American people. This is not a time that we should be fessor emeritus of business and eco- The American people should be able undermining the IRS. In addition to re- nomics and was twice awarded teacher to trust that the IRS will enforce our storing the agency’s damaged credi- of the year at Berkeley’s distinguished Nation’s tax laws without bias or prej- bility—which I believe should be the Haas School of Business. udice. If that trust is broken, it dam- next commissioner’s top priority— During her time at Berkeley and ages the credibility of our entire gov- there are a number of other challenges elsewhere, Dr. Yellen published numer- ernment. facing this agency. ous research works, including the well- Needless to say, over the last few For example, there is the IRS’s sig- regarded ‘‘Waiting for Work,’’ a com- years, the IRS hasn’t done a good job nificant role in the implementation of prehensive study of unemployment she of maintaining that trust and, as a re- ObamaCare. As we have seen thus far, completed with her husband, the econ- sult, it has eroded its own credibility. this presents a number of difficulties, omist George Akerlof. I am talking, of course, about the both in terms of operation and enforce- Dr. Yellen’s research has been pub- IRS political targeting scandal cur- ment. lished in the Journal of Economics, rently under investigation in the Fi- Both the IRS’s inspector general and Business Economics, and the Brookings nance Committee. insurers throughout the country have Papers on Economic Policy, amongst If there is one thing that everyone questioned whether the agency is capa- others. should agree on, it is that the IRS ble of administering the Affordable Her research has primarily focused should enforce the tax laws as they are Care Act’s premium subsidy program on unemployment, monetary policy, written by Congress without consider- without massive amounts of fraud or and international trade—a perspective ation of political views. Sadly, it ap- improper payments. that will be vitally important as the pears that, for a time, not everyone at On top of that, there are the proposed Fed works to solve the complex issues the IRS shared that view. IRS and Treasury regulations address- facing the global economy.

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE December 20, 2013 CONGRESSIONAL RECORD — SENATE S9081 In 1997, she left the Federal Reserve I enthusiastically support her nomi- Schatz Tester Warren to chair the Council of Economic Ad- nation, and I encourage my colleagues Schumer Udall (CO) Whitehouse Shaheen Udall (NM) Wyden visers during the Clinton administra- to do the same. Stabenow Warner tion. f Before her appointment to Vice NAYS—39 Chairman of the Fed she led the Fed- CLOTURE MOTION Ayotte Enzi Murkowski eral Reserve Bank of San Francisco, Barrasso Fischer Paul The PRESIDING OFFICER. The Blunt Graham Portman keeping watch over financial condi- pending cloture motion having been Boozman Grassley Risch tions in the region as well as providing Burr Heller Roberts presented under rule XXII, the Chair counsel on the direction of monetary Chambliss Hoeven Rubio directs the clerk to read the motion. Coats Inhofe Scott policy. Coburn Johnson (WI) Sessions CLOTURE MOTION In 2010, she was appointed by the Cochran Kirk Shelby president and confirmed by the Senate We, the undersigned Senators, in accord- Corker Lee Thune ance with the provisions of rule XXII of the Cornyn McCain Toomey to be Vice Chairman of the Federal Re- Crapo McConnell Vitter serve where she has ably served. She Standing Rules of the Senate, hereby move to bring to a close debate on the nomination Cruz Moran Wicker has been intimately involved with the of John Andrew Koskinen, of the District of NOT VOTING—5 Fed’s interest rate policy and its con- Columbia, to be Commissioner of Internal tinuation of the unprecedented pro- Revenue. Alexander Isakson Reid Flake Johanns gram of quantitative easing. , Max Baucus, Barbara Boxer, I believe that this extensive experi- Mark Begich, Richard Blumenthal, Benjamin The PRESIDING OFFICER. On this ence working on monetary policy L. Cardin, Tom Udall, Debbie Stabenow, vote the yeas are 56, the nays are 39. issues at the Federal Reserve will Sheldon Whitehouse, Bernard Sanders, Chris- The motion is agreed to. make for a seamless transition to topher A. Coons, Mazie K. Hirono, Kirsten E. Gillibrand, Jon Tester, Brian Schatz, Martin The Senator from Illinois. Chairman and provide stability to fi- Heinrich, Claire McCaskill, Joe Donnelly, Mr. DURBIN. Madam President, that nancial markets. Heidi Heitkamp. 10-minute rollcall took 18 minutes. If Recently, a lot of attention is being The PRESIDING OFFICER. By unan- people stay on the floor we can move paid to the issue of growing income in- imous consent, the mandatory quorum these a lot quicker. equality in our country. call has been waived. Over the last few decades, middle- The question is, Is it the sense of the f class incomes have stagnated while in- Senate that debate on the nomination comes for high earners have enjoyed a of John Andrew Koskinen, of the Dis- stratospheric rise. Increasingly, the NOMINATION OF JOHN ANDREW trict of Columbia, to be Commissioner owners of capital are reaping a greater KOSKINEN TO BE COMMISSIONER of Internal Revenue shall be brought to and greater share of the profits, while OF INTERNAL REVENUE a close? hard working Americans struggle to The yeas and nays are mandatory The PRESIDING OFFICER. The keep up. clerk will report the nomination. If this trend continues, it will make under the rule. The clerk will call the roll. The bill clerk read the nomination of for a more volatile economy and put John Andrew Koskinen, of the District middle and lower income families in in- The assistant legislative clerk called the roll. of Columbia, to be Commissioner of In- creasing financial strain. ternal Revenue. Most importantly, if income inequal- The PRESIDING OFFICER. Are there The PRESIDING OFFICER. Under ity is really a product of inequality of any other Senators in the Chamber de- the previous order, all postcloture time opportunity, then the United States siring to vote? is yielded back. will no longer deliver on its most fun- Mr. DURBIN. I announce that the damental promise, one that serves as Senator from Nevada (Mr. REID) is nec- The question is, Will the Senate ad- the foundation for our social contract. essarily absent. vise and consent to the nomination of To me, that outcome is unacceptable, I further announce that, if present John Andrew Koskinen, of the District and our leading economic thinkers and voting, the Senator from Nevada of Columbia, to be Commissioner of In- should be working night and day to en- (Mr. REID) would vote ‘‘aye.’’ ternal Revenue? sure that every hard-working Amer- Mr. CORNYN. The following Senators Mr. MCCAIN. Madam President, I ask ican has the opportunity to be success- are necessarily absent: the Senator for the yeas and nays. ful in this country. from Tennessee (Mr. ALEXANDER), the The PRESIDING OFFICER. Is there a The most direct way to address in- Senator from Arizona (Mr. FLAKE), the sufficient second? There appears to be come inequality is to increase the rate Senator from Georgia (Mr. ISAKSON), a sufficient second. of job creation in the United States. and the Senator from Nebraska (Mr. The clerk will call the roll. JOHANNS). We have made significant progress in The bill clerk called the roll. Further, if present and voting, the the recovery from the great recession, Mr. DURBIN. I announce that the Senator from Tennessee– (Mr. ALEX- but the recovery has not been robust Senator from Nevada (Mr. REID) is nec- ANDER) would have voted ‘‘yea.’’ enough to translate into a robust labor essarily absent. market which increases wages for all The PRESIDING OFFICER. Are there any other Senators in the Chamber de- I further announce that, if present Americans. and voting, the Senator from Nevada Dr. Yellen has demonstrated a con- siring to vote? (Mr. REID) would vote ‘‘aye.’’ sistent ability to balance the Fed’s The yeas and nays resulted—yeas 56, mission of increasing employment and nays 39, as follows: Mr. CORNYN. The following Senators maintaining stable inflation. Her aca- [Rollcall Vote No. 287 Ex.] are necessarily absent: the Senator from Tennessee (Mr. ALEXANDER), the demic work suggests that she is keenly YEAS—56 Senator from Arizona (Mr. FLAKE), the aware of the devastating impact of per- Baldwin Durbin Leahy sistently high unemployment, both for Baucus Feinstein Levin Senator from Georgia (Mr. ISAKSON), families and the economy writ large. Begich Franken Manchin and the Senator from Nebraska (Mr. Bennet Gillibrand Markey JOHANNS). With her keen understanding of eco- Blumenthal Hagan McCaskill nomics and a rigorous analytical proc- Booker Harkin Menendez Further, if present and voting, the ess and a distinguished career in aca- Boxer Hatch Merkley Senator from Tennessee (Mr. ALEX- Brown Heinrich Mikulski ANDER) would have voted ‘‘yea.’’ demia, Dr. Yellen is the right person to Cantwell Heitkamp Murphy lead the Fed at this time. Cardin Hirono Murray The PRESIDING OFFICER. Are there And let me just say, a woman as Carper Johnson (SD) Nelson any other Senators in the Chamber de- Chairman of the Federal Reserve—a Casey Kaine Pryor siring to vote? Collins King Reed talented and extraordinarily well Coons Klobuchar Rockefeller The result was announced—yeas 59, qualified woman—is a positive thing. Donnelly Landrieu Sanders nays 36, as follows:

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S9082 CONGRESSIONAL RECORD — SENATE December 20, 2013 [Rollcall Vote No. 288 Ex.] Mr. HATCH (when his name was The question is, Will the Senate ad- YEAS—59 called). ‘‘Present.’’ vise and consent to the nomination of Baldwin Gillibrand Murphy Mr. DURBIN. I announce that the Brian J. Davis, of Florida, to be United Baucus Hagan Murray Senator from Nevada (Mr. REID) is nec- States District Court Judge for the Begich Harkin Nelson essarily absent. Middle District of Florida? Bennet Hatch Portman I further announce that, if present Mr. CHAMBLISS. I ask for the yeas Blumenthal Heinrich Pryor Booker Heitkamp Reed and voting, the Senator from Nevada and nays. Boxer Hirono Rockefeller (Mr. REID) would vote ‘‘aye.’’ The PRESIDING OFFICER. Is there a Brown Johnson (SD) Sanders Mr. CORNYN. The following Senators sufficient second? Burr Kaine Schatz Cantwell King are necessarily absent: the Senator There is a sufficient second. Schumer Cardin Klobuchar from Tennessee (Mr. ALEXANDER), the The clerk will call the roll. Shaheen Carper Landrieu Senator from Oklahoma (Mr. COBURN), The legislative clerk called the roll. Casey Leahy Stabenow Mr. DURBIN. I announce that the Collins Levin Tester the Senator from Arizona, (Mr. FLAKE), Coons Manchin Udall (CO) the Senator from Georgia (Mr. ISAK- Senator from Nevada (Mr. REID) is nec- Corker Markey Udall (NM) SON), and the Senator from Nebraska essarily absent. Warner Donnelly McCaskill (Mr. JOHANNS). I further announce that, if present Durbin Menendez Warren and voting, the Senator from Nevada Feinstein Merkley Whitehouse Further, if present and voting, the Franken Mikulski Wyden Senator from Tennessee (Mr. ALEX- (Mr. REID) would vote ‘‘yea.’’ Mr. CORNYN. The following Senators NAYS—36 ANDER) would have voted ‘‘nay.’’ The PRESIDING OFFICER. Are there are necessarily absent: the Senator Ayotte Fischer Murkowski from Tennessee (Mr. ALEXANDER), the Barrasso Graham Paul any other Senators in the Chamber de- Blunt Grassley Risch siring to vote? Senator from Oklahoma (Mr. COBURN), Boozman Heller Roberts The yeas and nays resulted—yeas 56, the Senator from Arizona (Mr. FLAKE), Chambliss Hoeven Rubio nays 36, as follows: the Senator from Georgia (Mr. ISAK- Coats Inhofe Scott SON), and the Senator from Nebraska Coburn Johnson (WI) Sessions [Rollcall Vote No. 289 Ex.] Cochran Kirk Shelby YEAS—56 (Mr. JOHANNS). Cornyn Lee Thune Further, if present and voting, the Baldwin Hagan Murphy Crapo McCain Toomey Senator from Tennessee (Mr. ALEX- Cruz McConnell Vitter Baucus Harkin Murray ANDER Enzi Moran Wicker Begich Heinrich Nelson ) would have voted ‘‘nay.’’ Bennet Heitkamp Pryor The PRESIDING OFFICER. Are there NOT VOTING—5 Blumenthal Hirono Reed any other Senators in the Chamber de- Booker Johnson (SD) Alexander Isakson Reid Rockefeller Boxer Kaine siring to vote? Flake Johanns Sanders The result was announced—yeas 68, Brown King Schatz Cantwell Klobuchar The nomination was confirmed. Schumer nays 26, as follows: Cardin Landrieu The PRESIDING OFFICER. The as- Shaheen Carper Leahy [Rollcall Vote No. 290 Ex.] Stabenow sistant majority leader. Casey Levin YEAS—68 Mr. DURBIN. Madam President, the Collins Manchin Tester Udall (CO) Ayotte Grassley Murphy last rollcall vote took 111⁄2 minutes. Coons Markey Udall (NM) Baldwin Hagan Murray Donnelly McCaskill Baucus Harkin Thank you all for your cooperation. Warner Nelson Durbin Menendez Begich Hatch Warren Portman f Feinstein Merkley Bennet Heinrich Whitehouse Pryor Franken Mikulski Blumenthal Heitkamp CLOTURE MOTION Gillibrand Murkowski Wyden Reed Booker Heller Rockefeller The PRESIDING OFFICER. Pursuant NAYS—36 Boxer Hirono Rubio Brown Johnson (SD) to rule XXII, the Chair lays before the Sanders Ayotte Fischer Paul Burr Kaine Schatz Senate the pending cloture motion, Barrasso Graham Portman Cantwell King Schumer which the clerk will state. Blunt Grassley Risch Cardin Kirk The bill clerk read as follows: Boozman Heller Roberts Carper Klobuchar Sessions Burr Hoeven Rubio Casey Landrieu Shaheen CLOTURE MOTION Coats Inhofe Scott Chambliss Leahy Stabenow We, the undersigned Senators, in accord- Cochran Johnson (WI) Sessions Collins Levin Tester ance with the provisions of rule XXII of the Corker Kirk Shelby Coons Manchin Thune Standing Rules of the Senate, hereby move Cornyn Lee Thune Donnelly Markey Udall (CO) Crapo McCain Toomey to bring to a close debate on the nomination Durbin McCaskill Udall (NM) Cruz McConnell Vitter Warner of Brian J. Davis, of Florida, to be United Feinstein Menendez Enzi Moran Wicker Franken Merkley Warren States District Judge for the Middle District ANSWERED ‘‘PRESENT’’—2 Gillibrand Mikulski Whitehouse of Florida. Graham Murkowski Wyden Harry Reid, Sherrod Brown, Richard J. Chambliss Hatch NAYS—26 Durbin, Christopher Murphy, Robert Menen- NOT VOTING—6 dez, Christopher A. Coons, Angus S. King, Barrasso Enzi Paul Jr., Martin Heinrich, Amy Klobuchar, Alexander Flake Johanns Blunt Fischer Risch , Tom Udall, Kirsten E. Coburn Isakson Reid Boozman Hoeven Roberts Gillibrand, Bernard Sanders, Barbara Boxer, The PRESIDING OFFICER. On this Coats Inhofe Scott Cochran Johnson (WI) Shelby Brian Schatz, Robert P. Casey, Jr., Thomas vote, the yeas are 56, the nays are 36, Corker Lee R. Carper, Benjamin L. Cardin, Michael F. Toomey with two Senators responding Cornyn McCain Vitter Bennet. ‘‘present.’’ Crapo McConnell Wicker The PRESIDING OFFICER. By unan- The motion is agreed to. Cruz Moran NOT VOTING—6 imous consent, the mandatory quorum f call has been waived. Alexander Flake Johanns The question is, Is it the sense of the NOMINATION OF BRIAN J. DAVIS Coburn Isakson Reid Senate that debate on the nomination TO BE UNITED STATES DISTRICT The PRESIDING OFFICER. Under of Brian J. Davis, of Florida, to be COURT JUDGE FOR THE MIDDLE the previous order, the motion to re- United States District Judge for the DISTRICT OF FLORIDA consider is considered made and laid Middle District of Florida, shall be The PRESIDING OFFICER. The upon the table, and the President will brought to a close? clerk will report the nomination. be immediately notified of the Senate’s The yeas and nays are mandatory The legislative clerk read the nomi- action. under the rule. nation of Brian J. Davis, of Florida, to f The clerk will call the roll. be United States District Judge for the The assistant legislative clerk called Middle District of Florida. CLOTURE MOTION the roll. The PRESIDING OFFICER. Under The PRESIDING OFFICER. Pursuant Mr. CHAMBLISS (when his name was the previous order, all postcloture time to rule XXII, the Chair lays before the called). ‘‘Present.’’ is yielded back. Senate the pending cloture motion.

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE December 20, 2013 CONGRESSIONAL RECORD — SENATE S9083 The legislative clerk read as follows: Moran Rubio Toomey to a period of morning business with Paul Scott Vitter Senators permitted to speak therein CLOTURE MOTION Portman Sessions Wicker We, the undersigned Senators, in accord- Risch Shelby for up to 10 minutes each. ance with the provisions of rule XXII of the Roberts Thune The PRESIDING OFFICER. Without Standing Rules of the Senate, hereby move NOT VOTING—7 objection, it is so ordered. to bring to a close debate on the nomination Alexander Flake Reid The Senator from New York. of Janet L. Yellen, of California, to be Chair- Chambliss Isakson f man of the Board of Governors of the Federal Coburn Johanns UNANIMOUS CONSENT REQUEST— Reserve System. The PRESIDING OFFICER. On this Harry Reid, Tim Johnson, Barbara Boxer, S. 1882 vote the yeas are 59, the nays are 34. Mark Begich, Richard Blumenthal, Benjamin Mr. SCHUMER. Mr. President, I ask L. Cardin, Tom Udall, Debbie Stabenow, The motion is agreed to. Sheldon Whitehouse, Bernard Sanders, Mazie f unanimous consent the Senate proceed to the immediate consideration of S. K. Hirono, Jon Tester, Brian Schatz, Martin NOMINATION OF JANET L. YELLEN Heinrich, Claire McCaskill, Heidi Heitkamp, 1882, a bill to extend the exclusion from Kirsten E. Gillibrand. TO BE CHAIRMAN OF THE BOARD income for employer-provided mass OF GOVERNORS OF THE FED- transit and parking benefits; that the The PRESIDING OFFICER. By unan- ERAL RESERVE SYSTEM imous consent, the mandatory quorum bill be read three times and passed; and call under rule XXII has been waived. The PRESIDING OFFICER. Under the motion to reconsider be considered The question is, Is it the sense of the the previous order, all time on the made and laid upon the table, with no Yellen nomination is yielded back. The Senate that debate on the nomination intervening action or debate. vote will occur on this nomination on of Janet Yellen, of California, to be The PRESIDING OFFICER. Is there January 6, 2014. objection? Chairman of the Board of Governors of The clerk will report the nomination. the Federal Reserve System, shall be Mr. HATCH. Mr. President, reserving The legislative clerk read as follows: the right to object. brought to a close? Janet L. Yellen, of California, to be Chair- The yeas and nays are mandatory The PRESIDING OFFICER. The Sen- man of the Board of Governors of the Federal ator from Utah. under the rule. Reserve System for a term of four years. The clerk will call the roll. Mr. HATCH. Mr. President, I appre- The PRESIDING OFFICER. The Sen- ciate my colleague’s commitment to The assistant legislative clerk called ator from Illinois. this particular issue. However, this is the roll. f just one of many tax provisions which Mr. DURBIN. I announce that the will expire at the end of the year. Senator from Nevada (Mr. REID) is nec- LEGISLATIVE SESSION In the past, the senior the Senator essarily absent. Mr. DURBIN. Mr. President, I ask from New York supported the exten- I further announce that, if present unanimous consent the Senate proceed sion of numerous provisions, as have I, and voting, the Senator from Nevada to legislative session. particularly the State and local sales (Mr. REID) would vote ‘‘yea.’’ The PRESIDING OFFICER. Without tax deduction in his case. I can only Mr. CORNYN. The following Senators objection, it is so ordered. wonder if he is signaling that the State are necessarily absent: the Senator f and local sales tax provision, along from Tennessee (Mr. ALEXANDER), the EMERGENCY UNEMPLOYMENT with all the others which are expiring, Senator from Oklahoma (Mr. COBURN), COMPENSATION EXTENSION ACT are no longer a priority for him. the Senator from Arizona (Mr. FLAKE), Mr. DURBIN. Mr. President, I ask In any event, the Senate Finance the Senator from Georgia (Mr. ISAK- unanimous consent the Senate proceed Committee has jurisdiction over all the SON), the Senator from Nebraska (Mr. to the immediate consideration of Cal- tax extenders, including the one being JOHANNS), and the Senator from Geor- endar No. 265, S. 1845. offered here today. As of yet, the com- gia (Mr. CHAMBLISS). The PRESIDING OFFICER. The mittee has not been able to fully con- Further, if present and voting, the clerk will report the bill by title. sider and report a tax extenders bill. As Senator from Tennessee (Mr. ALEX- The legislative clerk read as follows: a senior member of the Senate Finance ANDER) would have voted ‘‘nay.’’ A bill (S. 1845) to provide for the extension Committee himself, I would hope my The PRESIDING OFFICER (Mr. of certain unemployment benefits, and for colleague would want to work with KAINE). Are there any other Senators other purposes. other members of the committee to in the Chamber desiring to vote? There being no objection, the Senate preserve its jurisdiction. The yeas and nays resulted—yeas 59, proceeded to consider the bill. Since the House of Representatives nays 34, as follows: CLOTURE MOTION has been out for 1 week, my colleague’s [Rollcall Vote No. 291 Ex.] Mr. DURBIN. Mr. President, I have a request—even if agreed to in the Sen- YEAS—59 cloture motion at the desk. ate—would not result in extending the Baldwin Hagan Murkowski The PRESIDING OFFICER. The clo- mass transit provision. Finance Com- Baucus Harkin Murphy ture motion having been presented mittee Republicans stand ready to Begich Hatch Murray under rule XXII, the Chair directs the Bennet Heinrich work with our Democratic colleagues Nelson clerk to read the motion. when we return in a couple of weeks, Blumenthal Heitkamp Pryor The legislative clerk read as follows: Booker Hirono Reed and the House will be back then too. If CLOTURE MOTION Boxer Johnson (SD) Rockefeller we want to enact this extension into Brown Kaine Sanders We, the undersigned Senators, in accord- Cantwell King law, rather than just sending out talk- Schatz ance with the provisions of rule XXII of the Cardin Kirk ing points, we ought to engage in reg- Schumer Standing Rules of the Senate, hereby move Carper Klobuchar Shaheen to bring to a close debate on the motion to ular order when we get back. Casey Landrieu On that basis, I ask unanimous con- Collins Leahy Stabenow proceed to Calendar No. 265, S. 1845, a bill to Coons Levin Tester provide for the extension of certain unem- sent to modify my colleague’s unani- Corker Manchin Udall (CO) ployment benefits, and for other purposes. mous consent request. Donnelly Markey Udall (NM) Jack Reed, Richard J. Durbin, Martin I ask unanimous consent that the re- Warner Durbin McCaskill Heinrich, Thomas R. Carper, Charles E. quest be modified to refer this bill to Feinstein Menendez Warren Schumer, Dianne Feinstein, Patty Murray, Franken Merkley Whitehouse Bernard Sanders, Angus S. King, Jr., Al the Finance Committee so it can be Gillibrand Mikulski Wyden Franken, Tom Harkin, Jeff Merkley, Eliza- properly considered through regular NAYS—34 beth Warren, Sheldon Whitehouse, Barbara order. Ayotte Cornyn Heller Boxer, Richard Blumenthal, Sherrod Brown. The PRESIDING OFFICER. Does the Barrasso Crapo Hoeven f Senator from New York accept the Blunt Cruz Inhofe modification request? Boozman Enzi Johnson (WI) MORNING BUSINESS Mr. SCHUMER. I object. Burr Fischer Lee Coats Graham McCain Mr. DURBIN. Mr. President, I ask The PRESIDING OFFICER. Is there Cochran Grassley McConnell unanimous consent the Senate proceed objection to the original request?

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S9084 CONGRESSIONAL RECORD — SENATE December 20, 2013 Mr. HATCH. I object. that mass transit pollutes the air a lot tried to cover up for what PolitiFact The PRESIDING OFFICER. Objec- less than people driving individual dubbed ‘‘the lie of the year,’’ by pass- tion is noted. cars. In many places it is not possible ing the buck to States and insurers as The Senator from New York. to use mass transit, but in more and to whether individuals would be able to Mr. SCHUMER. Mr. President, I more parts of the country it is and we keep their plans for the next year. thank my colleague. We are good ought to be encouraging that. To have Let’s be clear about this. friends and I know his heart is in the this benefit expire is bad, bad for peo- ObamaCare’s problems are deeply root- right place. I would just make a couple ple who take mass transit. Obviously ed in its DNA, and they are far larger, of quick points before I get into a little there are a lot of them in my State— far bigger than just a Web site. Is the bit of the substance, and I will be brief. 700,000—who get this benefit. It is bad Web site causing the cost of health in- The reason this extender has special for those who drive and bad for the surance premiums to go up dramati- weight and deserves being brought up clean air that we wish to breathe. cally? Is the Web site causing busi- today is the following: Most of the tax I will continue my quest because I nesses to force more and more employ- extenders—and I certainly support a think it is only fair and only right and ees to work part-time? Is the Web site large number of them—can be put into it is good for all of America. As my col- sending out cancellation notices to pa- law retroactively with little harm league noted, it is a tax break. We gen- tients and consumers, telling them done. Since most of them affect peo- erally can find more agreement on tax that their health care plans are no ple’s tax returns in 2015 if the law is breaks than many other issues—fiscal longer available? Of course not. Yet as changed, say, January or February of and tax issues in this Congress. I will the functionality of the Web site con- 2014, it doesn’t affect this because the continue my quest to have this re- tinues to improve, the administration tax deduction would actually be filed newed as soon as possible, and I think is starting to talk as if every problem before April 2015. it is not unfair to do it ahead of the with the law has been fixed and that all The one problem with the mass tran- other tax breaks because of the unique the other issues are going to simply sit benefit is it is much harder to make way that this benefit functions and dissolve. retroactive. People try and we tried how it is harder—not impossible but We know that is not the case. In re- last year. We did it retroactively. But harder to enact retroactively. ality the problems with ObamaCare are since the benefit goes each month to Mr. President, I wish you, the entire only beginning. I would like to take a the commuter from his or her em- staff who has done a great job here few minutes to discuss some of the ployer, retroactivity doesn’t work through the year, and all of my col- problems we are going to be seeing in quite as well. leagues as well as those here in the gal- the future as the President’s health That is why I felt it was important to lery, a merry Christmas, a happy new law continues to be implemented. I try to get this passed now, so perhaps year—not least of whom is my good have to say that when it comes to when the House returned imme- friend and colleague from Utah who I ObamaCare, it is a little difficult to diately—there is good bipartisan sup- know has a big and happy family. I make predictions. That is because the port for this in the House support as wish them a merry Christmas and a administration has gone to great well—they might enact it and we would happy new year as well. lengths to muddy the waters with de- not have to wait for the Finance Com- I yield the floor, I guess with just layed deadlines and unilateral policy mittee to go through a large number of about almost certainty for the last changes. However, I think we can look other tax extenders hearings and what- time in 2013. through the opaque waters and identify ever, because the longer it is retro- The PRESIDING OFFICER. The Sen- at least six general areas where we can active, the harder it is. ator from Utah. expect to see major problems in the I certainly appreciate my colleague’s Mr. HATCH. Mr. President, I appre- coming months. These are six areas objection. I am going to fight very hard ciate my colleague from New York. He among many, but theses are six I want to try to get this done in January when is a great Senator. I understand his to talk about today. we return. I would just make these fol- concern here, but we ought to do this No. 1, we are going to continue to see lowing points about the benefit. in accordance with regular order, espe- problems with the implementation of It is a win-win. It is a win for our cially on the Finance Committee, to ObamaCare. Like I said, there have un- mass transit commuters because then get to where we work on these matters doubtedly been improvements to the they get the same benefit—no more, no and get them done in an exigent and Web site. They should be able to re- less—than those who drive to work and good way, and I will certainly try to solve that problem. It is a technical park. It was an anomaly in the law, work with my colleague throughout problem. It is a shame it was not re- pointed out by my late colleague, this process. solved to begin with. It is a shame that friend, and mentor, Senator Moynihan, Mr. President, I also would like to enough time wasn’t given to resolve it, that it was unfair to give people who wish everybody who serves in this body but there still are issues that are far drive their cars to work double the tax a merry Christmas and a happy new from resolved besides that. benefit of mass transit commuters. It year. This is a wonderful time of the Let’s just look at the enrollment in is only fair to make them equal. year. We all feel pretty good today, the exchanges to see how things are Right now, the law will raise the having finally gotten through most of going. As of November 30, roughly parking-driving benefit—those who the work that we needed to get 365,000 individuals enrolled in health drive to work—at the rate of inflation through. insurance coverage through the State to $250. That is a good thing and I am Mr. SCHUMER. I thank my col- and Federal exchanges. That is a small all for that. But if the law is not re- league. improvement from the numbers that newed before December 31, the mass f we saw at the end of October but still transit benefit, which I have worked far short of the benchmarks that the hard to make equal to the park-and- OBAMACARE Department of Health and Human drive benefit, will revert back to $130 a Mr. HATCH. Mr. President, I rise Services had set for enrollment in the month, which is a lot less and unfair. today to discuss the debacle that is the exchanges. Originally, HHS touted a The second benefit is to people who so-called Affordable Care Act. I don’t goal of enrolling 7 million people in the drive. You say why would they benefit? think there is anyone in this Chamber, exchanges by March of 2014. According They are getting theirs. The bottom Republican or Democrat, who would to a memo obtained by the Associated line is, for every person who takes dispute that thus far the implementa- press, HHS projected that on the way mass transit and doesn’t take his or tion of this law has been a disaster, to reaching that goal of 7 million en- her car to work, that reduces conges- particularly with regard to the rollees, they would enroll roughly half tion on the roads. So even if you never healthcare.gov Web site and the Presi- a million people in the first month. Yet want to ride the train or the bus to dent’s promise that ‘‘if you like your after 2 months they were still more work, you should be for this. health care plan, you can keep it.’’ than 100,000 people short of that one- Finally, I would say the following: It The administration has admitted month benchmark, which is not a high benefits our environment. We all know that it bungled the rollout and has benchmark in my opinion.

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE December 20, 2013 CONGRESSIONAL RECORD — SENATE S9085 The same memo projected that they is unable to sign up before that date, changes come with much higher pre- would have 3.3 million enrollees by the which is just a few days away, will find miums. This sticker shock has been end of 2013. Yet, if they are going to themselves facing a gap in medical cov- widely reported. But that is not the reach that goal, they will have to en- erage. end of the crisis problem. roll nearly 10 times as many people as For the chronically ill or for people Unfortunately, many people are also they have enrolled so far in just the with expensive medical conditions, this finding that their out-of-pocket costs next week and a half. gap in coverage will be particularly will be dramatically increased thanks Sure, many of these enrollment prob- acute. These people are, according to to higher copayments and prescription lems are due to a poorly designed and , ‘‘ObamaCare’s drug costs, included in plans on the ex- poorly executed Web site, but even biggest losers.’’ Yet, ostensibly, these changes. In many cases, it is difficult with the Web site’s improvements, it are the very people that this law was for patients to determine which medi- would take a substantial miracle for enacted for and supposed to help. cations are covered on the ObamaCare the administration to meet its enroll- Another reason countless Americans plans. ment goals for the coming months. may end up seeing gaps in coverage is Unlike in Medicare Part D, the There are other significant problems simply because they will be unable to ObamaCare Web site does not have a to be concerned about, most notably navigate the ever-changing landscape plan finder that would enable con- those associated with the premium that is ObamaCare’s dates and dead- sumers to search for plans based on subsidy program administered by the lines. Due to the failures of the rollout, coverage. These new costs are particu- IRS. the administration has delayed or larly high when compared with the in- Earlier this month the Treasury In- shifted virtually every deadline associ- surance plans that were recently can- spector General for Tax Administra- ated with obtaining and paying for cov- celed. tion issued a report that found that the erage. For example, like I said, the But it is not just happening in the in- IRS has an inadequate system in place deadline for enrolling in insurance cov- dividual market. These price spikes are for preventing fraudulent premium erage that starts on January 1 is De- also hitting people with employer-pro- subsidy payments from occurring and cember 23, just a few days away. The vided insurance. According to a recent that people’s personal information will deadline for actually getting the first poll by the , nearly likely be at risk. That is the Inspector premium payment to insurers is De- half of Americans with job-based or General for Tax Administration. That cember 31. Both of these dates have other private insurance say their poli- is not Republicans. There are real ques- been moved at least once already and cies will be changing next year, mostly tions as to whether the IRS can effec- could be moved again. They probably for the worse. So 69 percent say that tively verify the income of those apply- will be. On top of that, the administra- the cost of their insurance will be ing for these subsidies. I have also tion has issued statements ‘‘encour- going up; 59 percent say their annual raised the concern on a number of oc- aging’’ insurers to extend their own deductibles or copayments are increas- casions. deadlines for payment and enrollment. ing. The Affordable Care Act did little Similar tax subsidy programs, in- This is on top of the delays in the to reign in the actual cost of health cluding, for example, the Earned In- employer mandate, the SHOP ex- care. come Tax Credit, EITC, that are paid changes, and the countless other provi- When you add in the costs associated out before they are verified, have im- sions we have seen delayed or extended with the law’s mandates and regula- proper payment rates as high as 25 per- over the past year. tions, costs are going up, particularly cent. Think of that. People are bound to be confused by for small businesses, our main job cre- If we see the same improper payment all of these changes. It is nearly impos- ators. rate on these ObamaCare subsidies as sible for anyone, let alone those with A recent survey of small business we do on the EITC, it will end up cost- serious medical conditions, to keep owners by the National Federation of ing taxpayers hundreds of billions of track of the ever-changing deadlines Independent Business confirmed that dollars over the next 10 years. As I the administration keeps issuing. With this is already starting to happen. In have said in the past, the ObamaCare no clarity as to when people should the survey, 64 percent of small busi- premium subsidies with the lack of se- sign up and who they should pay and nesses reported that they paid more for curity and safeguards are a fraudster’s when, it is a virtual certainty that employee health insurance premiums dream. We have warned the adminis- many consumers will find themselves in 2013 than they did in 2012. Small tration, and I personally warned the uncovered for a period of time through business owners consistently cite the administration. no fault of their own. rising cost of health care as their top The administration may claim that The administration added to all of business concern. with the recent improvement to the this uncertainty last night with the This brings us to the next obvious healthcare.gov Web site all is now announcement it was going to allow prediction, No. 4. Millions of people right with the world. However, as you people with canceled insurance plans to will lose their existing employer-pro- can see, there are a number of adminis- either buy catastrophic plans or avoid vided health insurance. Once again, we trative problems that, even with a the requirement that they buy health are all too familiar with President functional Web site, have yet to be re- insurance altogether. It has been less Obama’s infamous promise, ‘‘If you solved. than a full day, and already this deci- like your health care plan, you can No. 2, Americans will be left without sion is causing confusion among insur- keep it,’’ but little has been said about coverage due to the problems with ers. It will almost certainly do the the threats ObamaCare’s mandates ObamaCare. As a result of the dismal same for consumers. pose to people who get their health in- rollout of ObamaCare, many Ameri- It seems the Obama administration is surance from their employers. cans, particularly those who have tried making all of this up as they go along. Put simply, the health law was de- to enroll in the exchanges, could very Undoubtedly, many people will suffer signed specifically to invalidate exist- well end up being uninsured for a time. the consequences of this ineptitude. ing health care plans—those deemed in- Maybe a significant time. The administration should be ashamed adequate by the drafters of the law—in Last week an article appeared in the of the way this is bollixed up and order to force people into more expen- Washington Post that told the stories messed up, and it is just going to get sive plans with expanded coverage they of people had were forced out of their worse. don’t necessarily want or need. This existing health plans due to No. 3, there will continue to be spikes applies to both individual market plans ObamaCare’s coverage mandates but in premiums and other costs. We have and employer-provided plans alike. The are unable to sign up for the new plans already seen what is happening to the administration’s own estimates, pub- on the exchange due to the failings of price of insurance in the individual lished in the Federal Register, pre- the Web site. The deadline for signing market. Thanks to ObamaCare, mil- dicted that tens of millions of Ameri- up for coverage that starts on January lions of people have already lost their cans with employer-sponsored—keep in 1, 2014, is December 23, 2013. Anyone existing health insurance and have mind, employer-sponsored—insurance who has been kicked off their plan who found that their options on the ex- will see their plans invalidated by the

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S9086 CONGRESSIONAL RECORD — SENATE December 20, 2013 so-called Affordable Care Act’s man- No. 6, ObamaCare will continue to be single-payer system. If we do that, I dates and regulations. a drag on business and our overall have to tell you, we will never get out According to a recent analysis by the economy. It isn’t just patients and con- from under this mess. American Enterprise Institute, as sumers who are suffering under We had a system that was working many as 50 to 100 million insurance ObamaCare; employers are also facing pretty well. There were up to 30 million policies in the employer-provided in- difficulties as a direct result of people who did not have coverage. Why surance market will see their plans ObamaCare. As I have discussed here didn’t we just concentrate govern- canceled next fall when all business on the floor at length in anticipation of mentally on helping the 30 million peo- plans must be fully compliant with the employer mandate, businesses all ple rather than doing this colossally ObamaCare’s insurance mandates. At across the country have either reduced bad bill that we are all going to rue the that point businesses will have to face employment or have stopped hiring. day we did? I am so concerned about it. a difficult choice: Offer a more expen- Workers who had full-time jobs before There are ways we can work to- sive health care plan to their employ- the passage of ObamaCare are finding gether. I really believe we have to find ees or send employees into the ex- themselves moved into part-time work some folks on the other side of the changes. As we have already seen, that because under the law employers will aisle who really understand this and is not a great place to be. be forced to provide coverage for full- who really understand that they are No. 5, health insurers will either time workers. getting killed by this bill. Hopefully, leave the market or face bankruptcy. Even the unions, which were among we can find some folks who will sit One of the foundational assumptions the largest and biggest supporters of down and work with people like myself. made by the drafters of the Affordable the health law when it was being de- I have been instrumental in an awful Care Act was that the costs to insurers bated in Congress, have come out and lot of health care legislation over the of providing vastly expanded coverage said the law is destroying the 40-hour last 37 years. Hopefully, we can work would be offset when more young and workweek for American workers. together in order to get this terrible healthy patients are brought into the Last week the National Association problem resolved. I am concerned risk pools. Indeed, this is almost the of Manufacturers released its quarterly about it. entire basis for the individual mandate. survey of its members which showed Health care should never have been a The problem is that so far this doesn’t overwhelmingly that the President’s partisan issue, and in this case it is a seem to be happening, and I doubt it health care law is having a negative totally partisan issue. Every Democrat ever will. There is good reason to ques- impact on the manufacturing sector. in the House and Senate voted for it. tion whether it ever will. With the According to that survey, more than 20 Not a single Republican in the House ever-increasing cost of insurance as a percent of manufacturers have cut or or Senate voted for it. We all voted direct result of ObamaCare, there will decelerated their business investment against it, knowing in advance that it likely be many who opt to stay out of as a result of ObamaCare. Nearly one- would be a disaster. Frankly, I would the market altogether. quarter of them have either reduced like to get rid of the disaster, and I There is ample data right now to sup- employment or ceased hiring. Roughly hope we can find some colleagues on port this conclusion. For example, in a one-third of them say they have re- the other side who will be willing to poll released earlier this month from duced their business outlook for 2014 as work to do that. the Harvard Institute of Politics, those a result of the so-called Affordable I hope the President will wake up. I in the millennial generation—the very Care Act. And more than 77 percent— think he thinks he is going to double people whom proponents of ObamaCare nearly 8 in 10—of manufacturers cited down and fight for this, when, in fact, desperately need to add to the insur- rising health insurance costs as a pri- it is killing his reputation and the ance pool—were shown to be highly mary business challenge. Democratic Party’s reputation as well. skeptical of the law. In the poll, a ma- In other words, at a time when our We clearly can’t keep going the way jority of 18- to 29-year-olds disapproved economy is growing at a sluggish pace we are. of the Affordable Care Act and said it and job growth remains lackluster, the I yield the floor and suggest the ab- will increase their personal health care President and Democrats in Congress sence of a quorum. The PRESIDING OFFICER. The costs. Only 18 percent of respondents in continue to support a health care law clerk will call the roll. that age group said they thought the that is making America a much more The bill clerk proceeded to call the law would improve their health care. difficult place to do business and to roll. Clearly, the authors of ObamaCare find and keep a job. It is only going to The PRESIDING OFFICER. The Sen- thought that the individual mandate, get worse as this wears on. These are ator from South Carolina. along with the strong sense of civic just some of the problems we are going Mr. GRAHAM. Mr. President, I ask duty, would coerce people into acting to see in the coming months as a direct unanimous consent that the order for against their own interests and paying result of ObamaCare, and they are not the quorum call be rescinded. expanded costs for coverage they don’t going to go away so long as the Afford- The PRESIDING OFFICER. Without necessarily want or need; however, in able Care Act remains in place. objection, it is so ordered. the real world where people weigh costs As I see it, with 2013 coming to a Mr. GRAHAM. I ask unanimous con- and benefits before making a decision, close, the President and his allies here sent to be able to engage the Senator millions of people are more likely to in Congress are at a crossroads. As I from New Hampshire in a colloquy for pay a fine instead of entering a skewed see it, they have two choices: They can about 20 minutes. I would appreciate it and unstable insurance market where continue to double down on the same if the Presiding Officer would let us costs are forever going up. A lot of failed policy that is increasing the cost know when the 20 minutes has expired. these young people will not even pay of health insurance in this country and I would like to discuss the military re- the fine because there is no penalty for causing millions of people to lose their tiree position and the budget with Sen- not doing so. existing coverage and will continue to ator AYOTTE when she gets here. Without a greatly expanded risk pool wreak havoc well into the future or The PRESIDING OFFICER. Without of younger and healthier consumers, it they can, for once, try to work with objection, it is so ordered. is not going to be worth it for many in- Republicans on replacing this failure f surers to stay in the market. Those in- with something that has a real chance surers who do stay and try to stick it of success. I hope that eventually my MILITARY RETIREMENT out will do so at greater risk to their colleagues will choose the latter, but Mr. GRAHAM. The Presiding Officer financial future. needless to say I don’t think I can keep is from Virginia, and I know he under- Insurers are not the only ones facing my hopes up. stands military men and women very a dismal economic outlook as a result Last but not least, I hope this is not well. It is a very patriotic State when of ObamaCare, which brings me to my leading to a throwing of the hands in it comes to their military footprint. I final prediction. Remember, I am just the air, admitting this doesn’t work, am confident that he and I—and oth- limiting it to six today. I will have and then saying we have to go to so- ers—will be able to fix the problem more later. cialized medicine, or what many call a that occurred in the budget agreement.

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE December 20, 2013 CONGRESSIONAL RECORD — SENATE S9087 Let me say about the agreement Civilian employees, new hires, had to Mr. GRAHAM. This applies to dis- itself that I do appreciate the fact that contribute additional funds to the Fed- abled retirees as well, right? we were able to find a bipartisan way eral retirement system to help pay for Ms. AYOTTE. It does. We have all forward to relieve sequestration from the deal, but it only affected new retir- visited Walter Reed and we have all the military and nonmilitary for a cou- ees; the people who are in the system met our wounded warriors who are he- ple of years. That is just a drop in the were grandfathered. The only group roes. They have sacrificed more than bucket as far as what we have to do to that Congress found fit to single out we could ever ask anyone to sacrifice repair the military. GDP spending on for the retroactive application was the for our Nation. Some of them don’t the military is moving toward an all- retiree community. have arms, legs. They receive a med- time low over a 10-year period with se- All I can say is that military pay— ical retirement because of their service questration. The historical average has retirement, pension pay, health care and their disability as a result of the been well over 4 percent, and we are benefits are going to be subject to service they have rendered so gravely going to hit below 3 percent if we con- being reviewed and they will be subject for our country, and they get cut under tinue sequestration. That is an issue to reform, because a larger portion of this too. I don’t think the cut to them for another day. our budget in DOD is personnel costs. is teensy-weensy or minuscule. Only in The budget agreement called for re- The Congress, in its wisdom, set up a Washington would this be minimized in lieving sequestration in the pay-fors. commission to look at this issue. They terms of how people are viewed as min- Quite frankly, they were not big. They are supposed to report back in 2014— uscule or teensy-weensy in light of the did not change the course of the coun- now maybe it is as late as 2015—about service they have given to our country. try. They are not what the Senator how to reform military pay and bene- I thought this description of it was from Virginia and I hoped for. We fits as part of an overall restructuring wrong and offensive and demoralizing would have liked to have done entitle- of the Pentagon. in terms of the message it sends to our ment reform. I would like to do Tax One thing Congress put into the com- men and women in uniform. Code simplification. I am willing to mission’s charter was that they had to I think the encouraging part of where eliminate deductions in the Tax Code grandfather people who are currently we are right now is that so many in and take some of the money to pay in the system. In the budget agreement this body have come forward and said down the debt, even though some folks we singled out military retirees for a 1- we need to fix this and recognize this on my side say we have to put it all in percent reduction of their COLA and does have an unfair impact on our mili- tax reductions. And I think the Sen- nobody was grandfathered—$6.3 billion tary retirees and, of course, those who ator from Virginia would be willing to coming out of the pockets of those who have received a medical retirement. engage in commonsense entitlement have served. For an E–7 who is going to Whether I disagreed with my col- reform to keep us from becoming retire at 40 and has his or her COLA re- leagues voting for the agreement, re- . gardless of where my colleagues stand This was the best deal we could get. duced to age 62, it is between $71,984 or on the agreement, I think it is time for It didn’t do the big deal, but it did pro- $80,000, depending on who you talk to, us to come together on a bipartisan vide some budget relief for a 2-year pe- in loss and benefits. And the E–7 re- basis and do the right thing and fix riod, and it was about $60-something ceives in retirement pay after 20 years this on behalf of our men and women in billion; I can’t remember the number. of faithful service about $25,000 a The bottom line is that one of the year—not exactly becoming independ- uniform, especially our wounded war- ways you paid for relieving pressure on ently wealthy. riors. the defense budget and nondefense We have one of the leading voices on Obviously, this body realizes this is spending was there was a provision this issue, Senator AYOTTE from New not minuscule and this is not teensy- that will affect military retirees, Hampshire, who took up this challenge weensy in terms of the impact on our which nobody will own, that got into and came up with some solutions early heroes and those who have sacrificed so the budget agreement. on and has been a great voice about much for our country. I am very en- I am on the Budget Committee. I was how unfair this is. So I will yield to the couraged to see so many of my col- not consulted about the agreement; I Senator from New Hampshire. leagues over the last couple of days read about it in the paper. There is a Ms. AYOTTE. Mr. President, I thank coming forward with different ideas fine line between having a bunch of my colleague from South Carolina. about how we can fix this and do the people involved who kind of keep I picked up an editorial this morning right thing on behalf of our men and things from never developing to from the Washington Post that calls women in uniform. produce a product and having a handful the cuts to the cost-of-living adjust- I have introduced a piece of legisla- of people doing something in a small ments to military retirees minuscule tion that would come up with billions room, not vetted. and demeans this criticism. It calls the of dollars for a pay-for to fix this. I So the bottom line is that $6.3 billion cuts teensy-weensy. know others have different ideas. But I of the pay-fors came from adjusting I don’t understand why anyone would know this: We can put politics aside. military retirement cost-of-living al- want to support a measure that singles We can fix this for our men and women lowances for those who have served our out—in other words, under this budget in uniform. military for 20 years and are therefore agreement, the group that got the cuts After we go home for the holidays, I eligible for retirement. What they did to their current benefits are those who think when we come back in January, was they took the COLA and reduced it have sacrificed the most for our coun- this should be a No. 1 priority in this by 1 percent for every military retiree try. To call this minuscule or teensy- body, which is to do the right thing for until they reach the age of 62. weensy—I don’t think it is so minus- our military retirees, for those who are The President, to his credit, has cule, as the Senator from South Caro- our wounded warriors. The number of called for an adjusting CPI, the way lina said, to an E–7 who makes about people I have seen speak out on this COLAs are calculated, for everybody— $25,000 a year in retirement and will issue in the last few days gives me en- for civilians, military, Social Secu- lose close to $72,000 from the time he or couragement that we will be able to do rity—to make it more consistent with she retires at 40 until they are 62. That this and do it quickly on their behalf, sustainable inflationary increases. This is about 3 years of their retirement. to right this wrong. Some of them are didn’t adjust the COLA, it left the for- That is not minuscule in a working 19 years in. Maybe they have done mul- mula as it is; it just reduced the mili- family. tiple tours in Afghanistan and are tary retiree’s COLA by 1 percent until This is not a minor situation. It is thinking of retiring. We need to let the military retiree reaches age 62, and not minuscule to our veterans, those them know we understand their sac- that is the only group in the country wounded warriors who have given the rifice, we should not have singled them that had that happen. So $6.3 billion is most, and who have, unfortunately, out, we will get this right, and that we taken away from men and women who suffered so much. understand that of all the people who have served for 20 years, and no one Mr. GRAHAM. Mr. President, will should not have been singled out in else had the pleasure of that experi- the Senator yield? this agreement are those who take the ence. Ms. AYOTTE. I yield. bullets for us and whose families have

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S9088 CONGRESSIONAL RECORD — SENATE December 20, 2013 had to go through multiple deploy- had to risk your life for it, you had to when they come back. We cheer when ments. ask of your children something that they go away. We trip over ourselves as I think about the fact that when most people do not have to ask; that is, politicians to show our love and affec- someone has done a 20-year military move and leave your friends every cou- tion. The average person at the airport career and one has had multiple de- ple years. You had to do things for the says: Thank you for your service. We ployments, the spouse can’t have the rest of us that, apparently, we do not are well-meaning people. But to believe same kind of career as if they were able appreciate anymore at the Washington that somehow they are being fairly to live in one place. They sacrifice so Post. treated in this budget deal and really much because they are traveling I do not know what the editorial we are just not doing enough from the around the world and the retirement board’s makeup is. They are all patri- Washington Post’s perspective, I think they receive obviously recognizes that. otic, I am sure good people, and if they loses sight of what they have done for So as we leave for the holidays, I have veterans down there, boy, you let the rest of us. hope when we get back, we get this your fellow veteran down by approach- Let’s say we never reformed a penny right, we take this up, we honor the ing this issue in such a harsh, insensi- of military retirement in the future service of our men and women in uni- tive way. Their response was: No, the and we left it as it is. About $1.734 mil- form and do what is right. military retiree is not getting screwed. lion is the package over the lifetime Mr. GRAHAM. Senator AYOTTE men- This is just a small step to something from the 20-year retirement point to tioned this Washington Post editorial. larger. death, which the average could be 40 The Washington Post is, in my view, a What they are trying to do—which years. We need to look at that. But very good newspaper. I like the edi- offends me—is, one, they do not know let’s say we did not change a penny. torial board. They have been right on what they are talking about, which is Over a 40-year period, at $25,000 a year, Syria and a lot of other issues. Some- unusual for the Washington Post. Do do you begrudge these people this times we disagree, that is for sure. But not confuse my disgust with the sin- package? After 20 years of service, they this one editorial has gotten my atten- gling out of military retirees in a ret- are now in their forties, their late thir- tion to the point that I have to respond roactive fashion to pay for a budget ties—the average is probably in the and, quite frankly, ask my friends at deal that does not do a whole lot to mid forties—they have to start over the Washington Post to reevaluate change the course of the country with again. Go do that. Not so easy. And their position and think a little bit my desire and willingness to reform somehow we are suggesting that we are about what they are saying in their military pay and pension benefits in being too generous? Would you send your kid? If I gave editorial when it comes to military re- the future through a logical process. you $1.74 million over the next 40 tirees. Now, that offends me. That is pretty years, is that worth it for you to have As she said, the editorial says this is clever. your kid sent over to Afghanistan or a ‘‘teensy-weensy’’ small cut. I said So can you be for reform and be dis- Iraq, if they did not want to go? That that we were screwing the military re- gusted at the same time? Yes. And here tirement community and maybe a bet- is what this is about. is the good news. Very few U.S. Sen- So to my friends at the Washington ter way of saying it was we are dis- ators are taking the Washington Post Post, I do not know what happened respecting the military retiree commu- tactic that these people deserve more here. I do not know how you could jus- nity, because when I said we were cuts—not less—singled out. I think the tify and defend this provision in the screwing the military retirees, it was Washington Post is on an island of its budget agreement that nobody wants sort of like the financial package. They own, at least I hope so. to claim credit for. Again, I will reform are having to give up retirement bene- People who voted yes—Senator military pay and pension benefits fits—the COLA reductions—that not MCCAIN, God knows he has earned his through the commission process pro- one other person in the entire country retirement; Senator CHAMBLISS; Sen- spectively, but I will not sit on the has to go through. And it is not teensy- ator ISAKSON—have come up with a sidelines and watch these people, yes, weensy. When it is 1 percent calculated way to fix this, and all three of them get screwed financially but, more than from 40 to 62, it is $71,000 to $80,000; if will say: I will embrace military pay that, be disrespected. you are an officer, $100,000. Again, you and pension benefit reform in the fu- To my House and Senate colleagues, get about $25,000 in retirement when ture. I am not just going to single out Republican and Democrats, we created you are an E–7; some in the thirties if the military retiree and reduce their this problem together. We will have to you are an O–5. But to get that you COLA when no one else gets that re- fix it together. And to the military re- have to serve your country for 20 years, duction retroactively, violating their tiree community, the disabled retiree, uprooting your family—probably the own commission charter. I am confident that Republicans and average number of moves has to be five Senator SHAHEEN on the other side Democrats will right this wrong. or six. If you have been on Active Duty wants to fix it. Senator MURRAY wants Having said that, there will come a since 9/11, God knows how many times to fix it. I am really pleased that a lot day when we will sit down and look you have been to Iraq and Afghanistan of people have said: Now that I under- long and hard about the sustainable and other places. stand how this works, we need to fix it. nature of personnel costs—TRICARE Here is the deal: Your children are I have not even mentioned the fact reform—pay and pension reform—but not subject to being drafted. Why? Be- that it does apply to disabled retirees. we are going to do it understanding cause we abolished the draft, and we If you had your legs blown off in Af- you have a special place in our heart, put in place an all-volunteer force, and ghanistan, it might be pretty hard to but when it comes to balancing the part of the deal was that we would take get another job. Your COLA is reduced budget and writing the Department of care of the military member and their too. Defense long-term financial obliga- family in an appropriate way if they What do you say to those people? tions, that we will look at this in a would bear that burden for the rest of Thank you? Itsy-bitsy, teensy-weensy? professional manner, and we will do it us. Really? But they did not mention in in the way least intrusive, and we will Are these people really living large the editorial that it applies to the dis- give people notice. We will not change off the rest of us? Should we be of- abled retiree. Mr. President, $600 mil- the deal. fended at this ‘‘great deal’’ we are giv- lion of the $6 billion comes from that Can you imagine what it is like to ing these people who retire at 40 or 45 community. have fought since 9/11; you are getting or 38? You know, the ‘‘My God, aren’t Here is my point: It is not so much ready to retire in 2016, after 20 years of they just sort of taking the rest of us that we were insensitive. It just shows faithful service—or maybe longer—you for a ride’’ attitude really offends the me how far we have fallen as a nation are from your last deployment in Af- hell out of me. and how comfortable we are for other ghanistan; you have been to Iraq a cou- To get that $25,000 in retirement for people to do the fighting and we see ple times, Afghanistan a couple times; the rest of your life—and I hope you these folks almost as the hired help, you had a couple buddies die; you have live to be 80, or you just name the even though we profusely praise them, missed countless birthdays and Christ- number—you had to work for it, you and we should. We welcome them home mases, and every time a strange car

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We are going to find it in a I am going to make a unanimous con- place to pay for a budget deal that does more acceptable way. And there will sent request that those nominations— not do a whole lot for the long-term in- come a day when we reform benefits, all of them; the military nominations debtedness of the country. And when but we are going to do it consistent as well as others—be held here on the we look to find money, we saw you as with the charter that the Congress has calendar and in committee and not be a source of money—not as the patriot, created. returned to the White House, thereby not as the front-line defender of free- To our military community, you requiring we repeat everything we have dom, not as the volunteer who took the need to fight. You need to show up dur- done in this previous year. We don’t burden off our backs and gave our fam- ing the holiday break, and you need to get high marks at the end of this year ilies a pass. Shame on us all. remind all of us—just not Members of for our legislative performance, and to But the way you fix it is you fix it. Congress—you need to toot your horn a throw aside all of the effort that has To my friends at the Washington Post, little bit because it is so darn hard for been put into these nominees and re- Bowles-Simpson never said as part of you to do. You should humbly ask the quire the White House to start over is their efforts to balance the budget— U.S. House and Senate to reconsider literally a waste of time and unfortu- and I embrace their process—that we this. You should humbly ask that the nate for these nominees, many of would eliminate military retiree pay you received has been earned, and whom have been waiting for a long pe- COLAs as a recommendation. They set to change the deal in midstream is riod of time for consideration and a a target goal of saving $70 billion over wrong. And you should remind us that: vote by the Senate. 10 years from a Federal workforce enti- I have lived up to my end of the bar- This is a chance, with this unani- tlement task force to be set up to look gain. I am only asking that you live up mous consent request, to get the next at civilians and the military who work to your end of the bargain. We need year off to a good start, where we can for the Federal Government, and they your voice. take what has been done with nomi- created the task force with a target So to the Senator from Virginia, who nees, use it, take those nominations goal of achieving $70 billion as a con- is presiding over the Senate, I know that are on the calendar, move for- tribution toward reforming entitle- you will be part of the solution. There ward; they will still be subject to an ments on that side of the ledger. is a sweeping movement here in the up-or-down vote. The Senate has to They gave examples of what the task Senate to try to find a way to right work its will, and that will not be com- force might look at: Use the highest 5 what I think is an injustice. Reform promised at all by the unanimous con- years of earnings to calculate civil will come with it. But it sure as hell is sent request I am making, but I am service pension benefits for new retir- not going to come this way. hoping we can get it through so that I yield the floor. Merry Christmas. ees, rather than the highest 3 years. when we return on January 6, we will That could save $5 billion. Defer cost- f have an opportunity to move with a of-living adjustments, as we are talk- UNANIMOUS CONSENT REQUEST— little more dispatch and a little more ing about here. That could save $5 bil- EXECUTIVE CALENDAR productivity in the Senate. As in executive session, I ask unani- lion. Adjust the ratio of employer-em- Mr. DURBIN. Mr. President, first I ployee contributions to Federal em- mous consent that all nominations re- wish to thank my colleagues from New ceived by the Senate during the 113th ployee pension plans to equalize con- Hampshire and South Carolina. tributions, $4 billion. These are exam- Congress, first session, remain in sta- There is at least an opportunity or a tus quo, notwithstanding the provi- ples of things to look at—not Bowles- tradition at the end of a calendar year sions of rule XXXI, paragraph 6, of the Simpson recommendations. The rec- that we take the nominations pending Standing Rules of the Senate. ommendation of Bowles-Simpson was in the Senate, both in committee and The PRESIDING OFFICER. Is there to find $70 billion from military and ci- on the calendar, and literally return objection? vilian retirement programs over 10 them to the White House. That means Mr. GRAHAM. Yes. Reserving the years through a task force. that in the beginning of the next year, right to object, to my good friend from What did the Congress do? We set up we start over. It may mean a hearing, Illinois, all I can say is that the normal a commission—rather than a task it may mean postponement, but we way the Senate has operated for a cou- force—to do exactly what Bowles- lose all we have achieved up to this ple of hundred years has been de- Simpson said to do. And to our wisdom, point. We absolutely have to start stroyed this year, and asking that nor- we told the commission, when it comes over. I would argue at this point that malcy come about now is beyond the to the military, grandfather those who we seriously consider changing that pale, but we are where we are. So I ob- are currently in the system. That made tradition, and I will make a unanimous ject. sense to me. But under the budget consent request to change it. However, I urge the Senate to act to agreement, we violated our own in- There are some 238 total nominees confirm the many military nomina- structions to the commission by get- who are at issue here. Eighty-three are tions pending for the Army, Navy, Air ting $6.3 billion from the military re- on the Executive Calendar and 155 are Force, and Coast Guard. So I object, tirement community retroactively, pending in committee—nominations with that understanding. from everybody in the system up to age sent by the White House to Capitol Hill The PRESIDING OFFICER. Objec- 62, and only them. The civilian work- which have either been lost—not lost tion is heard. force had to make a contribution only in committee but held in committee— Mr. DURBIN. Mr. President, I under- for new hires. or sent to the calendar. Of the group I stand we are at a point of great emo- If that is OK with the Washington have just mentioned, of the 238, 47 are tions and feelings, stress in the Senate Post, then I would suggest you have judicial nominations, 36 are Ambas- over the change in the rules about the lost your way down there. I hope I sadors—and I have read through the use of the filibuster in the Senate. Un- never get so smart that taking $72,000, list of countries here and they range fortunately, it appears that we are $80,000, $100,000—whatever the number from some of the smaller ones to larger going to stay in that state for at least is; the bottom line is, the minimum countries as well—and 86 are nominees a short period of time, and I am not was $72,000 out of the E–7 cost-of-living to Cabinet-level agencies. So it is a holding my colleague from South Caro- adjustment; 3 years of their retire- wide spectrum of appointments that lina accountable for that. I believe ment—I hope I never get so smart have been sent for Senate consider- what he has done is reflect the feelings about the budget that I find that to be ation to Capitol Hill. on that side of the aisle, not just his itsy-bitsy, teensy-weensy. I hope I We are embroiled in an internal de- personal feelings. However, I believe he never get so callous that I could sit on bate about the rules of the Senate con- has made a valuable suggestion.

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AMENDMENTS ACT Infantry Regiment, 7th Infantry Divi- PAYMENTS IN LIEU OF TAXES Mr. SCHATZ. Mr. President, last sion. Private First Class Mr. BAUCUS. Madam President, I night the Senate passed the Native Kaho‘ohanohano displayed extraor- come to the floor today with my friend dinary heroism near Chopra-Ri, Korea, American Memorial Amendments Act Chairman WYDEN to express support for of 2013. The bill now heads to the Presi- on September 1, 1951. Due to the en- extending natural resource programs dent for his signature. I introduced the emy’s overwhelming numbers, troops that are critical to communities across Native American Memorial Amend- were forced to execute a limited with- the country. This week the Senate ments Act in May. I have worked with drawal. As the men fell back, passed a bipartisan budget resolution. Representative MULLIN since he intro- Kaho‘ohanohano ordered his squad to In January we will return to consider duced an identical bill in the House in take up more defensible positions. He legislation to fund the government for June. provided cover fire for them. the rest of the fiscal year. This bill is needed to facilitate con- Although painfully wounded in the This past October, Congress was able struction of a long-awaited Native shoulder during the initial enemy as- to extend critical payments to forested American Veterans’ Memorial on the sault, he gathered a supply of grenades counties under the Secure Rural National Mall. This memorial has lan- and ammunition and returned to his Schools, SRS, program for 1-year in a guished for almost 20 years since the original position to face the enemy bipartisan fashion. Irrespective of the passage of the original Native Amer- alone. Kaho‘ohanohano delivered dead- appropriations bill that we may take ican Veterans’ Memorial Establish- ly, accurate fire onto the advancing up in January, we now need to do the ment Act. This legislation builds off of enemy. After going through all of his same for counties eligible for payments the great work of Senator MCCAIN, who under the Payment in Lieu of Taxes introduced the initial bill to authorize ammunition, he engaged the enemy in Program, or PILT. PILT is a perma- the Native American Veterans’ Memo- hand-to-hand combat until he paid the nently authorized program created in rial, and Senator Inouye, who as the ultimate price fighting to protect his 1976 that since 2008 has received direct Indian Affairs Committee chairman fellow soldiers. spending. It is an essential source of worked to enact the law in 1994. President Obama awarded U.S. Army funding for local governments that My bill also continues Senator Private First Class Kaho‘ohanohano cannot collect taxes from Federal land Akaka’s great legislative effort to ful- the Presidential Medal of Honor, our within their borders. fill the promise of this memorial. Na- Nation’s highest military honor, post- A long-term solution to provide sta- tive Americans, including Native Ha- humously. Private First Class ble direct funding for PILT and other waiians, Alaska Natives, and American Kaho‘ohanohano, the thousands of Na- natural resource programs that but- Indians, serve and have always served tive Hawaiians, and Native Americans tress rural economies, like SRS and at a higher rate in the Armed Forces who have served our country with such the Land and Water Conservation than any other group of Americans per honor deserve a memorial on the Na- Fund, is our common goal. In the capita. tional Mall. In every conflict since the Revolu- meantime, we remain committed to ex- tionary War, Native Americans have My Native American Memorial tending direct spending on PILT and answered the call to serve and defend Amendments Act that passed last look forward to finding an opportunity our country. I introduced my bill so night will allow for a privately funded to do so in the first half of 2014. Does our Nation can recognize Native Amer- memorial to be located on grounds the distinguished senator from Oregon icans’ service and patriotism with a fit- under the jurisdiction of the National wish to express himself on these ting memorial. A memorial to Native Museum of the American Indian. The points? veterans will make sure future genera- museum will have the much needed Mr. WYDEN. Madam President, I tions learn about the sacrifices Native flexibility to raise funds and take on a wish to associate myself with the com- Americans have made in service to our more active role in planning and con- ment of my friend from Montana and Nation. struction. affirm that I too share the commit- It will commemorate their excep- The Native American Memorial ments he described. These payments tional commitment to the principles of Amendments Act of 2013 was endorsed extend a vital lifeline to counties freedom and democracy. Last month, by the National Congress of the Amer- across America, many of which are Congress awarded its highest honor, ican Indians, Alaska Federation of Na- perched on the edge of financial dis- the Congressional Gold Medal, to the tives, the Council for Native Hawaiian aster. Securing that funding has been a American Indians we know as code Advancement, the largest three Native top priority for me this Congress. I am talkers. These brave men played a crit- American membership organizations in pleased that Congress found a way to ical, and for too long unacknowledged, the country. The National Museum of continue its commitment to the Secure role in both World Wars. The celebra- the American Indian and the National Rural Schools Program thanks to the tion of our legendary code talkers in Park Service are in agreement as well. helium bill that I worked on with col- Emancipation Hall at the U.S. Capitol leagues in the Senate Energy and Nat- I wish to thank the strong support of was a historic and proud moment. ural Resources Committee. There is But it is regrettable that most of the the bipartisan cosponsors of this bill: still work to do for the 1,850 PILT-eli- ARRASSO, BEGICH, HEITKAMP, 216 honored did not live to see their he- Senators B gible counties, and I look forward to INHOFE, MURKOWSKI, TESTER, THUNE, roic contributions acknowledged. Con- working with the majority leader and and WYDEN. I also wish to thank espe- gress was decades late in recognizing Chairman BAUCUS—who are both long- cially chairwoman MARIA CANTWELL the Native American code talker’s time champions of PILT—and other for her work to ensure the passage of work when we needed them most. We supportive colleagues to find a short- this bill. It is long past time for our cannot make that mistake again. I be- term extension and also a long-term Nation to honor the uncommon con- lieve now is the perfect time to move solution for these communities. tributions of Native Hawaiians, Native forward on a lasting tribute to all Na- Alaskans and American Indians and f tive veterans, including the extraor- other Native veterans. These brave dinary contribution of Native Hawai- FARM BILL CONFERENCE men and women have served during ians. Mr. LEAHY. Madam President, while My home State of Hawaii is second to war and peace to preserve our freedoms the days are limited before the end of none when it comes to patriotism, pub- in remarkable high numbers. The valor 2013, the Farm Bill Conference Com- lic service, and personal sacrifice. The of our Native American veterans, their mittee presses on, working together in heroic deeds of Anthony T. dedication to duty and remarkable a bipartisan fashion to resolve dif- Kaho‘ohanohano from Wailuku, Maui, record of military service must forever ferences and to take the steps nec- prove just how true this is. He joined be remembered. This memorial will do essary to enact a comprehensive and the Army to fight in combat in the Ko- just that. balanced farm bill. Under the leader- rean war. I yield the floor. ship of Chairwoman STABENOW and

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I regret ciary Committee’s ability to meet to farmers in Vermont and across the that far too many hungry and food in- report these nominees to the full Sen- country are desperate to have a new secure families across America have to ate are being returned to the Presi- farm bill enacted to give them the wonder whether this most basic assist- dent. Another 31 judicial nominees much-needed certainty for their plant- ance will still be in place to offer sup- pending in the Senate Judiciary Com- ing and other farm decisions. Since the port in the new year. I have always mittee will also be returned to the 2008 farm bill expired last year, we been a strong proponent of nutrition President. Each of these nominations have seen parts of the country ravaged assistance programs and the doors they represents a significant amount of by blizzards that wiped out cattle herds open and will continue to oppose dras- work by the nominees themselves, the while commodity prices slump. More tic and draconian cuts and damaging White House, the Department of Jus- than 20 programs, including the Or- changes to these programs. tice, and Senate staff on both sides of ganic Certification Cost Share Pro- I look forward to returning in Janu- the aisle. The only judicial nomination gram, the Beginning Farmer and ary and sitting down with the Con- not being returned to the President is Rancher Development Grant Program, ference Committee to work through Robert Wilkins’ nomination to the U.S. livestock disaster, renewable energy the final details of this bill. We cannot Court of Appeals for the DC Circuit be- programs, and assistance for rural delay any longer, and I am pleased that cause the procedural posture of his small business owners have been Chairwoman STABENOW and Chairman nomination enables the Senate to hold stranded without updated charters, and LUCAS have come together in a bipar- his nomination over until next year. I the USDA has had to press the pause tisan way to move the farm bill for- am pleased that Judge Wilkins’ nomi- button since these programs are stuck ward. As a past chairman of the Senate nation will not be returned, which al- with no authorized funding. Those who Agriculture Committee, and a seven- lows for quick action next year, but participate in these programs are left time farm bill conferee, I know the there is no good reason to return any of hanging. That is as unwise as it is un- challenges they have faced. I look for- the other 55 judicial nominations pend- fair. ward to helping with the final steps in ing in the Senate. Last week the House of Representa- conferencing this legislation—a bill Senate Republicans’ persistent ob- tives quickly took up and passed a that touches every American. Its pas- struction over the last 5 years has led short-term extension of the farm bill sage will strengthen the Nation and to record-high vacancies in Federal with very little debate and has asked grow our economy. courts throughout the country. At the the Senate to do the same. I have heard The Farm Bill has long stood as a end of 2009, Senate Republicans left 10 a lot of concern here in the Senate that model of bipartisan consensus. I look nominations on the Executive Calendar this short, 1-month extension could forward to the Senate and House reach- without a vote. Two of those nomina- allow direct payment subsidies to con- ing a final bipartisan agreement that tions were returned to the President, tinue for another full year. We have al- will move the bill forward to the Presi- and it subsequently took 9 months for ready agreed on a bipartisan and bi- dent’s desk. the Senate to take action on the other cameral basis to get rid of these unnec- f eight. This resulted in the lowest 1- essary and expensive direct payment year confirmation total in at least 35 subsidies to agribusiness, so we should JUDICIAL NOMINATIONS IN 2013 years. At the end of 2010 and again in not fall into this trap of extending Mr. LEAHY. Madam President, Re- 2011, Senate Republicans left 19 nomi- them for a full year. That would be un- publicans are once again—for the fifth nations on the Senate Executive Cal- acceptable, and, according to Secretary year in a row—rejecting the long- endar. It then took nearly half the fol- Vilsack, unnecessary. standing Senate practice of scheduling lowing years for the Senate to confirm Secretary Vilsack has indicated that confirmation votes on consensus nomi- these nominees. Last year they blocked if Congress completes the farm bill in nees before the end of the session. 11 judicial nominees from votes and re- early January, which can be done based Rather than working in a bipartisan fused to expedite consideration of oth- on progress we have already made, we fashion to confirm consensus nominees ers who had already had hearings. And will not see the negative effects of the to fill judgeships as we wind down for this year, they have escalated their ob- expiration of the dairy title, and imple- the year, Senate Republicans have de- struction and delay of judicial nomina- mentation of the law should go liberately refused to agree to vote on tions by indiscriminately requiring smoothly. This is a reassuring, positive consensus nominees who could and that nominees be sent back to the signal from the Secretary that con- should be confirmed without delay. The President at the end of this first ses- sumers and our dairy farmers will not result is that we will spend a signifi- sion of the 113th Congress, the effect of see the spikes in the cost of milk that cant portion of the next year on the which is to needlessly cause delay in we had all feared last New Year’s Eve. Senate floor doing work that should the Senate’s ability to process these Of course, if the House of Representa- have been completed this year. And nominations and prevent more judges tives really wanted to get a farm bill now the Republican abuse of Senate from getting to work for the American done sooner, they would have kept the rules has further escalated—Repub- people. House in session this week instead of licans have, for the first time ever, re- Senate Republicans will argue that recessing for the year. Instead, they fused to allow any currently pending the change in Senate precedent a few pushed forward a counterproductive judicial nominees to be held over so weeks ago on nominations is the cause short-term extension to make it seem that they could be ready for immediate of their refusal to cooperate, but his- that they are doing something for action next year. For purely political tory shows that this is simply not true. farmers. This comes after the House reasons, Senate Republicans are forc- The truth is, from the first day Presi- leadership spent much of the past 2 ing us to duplicate work next year that dent Obama took office, Senate Repub- years dragging their feet on farm pol- we have already completed in 2013. It is licans pursued a path of delay and ob- icy and reforms, while the Senate has a waste of taxpayer dollars and valu- struction on judicial nominees that de- now passed two overwhelmingly bipar- able resources that could be spent ad- parted dramatically from Senate tradi- tisan and reform-oriented farm bills. dressing the difficult issues facing our tion. That it took 5 years into this While we had first hoped to complete Nation. Presidency for the rules to change has this work in 2012, the farm bill was As it stands, nine judicial nomina- been the result of certain Senators, in- pushed back to 2013, and it will soon tions pending on the Senate Executive cluding me, who have been reluctant to become the 2014 farm bill. Over the last Calendar—all reported by the Judiciary change prior Senate practice. But once 2 years, the need for this comprehen- Committee unanimously or with sig- the government stops functioning, the sive legislation has only grown. We nificant bipartisan support—are being right course of action is to do what

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They are they voted to confirm four judges to confirmation of judicial nominees, we tired of Congress wasting time and re- the DC Circuit, providing the court were able to continue to move forward sources when there is so much to be with 11 active judges. In light of this on these and other nominees this year. done. They want their representatives double standard, I finally agreed that I have heard, however, some suggestion to work, vote, and fulfill their con- past precedent had to be revisited be- that Republicans will now seek to stitutional obligations. They want cause a faction of the minority party delay judicial nominations by exploit- their representatives to fulfill their should not be permitted to nullify an ing a Senate tradition known as the duty of advice and consent so that our election by blocking the President’s ‘‘blue slip.’’ The Constitution requires courts have the necessary judges to nominees without regard to their that judicial appointments be made provide speedy, quality justice. qualifications. ‘‘with the Advice and Consent of the The reality, unfortunately, falls I am pleased to say that in the last Senate.’’ For nearly 100 years, chair- short of the American peoples’ expecta- few weeks, after taking action, we were men of the Senate Judiciary Com- tion. During 2013, the same obstruction finally able to confirm Patricia Millett mittee have sought to give meaning to that has plagued the Senate during the and Nina Pillard—two highly qualified this constitutional edict by a blue slip first term of the Obama administration attorneys—to the 9th and 10th seats on policy to ensure that Senators are continued to delay the rate of con- the DC Circuit. With the confirmation given an opportunity to advise the firmations to appointments on the Fed- of these two women, there will now be President about potential judicial eral bench. The 113th Congress began five women and five men actively serv- nominees before they are nominated to with a high level of vacancies on the ing as judges on the DC Circuit—this is fill lifetime positions in their home Federal Judiciary. As of January 2013, a historic first for any Federal appel- State. A blue slip is a piece of paper there were 77 vacancies in the Federal late court. I am, however, disappointed sent by the chairman to home State judiciary, and, of these, the Adminis- that Senate Republicans refused to Senators asking that it be signed and trative Office of the U.S. Courts deter- allow us to take a vote on Judge Rob- returned with an indication of whether mined 27 of them to be ‘‘judicial emer- ert Wilkins, another well qualified they approve of or oppose the judicial gencies.’’ Over the course of 2013, the nominee whose confirmation would en- nomination made by the President. number of vacancies has hovered able the DC Circuit to function at full Over the years, other chairmen have around 90. Right now, at the end of the strength, with 11 judges. I am hopeful taken a more flexible view of the blue fifth year of the Obama administra- that we will have a vote on his nomina- slips, but during my chairmanship of tion, there are a total of 88 judicial va- tion early next year. the Senate Judiciary Committee, I cancies, 36 of which are judicial emer- Other historic firsts for women serv- have protected the rights of Senators— gency vacancies. In stark contrast, at ing on our Federal judiciary also oc- whether Republican or Democrat—to the end of the fifth year of the Bush ad- curred this year. In April, Jane Kelly be meaningfully consulted. Honoring ministration, there were less than 50 became the first woman from Iowa to the blue slip policy allows judicial judicial vacancies, and only 16 of those sit on the U.S. Court of Appeals for the nominations to move forward in com- were judicial emergency vacancies. Eight Circuit, and, in May, Shelly Dick mittee only after receiving positive As the year closes, judicial vacancies was confirmed as the first woman to blue slips from home State Senators. remain at crisis levels. However, de- serve on the U.S. District Court for the Another improvement I made when I spite these high levels, Republican ob- Middle District of Louisiana. Late last first became chairman of the Senate structionism continues to impose se- week, after the majority leader was Judiciary Committee in 2001 was to vere delays on the confirmations proc- forced to file cloture over Republican make home State Senators more ac- ess, particularly in those States that opposition to moving forward on dis- countable for their blue slip decisions faced significant obstruction from Re- trict court nominees, three more nomi- by making the process transparent for publican home State Senators, such as nees were confirmed to serve as the the first time. I will continue to honor Arizona and Texas. first women on their respective courts: the blue slip policy as it currently A year after the American people Elizabeth Wolford, to be U.S. district stands, but I hope that Republicans voted to reelect President Obama, Sen- judge for the Western District of New will not abuse this tradition and force ate Republicans decided to escalate York; Landya McCafferty, to be U.S. me to reconsider. their obstruction to an unimaginable district judge for the District of New As we approach the new year, I hope level this year, preventing the Presi- Hampshire; and Susan Watters to be that reasonable Republicans will join dent from filling any of the three va- U.S. district judge for the District of us in restoring the Senate’s ability to cancies on what is often considered the Montana. fulfill its constitutional duties and do second most important court in the After an extraordinarily long delay its work for the American people. Nation—the U.S. Court of Appeals for of nearly 22 months since his nomina- f the DC Circuit. Senate Republicans tion, we were also finally able to con- chose to filibuster all three nominees firm Brian Davis to fill a judicial emer- NATIONAL DEFENSE to that court without even considering gency vacancy on the U.S. District AUTHORIZATION ACT their qualifications. This type of Court for the Middle District of Flor- Mr. NELSON. Madam President, the wholesale obstruction was simply un- ida. I am disappointed that it required Fiscal Year 2014 National Defense Au- acceptable. overcoming a Republican filibuster on thorization Act makes essential im- Republicans attempted to justify his nomination. He is a superb nomi- provements for the well-being of the their opposition to filling any of the nee. The ABA Standing Committee on men and women serving in our armed three vacancies on the DC Circuit by the Federal Judiciary has unanimously services. It also seeks to ease the tran- arguing that the court’s caseload did rated him to be ‘‘well qualified’’ to sition from active duty to veteran sta- not warrant the appointments. We all serve on the Federal bench. For the tus for servicemembers by calling on knew that this was a transparent at- past 20 years he has served as a State the Department of Defense and the De- tempt to prevent a Democratic Presi- court judge, where he has presided over partment of Veterans’ Affairs to fix the dent from appointing judges to this 600 cases in both civil and criminal lack of communication between their court. In 2003, the Senate unanimously matters that have gone to verdict or electronic health records. This provi- confirmed John Roberts by voice vote judgment. Prior to becoming a State sion and countless others are why I was to be the ninth judge on the DC Cir- court judge, he served for a total of 9 pleased to see this legislation pass last cuit—at a time when its caseload was years as a state prosecutor, including 3 night with overwhelming bipartisan lower than it is today. In fact, his con- years as chief assistant State attorney. support. Unfortunately I was unable to firmation marked the lowest caseload Judge Davis also has experience in pri- record my vote but had I been in the

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I am grateful for is always appropriate to forward the bill and fulfill our commitments to the the collegiality he has shown over the case for hearing if jurisdiction exists men and women serving our country. past year, and I look forward to start- for whistleblower retaliation alleged in Mr. WARNER. Madam President, I ing our work together again in the the servicemember’s complaint. It is would like to call attention to a provi- next session. only inappropriate if another provision sion within the National Defense Au- I would also like to recognize the of law provides the relevant rights, thorization Act for Fiscal Year 2014. staff of the subcommittee for their tre- procedures and remedies to resolve the I would like to thank Chairman mendous support and dedication. For complaint, such as when the alleged LEVIN, Ranking Member INHOFE, Chair- Senator SESSIONS and his sub- misconduct is sexual harassment per se man MCKEON, and Ranking Member committee staff, I want to thank Dr. as opposed to whistleblower retaliation SMITH, for including in this year’s Na- Robert Soofer, who advises on nuclear for disclosing sexual harassment. tional Defense Authorization Act my and missile defense matters, and Dan- f amendment, with Senators COLLINS, iel Lerner, who advises on space, intel- KAINE, and GRASSLEY, to expand whis- ligence and cyber security. I also want BANGLADESH ELECTIONS tleblower and enhance protections for to thank both Pete Landrum, Senator Mr. DURBIN. Madam President, last servicemembers who alert authorities SESSIONS’ senior defense policy adviser week Senators ENZI, MURPHY and I in- to misconduct that includes sexual as- and Casey Howard, my military legisla- troduced a resolution on the political saults and other sexual misconduct. I tive assistant. On my subcommittee tensions in Bangladesh as that country would like to thank my colleagues, staff, Jonathan Epstein, deserves great prepares for a national election on Jan- Senators COLLINS, KAINE and GRASS- credit for his work on nuclear weapons, uary 5. LEY, for their partnership in winning space, and a host of other issues. Rich- Since then, Senators BOXER, BOOZ- this breakthrough in newly-strength- ard Fieldhouse, who advises on missile MAN, SHAHEEN, KAINE, BLUNT, and ened free speech rights for our troops defense, and Kirk McConnell, who as- MENENDEZ have also cosponsored and when they defend accountability in the sists me on cyber and intelligence, also yesterday the Senate Foreign Rela- military services. It is important to be tions Committee voted unanimously in clear about a cornerstone of our have my thanks and respect. Finally, special thanks to Lauren Gillis, the support of the measure. amendment, which is the guaranteed The resolution calls for peaceful po- right to an administrative due process subcommittee’s staff assistant, for her countless hours of preparation for our litical dialogue between the country’s hearing in all whistleblower retaliation various political factions in the hopes hearings, working with witnesses, and cases. New subsection f(3)(B) provides that the election will go forward in a that if the Secretary does not make a organizing our subcommittee markup. In closing, I would like to highlight credible and peaceful manner. finding of illegal retaliation and order With so much else going on in the one provision of the 2014 NDAA, section corrective action, the case shall be for- world from Ukraine to Iran, one might 3112, which establishes an Office of Cost warded to the appropriate Board for wonder why focus on elections in Ban- Analysis and Program Evaluation in Corrections of Military Records to re- gladesh? ceive a mandatory administrative due the National Nuclear Security Admin- My interest is in part due to the role process hearing, ‘‘when appropriate.’’ istration, NNSA. I want to be clear of Nobel Prize, Presidential Medal of There should not be any confusion. It that the establishment of this new of- Freedom, and Congressional Gold is always appropriate to forward the fice was not meant to in any way alter Medal winner Professor Mohammad case for hearing if jurisdiction exists the responsibilities and oversight of Yunus, whom many may know from his for whistleblower retaliation alleged in the Naval Reactors Program—a divi- pioneering work to help the world’s the servicemember’s complaint. It is sion of the NNSA that has a long track poor through microfinance programs. only inappropriate if another provision record of producing high quality Professor Yunus has done so much to of law provides the relevant rights, projects on time and within budget. help the poor of Bangladesh and the procedures and remedies to resolve the The Naval Reactors Program has tradi- world, particularly poor women, that complaint, such as when the alleged tionally been semi-independent within former Senator Bob Bennett and I, as misconduct is sexual harassment per se the NNSA, being dual hatted with fleet well as Congressman RUSH HOLT, led an as opposed to whistleblower retaliation activities of the Navy, whose overall effort several years ago to award him for disclosing sexual harassment. responsibilities are found and carried the Congressional Gold Medal. That Mr. UDALL of Colorado. Madam out under Executive Order No. 12344. bill passed both chambers of Congress President, I rise today to welcome the While section 3112 speaks to the NNSA in 2010, and earlier this year we gave final passage of the 2014 National De- as a whole, it was not our intent to in- him this award in the Capitol Rotunda. fense Authorization Act—frequently clude the Naval Reactors Program It was a deeply moving event. referred to as the NDAA. I would like under the purview of the new Office of Sadly—and almost inexplicably—dur- to thank Armed Services Committee Cost Analysis and Program Evaluation. ing the same period that Bangladesh Chairman LEVIN and Ranking Member During the next session, I will work was in such an international spotlight, INHOFE, as well as Chairman MCKEON with my colleagues in both the House its government pursued a mean-spir- and Ranking Member SMITH in the and the Senate to correct this provi- ited and bewildering effort to under- House of Representatives, for their sion and reflect that intent. mine the Grameen Bank’s independ- tireless and collaborative efforts in se- Mr. GRASSLEY. Madam President, ence and remove Professor Yunus from curing this critical piece of legislation. it is a great pleasure to thank my col- his leadership role. Although the NDAA did not go through leagues, Senators WARNER, COLLINS, I and others wrote repeatedly to the optimal amendment process, its and KAINE, for their partnership in win- Bangladeshi Prime Minister Sheikh passage today extends the necessary ning this breakthrough in newly- Hasina urging her to not take such de- authorities to implement our national strengthened whistleblower protections structive and counterproductive meas- security strategy and support and pro- for our troops. It is important to be ures. tect Colorado’s military community. clear about a cornerstone of our Last year, Senator BOXER led a letter As we head into the second session of amendment, which is the guaranteed with all 17 women of the Senate to the 113th Congress, I hope that we will right to an administrative due process Hasina that called on the Bangladeshi remain mindful of the importance of a hearing in all whistleblower retaliation government to stop interfering in the full and robust debate and ensure that cases. New subsection f(3)(B) provides management of Grameen Bank. the 2015 NDAA is open to amendments that if the Secretary does not make a Those Senators pointed out that its on the floor of the Senate. finding of illegal retaliation and order 8.3 million borrowers are mostly

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We cannot let PEPFAR become through its important programs. country’s political deadlock that dis- another well-intentioned but unfruitful I am sorry to report that the Govern- tracts from so many other pressing and nebulous international develop- ment of Bangladesh ignored all such problems; and it urges the Government ment program. calls and just last month essentially of Bangladesh to ensure judicial inde- This statutory treatment floor has imposed state control over the bank. pendence, end harassment of human changed somewhat over the last dec- Yunus responded by saying, rights activists, and restore the inde- ade, but the purpose has remained the ‘‘Grameen Bank was created as a bank pendence of the Grameen Bank. same throughout: to focus more than owned by poor women, and managed by The United States relationship with half of PEPFAR’s total appropriations poor women. Its legal structure did not Bangladesh is strong and includes con- on essential treatment and medical allow any government interference of siderable trade and cooperation on care. Unfortunately, as I will discuss in any kind, except for regulatory over- such issues as counterterrorism, a moment, the Office of the U.S. Global sight.’’ The government-imposed counter-piracy, food security, and re- Coordinator, OGAC, at the Department changes, ‘‘fundamentally changing the gional stability. of State has not been following this character of the bank. With these Peaceful democratic elections and law. Rather, it has excluded a signifi- amendments, the government has greater respect for the Grameen Bank cant portion of its appropriations from opened the door for its ultimate de- will only further those ties. the calculation and is now spending struction. What a shame for the na- I urge the full Senate to pass this less than is statutorily required on tion, and the whole world!’’ resolution before we adjourn. treatment and care. So understandably this Senate reso- f The original PEPFAR authorization lution calls on the government of Ban- in 2003, P.L. 108–25, first included a PEPFAR gladesh to restore the independence of treatment spending floor that said, the Grameen Bank. Mr. COBURN. Madam President, ‘‘Not less than 55 percent of the There is more at stake in Bangladesh PEPFAR has been and remains one of amounts appropriated pursuant to the that should be of concern to the United the most successful foreign policy authorization of appropriations . . . States and the world. achievements of the United States in shall be expended for therapeutic med- You see, Bangladesh is a relatively the 21st century. This unprecedented ical care of individuals infected with stable, moderate, Muslim democracy humanitarian effort has touched mil- HIV, of which such amount at least 75 with the world’s seventh largest popu- lions, either through providing life- percent should be expended for the pur- lation and the world’s fourth largest saving HIV/AIDS treatment, keeping chase and distribution of antiretroviral Muslim population. together families impacted by the dis- pharmaceuticals and at least 25 percent And despite many difficult years ease, caring for orphans, or improving should be for related care.’’ since its independence from Pakistan the lives of others affected and infected Similarly, the full reauthorization of in 1971, it has often stood out as an ex- by this horrible disease as well as tu- PEPFAR in 2008, P.L. 110–293, included ample of a moderate and diverse Mus- berculosis and malaria. In an era of a treatment requirement that said, lim democracy—one that deserves the war abroad and deep political divisions ‘‘More than half of the amounts appro- world’s attention and support. at home, this program is one that has priated for bilateral global HIV/AIDS Yet, tragically, as Bangladesh nears bipartisan support here and has gen- assistance . . . shall be expended for another national election, it has expe- erated good will toward the United . . . (1) antiretroviral treatment for rienced considerable political unrest States abroad. Every American should HIV/AIDS; (2) clinical monitoring of with hundreds perishing in violent be proud of the success of this initia- HIV-seropositive people not in need of clashes. tive as it represents what is great antiretroviral treatment; (3) care for The country’s opposition coalition about our Nation and has restored hope associated opportunistic infections; (4) has called for numerous nationwide for so many. nutrition and food support for people strikes and transportation blockades, The Senate Foreign Relations Com- living with HIV/AIDS; and (5) other es- resulting in further violence, insta- mittee worked hard to get S. 1545, the sential HIV/AIDS-related medical care bility, and the disruption of students’ PEPFAR Stewardship and Oversight for people living with HIV/AIDS.’’ abilities to attend school. Act, through this Chamber. I thank This version expanded somewhat on Last week United Nations Assistant Chairman MENENDEZ and Ranking the original category of ‘‘therapeutic Secretary General Oscar Fernandez Member CORKER for their cooperation medical care,’’ but Congress main- Taranco visited Bangladesh to try and and attentiveness in the process. This tained a minimum percentage of appro- foster political dialogue between Ban- bill, which became law on December 2, priations intended for direct care and gladesh’s political parties and leaders is a positive step toward increasing treatment services. to bring a halt to the violence and program transparency and account- Lastly, the recent PEPFAR legisla- allow for a credible and peaceful elec- ability in PEPFAR’s annual report. It tion, S.1545, now P.L. 113–56, reiterates tion period. also renews and strengthens several and even clarifies the treatment re- His efforts are to be supported, and components of the last reauthoriza- quirement further. This new law says this resolution reaffirms his call for tion, including Global Fund governance more than half of the funds appro- peaceful political dialogue. provisions and the requirement that priated for activities under section The squabbles between Bangladesh’s more than 50 percent of PEPFAR’s ap- 104A of the Foreign Assistance Act— political parties distract from the real propriations to be spent on treatment which contains all of PEPFAR’s func- progress that has been made—and and essential medical care. tions ranging from drug treatment to should continue to be made—in alle- This latter component, the treat- training health professionals and ca- viating the country’s widespread pov- ment spending requirement, is one of pacity building—need to be going to erty. the key accountability provisions my these five categories of essential med- For example, between 2005 and 2010 colleagues and I fought for in the past. ical treatment and care. Bangladesh reduced its poverty rate In short, PEPFAR is required to spend None of these definitions from laws from 40 to 31 percent of the population. at least 50 percent of its appropriations in 2003, 2008, or 2013 has allowed for an This is where the country’s political on essential medical treatment and exclusion of certain components of leadership should continue to focus, care. Members on both sides of the PEPFAR’s funding from the treatment not on perpetuating personal animos- aisle voted for authorizations with this calculation. No appropriations bill has ity between the two main political par- treatment floor. Congress sought to implemented an exception to the cal- ties. prevent the program from straying culation. The charge and requirement So our resolution states the obvious: from its core mission of treating and has always been to examine total It condemns the political violence, caring for patients. If PEPFAR were to PEPFAR appropriations in a given It urges the country’s political lead- lose sight of this goal, the result would year and ensure at least half goes to ers to engage directly in a dialogue to- not just be a waste of money, it would services in these five categories.

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE December 20, 2013 CONGRESSIONAL RECORD — SENATE S9095 As I said previously, PEPFAR man- Not only so, but the classes were poor- cluded an extension of this authority agement has not been abiding by the ly designed. The instructor only used in the 2013 bill because it is important letter of the law. The Office of the U.S. materials not available in Morocco, to ensure the program remains focused Global AIDS Coordinator at the De- and the class’s translator was not flu- on treating and caring for patients. partment of State has been excluding ent in English. Ultimately, the devel- The plain language of the provision re- several spending categories from the opment program failed. quires the ‘‘more than half’’ calcula- treatment and care calculation. A To prevent mission creep and failure, tion to be made on all ‘‘amounts appro- smaller denominator makes it easier Congress put a treatment and care re- priated or otherwise made available to for the program to meet the treatment quirement in law to ensure more than carry out the provisions of section 104A calculation. In reality, hundreds of half of go to direct treatment and care of the Foreign Assistance Act of 1961.’’ millions of dollars more should be services, which have a clear and meas- We expect this requirement to be fol- going to treatment and care if the law urable impact on the lives of those liv- lowed going forward. were followed. Millions more patients ing with this HIV/AIDS. I look forward to working with Sen- could be receiving lifesaving I call on PEPFAR to follow the letter ator COBURN and the Office of the Glob- antiretroviral treatment. of the law when it comes to spending al AIDS Coordinator to ensure that the A Government Accountability Office on treatment and care. All PEPFAR provision as intended by Congress is report released in March 2013 high- appropriations should be entered into properly carried out. lighted how OGAC has been excluding a the denominator of this equation. No Mr. CORKER. Mr. President, the significant portion of PEPFAR appro- funding will be lost from doing so. Globe Fund to Fight AIDS, Tuber- priations, categorized as ‘‘Other’’ ac- Rather, hundreds of millions of addi- culosis and Malaria has recently made tivities, from this calculation. In fiscal tional dollars will be going to essential significant improvements and reforms, year 2008, this ‘‘Other’’ category ac- treatment and care. Millions of new pa- including building new data collection counted for about 15 percent of tients could start receiving new life. and reporting mechanisms. S. 1545, the PEPFAR country budgets, or $574 mil- I will continue to monitor whether PEPFAR Stewardship and Oversight lion. By fiscal year 2012, the category PEPFAR is following this definition in Act, takes advantage of these reforms increased to 21 percent of PEPFAR the future. Given that 26 million people and provides for additional public re- country budgets, or $710 million. Over worldwide need antiretroviral treat- porting from the Global Fund on im- the same timeframe, total spending on ment, we cannot afford to let PEPFAR port duties and taxes on Global Fund treatment and care decreased from $1.8 get off track. services and commodities under sec- billion to $1.4 billion. Mr. CORKER. Mr. President, first, I tion 4(b)(1)(F). This reporting is in- This ‘‘Other’’ category includes want to say I appreciate Senator tended to identify discriminatory du- spending for health systems strength- COBURN’s work on the PEPFAR Pro- ties and taxes levied upon the Global ening, strategic information, manage- gram. He has been a tireless advocate Fund, and therefore should not be con- ment and operations, and laboratory and has made this program better, strued to require the reporting of de strengthening. OGAC told GAO it had more efficient, and more focused. minimus administrative charges or excluded the ‘‘Other’’ category based PEPFAR has saved millions of lives nondiscriminatory fees. In addition, in on OGAC’s interpretation of the intent since President Bush signed it into law order to allow the Global Fund time to of the treatment spending requirement. in 2003. I was pleased to work with develop the data collection systems re- They have also not included any of Chairman MENENDEZ and our col- quired to implement this reporting, it OGAC’s administrative costs. leagues in the House on legislation, the is our intention that these require- As one directly involved with PEPFAR Stewardship and Oversight ments become fully effective as soon as PEPFAR throughout my time in the Act, which continues its important is practicable, but no later than the Senate, I can say firmly the treatment work, and I truly appreciate the sup- end of the 2015 fiscal year. In the mean- spending requirement was intended for port Senator COBURN offered to this time, the Global Fund’s efforts to meet all of PEPFAR’s appropriations, not critical effort. PEPFAR is the single the requirements of section 4(b)(1)(F) just a portion. most successful program to date to ad- with additional reporting on these PEPFAR’s operational plan for fiscal dress the HIV/AIDS epidemic in Africa matters should be sufficient to meet year 2011 shows that PEPFAR received and the largest commitment by any the requirements in our legislation. about $5.0 billion for all bilateral ac- nation to combat a single disease inter- Mr. MENENDEZ. Mr. President, I tivities, including headquarters admin- nationally. In fact, due to PEPFAR, al- thank the ranking member for his com- istrative costs. To be meeting the most 6 million people are receiving ments and work on this legislation. treatment spending requirement as life-sustaining antiretroviral treat- The reforms being made by the Global written, PEPFAR should have planned ment, millions have avoided infection, Fund are important and we both share to spend about $2.5 billion on treat- and more than 11 million pregnant the view that the reporting require- ment and care. Instead, it spent $1.6 women received HIV testing and coun- ments for the Global Fund on import billion. That figure about $900 million seling last year. PEPFAR has also pro- duties and taxes ought to be under- short of what should be going to direct vided care and support to nearly 15 mil- stood to provide flexibility until the treatment and care services that fit lion people, including more than 4.5 end of the 2015 fiscal year. the categories already in law. million orphans and vulnerable chil- f I understand the need for PEPFAR to dren. This is significant progress, but invest in some capacity building and there is still work to do. The PEPFAR NATIONAL PEDIATRIC RESEARCH other ancillary development. A nation Stewardship and Oversight Act renews NETWORK ACT needs labs to check HIV test results, Congress’s commitment to this vital Mr. BROWN. Madam President, I for example. Labs and clinics need program and ensures this work will wish to praise the passage of the Na- health professionals, and a host gov- continue our progress towards an tional Pediatric Research Network ernment needs to be able to track the AIDS-free generation. Act, signed into law by President program results. However, we have As my colleague Senator COBURN has Obama on November 27, 2013. I was seen time and again how development stated, a provision in the PEPFAR proud to introduce this bipartisan leg- programs get off track, lose focus, and Stewardship and Oversight Act extends islation along with my colleague and fail to meet their goals. They spend authority from the Tom Lantos and friend Senator WICKER. money on activities that are noble but Henry J. Hyde U.S. Global Leadership I am a longtime supporter of ex- ineffective. For example, in 2012, the Against HIV/AIDS, Tuberculosis, and panded pediatric medical research and, U.S. Agency for International Develop- Malaria Reauthorization Act of 2008 as a member of the House and later of ment used millions of dollars to fund that requires ‘‘more than half of the the Senate, have fought to increase an economic development program in amounts appropriated for bilateral funding to carry out these essential ef- Morocco that included pottery classes, global HIV/AIDS assistance’’ be spent forts. This bipartisan bill promises to even though Moroccans have been on programs that provide treatment build on the important body of work in making pottery for thousands of years. and care to HIV/AIDS patients. We in- pediatric research that the National

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S9096 CONGRESSIONAL RECORD — SENATE December 20, 2013 Institutes of Health, NIH, already sup- from bench to bedside, allowing young sable member of my Washington, DC, ports. people with medical concerns to lead staff and was an exceptional member of This law authorizes the NIH to estab- healthier and fuller lives. staffs of mine going back to 2004. lish a number of multi-institution con- f Nichole is affectionately known as sortia conducting high-impact research ‘‘H’’ in our office, initially because of into the most challenging pediatric TRIBUTE TO JACK HANNA the ‘‘h’’ in her first name and later for issues of our day. These research net- Mr. PORTMAN. Madam President, reasons best not shared on the Senate works will allow for the participation today I wish to honor ‘‘Jungle’’ Jack floor but related to her tenacity and di- of multiple institutions through the Hanna for his 35 years of service to the rect nature. Nichole was the absolute use of a ‘‘hub and spoke’’ arrangement, Columbus Zoo and Aquarium. Jack is a rock and foundation of our legislative with one or more central pediatric world-renowned conservationist, au- staff during her tenure. medical centers collaborating with thor, television personality, lifelong She was, in fact, the first legislative other supporting sites. adventurer, and champion of the Co- aide that I hired. It did not matter—al- Network applicants can focus on any lumbus Zoo. though was a shock to some—that she type of pediatric research agenda, from In 1978, Jack Hanna joined a small had no previous experience in DC. I basic laboratory research through later zoo in Columbus, Ohio as the executive knew she would dive right into her re- stage translational research and clin- director. The challenges he faced as di- sponsibilities with attention to detail ical investigations on a variety of pedi- rector were staggering. The zoo was and skill. In fact, within 2 years on the atric disorders and diseases. outdated, the animals had little con- staff, she assumed responsibility for Importantly, the act will bridge the tact with the outside world, and the at- my government reform portfolio, which research gap between pediatric and tendance was low. Jack worked to in- encompassed the issues that I focused adult conditions. Only 5 to 10 percent crease attendance by offering edu- on most intently during my first 6 of the NIH’s annual research budget is cational and entertainment programs years in the Senate. During that time devoted to pediatric research, despite at the zoo. Under his leadership, the we promoted her four times and contin- ually increased her responsibility. In children comprising approximately 20 Columbus Zoo and Aquarium became each case, she performed beyond even percent of the U.S. population. the world-class facility it is today. The Additionally, this act promises to Columbus Zoo is a state-of-the-art park my highest expectations. There was no strengthen our collective focus on pedi- with exceptional attractions such as challenge and no issue Nichole could not tackle. atric rare diseases or conditions, such Zoombezi Bay waterpark and Jungle Nichole’s policy accomplishments are as spinal muscular atrophy, muscular Jack’s Landing. The park has also ex- too many to number. She was our lead dystrophy, Down syndrome, and Frag- panded its reach outside of Columbus staffer on earmark reform work; whis- ile X. to include The Wilds near Cambridge, tleblower legislation for both Federal We are all aware that the NIH faces OH. employees and contractors; our com- tight budgets and that these fiscal Jack’s work as a conservationist has plex regulatory reform efforts; every- challenges are not going away over- saved endangered animals and habitats thing and anything that had to do with night. Thus, Members on both sides of around the globe. He helped found empowering our inspectors general. the aisle came together in support of Partners in Conservation, and is an ac- She led all the office work on screening this research model to promote effi- tive supporter of St. Jude Children’s policies at the airports along with han- ciency and the sharing of resources. Research Hospital, the Mountain Go- dling innumerable challenging situa- Modeled after the successful Cancer rilla Veterinary Project, and the tions with the GSA in regards to Mis- Centers and other successful networked SeaWorld Busch Gardens Conservation souri and was the lead staffer in writ- initiatives, this law reflects the cur- Fund. ing bills to curb some of the excesses rent fiscal climate and seeks to do Jack was named director emeritus in that we discovered in that Agency. She more with less. 1992 of the Columbus Zoo but has con- also patiently waded through all of the The National Pediatric Research Net- tinued to spur economic development difficult policy and politics of energy work Act could not have been enacted and promote central Ohio since that issues, including the challenging and without the support of thousands of time. Jack has made countless tele- politically sensitive debate on cap and families, care providers, pediatric re- vision appearances since 1983 on shows trade. There was no detail too small for searchers and research institutions such as ‘‘Good Morning America,’’ the Nichole to master and no nuance she across the country. I would especially ‘‘Late Show with David Letterman,’’ could not grasp. One of her earliest pol- like to thank FightSMA and the Coali- FOX News programs, and CNN News icy responsibilities had to do with an tion for Pediatric Medical Research for programs. We still watch him today on energy issue much smaller than cap organizing a grassroots effort that led his latest syndicated TV series, ‘‘Jack and trade, however. She prepared legis- to strong bipartisan support in both Hanna’s Into the Wild.’’ lation dealing with the measurement of houses of Congress, and to Cincinnati I have had the opportunity to meet gasoline as it relates to temperature— Children’s Hospital Medical Center, with Jack over the years and have wit- hot gas was not the most exciting Nationwide Children’s Hospital in Co- nessed his genuine love of animals and issue. It involved no bright lights and lumbus, and Akron Children’s Hospital wildlife firsthand. He is a passionate no headlines, just hard, complicated, for their endorsement and hard work in advocate for conservation, and his skill solid, public policy work—the exact support of the bill. for sharing the majesty of nature has kind of thing Nichole thrived at. Those The legislation received the strong opened the minds of millions of read- issues that take more than a cut-and- support of Parent Project Muscular ers, viewers, and listeners. paste memo were Nichole’s specialty. Dystrophy, the Children’s Hospital As- The Columbus Zoo is an asset to cen- I have known Nichole since she was 8 sociation, Federation of Pediatric Or- tral Ohio because of Jack Hanna’s years old, as the granddaughter of a ganizations, Kakkis EveryLife Founda- work and inspiration. I congratulate strong public servant, Carole Roper tion, National Down Syndrome Soci- him on his service to our State. Park Vaughn, who served with me in ety, and the National Organization for f the Missouri State Legislature. As Rare Disorders. Nichole ran around Carole’s Jefferson TRIBUTE TO NICHOLE DISTEFANO Finally, I would like to recognize City office, Carole helped instill in her Madison Reed, a valiant Ohio teenager Mrs. MCCASKILL. Madam President, that leadership spark. In 2004, when I living with SMA, for sharing her story as we come to the end of 2013, I wish to ran for Governor, I hired Nichole for with me when I visited Nationwide pay tribute to a friend and a stellar the first time to help run our Kansas Children’s Hospital earlier this year. long-term staff member of mine, City volunteer crew. By the end, most The National Pediatric Research Net- Nichole Distefano. Nichole left my of- people on staff thought she was the one work Act has given hope to thousands fice earlier this year to pursue an ex- really running our KC office—and for of families like hers, across Ohio and ceptional opportunity with the Envi- all intent and purposes, she was. the country, that collaborative pedi- ronmental Protection Agency. She By our 2006 Senate race, she became atric research will speed knowledge spent more than 6 years as an indispen- my rural outreach director, helping us

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE December 20, 2013 CONGRESSIONAL RECORD — SENATE S9097 find some of the gems of our campaign, end, to express my deep gratitude for as well as passing a towing line to the like Sweet Corn Charlie. On both cam- all she has done for me, for Missouri, vessel in order to take it in tow. paigns she was always willing to do and for our great Nation over so many Once on scene, Waesche launched whatever was needed at any level from years. I am proud to see her continue Petty Officer Obendorf and the rest of literally boosting me up onto an RV so to grow and excel. I know she is doing the boat crew aboard a Coast Guard we could grab a picture of our ‘‘McCas- exceptional things in her new position. small boat to begin the rescue oper- kill for Senate’’-wrapped RV in front of She is my friend. She is a rock. And I ation. As the Coast Guard small boat my family’s old flour mill in Houston, miss her. came alongside Alaska Mist, one boat MO, to walking into a field office unan- f crewmember went aboard the vessel to nounced one day and saying she was brief the crew and rig the rescue lad- REMEMBERING PETTY OFFICER there to go door-to-door, despite her der. Once this was complete, Petty Of- OBENDORF senior role on the campaign. ficer Obendorf began guiding Alaska She is a take-charge kind of woman Ms. MURKOWSKI. Madam President, Mist crewmembers down the ladder and but taking charge by immersing herself I am here today to pay tribute to the into the Coast Guard small boat. Petty in a subject. That became her trade- life of PO3 Travis Obendorf, a Coast Officer Obendorf showed exceptional mark. We all grew to expect her re- Guard boatswain mate, who passed skill and focus as he timed the rolls of markable technical competence on away on December 18, 2013, from inju- both vessels and a significant swell to very complicated issues and her pench- ries he sustained during the successful ensure the safety of the crewmembers ant for digging deeper to find the real rescue of 22 individuals from the dis- descending the ladder. Despite deterio- answer. Of course, at times, she let her abled fishing vessel Alaska Mist in the rating weather conditions, Petty Offi- desire to dig deep bleed into her per- Bering Sea on November 11, 2013. cer Obendorf courageously and success- sonal life, too. Just ask her new hus- Petty Officer Obendorf, whose nick fully guided five Alaska Mist crew band Ryan what her first two responses name was ‘‘Obie,’’ gave the ultimate members to safety. to his marriage proposal were: ‘‘Are sacrifice for his Nation, and in doing so The Coast Guard small boat returned you serious?’’ he assisted in the rescue of 22 mariners to Waesche with the first group of pas- Because of this knack for asking the who otherwise may have been lost to sengers and entered the stern notch right questions and learning the de- the sea. with Petty Officer Obendorf positioned tailed answers, I always listened to Petty Officer Obendorf was a native on the bow to assist in securing the what she had to say—I did not always of Idaho Falls, IA. He enlisted in the boat for recovery. During the recovery agree, of course, but listened nonethe- Coast Guard in 2004 and quickly be- evolution, Petty Officer Obendorf re- less. As one of her male colleagues came a leader within his boot camp ceived a severe head injury. Waesche said, ‘‘She looks tiny and sweet, but platoon. He proudly served aboard the completed the operation, ultimately everyone is a little terrified of her be- Coast Guard Cutters Alert and Waesche rescuing 22 people and towing the fish- cause she’s tougher and smarter than and deployed to Bahrain as member of ing vessel to safety, but despite the most everyone out there.’’ And have no Coast Guard Patrol Forces Southwest lifesaving first aid of his shipmates and doubt, when Nichole believes some- Asia. He also served at Coast Guard the excellent care of two medical cen- thing, she will let you know, and she Station Boston, MA. ters, Petty Officer Obendorf succumbed will fight for it. I cherish this attribute Upon reporting aboard Coast Guard to his injuries on 18 December 2013. because in this kind of job you need Cutter Waesche on 26 June 2013, Petty Petty Officer Obendorf will surely be people who aren’t just smart, aren’t Officer Obendorf quickly integrated missed by his family, loved ones, and just aggressive, but who are real and into the Deck Division and began rap- shipmates. I am thankful for his serv- honest. idly pursuing his qualifications. During ice and honored by his sacrifice. Now no one stays terrified of Nichole Waesche’s shakedown cruise prior to an for too long because they figure out Alaska deployment, Petty Officer f Obendorf qualified as a helmsman and how genuine she is, and funny too. The TRIBUTE TO NELLIE FREEMAN gifted members of our staffs are both lookout and made significant progress intense and blessed with great humor. in all other qualification areas. One Mr. CARDIN. Madam President, staff Our legislative correspondents have month into Waesche’s August to No- turnover is part of life in the Senate, been lucky to have her as a mentor, as vember 2013 Alaska deployment, Petty just as it is in any other institution. well—someone who expects a high level Officer Obendorf qualified in basic and But some departures are particularly of performance, gives praise when it is advanced damage control, as boat- bittersweet. Today is the last day due, and encourages professional devel- swain’s mate of the watch, helicopter Helen Eleanor Freeman will be work- opment. It is no accident that one of tie-down crewmember, and boat crew- ing in my office; she is retiring after the first LC’s to work for her grew into member on all three of Waesche’s cut- more than 23 years of faithful—and joy- one of my staff’s most important legis- ter boats. Less than a month later, ful service—to me and to former Sen- lative assistants today. Petty Officer Obendorf added boarding ator Paul Sarbanes, to the Senate, and It is always bittersweet for me when team member and antiterrorism force to the people of Maryland. these kinds of junctures happen—these protection watch stander to his list of Her name is Helen Eleanor Freeman, times when you want your staff to qualifications. Petty Officer Obendorf’s but throughout the Senate and beyond blast forward and make you proud as rapid qualification in a wide variety of Capitol Hill, everyone knows her as much as you want them to stay—be- watch stations resulted in him being Nellie. She is an avid volleyball player cause they have been so essential to significantly involved in almost all as- and her recreational activity led, your work. pects of Waesche’s operations. His ef- through another player, to her first job With Nichole now working as a sen- forts as a boat crew and boarding team in the Senate, with Senator Sarbanes, ior advisor within the Office of Con- member were critical in the Waesche’s in 1989. When Senator Sarbanes retired gressional and Intergovernmental Re- execution of over 40 fisheries and rec- and I was elected to replace him, he lations at the EPA, she is providing the reational law enforcement boardings was adamant that I must hire Nellie as kind of public service that embraces during the 2013 Alaska deployment. I filled out my Senate staff. He told intellect, curiosity, and precision. It is When Waesche was diverted for the me, ‘‘There is no one quite like Nellie,’’ why they brought her on, of course. search and rescue case involving fish- and over the past 7 years I have been They quickly saw what we already ing vessel Alaska Mist, Petty Officer fortunate to have Nellie on my staff, I knew. They are benefiting greatly from Obendorf was selected as a boat crew- certainly have come to agree with that her deep vein of common sense and her member for what would be a chal- assessment. Nellie is unique. She is the refusal to stop working until she has lenging rescue operation. Petty Officer ‘‘glue’’ that holds our office together. asked every question and gotten every Obendorf immediately began assisting While I am happy for her, I am sad she answer. his shipmates and preparing for the op- will be leaving the office and I know I am proud to say thank you to eration, which would involve removing the rest of my staff shares that assess- Nichole Distefano as 2013 comes to an 14 nonessential Alaska Mist personnel ment.

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S9098 CONGRESSIONAL RECORD — SENATE December 20, 2013 Nellie is an avid fan of the local and in Congress, I congratulate my guiding and supporting other advocates teams, especially the Baltimore Ori- home State of Connecticut on new evi- and organizations. She serves on the oles. So I will use a sports analogy dence that its major juvenile justice National Juvenile Justice & Delin- from baseball. Nellie is like the super reforms over the past 10 years have quency Prevention Coalition, cochairs utility infielder—the person who can been a resounding success. These re- the Act 4 Juvenile Justice campaign, play any position well, the consum- forms are based on the principle that and serves on the working groups for mate team player. Name just about children are fundamentally different the National Girls Institute and the any task or function in the office, and from adults, and they should not be National Center for Youth in Custody. Nellie has performed it—manning the criminalized just like adult offenders. Along with these advocacy organiza- phones, sorting and responding to con- While other States have begun to rec- tions, Liz has worked closely with us in stituent correspondence, helping to se- ognize this principle and put it into Congress to raise the profile of juvenile lect, train, and supervise the interns— practice, my home State has led the justice issues and push for greater re- you name it and Nellie has done it. way. I am proud to note that Con- form. So there are the official duties and necticut has achieved the largest re- Unfortunately for the many who there are the unofficial duties. With re- duction in its confinement of minors of have worked with Liz over the years, gard to the unofficial duties, Nellie has any state in the United States over the she is now stepping down from her cur- been the go-to person when it comes to last decade. rent role. While she is irreplaceable organizing office parties to celebrate Like many other States, Connecticut and will certainly remain involved in birthdays, afterhours social events, adopted tough-on-crime policies that the advocacy field, I congratulate her staff book clubs, and so forth. That is drastically increased the number of on the work she has accomplished over the ‘‘glue’’ I was talking about a mo- children locked up through its juvenile the course of several decades. On behalf ment ago. The Senate can be a difficult court system in the 1990s and early of those of us in Connecticut, I also place in which to work, both for Sen- 2000s. But in the mid-2000s, the State thank Liz for her commitment to our ators and staff. Nellie has played a recognized that these policies were in- State’s reform efforts. As was said best critical role in helping my staff feel effective, costly, and worst of all, by the director of CTJJA, Abby Ander- more like a welcoming family and that ended up harming children more than son, ‘‘If movements have best friends, redounds not only to my benefit, but to helping them. Connecticut began to re- Liz is the best friend of the Con- the benefit of the Senate. form its juvenile system, passing a law necticut juvenile justice reform move- Nellie is unfailingly calm, courteous, in 2005 that prohibited the detention of ment.’’ solicitous, kind, and happy. Her per- youth for violating a court order in Connecticut’s success in improving sonality shines through and her cheer- any status offense case. how it treats its youth is an example fulness is infectious, much appreciated, Then, in 2007, Connecticut passed for the rest of the country. More and and an example for all of us. Nellie Raise the Age, a law that has ended the more evidence shows that my home makes friends with everyone: constitu- prosecution of most 16- and 17-year-old State should be a model for other ents, colleagues, other Senate staff, teenagers in the adult criminal system States as they look to reduce costs and Senators. She makes it easier and more and returned them to the juvenile sys- improve outcomes for children. I will pleasant for everyone to work here. tem where they belong. Not an easy continue to highlight Connecticut’s That is no small accomplishment. victory, Raise the Age took more than success and to expand its best practices Nellie is retiring today, but she is far a decade of efforts by children and fam- at the Federal level so that we can help from having a ‘‘retiring’’ personality so ilies, youth advocates, and State legis- support other States make these same I know she will remain as busy and en- lators to pass and fully implement. commonsense and humane reforms.∑ gaged as ever. She has volleyball and Together with other State reforms, f book clubs and volunteer activities and the status offense change and Raise the Age have led Connecticut to cut its BATAAN CORREGIDOR MEMORIAL the Orioles. During the season, I didn’t BRIDGE need to read the sports page to deter- rate of juvenile incarceration by 60 per- mine whether the Orioles had won the cent between 2001 and 2011. This drop— ∑ Mr. BLUMENTHAL. Madam Presi- night before. If they had won, Nellie documented in a report by the National dent, today I wish to commemorate the would be at work in the morning re- Juvenile Justice Network and the dedication of Bataan Corregidor Memo- splendent in black and orange attire. Texas Public Policy Foundation enti- rial Bridge in Weatogue, CT, earlier Most of all, Nellie has her beloved tled ‘‘The Comeback and Coming-from- this month. husband Bob Ham and the rest of her Behind States: An Update on Youth In- Crossing over the Farmington River large family—her parents Bob and carceration in the United States’’ and in Connecticut, this bridge will now Molly Freeman; her siblings David, released just this week—is the largest honor the patriotism and courage of Mary, Emily, and Teddy; in-laws Jes- in the Nation. More than any other the brave men from Connecticut and sica, Andy, and Nadia; and her nieces State, Connecticut has succeeded in across the nation who fought in the and nephews Rachel, Zach, Francesca, locking up fewer children and turning Battles of Bataan and Corregidor in Koby, Saul, Ben, Molly, and Amelie to more effective policies instead, such 1942 in the Pacific during World War II. and most of them live in the area. It is as relying increasingly on community- From January to April 1942, American a big, raucous family filled with the based treatment and cutting back on and Filipino forces fought Japanese same love and good cheer Nellie ex- law enforcement referrals for school soldiers along the Bataan Peninsula udes. discipline issues. and the island of Corregidor in the So to Nellie Freeman on the occasion One of the key architects of the Philippines. When both fell to the Jap- of her retirement after more than 23 Raise the Age effort in Connecticut anese, an estimated 10,000 American years of serving the people of Maryland was Liz Ryan, a nationally known and and Filipino troops were killed and and all Americans, thank you for your leading juvenile justice advocate. Liz is 20,000 wounded. Another 15,000 Amer- exemplary service and, above all, the president and CEO of the Campaign ican and 60,000 Filipino troops were thank you for your friendship. Go O’s! for Youth Justice, an organization she taken prisoner and forced to endure the founded in 2005, around the same time Bataan Death March. f that advocates in Connecticut first Dan Crowley of Simsbury and Darrel ADDITIONAL STATEMENTS formed the Connecticut Juvenile Jus- Stark of Stafford Springs, who were tice Alliance, CTJJA. Liz consulted there in combat, are the last two sur- with the founders of CTJJA to mobilize viving residents of Connecticut who JUVENILE JUSTICE REFORM the Raise the Age campaign, and our fought in these historic battles in the SUCCESS State was one of the first to receive her United States Army following the at- ∑ Mr. MURPHY. Madam President, as expertise and support. tack on Pearl Harbor. After Mr. Crow- a longtime advocate for youth in the Throughout her career, Liz has ley fought in the Battle of Bataan, he juvenile justice system during my time worked tirelessly to build and refused to surrender and swam to the in the Connecticut State Legislature strengthen the juvenile justice field by island of Corregidor where he was later

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE December 20, 2013 CONGRESSIONAL RECORD — SENATE S9099 taken prisoner by the Japanese and en- H.R. 180. An act to encourage, enhance, and EC–4018. A communication from the Acting dured 42 months in Japanese prison integrate Blue Alert plans throughout the Deputy Director, Office of Sustainable Fish- camps. His story is one of many heroic United States in order to disseminate infor- eries, Department of Commerce, transmit- accounts from this theater during mation when a law enforcement officer is se- ting, pursuant to law, the report of a rule en- titled ‘‘Fisheries of the Exclusive Economic World War II. riously injured or killed in the line of duty. H.R. 520. An act to authorize the Secretary Zone Off Alaska; Pollock in Statistical Area The moving dedication ceremony in- of the Interior to conduct a study of alter- 620 in the Gulf of Alaska’’ (RIN0648–XC926) cluded a flyover, musical perform- natives for commemorating and interpreting received in the Office of the President of the ances, blessing of the bridge, ribbon the role of the Buffalo Soldiers in the early Senate on November 19, 2013; to the Com- cutting, and a stirring, closing bugle years of the National Parks, and for other mittee on Commerce, Science, and Transpor- taps. I deeply appreciate the work of purposes. tation. Mr. Crowley, State Senator Kevin H.R. 723. An act to amend the Wild and EC–4019. A communication from the Acting Witkos, and the Connecticut Depart- Scenic Rivers Act to designate a segment of Deputy Director, Office of Sustainable Fish- ment of Transportation in creating the Beaver, Chipuxet, Queen, Wood, and eries, Department of Commerce, transmit- this important symbol of our Nation’s Pawcatuck Rivers in the States of Con- ting, pursuant to law, the report of a rule en- titled ‘‘Fisheries of the Northeastern United stalwart gratitude for the tremendous necticut and Rhode Island for study for po- tential addition to the National Wild and States; Bluefish Fishery; Quota Transfer’’ sacrifices of countless men during this Scenic Rivers System, and for other pur- (RIN0648–XC921) received in the Office of the series of battles. The Bataan Cor- poses. President of the Senate on November 19, regidor Memorial Bridge is vivid in its 2013; to the Committee on Commerce, simplicity and elemental strength. It is f Science, and Transportation. not a grand structure, but like the men MEASURES READ THE FIRST TIME EC–4020. A communication from the Acting Deputy Director, Office of Sustainable Fish- whose unimaginable courage we cele- The following bill was read the first brate, it is there in its simple, physical eries, Department of Commerce, transmit- time: strength. ting, pursuant to law, the report of a rule en- We can never forget the service of the H.R. 2019. An act to eliminate taxpayer fi- titled ‘‘Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area Greatest Generation, who protected nancing of political party conventions and reprogram savings to provide for a 10-year 630 in the Gulf of Alaska’’ (RIN0648–XC929) our freedom and liberty—all who lost pediatric research initiative through the received in the Office of the President of the their lives and those who lived to pay Common Fund administered by the National Senate on November 19, 2013; to the Com- tribute to their fellow comrades. This Institutes of Health, and for other purposes. mittee on Commerce, Science, and Transpor- bridge will always be a memorial—a tation. living memorial—used every day by all f EC–4021. A communication from the Acting of us who will continue to remember EXECUTIVE AND OTHER Deputy Director, Office of Sustainable Fish- and thank the brave patriots who COMMUNICATIONS eries, Department of Commerce, transmit- ting, pursuant to law, the report of a rule en- fought so gallantly at Bataan and Cor- The following communications were ∑ titled ‘‘Snapper-Grouper Fishery of the regidor. laid before the Senate, together with South Atlantic; Reopening of the Commer- f accompanying papers, reports, and doc- cial Harvest of Gray Triggerfish in the South MEASURES REFERRED uments, and were referred as indicated: Atlantic’’ (RIN0648–XC900) received in the Of- fice of the President of the Senate on No- The following bills were read the first EC–4014. A communication from the Direc- vember 19, 2013; to the Committee on Com- and the second times by unanimous tor, Office of Sustainable Fisheries, Depart- merce, Science, and Transportation. ment of Commerce, transmitting, pursuant EC–4022. A communication from the Dep- consent, and referred as indicated: to law, the report of a rule entitled ‘‘Fish- H.R. 1961. An act to amend title 46, United uty Director, Office of Sustainable Fisheries, eries of the Northeastern United States; Department of Commerce, transmitting, pur- States Code, to extend the exemption from Northeast Multispecies Fishery; Emergency the fire-retardant materials construction re- suant to law, the report of a rule entitled Rule Extension, Georges Bank Yellowtail ‘‘Fisheries of the Northeastern United quirement for vessels operating within the Flounder and White Hake Catch Limits and Boundary Line; to the Committee on Com- States; Northeast Multispecies Fishery; Trip GOM Cod Carryover Revisions’’ (RIN0648– Limit Adjustments for the Common Pool merce, Science, and Transportation. BC97) received in the Office of the President H.R. 3102. An act to amend the Food and Fishery’’ (RIN0648–XC897) received in the Of- of the Senate on November 14, 2013; to the Nutrition Act of 2008; and for other purposes; fice of the President of the Senate on No- Committee on Commerce, Science, and to the Committee on Agriculture, Nutrition, vember 19, 2013; to the Committee on Com- Transportation. and Forestry. merce, Science, and Transportation. H.R. 3174. An act to authorize the Sec- EC–4015. A communication from the Acting EC–4023. A communication from the Acting retary of Transportation to obligate funds Deputy Director, Office of Sustainable Fish- Deputy Director, Office of Sustainable Fish- for emergency relief projects arising from eries, Department of Commerce, transmit- eries, Department of Commerce, transmit- damage caused by severe weather events in ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- 2013, and for other purposes; to the Com- titled ‘‘Fisheries of the Northeastern United titled ‘‘Fisheries of the Northeastern United mittee on Environment and Public Works. States; Summer Flounder Fishery; Commer- States; Monkfish Fisheries Management H.R. 3350. An act to authorize health insur- cial Quota Harvested for the State of New Plan; Reallocation of 2013 Monkfish Research ance issuers to continue to offer for sale cur- Jersey’’ (RIN0648–XC998) received in the Of- Set-Aside Days-at-Sea’’ (RIN0648–XC884) re- rent individual health insurance coverage in fice of the President of the Senate on Decem- ceived in the Office of the President of the satisfaction of the minimum essential health ber 18, 2013; to the Committee on Commerce, Senate on November 21, 2013; to the Com- insurance coverage requirement, and for Science, and Transportation. mittee on Commerce, Science, and Transpor- other purposes; to the Committee on Health, EC–4016. A communication from the Para- tation. Education, Labor, and Pensions. legal Specialist, Federal Aviation Adminis- EC–4024. A communication from the Acting H.R. 3521. An act to authorize Department tration, Department of Transportation, Deputy Director, Office of Sustainable Fish- of Veterans Affairs major medical facility transmitting, pursuant to law, the report of eries, Department of Commerce, transmit- leases, and for other purposes; to the Com- a rule entitled ‘‘Amendment of Class D Air- ting, pursuant to law, the report of a rule en- mittee on Veterans’ Affairs. space; Kwajalein Island, Marshall Islands, titled ‘‘Fisheries of the Northeastern United f RMI’’ ((RIN2120–AA66) (Docket No. FAA– States; Summer Flounder Fishery; Commer- 2013–0817)) received in the Office of the Presi- cial Quota Harvested for the State of New MEASURES PLACED ON THE dent of the Senate on November 20, 2013; to York’’ (RIN0648–XC878) received in the Office CALENDAR the Committee on Commerce, Science, and of the President of the Senate on November The following bills were read the sec- Transportation. 19, 2013; to the Committee on Commerce, ond time, and placed on the calendar: EC–4017. A communication from the Acting Science, and Transportation. Deputy Director, Office of Sustainable Fish- EC–4025. A communication from the Acting S. 1859. A bill to amend the Internal Rev- eries, Department of Commerce, transmit- Deputy Director, Office of Sustainable Fish- enue Code of 1986 to extend certain expiring ting, pursuant to law, the report of a rule en- eries, Department of Commerce, transmit- provisions, and for other purposes. titled ‘‘Fisheries of the Northeastern United ting, pursuant to law, the report of a rule en- S. 1881. A bill to expand sanctions imposed States; Atlantic Herring Fishery; Removal of titled ‘‘Fisheries of the Northeastern United with respect to Iran and to impose additional 2,000-lb (907.2-kg) Herring Trip Limit in At- States; Atlantic Herring Fishery; Sub-An- sanctions with respect to Iran, and for other lantic Herring Management Area 2’’ nual Catch Limit (ACL) Harvested for Man- purposes. (RIN0648–XC894) received in the Office of the agement Area 3’’ (RIN0648–XC906) received in The following bills were read the first President of the Senate on November 19, the Office of the President of the Senate on and second times by unanimous con- 2013; to the Committee on Commerce, November 19, 2013; to the Committee on sent, and placed on the calendar: Science, and Transportation. Commerce, Science, and Transportation.

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S9100 CONGRESSIONAL RECORD — SENATE December 20, 2013 EC–4026. A communication from the Acting of the President of the Senate on November 2013; to the Committee on Commerce, Deputy Director, Office of Sustainable Fish- 14, 2013; to the Committee on Commerce, Science, and Transportation. eries, Department of Commerce, transmit- Science, and Transportation. EC–4041. A communication from the Assist- ting, pursuant to law, the report of a rule en- EC–4034. A communication from the Chief ant Chief Counsel for Hazardous Materials titled ‘‘Fisheries of the Caribbean, Gulf of of Staff, Media Bureau, Federal Communica- Safety, Pipeline and Hazardous Materials Mexico, and South Atlantic; 2013 Commer- tions Commission, transmitting, pursuant to Safety Administration, Department of cial Accountability Measure and Closure for law, the report of a rule entitled ‘‘Accessi- Transportation, transmitting, pursuant to South Atlantic Blue Runner’’ (RIN0648– bility of User Interfaces, and Video Program- law, the report of a rule entitled ‘‘Hazardous XC871) received in the Office of the President ming Guides and Menus; Accessible Emer- Materials: Minor Editorial Corrections and of the Senate on November 21, 2013; to the gency Information, and Apparatus Require- Clarifications’’ (RIN2137–AF03) received in Committee on Commerce, Science, and ments for Emergency Information and Video the Office of the President of the Senate on Transportation. Description: Implementation of the Twenty- November 20, 2013; to the Committee on EC–4027. A communication from the Acting First Century Communications and Video Commerce, Science, and Transportation. Deputy Director, Office of Sustainable Fish- Accessibility Act of 2010’’ (FCC 13–138) re- EC–4042. A communication from the Para- eries, Department of Commerce, transmit- ceived in the Office of the President of the legal Specialist, Federal Aviation Adminis- ting, pursuant to law, the report of a rule en- Senate on November 14, 2013; to the Com- tration, Department of Transportation, titled ‘‘Fisheries of the Exclusive Economic mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of Zone Off Alaska; Yellowfin Sole for Vessels tation. a rule entitled ‘‘Establishment of Class E Participating in the BSAI Trawl Limited Ac- EC–4035. A communication from the Para- Airspace; Curtis, NE’’ ((RIN2120–AA66) cess Fishery in the Bering Sea and Aleutian legal Specialist, Federal Aviation Adminis- (Docket No. FAA–2013–0608)) received in the Islands Management Area’’ (RIN0648–XC977) tration, Department of Transportation, Office of the President of the Senate on No- received in the Office of the President of the transmitting, pursuant to law, the report of vember 20, 2013; to the Committee on Com- Senate on November 21, 2013; to the Com- a rule entitled ‘‘Standard Instrument Ap- merce, Science, and Transportation. mittee on Commerce, Science, and Transpor- proach Procedures, and Takeoff Minimums EC–4043. A communication from the Para- tation. and Obstacle Departure Procedures; Mis- legal Specialist, Federal Aviation Adminis- EC–4028. A communication from the Acting cellaneous Amendments (42); Amdt. No. 3558’’ tration, Department of Transportation, Deputy Director, Office of Sustainable Fish- (RIN2120–AA65) received in the Office of the transmitting, pursuant to law, the report of eries, Department of Commerce, transmit- President of the Senate on November 20, a rule entitled ‘‘Establishment of Class E ting, pursuant to law, the report of a rule en- 2013; to the Committee on Commerce, Airspace; Ennis, MT’’ ((RIN2120–AA66) titled ‘‘International Fisheries; Pacific Tuna Science, and Transportation. (Docket No. FAA–2013–0280)) received in the Fisheries; 2013 Bigeye Tuna Longline Fishery EC–4036. A communication from the Para- Office of the President of the Senate on No- Closure in the Eastern Pacific Ocean’’ legal Specialist, Federal Aviation Adminis- vember 20, 2013; to the Committee on Com- (RIN0648–XC922) received in the Office of the tration, Department of Transportation, merce, Science, and Transportation. President of the Senate on November 21, transmitting, pursuant to law, the report of EC–4044. A communication from the Para- 2013; to the Committee on Commerce, a rule entitled ‘‘Standard Instrument Ap- legal Specialist, Federal Aviation Adminis- Science, and Transportation. proach Procedures, and Takeoff Minimums tration, Department of Transportation, EC–4029. A communication from the Acting and Obstacle Departure Procedures; Mis- transmitting, pursuant to law, the report of Deputy Director, Office of Sustainable Fish- cellaneous Amendments (130); Amdt. No. a rule entitled ‘‘Establishment of Class E eries, Department of Commerce, transmit- 3556’’ (RIN2120–AA65) received in the Office of Airspace; Cut Bank, MT’’ ((RIN2120–AA66) ting, pursuant to law, the report of a rule en- the President of the Senate on November 20, (Docket No. FAA–2013–0664)) received in the titled ‘‘Fisheries of the Northeastern United 2013; to the Committee on Commerce, Office of the President of the Senate on No- States; Tilefish Fishery; 2014 Tilefish Fishing Science, and Transportation. vember 20, 2013; to the Committee on Com- Quota Specification’’ (RIN0648–XC887) re- EC–4037. A communication from the Para- merce, Science, and Transportation. ceived in the Office of the President of the legal Specialist, Federal Aviation Adminis- EC–4045. A communication from the Para- Senate on November 14, 2013; to the Com- tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of tration, Department of Transportation, tation. a rule entitled ‘‘Standard Instrument Ap- transmitting, pursuant to law, the report of EC–4030. A communication from the Acting proach Procedures, and Takeoff Minimums a rule entitled ‘‘Establishment of Class E Deputy Director, Office of Sustainable Fish- and Obstacle Departure Procedures; Mis- Airspace; Glasgow, MT’’ ((RIN2120–AA66) eries, Department of Commerce, transmit- cellaneous Amendments (66); Amdt. No. 3555’’ (Docket No. FAA–2013–0529)) received in the ting, pursuant to law, the report of a rule en- (RIN2120–AA65) received in the Office of the Office of the President of the Senate on No- titled ‘‘Fisheries of the Exclusive Economic President of the Senate on November 20, vember 20, 2013; to the Committee on Com- Zone Off Alaska; Pacific Ocean Perch in the 2013; to the Committee on Commerce, merce, Science, and Transportation. Bering Sea and Aleutian Islands Manage- Science, and Transportation. EC–4046. A communication from the Para- ment Area’’ (RIN0648–XC944) received in the EC–4038. A communication from the Para- legal Specialist, Federal Aviation Adminis- Office of the President of the Senate on No- legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, vember 14, 2013; to the Committee on Com- tration, Department of Transportation, transmitting, pursuant to law, the report of merce, Science, and Transportation. transmitting, pursuant to law, the report of a rule entitled ‘‘Establishment of Class E EC–4031. A communication from the Acting a rule entitled ‘‘Standard Instrument Ap- Airspace; Prineville, OR’’ ((RIN2120–AA66) Deputy Director, Office of Sustainable Fish- proach Procedures, and Takeoff Minimums (Docket No. FAA–2013–0576)) received in the eries, Department of Commerce, transmit- and Obstacle Departure Procedures; Mis- Office of the President of the Senate on No- ting, pursuant to law, the report of a rule en- cellaneous Amendments (20); Amdt. No. 3560’’ vember 20, 2013; to the Committee on Com- titled ‘‘Fisheries of the Exclusive Economic (RIN2120–AA65) received in the Office of the merce, Science, and Transportation. Zone Off Alaska; Pacific Ocean Perch in the President of the Senate on November 20, EC–4047. A communication from the Para- Bering Sea and Aleutian Islands Manage- 2013; to the Committee on Commerce, legal Specialist, Federal Aviation Adminis- ment Area’’ (RIN0648–XC943) received in the Science, and Transportation. tration, Department of Transportation, Office of the President of the Senate on No- EC–4039. A communication from the Para- transmitting, pursuant to law, the report of vember 14, 2013; to the Committee on Com- legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Establishment of Class E merce, Science, and Transportation. tration, Department of Transportation, Airspace; Salmon, ID’’ ((RIN2120–AA66) EC–4032. A communication from the Acting transmitting, pursuant to law, the report of (Docket No. FAA–2013–0531)) received in the Deputy Director, Office of Sustainable Fish- a rule entitled ‘‘Standard Instrument Ap- Office of the President of the Senate on No- eries, Department of Commerce, transmit- proach Procedures, and Takeoff Minimums vember 20, 2013; to the Committee on Com- ting, pursuant to law, the report of a rule en- and Obstacle Departure Procedures; Mis- merce, Science, and Transportation. titled ‘‘Fisheries of the Exclusive Economic cellaneous Amendments (12); Amdt. No. 3561’’ EC–4048. A communication from the Para- Zone Off Alaska; Atka Mackerel in the Ber- (RIN2120–AA65) received in the Office of the legal Specialist, Federal Aviation Adminis- ing Sea and Aleutian Islands Management President of the Senate on November 20, tration, Department of Transportation, Area’’ (RIN0648–XC945) received in the Office 2013; to the Committee on Commerce, transmitting, pursuant to law, the report of of the President of the Senate on November Science, and Transportation. a rule entitled ‘‘Establishment of Class E 14, 2013; to the Committee on Commerce, EC–4040. A communication from the Para- Airspace; Rome, OR’’ ((RIN2120–AA66) (Dock- Science, and Transportation. legal Specialist, Federal Aviation Adminis- et No. FAA–2013–0533)) received in the Office EC–4033. A communication from the Acting tration, Department of Transportation, of the President of the Senate on November Deputy Director, Office of Sustainable Fish- transmitting, pursuant to law, the report of 20, 2013; to the Committee on Commerce, eries, Department of Commerce, transmit- a rule entitled ‘‘Standard Instrument Ap- Science, and Transportation. ting, pursuant to law, the report of a rule en- proach Procedures, and Takeoff Minimums EC–4049. A communication from the Para- titled ‘‘Fisheries of the Exclusive Economic and Obstacle Departure Procedures; Mis- legal Specialist, Federal Aviation Adminis- Zone Off Alaska; Atka Mackerel in the Ber- cellaneous Amendments (30); Amdt. No. 3559’’ tration, Department of Transportation, ing Sea and Aleutian Islands Management (RIN2120–AA65) received in the Office of the transmitting, pursuant to law, the report of Area’’ (RIN0648–XC946) received in the Office President of the Senate on November 20, a rule entitled ‘‘Establishment of Class E

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE December 20, 2013 CONGRESSIONAL RECORD — SENATE S9101 Airspace; Cut Bank, MT’’ ((RIN2120–AA66) tration, Department of Transportation, received in the Office of the President of the (Docket No. FAA–2013–0532)) received in the transmitting, pursuant to law, the report of Senate on November 20, 2013; to the Com- Office of the President of the Senate on No- a rule entitled ‘‘Establishment of Class E mittee on Commerce, Science, and Transpor- vember 20, 2013; to the Committee on Com- Airspace; Glasgow, MT’’ ((RIN2120–AA66) tation. merce, Science, and Transportation. (Docket No. FAA–2013–0529)) received in the EC–4067. A communication from the Para- EC–4050. A communication from the Para- Office of the President of the Senate on No- legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- vember 20, 2013; to the Committee on Com- tration, Department of Transportation, tration, Department of Transportation, merce, Science, and Transportation. transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of EC–4059. A communication from the Para- a rule entitled ‘‘Change of Using Agency for a rule entitled ‘‘Amendment of Class E Air- legal Specialist, Federal Aviation Adminis- Restricted Areas R–5115, NM, and R–6316, space; Carlsbad, NM’’ ((RIN2120–AA66) (Dock- tration, Department of Transportation, R6317, and R–6318, TX’’ ((RIN2120– et No. FAA–2013–0173)) received in the Office transmitting, pursuant to law, the report of AA66)(Docket No. FAA–2013–0771)) received of the President of the Senate on November a rule entitled ‘‘Establishment of Class E in the Office of the President of the Senate 20, 2013; to the Committee on Commerce, Airspace; Akutan, AK’’ ((RIN2120–AA66) on November 20, 2013; to the Committee on Science, and Transportation. (Docket No. FAA–2013–0516)) received in the Commerce, Science, and Transportation. EC–4051. A communication from the Para- Office of the President of the Senate on No- EC–4068. A communication from the Para- legal Specialist, Federal Aviation Adminis- vember 20, 2013; to the Committee on Com- legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, merce, Science, and Transportation. tration, Department of Transportation, transmitting, pursuant to law, the report of EC–4060. A communication from the Para- transmitting, pursuant to law, the report of a rule entitled ‘‘Amendment of Class E Air- legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Modification of Restricted space; Kankakee, IL’’ ((RIN2120–AA66) tration, Department of Transportation, Areas R–6901A and R 6901B; Fort McCoy, WI’’ (Docket No. FAA–2013–0176)) received in the transmitting, pursuant to law, the report of ((RIN2120–AA66)(Docket No. FAA–2013–0838)) Office of the President of the Senate on No- a rule entitled ‘‘Establishment of Class E received in the Office of the President of the vember 20, 2013; to the Committee on Com- Airspace; Comanche, TX’’ ((RIN2120–AA66) Senate on November 20, 2013; to the Com- merce, Science, and Transportation. (Docket No. FAA–2013–0775)) received in the mittee on Commerce, Science, and Transpor- EC–4052. A communication from the Para- Office of the President of the Senate on No- tation. legal Specialist, Federal Aviation Adminis- vember 20, 2013; to the Committee on Com- EC–4069. A communication from the Para- tration, Department of Transportation, merce, Science, and Transportation. legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of EC–4061. A communication from the Acting tration, Department of Transportation, a rule entitled ‘‘Amendment of Class E Air- Director, Office of Sustainable Fisheries, De- transmitting, pursuant to law, the report of space; Wadena, MN’’ ((RIN2120–AA66) (Dock- partment of Commerce, transmitting, pursu- a rule entitled ‘‘Airworthiness Directives; et No. FAA–2013–0172)) received in the Office ant to law, the report of a rule entitled The Boeing Company Airplanes’’ ((RIN2120– of the President of the Senate on November ‘‘Fisheries of the Caribbean, Gulf of Mexico, AA64)(Docket No. FAA–2013–0328)) received 20, 2013; to the Committee on Commerce, and South Atlantic; Coastal Migratory Pe- in the Office of the President of the Senate Science, and Transportation. lagic Resources of the Gulf of Mexico and on November 20, 2013; to the Committee on EC–4053. A communication from the Para- South Atlantic; Trip Limit Reduction’’ Commerce, Science, and Transportation. EC–4070. A communication from the Para- legal Specialist, Federal Aviation Adminis- (RIN0648–XC885) received in the Office of the legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, President of the Senate on November 19, tration, Department of Transportation, transmitting, pursuant to law, the report of 2013; to the Committee on Commerce, transmitting, pursuant to law, the report of a rule entitled ‘‘Amendment of Class E Air- Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; space; Washington, KS’’ ((RIN2120–AA66) EC–4062. A communication from the Para- The Boeing Company Airplanes’’ ((RIN2120– (Docket No. FAA–2013–0584)) received in the legal Specialist, Federal Aviation Adminis- AA64)(Docket No. FAA–2013–0546)) received Office of the President of the Senate on No- tration, Department of Transportation, in the Office of the President of the Senate vember 20, 2013; to the Committee on Com- transmitting, pursuant to law, the report of on November 20, 2013; to the Committee on merce, Science, and Transportation. a rule entitled ‘‘Establishment of Class D Commerce, Science, and Transportation. EC–4054. A communication from the Para- Airspace; Mesquite, TX’’ ((RIN2120–AA66) EC–4071. A communication from the Para- legal Specialist, Federal Aviation Adminis- (Docket No. FAA–2012–0580)) received in the legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, Office of the President of the Senate on No- tration, Department of Transportation, transmitting, pursuant to law, the report of vember 20, 2013; to the Committee on Com- transmitting, pursuant to law, the report of a rule entitled ‘‘Establishment of Class E merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; Airspace; St. George, UT’’ ((RIN2120–AA66) EC–4063. A communication from the Para- The Boeing Company Airplanes’’ ((RIN2120– (Docket No. FAA–2013–0600)) received in the legal Specialist, Federal Aviation Adminis- AA64)(Docket No. FAA–2013–0666)) received Office of the President of the Senate on No- tration, Department of Transportation, in the Office of the President of the Senate vember 20, 2013; to the Committee on Com- transmitting, pursuant to law, the report of on November 20, 2013; to the Committee on merce, Science, and Transportation. a rule entitled ‘‘Establishment of Class D Commerce, Science, and Transportation. EC–4055. A communication from the Para- and E Airspace; Kenai, AK’’ ((RIN2120–AA66) EC–4072. A communication from the Para- legal Specialist, Federal Aviation Adminis- (Docket No. FAA–2012–1174)) received in the legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, Office of the President of the Senate on No- tration, Department of Transportation, transmitting, pursuant to law, the report of vember 20, 2013; to the Committee on Com- transmitting, pursuant to law, the report of a rule entitled ‘‘Amendment of Class E Air- merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; space; Mandan, ND’’ ((RIN2120–AA66) (Dock- EC–4064. A communication from the Para- The Boeing Company Airplanes’’ ((RIN2120– et No. FAA–2013–0275)) received in the Office legal Specialist, Federal Aviation Adminis- AA64)(Docket No. FAA–2013–0667)) received of the President of the Senate on November tration, Department of Transportation, in the Office of the President of the Senate 20, 2013; to the Committee on Commerce, transmitting, pursuant to law, the report of on November 20, 2013; to the Committee on Science, and Transportation. a rule entitled ‘‘Amendment of Restricted Commerce, Science, and Transportation. EC–4056. A communication from the Para- Area R 2515; Muroc Lake, CA’’ ((RIN2120– EC–4073. A communication from the Para- legal Specialist, Federal Aviation Adminis- AA66) (Docket No. FAA–2013–0802)) received legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, in the Office of the President of the Senate tration, Department of Transportation, transmitting, pursuant to law, the report of on November 20, 2013; to the Committee on transmitting, pursuant to law, the report of a rule entitled ‘‘Establishment of Class E Commerce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; Airspace; White Mountain, AK’’ ((RIN2120– EC–4065. A communication from the Para- The Boeing Company Airplanes’’ ((RIN2120– AA66) (Docket No. FAA–2013–2012–1185)) re- legal Specialist, Federal Aviation Adminis- AA64)(Docket No. FAA–2013–0625)) received ceived in the Office of the President of the tration, Department of Transportation, in the Office of the President of the Senate Senate on November 20, 2013; to the Com- transmitting, pursuant to law, the report of on November 20, 2013; to the Committee on mittee on Commerce, Science, and Transpor- a rule entitled ‘‘Change of Using Agency for Commerce, Science, and Transportation. tation. Restricted Areas R–2309 and R–2312, AZ’’ EC–4074. A communication from the Para- EC–4057. A communication from the Para- ((RIN2120–AA66)(Docket No. FAA–2013–0816)) legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- received in the Office of the President of the tration, Department of Transportation, tration, Department of Transportation, Senate on November 20, 2013; to the Com- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- a rule entitled ‘‘Airworthiness Directives; a rule entitled ‘‘Establishment of Class E tation. The Boeing Company Airplanes’’ ((RIN2120– Airspace; Cody, WY’’ ((RIN2120–AA66) (Dock- EC–4066. A communication from the Para- AA64)(Docket No. FAA–2011–0155)) received et No. FAA–2013–0517)) received in the Office legal Specialist, Federal Aviation Adminis- in the Office of the President of the Senate of the President of the Senate on November tration, Department of Transportation, on November 20, 2013; to the Committee on 20, 2013; to the Committee on Commerce, transmitting, pursuant to law, the report of Commerce, Science, and Transportation. Science, and Transportation. a rule entitled ‘‘Change of Using Agency for EC–4075. A communication from the Para- EC–4058. A communication from the Para- Restricted Areas R 2916, FL and R–7105, PR’’ legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- ((RIN2120–AA66)(Docket No. FAA–2012–0580)) tration, Department of Transportation,

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S9102 CONGRESSIONAL RECORD — SENATE December 20, 2013 transmitting, pursuant to law, the report of tration, Department of Transportation, tration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of The Boeing Company Airplanes’’ ((RIN2120– a rule entitled ‘‘Airworthiness Directives; a rule entitled ‘‘Airworthiness Directives; Si- AA64)(Docket No. FAA–20132–0985)) received The Boeing Company Airplanes’’ ((RIN2120– korsky Aircraft Corporation (Sikorsky) Heli- in the Office of the President of the Senate AA64) (Docket No. FAA–2012–0425)) received copters’’ ((RIN2120–AA64) (Docket No. FAA– on November 20, 2013; to the Committee on in the Office of the President of the Senate 2013–0514)) received in the Office of the Presi- Commerce, Science, and Transportation. on November 20, 2013; to the Committee on dent of the Senate on November 20, 2013; to EC–4076. A communication from the Para- Commerce, Science, and Transportation. the Committee on Commerce, Science, and legal Specialist, Federal Aviation Adminis- EC–4085. A communication from the Para- Transportation. tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- EC–4093. A communication from the Para- transmitting, pursuant to law, the report of tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of tration, Department of Transportation, The Boeing Company Airplanes’’ ((RIN2120– a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of AA64)(Docket No. FAA–2012–0723)) received The Boeing Company Airplanes’’ ((RIN2120– a rule entitled ‘‘Airworthiness Directives; Si- in the Office of the President of the Senate AA64) (Docket No. FAA–2013–0211)) received korsky Aircraft Corporation Helicopters’’ on November 20, 2013; to the Committee on in the Office of the President of the Senate ((RIN2120–AA64) (Docket No. FAA–2013–0352)) Commerce, Science, and Transportation. on November 20, 2013; to the Committee on received in the Office of the President of the EC–4077. A communication from the Para- Commerce, Science, and Transportation. Senate on November 20, 2013; to the Com- legal Specialist, Federal Aviation Adminis- EC–4086. A communication from the Para- mittee on Commerce, Science, and Transpor- tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- tation. transmitting, pursuant to law, the report of tration, Department of Transportation, EC–4094. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of legal Specialist, Federal Aviation Adminis- The Boeing Company Airplanes’’ ((RIN2120– a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, AA64)(Docket No. FAA–2013–0303)) received Agusta S.p.A. (Type certificate currently transmitting, pursuant to law, the report of in the Office of the President of the Senate held by AgustaWestland S.p.A.) (Agusta) a rule entitled ‘‘Airworthiness Directives; on November 20, 2013; to the Committee on Helicopters’’ ((RIN2120–AA64) (Docket No. The Boeing Company Airplanes’’ ((RIN2120– Commerce, Science, and Transportation. FAA–2013–0518)) received in the Office of the AA64) (Docket No. FAA–2013–0334)) received EC–4078. A communication from the Para- President of the Senate on November 20, in the Office of the President of the Senate legal Specialist, Federal Aviation Adminis- 2013; to the Committee on Commerce, on December 16, 2013; to the Committee on tration, Department of Transportation, Science, and Transportation. Commerce, Science, and Transportation. transmitting, pursuant to law, the report of EC–4087. A communication from the Para- EC–4095. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- The Boeing Company Airplanes’’ ((RIN2120– tration, Department of Transportation, tration, Department of Transportation, AA64)(Docket No. FAA–2013–0863)) received transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of in the Office of the President of the Senate a rule entitled ‘‘Airworthiness Directives; a rule entitled ‘‘Airworthiness Directives; on November 20, 2013; to the Committee on Airbus Airplanes’’ ((RIN2120–AA64) (Docket The Boeing Company Airplanes’’ ((RIN2120– Commerce, Science, and Transportation. No. FAA–2013–0543)) received in the Office of AA64) (Docket No. FAA–2013–0461)) received EC–4079. A communication from the Para- the President of the Senate on November 20, in the Office of the President of the Senate legal Specialist, Federal Aviation Adminis- 2013; to the Committee on Commerce, on December 16, 2013; to the Committee on tration, Department of Transportation, Commerce, Science, and Transportation. Science, and Transportation. transmitting, pursuant to law, the report of EC–4096. A communication from the Para- EC–4088. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- The Boeing Company Airplanes’’ ((RIN2120– tration, Department of Transportation, tration, Department of Transportation, AA64)(Docket No. FAA–2012–1320)) received transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of in the Office of the President of the Senate a rule entitled ‘‘Airworthiness Directives; a rule entitled ‘‘Airworthiness Directives; on November 20, 2013; to the Committee on The Boeing Company Airplanes’’ ((RIN2120– Rolls-Royce plc Turbofan Engines’’ Commerce, Science, and Transportation. AA64) (Docket No. FAA–2013–0693)) received ((RIN2120–AA64) (Docket No. FAA–2013–0052)) EC–4080. A communication from the Para- in the Office of the President of the Senate received in the Office of the President of the legal Specialist, Federal Aviation Adminis- on December 16, 2013; to the Committee on Senate on November 20, 2013; to the Com- tration, Department of Transportation, Commerce, Science, and Transportation. transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- EC–4097. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; tation. legal Specialist, Federal Aviation Adminis- The Boeing Company Airplanes’’ ((RIN2120– EC–4089. A communication from the Para- tration, Department of Transportation, AA64)(Docket No. FAA–20132–0998)) received legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of in the Office of the President of the Senate tration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives; on November 20, 2013; to the Committee on transmitting, pursuant to law, the report of The Boeing Company Airplanes’’ ((RIN2120– Commerce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; AA64) (Docket No. FAA–2013–0976)) received EC–4081. A communication from the Para- Rolls-Royce plc Turbofan Engines’’ in the Office of the President of the Senate legal Specialist, Federal Aviation Adminis- ((RIN2120–AA64) (Docket No. FAA–2013–0029)) on December 16, 2013; to the Committee on tration, Department of Transportation, received in the Office of the President of the Commerce, Science, and Transportation. transmitting, pursuant to law, the report of Senate on November 20, 2013; to the Com- EC–4098. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; mittee on Commerce, Science, and Transpor- legal Specialist, Federal Aviation Adminis- The Boeing Company Airplanes’’ ((RIN2120– tation. tration, Department of Transportation, AA64)(Docket No. FAA–2012–0680)) received EC–4090. A communication from the Para- transmitting, pursuant to law, the report of in the Office of the President of the Senate legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; on November 20, 2013; to the Committee on tration, Department of Transportation, The Boeing Company Airplanes’’ ((RIN2120– Commerce, Science, and Transportation. transmitting, pursuant to law, the report of AA64) (Docket No. FAA–2013–0420)) received EC–4082. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; in the Office of the President of the Senate legal Specialist, Federal Aviation Adminis- Rolls-Royce plc Turbofan Engines’’ on December 16, 2013; to the Committee on tration, Department of Transportation, ((RIN2120–AA64) (Docket No. FAA–2010–0562)) Commerce, Science, and Transportation. transmitting, pursuant to law, the report of received in the Office of the President of the EC–4099. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; Senate on November 20, 2013; to the Com- legal Specialist, Federal Aviation Adminis- The Boeing Company Airplanes’’ ((RIN2120– mittee on Commerce, Science, and Transpor- tration, Department of Transportation, AA64)(Docket No. FAA–2012–1041)) received tation. transmitting, pursuant to law, the report of in the Office of the President of the Senate EC–4091. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; on November 20, 2013; to the Committee on legal Specialist, Federal Aviation Adminis- The Boeing Company Airplanes’’ ((RIN2120– Commerce, Science, and Transportation. tration, Department of Transportation, AA64) (Docket No. FAA–2012–1229)) received EC–4083. A communication from the Para- transmitting, pursuant to law, the report of in the Office of the President of the Senate legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; Si- on December 16, 2013; to the Committee on tration, Department of Transportation, korsky Aircraft Corporation-Manufactured Commerce, Science, and Transportation. transmitting, pursuant to law, the report of (Sikorsky) Model Helicopters (type certifi- EC–4100. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; cate currently held by Erickson Air Crane legal Specialist, Federal Aviation Adminis- The Boeing Company Airplanes’’ ((RIN2120– Incorporated)’’ ((RIN2120–AA64) (Docket No. tration, Department of Transportation, AA64) (Docket No. FAA–2013–0090)) received FAA–2013–0454)) received in the Office of the transmitting, pursuant to law, the report of in the Office of the President of the Senate President of the Senate on November 20, a rule entitled ‘‘Airworthiness Directives; on November 20, 2013; to the Committee on 2013; to the Committee on Commerce, General Electric Company Turbofan En- Commerce, Science, and Transportation. Science, and Transportation. gines’’ ((RIN2120–AA64) (Docket No. FAA– EC–4084. A communication from the Para- EC–4092. A communication from the Para- 2013–0499)) received in the Office of the Presi- legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- dent of the Senate on December 16, 2013; to

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE December 20, 2013 CONGRESSIONAL RECORD — SENATE S9103 the Committee on Commerce, Science, and tration, Department of Transportation, transmitting, pursuant to law, the report of Transportation. transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; EC–4101. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; Eurocopter Deutschland GmbH (ECD) Heli- legal Specialist, Federal Aviation Adminis- Bell Helicopter Textron Canada Limited copters’’ ((RIN2120–AA64) (Docket No. FAA– tration, Department of Transportation, (Bell) Helicopters’’ ((RIN2120–AA64) (Docket 2013–0519)) received in the Office of the Presi- transmitting, pursuant to law, the report of No. FAA–2013–0)) received in the Office of the dent of the Senate on November 20, 2013; to a rule entitled ‘‘Airworthiness Directives; President of the Senate on November 20, the Committee on Commerce, Science, and General Electric Company Turbofan En- 2013; to the Committee on Commerce, Transportation. gines’’ ((RIN2120–AA64) (Docket No. FAA– Science, and Transportation. EC–4118. A communication from the Para- 2013–0475)) received in the Office of the Presi- EC–4110. A communication from the Para- legal Specialist, Federal Aviation Adminis- dent of the Senate on December 16, 2013; to legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, the Committee on Commerce, Science, and tration, Department of Transportation, transmitting, pursuant to law, the report of Transportation. transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; EC–4102. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; Eurocopter France (Eurocopter) Heli- legal Specialist, Federal Aviation Adminis- Bell Helicopter Textron Canada Limited copters’’ ((RIN2120–AA64) (Docket No. FAA– tration, Department of Transportation, (Bell) Helicopters’’ ((RIN2120–AA64) (Docket 2013–0480)) received in the Office of the Presi- transmitting, pursuant to law, the report of No. FAA–2013–0490)) received in the Office of dent of the Senate on November 20, 2013; to a rule entitled ‘‘Airworthiness Directives; the President of the Senate on November 20, the Committee on Commerce, Science, and Gulfstream Aerospace Corporation Air- 2013; to the Committee on Commerce, Transportation. planes’’ ((RIN2120–AA64) (Docket No. FAA– Science, and Transportation. EC–4119. A communication from the Para- 2012–1313)) received in the Office of the Presi- EC–4111. A communication from the Para- legal Specialist, Federal Aviation Adminis- dent of the Senate on December 16, 2013; to legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, the Committee on Commerce, Science, and tration, Department of Transportation, transmitting, pursuant to law, the report of Transportation. transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; EC–4103. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; Eurocopter France (Eurocopter) Heli- legal Specialist, Federal Aviation Adminis- Bell Helicopter Textron Canada Limited copters’’ ((RIN2120–AA64) (Docket No. FAA– tration, Department of Transportation, (Bell) Helicopters’’ ((RIN2120–AA64) (Docket 2013–0807)) received in the Office of the Presi- transmitting, pursuant to law, the report of No. FAA–2013–0491)) received in the Office of dent of the Senate on November 20, 2013; to a rule entitled ‘‘Airworthiness Directives; the President of the Senate on November 20, the Committee on Commerce, Science, and Diamond Aircraft Industries GmbH Air- 2013; to the Committee on Commerce, Transportation. planes’’ ((RIN2120–AA64) (Docket No. FAA– Science, and Transportation. EC–4120. A communication from the Para- 2013–0812)) received in the Office of the Presi- EC–4112. A communication from the Para- legal Specialist, Federal Aviation Adminis- dent of the Senate on December 16, 2013; to legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, the Committee on Commerce, Science, and tration, Department of Transportation, transmitting, pursuant to law, the report of Transportation. transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; EC–4104. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; Eurocopter France (Eurocopter) Heli- legal Specialist, Federal Aviation Adminis- Bell Helicopter Textron Canada Limited copters’’ ((RIN2120–AA64) (Docket No. FAA– tration, Department of Transportation, (Bell) Helicopters’’ ((RIN2120–AA64) (Docket 2013–0878)) received in the Office of the Presi- transmitting, pursuant to law, the report of No. FAA–2013–0488)) received in the Office of dent of the Senate on November 20, 2013; to a rule entitled ‘‘Airworthiness Directives; the President of the Senate on November 20, the Committee on Commerce, Science, and Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) 2013; to the Committee on Commerce, Transportation. (Docket No. FAA–2012–1311)) received in the Science, and Transportation. EC–4121. A communication from the Para- Office of the President of the Senate on No- EC–4113. A communication from the Para- legal Specialist, Federal Aviation Adminis- vember 20, 2013; to the Committee on Com- legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, merce, Science, and Transportation. tration, Department of Transportation, transmitting, pursuant to law, the report of EC–4105. A communication from the Para- transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; AgustaWestland S.p.A. (Agusta) Helicopters’’ tration, Department of Transportation, Bell Helicopter Textron Canada Limited ((RIN2120–AA64) (Docket No. FAA–2013–0640)) transmitting, pursuant to law, the report of (Bell) Helicopters’’ ((RIN2120–AA64) (Docket received in the Office of the President of the a rule entitled ‘‘Airworthiness Directives; No. FAA–2008–0288)) received in the Office of Senate on November 20, 2013; to the Com- Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) the President of the Senate on November 20, mittee on Commerce, Science, and Transpor- (Docket No. FAA–2012–0594)) received in the 2013; to the Committee on Commerce, tation. Office of the President of the Senate on No- Science, and Transportation. EC–4122. A communication from the Para- vember 20, 2013; to the Committee on Com- EC–4114. A communication from the Para- legal Specialist, Federal Aviation Adminis- merce, Science, and Transportation. legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, EC–4106. A communication from the Para- tration, Department of Transportation, transmitting, pursuant to law, the report of legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives; AgustaWestland S.p.A. (Agusta) Helicopters’’ transmitting, pursuant to law, the report of Bell Helicopter Textron Canada Limited ((RIN2120–AA64) (Docket No. FAA–2013–0881)) a rule entitled ‘‘Airworthiness Directives; (Bell) Helicopters’’ ((RIN2120–AA64) (Docket received in the Office of the President of the Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) No. FAA–2013–0500)) received in the Office of Senate on November 20, 2013; to the Com- (Docket No. FAA–2013–0332)) received in the the President of the Senate on November 20, mittee on Commerce, Science, and Transpor- Office of the President of the Senate on No- 2013; to the Committee on Commerce, tation. vember 20, 2013; to the Committee on Com- Science, and Transportation. EC–4123. A communication from the Para- merce, Science, and Transportation. EC–4115. A communication from the Para- legal Specialist, Federal Aviation Adminis- EC–4107. A communication from the Para- legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, transmitting, pursuant to law, the report of tration, Department of Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Airbus Airplanes’’ ((RIN2120–AA64) (Docket a rule entitled ‘‘Airworthiness Directives; Eurocopter Deutschland GmbH Helicopters’’ No. FAA–2013–0665)) received in the Office of Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) ((RIN2120–AA64) (Docket No. FAA–2013–0446)) the President of the Senate on November 20, (Docket No. FAA–2013–0833)) received in the received in the Office of the President of the 2013; to the Committee on Commerce, Office of the President of the Senate on No- Senate on November 20, 2013; to the Com- Science, and Transportation. vember 20, 2013; to the Committee on Com- mittee on Commerce, Science, and Transpor- EC–4124. A communication from the Para- merce, Science, and Transportation. tation. legal Specialist, Federal Aviation Adminis- EC–4108. A communication from the Para- EC–4116. A communication from the Para- tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of tration, Department of Transportation, tration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of Airbus Airplanes’’ ((RIN2120–AA64) (Docket a rule entitled ‘‘Airworthiness Directives; a rule entitled ‘‘Airworthiness Directives; No. FAA–2013–0360)) received in the Office of Bell Helicopter Textron Canada (Bell) Heli- Eurocopter France Helicopters’’ ((RIN2120– the President of the Senate on November 20, copters’’ ((RIN2120–AA64) (Docket No. FAA– AA64) (Docket No. FAA–2013–0479)) received 2013; to the Committee on Commerce, 2013–0526)) received in the Office of the Presi- in the Office of the President of the Senate Science, and Transportation. dent of the Senate on November 20, 2013; to on November 20, 2013; to the Committee on EC–4125. A communication from the Para- the Committee on Commerce, Science, and Commerce, Science, and Transportation. legal Specialist, Federal Aviation Adminis- Transportation. EC–4117. A communication from the Para- tration, Department of Transportation, EC–4109. A communication from the Para- legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives;

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S9104 CONGRESSIONAL RECORD — SENATE December 20, 2013 Airbus Airplanes’’ ((RIN2120–AA64) (Docket Office of the President of the Senate on No- EC–4142. A communication from the Para- No. FAA–2013–0832)) received in the Office of vember 20, 2013; to the Committee on Com- legal Specialist, Federal Aviation Adminis- the President of the Senate on November 20, merce, Science, and Transportation. tration, Department of Transportation, 2013; to the Committee on Commerce, EC–4134. A communication from the Para- transmitting, pursuant to law, the report of Science, and Transportation. legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; EC–4126. A communication from the Para- tration, Department of Transportation, ATR—GIE Avions de Transport Regional legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of Airplanes’’ ((RIN2120–AA64) (Docket No. tration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives; FAA–2013–0624)) received in the Office of the transmitting, pursuant to law, the report of PILATUS Aircraft Ltd. Airplanes’’ President of the Senate on November 20, a rule entitled ‘‘Airworthiness Directives; ((RIN2120–AA64) (Docket No. FAA–2013–0928)) 2013; to the Committee on Commerce, Airbus Airplanes’’ ((RIN2120–AA64) (Docket received in the Office of the President of the Science, and Transportation. No. FAA–2013–0465)) received in the Office of Senate on November 20, 2013; to the Com- EC–4143. A communication from the Sec- the President of the Senate on November 20, mittee on Commerce, Science, and Transpor- retary of the Federal Trade Commission, 2013; to the Committee on Commerce, tation. transmitting, pursuant to law, the report of Science, and Transportation. EC–4135. A communication from the Para- a rule entitled ‘‘Guides for Private Voca- EC–4127. A communication from the Para- legal Specialist, Federal Aviation Adminis- tional and Distance Education Schools’’ (16 legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, CFR Part 254) received in the Office of the tration, Department of Transportation, transmitting, pursuant to law, the report of President of the Senate on November 20, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; 2013; to the Committee on Commerce, a rule entitled ‘‘Airworthiness Directives; DG Flugzeugbau GmbH Gliders’’ ((RIN2120– Science, and Transportation. Airbus Airplanes’’ ((RIN2120–AA64) (Docket AA64) (Docket No. FAA–2013–0927)) received EC–4144. A communication from the Sec- No. FAA–2013–0539)) received in the Office of in the Office of the President of the Senate retary of Transportation, transmitting, pur- the President of the Senate on November 20, on November 20, 2013; to the Committee on suant to law, a report entitled, ‘‘Funda- 2013; to the Committee on Commerce, Commerce, Science, and Transportation. mental Properties of Asphalts and Modified Science, and Transportation. EC–4136. A communication from the Para- Asphalts—III’’; to the Committee on Com- EC–4128. A communication from the Para- legal Specialist, Federal Aviation Adminis- merce, Science, and Transportation. legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, EC–4145. A communication from the Direc- tration, Department of Transportation, transmitting, pursuant to law, the report of tor, Office of Sustainable Fisheries, Depart- transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; ment of Commerce, transmitting, pursuant a rule entitled ‘‘Airworthiness Directives; Agusta S.p.A. (Type Certificate currently to law, the report of a rule entitled ‘‘Takes Hamilton Standard Division and Hamilton held by AugustaWestland’’ ((RIN2120–AA64) of Marine Mammals Incidental to Specified Sundstrand Corporation Propellers’’ (Docket No. FAA–2012–0529)) received in the Activities; U.S. Navy Training and Testing ((RIN2120–AA64) (Docket No. FAA–2013–0262)) Office of the President of the Senate on No- Activities in the Atlantic Fleet Training and received in the Office of the President of the vember 20, 2013; to the Committee on Com- Testing Study Area’’ (RIN0648–BC53) received Senate on November 20, 2013; to the Com- merce, Science, and Transportation. during adjournment of the Senate in the Of- mittee on Commerce, Science, and Transpor- EC–4137. A communication from the Para- fice of the President of the Senate on Decem- tation. legal Specialist, Federal Aviation Adminis- ber 2, 2013; to the Committee on Commerce, EC–4129. A communication from the Para- tration, Department of Transportation, Science, and Transportation. legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of EC–4146. A communication from the Sec- tration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives; retary of the Federal Trade Commission, transmitting, pursuant to law, the report of Empresa Brasileira de Aeronautica S.A. transmitting, pursuant to law, the Commis- a rule entitled ‘‘Airworthiness Directives; (EMBRAER) Airplanes’’ ((RIN2120–AA64) sion’s ninth annual report on ethanol mar- Robinson Helicopter Company (Robinson)’’ (Docket No. FAA–2013–0)) received in the Of- ket concentration; to the Committee on ((RIN2120–AA64) (Docket No. FAA–2013–0380)) fice of the President of the Senate on No- Commerce, Science, and Transportation. received in the Office of the President of the vember 20, 2013; to the Committee on Com- EC–4147. A communication from the Para- Senate on November 20, 2013; to the Com- merce, Science, and Transportation. legal Specialist, Federal Aviation Adminis- EC–4138. A communication from the Para- mittee on Commerce, Science, and Transpor- tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- tation. transmitting, pursuant to law, the report of EC–4130. A communication from the Para- tration, Department of Transportation, a rule entitled ‘‘Qualification, Service, and legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of Use of Crewmembers and Aircraft Dis- tration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives; patchers’’ ((RIN2120–AJ00) (Docket No. FAA– transmitting, pursuant to law, the report of DG Flugzeugbau GmbH Gliders’’ ((RIN2120– 2008–0677)) received in the Office of the Presi- a rule entitled ‘‘Airworthiness Directives; AA64) (Docket No. FAA–2013–0929)) received dent of the Senate on November 20, 2013; to Bell Helicopter Textron Canada Limited in the Office of the President of the Senate the Committee on Commerce, Science, and (Bell) Helicopters’’ ((RIN2120–AA64) (Docket on November 20, 2013; to the Committee on Transportation. No. FAA–2013–0481)) received in the Office of Commerce, Science, and Transportation. EC–4148. A communication from the Para- the President of the Senate on November 20, EC–4139. A communication from the Para- legal Specialist, Federal Aviation Adminis- 2013; to the Committee on Commerce, legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, Science, and Transportation. tration, Department of Transportation, EC–4131. A communication from the Para- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, MD Helicopters, Inc., Helicopters’’ ((RIN2120– Eurocopter France Helicopters’’ ((RIN2120– transmitting, pursuant to law, the report of AA64) (Docket No. FAA–2013–0401)) received AA64) (Docket No. FAA–2013–0487)) received a rule entitled ‘‘Airworthiness Directives; in the Office of the President of the Senate in the Office of the President of the Senate Embraer S.A. Airplanes’’ ((RIN2120–AA64) on November 20, 2013; to the Committee on on December 16, 2013; to the Committee on (Docket No. FAA–2013–0936)) received in the Commerce, Science, and Transportation. Commerce, Science, and Transportation. Office of the President of the Senate on No- EC–4140. A communication from the Para- f vember 20, 2013; to the Committee on Com- legal Specialist, Federal Aviation Adminis- merce, Science, and Transportation. tration, Department of Transportation, REPORTS OF COMMITTEES EC–4132. A communication from the Para- transmitting, pursuant to law, the report of The following reports of committees legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; were submitted: tration, Department of Transportation, MD Helicopters, Inc., (MDHI) Helicopters’’ transmitting, pursuant to law, the report of ((RIN2120–AA64) (Docket No. FAA–2013–0486)) By Mr. MENENDEZ, from the Committee a rule entitled ‘‘Airworthiness Directives; received in the Office of the President of the on Foreign Relations, with an amendment in Diamond Aircraft Industries GmbH Air- Senate on November 20, 2013; to the Com- the nature of a substitute: planes’’ ((RIN2120–AA64) (Docket No. FAA– mittee on Commerce, Science, and Transpor- S. 1271. A bill to direct the President to es- 2013–0597)) received in the Office of the Presi- tation. tablish guidelines for the United States for- dent of the Senate on November 20, 2013; to EC–4141. A communication from the Para- eign assistance programs, and for other pur- the Committee on Commerce, Science, and legal Specialist, Federal Aviation Adminis- poses (Rept. No. 113–131). Transportation. tration, Department of Transportation, f EC–4133. A communication from the Para- transmitting, pursuant to law, the report of legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; INTRODUCTION OF BILLS AND tration, Department of Transportation, BAE SYSTEMS (OPERATIONS LIMITED JOINT RESOLUTIONS transmitting, pursuant to law, the report of Airplanes’’ ((RIN2120–AA64) (Docket No. a rule entitled ‘‘Airworthiness Directives; FAA–2013–0631)) received in the Office of the The following bills and joint resolu- Lycoming Engines and Continental Motors, President of the Senate on November 20, tions were introduced, read the first Inc. Reciprocating Engines’’ ((RIN2120–AA64) 2013; to the Committee on Commerce, and second times by unanimous con- (Docket No. FAA–2012–1245)) received in the Science, and Transportation. sent, and referred as indicated:

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By Mr. SCHUMER: By Mr. COCHRAN (for himself, Mr. S. 896 S. 1882. A bill to amend the Internal Rev- BARRASSO, Mr. BURR, Mr. CHAMBLISS, At the request of Ms. HIRONO, her enue Code of 1986 to extend parity for exclu- Mr. ENZI, Mr. INHOFE, Mr. ROBERTS, name was added as a cosponsor of S. sion from income for employer-provided and Mr. WICKER): 896, a bill to amend title II of the So- mass transit and parking benefits; to the S. 1894. A bill to provide for the repeal of Committee on Finance. the Patient Protection and Affordable Care cial Security Act to repeal the Govern- By Mrs. HAGAN: Act if it is determined that the Act has re- ment pension offset and windfall elimi- S. 1883. A bill to extend duty-free treat- sulted in increasing the number of uninsured nation provisions. ment for certain trousers, breeches, or shorts individuals; to the Committee on Finance. S. 913 imported from Nicaragua, and for other pur- f At the request of Mrs. SHAHEEN, the poses; to the Committee on Finance. name of the Senator from Nevada (Mr. By Mr. MERKLEY: SUBMISSION OF CONCURRENT AND HELLER) was added as a cosponsor of S. S. 1884. A bill to establish a Pay It Forward SENATE RESOLUTIONS 913, a bill to amend the National model for funding postsecondary education; The following concurrent resolutions to the Committee on Health, Education, Oilheat Research Alliance Act of 2000 Labor, and Pensions. and Senate resolutions were read, and to reauthorize and improve that Act, By Mr. MENENDEZ (for himself, Mr. referred (or acted upon), as indicated: and for other purposes. RUBIO, Mr. CARDIN, and Mr. CORKER): By Mr. PRYOR (for himself and Mr. S. 1143 S. 1885. A bill to place conditions on assist- BOOZMAN): At the request of Mr. MORAN, the ance to the Government of Burma; to the S. Res. 325. A resolution designating the Committee on Foreign Relations. week of December 22 through December 28, name of the Senator from Alaska (Ms. By Mr. MERKLEY (for himself, Mrs. 2013, as ‘‘National Toy Week’’; considered MURKOWSKI) was added as a cosponsor SHAHEEN, Mr. UDALL of Colorado, Mr. and agreed to. of S. 1143, a bill to amend title XVIII of KING, Ms. HEITKAMP, and Ms. LAN- By Mrs. SHAHEEN (for herself and Ms. the Social Security Act with respect to DRIEU): AYOTTE): physician supervision of therapeutic S. 1886. A bill to ensure that individuals S. Res. 326. A resolution congratulating the hospital outpatient services. who attempted to, or who are enrolled in, 2013 Southern New Hampshire University S. 1269 qualified health plans offered through an Ex- men’s soccer team on winning the National change have continuity of coverage and to Collegiate Athletic Association Division II At the request of Ms. HIRONO, her require Exchanges to make coverage under Men’s Soccer Championship; considered and name was added as a cosponsor of S. qualified health plans retroactive to January agreed to. 1269, a bill to amend the Workforce In- 1, 2014; to the Committee on Finance. By Mr. MORAN (for himself and Mr. vestment Act of 1998 to support com- By Mrs. MCCASKILL: ROBERTS): munity college and industry partner- S. 1887. A bill to clarify terms of coopera- S. Res. 327. A resolution congratulating ships, and for other purposes. tion between the Consumer Product Safety Sporting Kansas City for an outstanding 2013 S. 1291 Commission and foreign government agen- season in Major League Soccer and for win- cies in order to improve safety of imported ning the Major League Soccer Cup 2013; con- At the request of Ms. HIRONO, her products, and for other purposes; to the Com- sidered and agreed to. name was added as a cosponsor of S. mittee on Commerce, Science, and Transpor- By Mr. DURBIN: 1291, a bill to strengthen families’ en- tation. S. Con. Res. 30. A concurrent resolution gagement in the education of their By Mrs. FEINSTEIN: providing for a conditional adjournment or children. recess of the Senate and an adjournment of S. 1888. A bill to facilitate a land exchange S. 1391 involving certain National Forest System the House of Representatives; considered and At the request of Mr. HARKIN, the land in the Inyo National Forest, and for agreed to. name of the Senator from Maine (Ms. other purposes; to the Committee on Energy f and Natural Resources. COLLINS) was added as a cosponsor of S. By Mrs. FEINSTEIN (for herself and ADDITIONAL COSPONSORS 1391, a bill to amend the Age Discrimi- Mr. HATCH): S. 313 nation in Employment Act of 1967 and S. 1889. A bill to direct the United States At the request of Mr. CASEY, the other laws to clarify appropriate stand- Sentencing Commission with respect to pen- names of the Senator from Nebraska ards for Federal employment discrimi- alties for the unlawful production of a con- nation and retaliation claims, and for trolled substance on Federal property or in- (Mrs. FISCHER) and the Senator from tentional trespass on the property of another Utah (Mr. HATCH) were added as co- other purposes. that causes environmental damage; to the sponsors of S. 313, a bill to amend the S. 1406 Committee on the Judiciary. Internal Revenue Code of 1986 to pro- At the request of Ms. AYOTTE, the By Mr. COCHRAN: vide for the tax treatment of ABLE ac- names of the Senator from Hawaii (Ms. S. 1890. A bill to ensure that decisions by counts established under State pro- HIRONO), the Senator from Rhode Is- the Secretary of Education to award grants grams for the care of family members land (Mr. WHITEHOUSE), the Senator or other assistance to States or local edu- from New Hampshire (Mrs. SHAHEEN) cational agencies are not contingent upon with disabilities, and for other pur- the adoption of specific educational cur- poses. and the Senator from South Dakota ricula; to the Committee on Health, Edu- S. 456 (Mr. JOHNSON) were added as cospon- cation, Labor, and Pensions. At the request of Mrs. MURRAY, the sors of S. 1406, a bill to amend the By Ms. AYOTTE (for herself and Mr. name of the Senator from Illinois (Mr. Horse Protection Act to designate ad- JOHANNS): DURBIN) was added as a cosponsor of S. ditional unlawful acts under the Act, S. 1891. A bill to require a study and report 456, a bill to direct the Secretary of strengthen penalties for violations of by the Comptroller General regarding the re- the Act, improve Department of Agri- start provision of the Hours of Service Rules Education to establish an award pro- for Commercial Truck Drivers, and for other gram recognizing excellence exhibited culture enforcement of the Act, and for purposes; to the Committee on Commerce, by public school system employees pro- other purposes. Science, and Transportation. viding services to students in pre- S. 1491 By Ms. COLLINS (for herself and Mr. kindergarten through higher edu- At the request of Mr. COONS, his KING): cation. name was added as a cosponsor of S. S. 1892. A bill to direct the Secretary of At the request of Ms. HIRONO, her 1491, a bill to amend the Energy Inde- Veterans Affairs to establish a registry of name was added as a cosponsor of S. pendence and Security Act of 2007 to certain veterans who were stationed at or underwent training at Canadian Forces Base 456, supra. improve United States-Israel energy Gagetown, New Brunswick, Canada, and for S. 876 cooperation, and for other purposes. other purposes; to the Committee on Vet- At the request of Mr. BLUMENTHAL, S. 1523 erans’ Affairs. the names of the Senator from New At the request of Ms. HIRONO, her By Ms. AYOTTE: York (Mrs. GILLIBRAND) and the Sen- name was added as a cosponsor of S. S. 1893. A bill to require the Transpor- ator from Pennsylvania (Mr. CASEY) 1523, a bill to amend the Internal Rev- tation Security Administration to imple- were added as cosponsors of S. 876, a enue Code to make permanent quali- ment best practices and improve trans- parency with regard to technology acquisi- bill to amend the Omnibus Crime Con- fied school construction bonds and tion programs, and for other purposes; to the trol and Safe Streets Act of 1968 to ex- qualified zone academy bonds, to treat Committee on Commerce, Science, and tend public safety officers’ death bene- qualified zone academy bonds as speci- Transportation. fits to fire police officers. fied tax credit bonds, and to modify the

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S9106 CONGRESSIONAL RECORD — SENATE December 20, 2013 private business contribution require- (Mr. MERKLEY), the Senator from Ha- Mammoth Mountain Ski Area in the ment for qualified zone academy bonds. waii (Mr. SCHATZ) and the Senator Eastern Sierra Nevada region of Cali- S. 1599 from Massachusetts (Ms. WARREN) were fornia and the Inyo National Forest. At the request of Mr. LEAHY, the added as cosponsors of S. 1845, a bill to Enactment of this bill will allow the name of the Senator from Iowa (Mr. provide for the extension of certain un- ski resort to redevelop the parcel of HARKIN) was added as a cosponsor of S. employment benefits, and for other land it currently leases from Forest 1599, a bill to reform the authorities of purposes. Service, while providing the Forest the Federal Government to require the S. 1848 Service with a combination of high re- production of certain business records, At the request of Mr. ROBERTS, the source value lands and a cash payment conduct electronic surveillance, use names of the Senator from Ohio (Mr. equal to the value of the exchanged pen registers and trap and trace de- PORTMAN) and the Senator from South land. vices, and use other forms of informa- Carolina (Mr. SCOTT) were added as co- Since the Mammoth Mountain Ski tion gathering for foreign intelligence, sponsors of S. 1848, a bill to amend sec- Area, LLC, MMSA, began operations in counterterrorism, and criminal pur- tion 1303(b)(3) of Public Law 111–148 1953, Mammoth Mountain has grown to poses, and for other purposes. concerning the notice requirements re- be one of the most popular ski areas in garding the extent of health plan cov- S. 1645 the United States, attracting up to two erage of abortion and abortion pre- At the request of Mr. BROWN, the million visitors a year. mium surcharges. names of the Senator from Florida (Mr. However, the Main Lodge area, which S. 1867 NELSON) and the Senator from Florida is located on approximately 21 acres of At the request of Mr. MENENDEZ, the (Mr. RUBIO) were added as cosponsors land leased by MMSA, has become out- name of the Senator from Oregon (Mr. of S. 1645, a bill to limit the authority dated and inadequate to meet visitor MERKLEY) was added as a cosponsor of of States to tax certain income of em- needs. The Main Lodge building and S. 1867, a bill to provide protection for ployees for employment duties per- Mammoth Mountain Inn are now more consumers who have prepaid cards, and formed in other States. than 50 years old and require signifi- for other purposes. S. 1710 cant improvements and upgrades. In- S. 1880 sufficient employee housing, parking At the request of Mr. WHITEHOUSE, At the request of Mrs. MURRAY, the the name of the Senator from Cali- and guest amenities must be corrected name of the Senator from Montana and skier staging and lift line queuing fornia (Mrs. FEINSTEIN) was added as a (Mr. TESTER) was added as a cosponsor cosponsor of S. 1710, a bill to require areas must be modernized. In order to of S. 1880, a bill to provide that the an- make the necessary long-term invest- Amtrak to propose a pet policy that al- nual adjustment of retired pay for lows passengers to transport domes- ments, resort operators are seeking fee members of the Armed Forces under title to the land and have been working ticated cats and dogs on certain Am- the age of 62 under the Bipartisan trak trains, and for other purposes. with the Inyo National Forest since Budget Act of 2013 shall not apply to 1998 to complete a land exchange. S. 1723 members retired for disability and to Equal-value land exchanges involving At the request of Mr. VITTER, the retired pay used to compute certain name of the Senator from Oklahoma Survivor Benefit Plan annuities. Forest Service land are permitted under the Exchange Act. However, the (Mr. COBURN) was added as a cosponsor S. 1881 typical land exchange procedures do of S. 1723, a bill to clarify that the At the request of Mr. MENENDEZ, the not conform well to this particular ex- anti-kickback laws apply to qualified names of the Senator from Alaska (Ms. change due to the complexity, size and health plans, the federally-facilitated MURKOWSKI), the Senator from West scarcity of large, high resource value marketplaces, and other plans and pro- Virginia (Mr. MANCHIN), the Senator parcels in the Inyo National Forest. grams under title I of the Patient Pro- from Indiana (Mr. COATS), the Senator Consequently, this legislation would tection and Affordable Care Act, and from Louisiana (Mr. VITTER), the Sen- authorize a one-time exception to the for other purposes. ator from Idaho (Mr. RISCH), the Sen- Exchange Act to accomplish the pro- S. 1827 ator from Georgia (Mr. ISAKSON) and posed land exchange. Specifically, the At the request of Mr. MANCHIN, the the Senator from Arkansas (Mr. BOOZ- bill would require the Secretary of Ag- name of the Senator from Minnesota MAN) were added as cosponsors of S. riculture to acquire two parcels of pri- (Ms. KLOBUCHAR) was added as a co- 1881, a bill to expand sanctions imposed vate land outside, totaling approxi- sponsor of S. 1827, a bill to award a with respect to Iran and to impose ad- mately 1,500 acres, the boundary the Congressional Gold Medal to the Amer- ditional sanctions with respect to Iran, Inyo National Forest in exchange for ican Fighter Aces, collectively, in rec- and for other purposes. the conveyance of the 21 acre parcel ognition of their heroic military serv- S. RES. 75 within the forest currently leased to ice and defense of our country’s free- At the request of Mr. DURBIN, the MMSA; accept a cash equalization pay- dom throughout the history of aviation name of the Senator from Connecticut ment in excess of the 25 percent value warfare. (Mr. MURPHY) was added as a cosponsor of the federal lands to fully com- of S. Res. 75, a resolution condemning S. 1837 pensate the Forest Service for the ex- the Government of Iran for its state- At the request of Ms. WARREN, the changed lands; and use the cash pay- sponsored persecution of its Baha’i mi- name of the Senator from Illinois (Mr. ment to acquire land or interests in nority and its continued violation of DURBIN) was added as a cosponsor of S. land for additions to the National For- the International Covenants on Human 1837, a bill to amend the Fair Credit est System as such lands become avail- Rights. Reporting Act to prohibit the use of able. consumer credit checks against pro- f This bill will provide both economic spective and current employees for the STATEMENTS ON INTRODUCED and environmental benefits. The new purposes of making adverse employ- BILLS AND JOINT RESOLUTIONS construction that this bill will help fa- ment decisions. By Mrs. FEINSTEIN: cilitate will not only create new con- S. 1844 S. 1888. A bill to facilitate a land ex- struction jobs during renovations, but At the request of Mrs. SHAHEEN, the change involving certain National For- will also allow the Ski Area to expand name of the Senator from Wisconsin est System land in the Inyo National and improve its operations, creating (Ms. BALDWIN) was added as a cospon- Forest, and for other purposes; to the more sustainable and permanent jobs. sor of S. 1844, a bill to restore full mili- Committee on Energy and Natural Re- Additionally, the land MMSA will be tary retirement benefits by closing cor- sources. transferring to the Forest Service in- porate tax loopholes. Mrs. FEINSTEIN. Mr. President, I cludes high resource value lands that S. 1845 rise today to introduce the Inyo Na- have long been desired for protection At the request of Mr. REED, the tional Forest Land Exchange Act. by local environmentalists and the names of the Senator from Delaware This legislation will facilitate a land Forest Service. This includes lands (Mr. CARPER), the Senator from Oregon exchange between the operators of the within the view shed of the Mono Basin

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE December 20, 2013 CONGRESSIONAL RECORD — SENATE S9107 National Scenic Area, the first des- in exchange for the conveyance of the Fed- guidelines increasing penalties on drug ignated National Scenic Area and a eral land, if the Secretary determines that traffickers who use or possess a firearm place of incredible natural beauty. acquisition of the non-Federal land is desir- while producing illegal drugs on federal This legislation has bipartisan sup- able for National Forest System purposes. or trespassed lands. (b) CASH EQUALIZATION PAYMENT; USE.— port. The bill was first introduced by (1) IN GENERAL.—In an exchange of land Last year alone, over 900,000 mari- Rep. BUCK MCKEON in June 2011 and under subsection (a), the Secretary may ac- juana plants were eradicated at 471 passed the House in April 2012 by a vote cept a cash equalization payment in excess sites on National Forest Lands. Sadly, of 376—2. It was reintroduced by Rep. of 25 percent of the value of the Federal land. this represents only a fraction of the PAUL COOK earlier this year with the (2) DISPOSITION AND USE OF FUNDS.—Any total marijuana illegally grown in our support of both Democratic and Repub- cash equalization payment received by the National Parks, Forests and other pub- lican cosponsors and passed the House Secretary under this subsection shall be— lic lands. In California, Operation Pris- (A) deposited into the fund established tine, a recent effort to combat the en- a second time on December 3, 2013. under Public Law 90–171 (commonly known Local government and community as the ‘‘Sisk Act’’) (16 U.S.C. 484a); and vironmental damage caused by illegal organizations also support this legisla- (B) available to the Secretary for the ac- marijuana production, resulted in the tion, including the Mono County Board quisition of land or interests in land for addi- removal of over 8,700 tons of trash in- of Supervisors, the Mammoth Lakes tion to the National Forest System. cluding pesticides, batteries, fertilizers Town Council, the Mammoth Lakes (c) NO NEW LAND EXCHANGE AUTHORITY.— and propane tanks from environ- Chamber of Commerce, Mammoth Nothing in this section grants the Secretary mentally sensitive lands. Lakes Tourism, the Mono Lake Com- new land exchange authority. Drug traffickers often use illegal pes- mittee, and the Eastern Sierra Land By Mrs. FEINSTEIN (for herself ticides smuggled in from Mexico, such Trust. and Mr. HATCH): as carbofuran, which contaminate Cali- This trade has long been supported S. 1889. A bill to direct the United fornia’s water resources. They also use by noted environmentalists, including States Sentencing Commission with re- pesticides and rodenticides in an illegal the late Andrea Mead Lawrence, after spect to penalties for the unlawful pro- manner, often on protected lands. whom Congress earlier this year named duction of a controlled substance on These poisons are having a devastating a mountain in the nearby Sierra Ne- Federal property or intentional tres- impact on California’s wildlife, includ- vada. pass on the property of another that ing the Pacific Fisher, a member of the I urge my colleagues to support this causes environmental damage; to the Weasel family being considered for list- legislation. Enactment of this bill will Committee on the Judiciary. ing as an endangered species. ensure the long term success of one of Mrs. FEINSTEIN. Mr. President, I Taxpayers are also being hit hard by the Nation’s top ski resorts and benefit rise to introduce the Protecting Lands the millions of dollars needed to clean the local and regional economy, while Against Narcotics Trafficking or up the environmental damage caused allowing the Forest Service to acquire PLANT Act of 2013 with my colleague by illegal marijuana grows. Estimates high resource value lands that will be and friend, Senator ORRIN HATCH. put the cost of reclaiming land dam- enjoyed by Americans for generations This bill, which is similar to House aged by illicit marijuana growth at ap- to come. legislation introduced by Representa- proximately $15,000 per acre. As you Mr. President, I ask unanimous con- tive JARED HUFFMAN, will help curb the might expect, drug traffickers are not sent that the text of the bill be printed severe environmental damage caused setting aside funds for this work, and in the RECORD. by illegal marijuana grows. I thank my the cost is passed on to the American There being no objection, the text of friend and fellow Californian, Rep- people. the bill was ordered to be printed in resentative HUFFMAN, for his leader- Illicit marijuana cultivation also the RECORD, as follows: ship on this issue. damages the economy and hurts legiti- S. 1888 Across our Nation, but especially in mate businesses. Timber companies, Be it enacted by the Senate and House of Rep- California, drug traffickers cultivate farmers and ranchers have had their resentatives of the United States of America in marijuana with zero regard for the en- operations disrupted by criminals Congress assembled, vironmental destruction it causes. Mo- growing marijuana illegally. Marijuana SECTION 1. SHORT TITLE. tivated solely by profits, these crimi- growers on agricultural lands, particu- This Act may be cited as the ‘‘Inyo Na- nals illegally divert streams, poison larly in the Central Valley, divert tional Forest Land Exchange Act’’. wildlife, pollute watersheds and de- thousands of gallons of scarce water SEC. 2. PURPOSE. stroy the natural heritage that we from legitimate agriculture. In 2013 The purpose of this Act is to modify the have worked so hard to protect. alone, California has identified over use of land exchange authorities available to Recognizing the destructive ecologi- 1,800 grow sites in the Central Valley, the Secretary of Agriculture as of the date of cal impact of illegal marijuana cultiva- including 406 in Tulare County and 537 enactment of this Act with respect to cer- tain land in the Inyo National Forest, Cali- tion, this legislation directs the United in Fresno as of November. fornia. States Sentencing Commission to re- As Chairman of the Senate Caucus on SEC. 3. DEFINITIONS. view and amend Federal sentencing International Narcotics Control and In this section: guidelines to account for the environ- also as a Senator who has worked to (1) FEDERAL LAND.—The term ‘‘Federal mental crimes drug traffickers commit safeguard our country’s natural re- land’’ means certain National Forest System on public and trespassed lands. sources, I believe that we cannot allow land located within the boundaries of the Specifically, the bill instructs the drug traffickers to destroy our public Inyo National Forest, California, as depicted Sentencing Commission to put in place lands, pollute our waters and kill our on the map entitled ‘‘Federal Parcel’’ and sentencing guidelines that increase wildlife with impunity. It is time that dated June 2011. penalties for individuals who engage in sentencing guidelines take into ac- (2) NON-FEDERAL LAND.—The term ‘‘non- any of the following activities while Federal land’’ means certain non-Federal count the environmental damage that land in California located outside the bound- cultivating illegal drugs on Federal drug traffickers all too often cause. aries of the Inyo National Forest, California, lands or while trespassing on another This legislation, directing the Sen- as depicted on the maps entitled ‘‘DWP Par- person’s property: tencing Commission to review and cel–Interagency Visitor Center Parcel’’ and Use of poisons or hazardous chemi- amend its guidelines, will do just that. ‘‘DWP Parcel–Town of Bishop Parcel’’ and cals, such as pesticides and Mr. President, I ask unanimous con- dated June 2011. rodenticides; the diversion, redirection, sent that the text of the bill be printed (3) SECRETARY.—The term ‘‘Secretary’’ obstruction, draining or impoundment in the RECORD. means the Secretary of Agriculture. of local aquifers, rivers or bodies of There being no objection, the text of SEC. 4. SPECIAL RULES FOR INYO NATIONAL water; or significant removal of vege- the bill was ordered to be printed in FOREST LAND EXCHANGE. tation or clear cutting of timber. the RECORD, as follows: (a) AUTHORITY TO ACCEPT LAND OUTSIDE BOUNDARIES OF INYO NATIONAL FOREST.—In In addition to environmental con- S. 1889 any land exchange involving the conveyance cerns, this legislation addresses the Be it enacted by the Senate and House of Rep- of the Federal land, the Secretary may ac- safety of our public lands. It directs resentatives of the United States of America in cept the conveyance of the non-Federal land the Sentencing Commission to provide Congress assembled,

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S9108 CONGRESSIONAL RECORD — SENATE December 20, 2013 SECTION 1. SHORT TITLE. fense involves the possession of a firearm they were at CFB Gagetown during the This Act may be cited as the ‘‘Protecting while cultivating or manufacturing con- days when the toxic agents were Lands Against Narcotics Trafficking Act of trolled substances on Federal lands or inten- sprayed. 2013’’ or the ‘‘PLANT Act’’. tionally trespassing on the property of an- A crucial provision in this legislation SEC. 2. CONTROLLED SUBSTANCES ACT PENALTY other. AMENDMENTS. requires the VA to commission an inde- (a) CULTIVATING OR MANUFACTURING CON- By Ms. COLLINS (for herself and pendent study that investigates the TROLLED SUBSTANCES ON FEDERAL PROP- Mr. KING): connection between health problems ERTY.—Section 401(b)(5) of the Controlled S. 1892. A bill to direct the Secretary and exposure to Agent Orange at CFB Substances Act (21 U.S.C. 841(b)(5)) is amend- of Veterans Affairs to establish a reg- Gagetown. Previously, I requested that ed, in the matter preceding subparagraph istry of certain veterans who were sta- the Centers for Disease Control and (A), by striking ‘‘as provided in this sub- section’’ and inserting ‘‘for not more than 10 tioned at or underwent training at Ca- Prevention and the Agency for Toxic years, in addition to any other term of im- nadian Forces Base Gagetown, New Substances and Disease Registry con- prisonment imposed under this subsection’’. Brunswick, Canada, and for other pur- duct an investigation into whether (b) USE OF HAZARDOUS SUBSTANCES.—Pur- poses; to the Committee on Veterans’ Maine veterans were exposed to toxic suant to its authority under section 994 of Affairs. chemicals while training at CFB title 28, United States Code, the United Ms. COLLINS. Mr. President, today I Gagetown. A significant deficiency States Sentencing Commission shall amend am introducing a bill addressing an with the CDC report, however, was that and review the Federal Sentencing Guide- issue important to Maine veterans who lines and policy statements to ensure that it relied solely on existing Canadian the guidelines provide for a penalty enhance- served at Canadian Forces Base, CFB, government studies on this subject ment of not less than 1 offense level for a Gagetown. Veterans who served there rather than conducting interviews of violation of section 401(a) of the Controlled may have suffered from adverse health those who trained there. Many Maine Substances Act (21 U.S.C. 841(a)) while on impacts due to exposure to the herbi- veterans feel strongly that they suf- Federal property or intentionally tres- cide Agent Orange, which was used at fered negative consequences from expo- passing on the property of another if the of- CFB Gagetown in 1966 and 1967. This sure to Agent Orange while training at fense— bill would require the Secretary of Vet- Gagetown. The United States Govern- (1) includes the use of a poison, chemical, erans Affairs, VA, to establish a reg- or other hazardous substance to cultivate or ment should conduct its own inde- manufacture controlled substances on Fed- istry of U.S. veterans who served or pendent study with interviews. eral property; trained at CFB Gagetown between 1956 This legislation keeps faith with our (2) creates a hazard to humans, wildlife, or and 2006 and have subsequently experi- veterans by demonstrating that our domestic animals; enced health issues, which may have government takes the allegations of (3) degrades or harms the environment or resulted from exposure to these chemi- exposure to Agent Orange seriously. natural resources; or cals. It also directs the VA to commis- The bill will help identify and bring to- (4) pollutes an aquifer, spring, stream, sion an independent study inves- gether the shared experience of those river, or body of water. tigating any possible linkage between (c) STREAM DIVERSION OR CLEAR CUTTING who trained at CFB Gagetown. This ON FEDERAL PROPERTY.— the spraying of Agent Orange at CFB bill will make it easier for the VA to (1) PROHIBITION ON STREAM DIVERSION OR Gagetown and subsequent health prob- conduct outreach on this issue pending CLEAR CUTTING ON FEDERAL PROPERTY.—Sec- lems among the American soldiers who any new developments. I look forward tion 401(b) of the Controlled Substances Act served or trained there. The legislation to working with Senator KING and all (21 U.S.C. 841(b)), as amended by subsection I am offering with Senator KING is of my colleagues to pass this important (a), is amended by adding at the end the fol- similar to another bill that has been lowing: bill. introduced by Congressman MIKE ‘‘(8) DESTRUCTION OF BODIES OF WATER.— f Any person who violates subsection (a) in a MICHAUD in the House of Representa- manner that diverts, redirects, obstructs, or tives. SUBMITTED RESOLUTIONS drains an aquifer, spring, stream, river, or Protecting the health of those who body of water or clear cuts timber while cul- have served our Nation is a solemn re- tivating or manufacturing a controlled sub- sponsibility. I have heard from vet- SENATE RESOLUTION 325—DESIG- stance on Federal property or while inten- erans in Maine about how they have NATING THE WEEK OF DECEM- tionally trespassing on the property of an- suffered from diabetes, cancers, and BER 22 THROUGH DECEMBER 28, other shall be fined in accordance with title respiratory illnesses. Many of these 2013, AS ‘‘NATIONAL TOY WEEK’’ 18, United States Code.’’. veterans fear their illnesses are linked (2) FEDERAL SENTENCING GUIDELINES EN- Mr. PRYOR (for himself and Mr. to the use of Agent Orange in the 1960s. HANCEMENT.—Pursuant to its authority BOOZMAN) submitted the following res- under section 994 of title 28, United States These veterans, however, have had dif- olution; which was considered and Code, the United States Sentencing Commis- ficulty in persuading the VA that their agreed to: sion shall review and amend the Federal Sen- health problems are related to this S. RES. 325 tencing Guidelines and policy statements to chemical exposure. ensure that the guidelines provide for a pen- By requiring the VA to establish a Whereas the goal of ‘‘National Toy Week’’ alty enhancement of not less than 1 offense registry of these veterans, we recognize is to recognize toys as the ‘‘tools of play’’, level for a violation of section 401(a) of the enriching the lives of young people for gen- these widespread concerns and provide erations; Controlled Substances Act (21 U.S.C. 841(a)) veterans with a way to make their if the offense involves the diversion, redirec- Whereas through play, children develop ac- tion, obstruction, or draining of an aquifer, claims known to the VA and to iden- tive minds, active bodies, and necessary so- spring, stream, river, or body of water or the tify commonalities among their shared cial skills; clear cut of timber while cultivating or man- experiences. It also provides the VA Whereas National Toy Week encourages ufacturing a controlled substance on Federal with the ability to reach out to vet- recognition of play as a universal pastime property or while intentionally trespassing erans on this issue of critical impor- that gives children of all ages the oppor- on the property of another. tance. tunity to spend time together and have fun; (d) BOOBY TRAPS ON FEDERAL LAND.—Sec- Last month, I personally raised this Whereas according to the Toy Industry As- sociation, the toy industry supports over tion 401(d)(1) of the Controlled Substances issue with the Canadian Minister of Act (21 U.S.C. 841(d)(1)) is amended by insert- 600,000 full-time jobs, accounting for more ing ‘‘cultivated,’’ after ‘‘is being’’. Defence. Many Canadian veterans who than $26,000,000,000 in wages; (e) USE OR POSSESSION OF FIREARMS IN CON- served or trained at CFB Gagetown Whereas the toy industry is estimated to NECTION WITH DRUG OFFENSES ON FEDERAL voiced similar concerns with their gov- have an economic impact of over LANDS.—Pursuant to its authority under sec- ernment. He described how the Govern- $75,000,000,000 in 2013 alone; and tion 994 of title 28, United States Code, the ment of Canada found a way to appro- Whereas throughout the history of the toy United States Sentencing Commission shall priately compensate service members industry, such industry has provided a review and amend the Federal Sentencing affected by the toxic chemicals used at wealth of creativity and innovation across Guidelines and policy statements to ensure the United States: Now, therefore, be it; that the guidelines provide for a penalty en- Gagetown. Ultimately, the Canadian Resolved, That the Senate— hancement of not less than 1 offense level for government approved one-time ex (1) designates the week of December 22 a violation of section 401(a) of the Controlled gratia payments of $20,000 for quali- through December 28, 2013, as ‘‘National Toy Substances Act (21 U.S.C. 841(a)) if the of- fying veterans who demonstrated that Week’’;

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE December 20, 2013 CONGRESSIONAL RECORD — SENATE S9109 (2) recognizes the necessary role of toys (5) 5 freshmen: Andrew Pesci, Ryan Rey- Whereas Kansas City locals Neal Patter- and play in the development of children nolds, Nate Fournier, Curtis Pereira, and son, Cliff Illig, Pat Curran, Greg Maday, and across the United States; Eddie Legg; Robb Heineman own Sporting Kansas City; (3) recognizes that, for 97 years, the toy in- Whereas 4 members of the 2013 SNHU Whereas Sporting Kansas City supporters dustry has promoted fun and safe play; and men’s soccer team hail from the State of are passionate, numerous, and diverse, and (4) encourages the people of the United New Hampshire; and belong to associations that include La Barra States to observe the week by enjoying toys Whereas the SNHU men’s soccer team KC, the Kansas City Cauldron, the Brookside and play. should be recognized for both its athletic and Elite, the Fountain City Ultras, the Mass St. scholastic accomplishments: Now, therefore, Mob, the King City Yardbirds, the Sporting SENATE RESOLUTION 326—CON- be it Militia, the Omaha Boys, Northland Noise, GRATULATING THE 2013 SOUTH- Resolved, That the Senate— the Trenches of SKC, JPOP, the Ladies of (1) congratulates the Southern New Hamp- SKC, KC Futbol Misfits, the Wedge, Ad Astra ERN NEW HAMPSHIRE UNIVER- KC, Wichita Wanderers, 417 Loyal, SITY MEN’S SOCCER TEAM ON shire University men’s soccer team on win- ning the National Collegiate Athletic Asso- Aggievillains, CoMo Cauldron, and the Kan- WINNING THE NATIONAL COLLE- ciation Division II Men’s Soccer Champion- sas City Chapter of the American Outlaws; GIATE ATHLETIC ASSOCIATION ship; and DIVISION II MEN’S SOCCER (2) recognizes the positive environment of Whereas Sporting Kansas City players CHAMPIONSHIP scholastic and athletic achievement fostered Matt Besler, Seth Sinovic, Christian Duke, Jon Kempin, and Kevin Ellis are natives of Mrs. SHAHEEN (for herself and Ms. at Southern New Hampshire University; and (3) requests the Secretary of the Senate to the Kansas City area and grew up playing AYOTTE) submitted the following reso- transmit an enrolled copy of this resolution soccer in the community: Now, therefore, be lution; which was considered and for appropriate display to— it agreed to: (A) Southern New Hampshire University; Resolved, That the Senate— S. RES. 326 (B) Paul J. LeBlanc, the president of (1) recognizes and extends congratulations to Sporting Kansas City for winning the Whereas, on December 7, 2013, the South- Southern New Hampshire University; and Major League Soccer Cup 2013; and ern New Hampshire University (SNHU) (C) Marc Hubbard, the head coach of the (2) commends the players, manager, coach- men’s soccer team, known as the Penmen, Southern New Hampshire University men’s es, owners, support staff, and club supporters won the National Collegiate Athletic Asso- soccer team. whose efforts and spirit made the 2013 season ciation (NCAA) Division II national cham- a historic success. pionship in Evans, Georgia, becoming the SENATE RESOLUTION 327—CON- second men’s soccer team in the history of GRATULATING SPORTING KAN- SNHU to win a national title; SAS CITY FOR AN OUTSTANDING SENATE CONCURRENT RESOLU- Whereas, with their victory over the Car- 2013 SEASON IN MAJOR LEAGUE TION 30—PROVIDING FOR A CON- son-Newman University Eagles, the Penman SOCCER AND FOR WINNING THE DITIONAL ADJOURNMENT OR RE- capped off a 23-game unbeaten streak as they MAJOR LEAGUE SOCCER CUP 2013 CESS OF THE SENATE AND AN ended their season with 22 wins, 1 loss, and 1 ADJOURNMENT OF THE HOUSE draw, tying the SNHU men’s soccer pro- Mr. MORAN (for himself and Mr. OF REPRESENTATIVES gram’s record for most wins in a season; ROBERTS) submitted the following reso- Whereas the State of New Hampshire and lution; which was considered and Mr. DURBIN submitted the following the City of Manchester are immensely proud agreed to: concurrent resolution; which was con- of the SNHU men’s soccer team, and recog- S. RES. 327 sidered and agreed to: nize the teamwork and dedication required S. CON. RES. 30 to win a national championship; Whereas on December 7, 2013, Sporting Whereas the student-athletes of SNHU Kansas City won the Major League Soccer Resolved by the Senate (the House of Rep- demonstrate the same dedication to their Cup 2013 by defeating Real Salt Lake in a resentatives concurring), That when the Sen- studies as they do to athletics, having pre- penalty shootout, after 120 minutes of play ate recesses or adjourns on any day from Fri- viously received the USA Today NCAA Foun- concluded with a draw; day, December 20, 2013, through Tuesday, De- dation Academic Achievement Award in rec- Whereas the Major League Soccer Cup 2013 cember 31, 2013, on a motion offered pursuant ognition of the high graduation rate of occurred in a sold-out stadium of 21,650 peo- to this concurrent resolution by its Majority SNHU student-athletes; ple at Sporting Park, in Kansas City, Kan- Leader or his designee, it stand adjourned Whereas the SNHU men’s soccer team was sas; until 11:45 a.m. on Friday, January 3, 2014, or honored in 2013 with the Northeast-10 Team Whereas the recorded temperature at the until the time of any reassembly pursuant to Academic Excellence Award for having the kickoff of the Major League Soccer Cup 2013 section 2 of this concurrent resolution, highest team grade point average in the was 20 degrees Fahrenheit, the coldest kick- whichever occurs first; and that when the Northeast-10 Conference for men’s soccer, off-temperature of any game in the history House adjourns on any legislative day from and SNHU sophomore Brad Campion received of Major League Soccer; Monday, December 23, 2013, through Tues- the Elite 89 award for the highest cumulative Whereas Sporting Kansas City defender day, December 31, 2013, on a motion offered grade point average at the 2013 NCAA Divi- Aurelien Collin was named the Major League pursuant to this concurrent resolution by its sion II Men’s Soccer Championship; Soccer Cup Most Valuable Player; Majority Leader or his designee, it stand ad- Whereas SNHU men’s soccer head coach Whereas Sporting Kansas City finished the journed until 11:00 a.m. on Friday, January 3, Marc Hubbard, a native of Durham, New Major League Soccer regular season of 2013 2014, or until the time of any reassembly pur- Hampshire, has led the Penmen to NCAA in second place, a single win short of secur- suant to section 3 of this concurrent resolu- tournament berths in each of his 6 seasons as ing the Major League Soccer Supporters’ tion, whichever occurs first. a coach, in addition to 2 Northeast-10 regular Shield, with a record of 17 wins, 10 loses, and Sec. 2. (a) The Majority Leader of the Sen- season and tournament titles, and has twice 7 draws; ate or his designee, after consultation with been honored as the Northeast-10 Coach of Whereas Sporting Park, in Kansas City, the Minority Leader of the Senate, shall no- the Year; Kansas, has hosted the qualifying matches tify the Members of the Senate to reassem- Whereas assistant coaches Josh Taylor, for the 2014 FIFA World Cup, the Confed- ble at such place and time he may designate Rich Weinrebe, Dave Williams, and Phil eration of North, Central American and Car- if, in his opinion, the public interest shall Tuttle leveraged their years of experience ibbean Association Football Gold Cup, the warrant it. playing and coaching the game of soccer to 2013 Major League Soccer All-Star Game, (b) After reassembling pursuant to sub- support Coach Hubbard and the team; and the Major League Soccer Cup 2013; section (a), when the Senate adjourns on a Whereas the 2013 Southern New Hampshire Whereas several Sporting Kansas City motion offered pursuant to this subsection University men’s soccer team is comprised players represent the United States in inter- by the Majority Leader or his designee, the of— national soccer games; Senate shall again stand adjourned pursuant (1) 1 graduate student: Callum Williams; Whereas Sporting Kansas City will play as to the first section of this concurrent resolu- (2) 4 seniors: Dom DiMaggio, Christian one of the soccer clubs representing the tion. Rodriguez, Pierre Omanga, and Brian United States in the 2014–2015 Confederation Sec. 3. (a) The Speaker or his designee, Francolini; of North, Central American and Caribbean after consultation with the Minority Leader (3) 9 juniors: Yannick Kabala, Joe Mahr, Association Football Champions League; of the House, shall notify the Members of the Mohamed Toufik, Danillo Andrade, Kenny Whereas Sporting Kansas City manager House to reassemble at such place and time Doublette, Kyle Logan, Miguel Carneiro, Peter Vermes was elected to the National he may designate if, in his opinion, the pub- Keegan Campbell, and Chris Pereira; Soccer Hall of Fame in 2013; lic interest shall warrant it. (4) 7 sophomores: Myles Groenloh, Jona- Whereas Kansas City has a rich soccer his- (b) After reassembling pursuant to sub- than Lupinelli, Brad Campion, Ryan Simp- tory, participating as the Kansas City Wiz in section (a), when the House adjourns on a son, Sebastian Stezewski, Julian Omeally, the first season of Major League Soccer in motion offered pursuant to this subsection and Dominic Samuel; and 1996; by the Speaker or his designee, the House

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S9110 CONGRESSIONAL RECORD — SENATE December 20, 2013 shall again stand adjourned pursuant to the To be brigadier general Navy to the grade indicated while assigned first section of this concurrent resolution. Col. Michael T. McGuire to a position of importance and responsi- f The following named officer for appoint- bility under title 10, U.S.C., section 601: EXECUTIVE SESSION ment in the United States Air Force to the To be vice admiral grade indicated while assigned to a position Rear Adm. Joseph P. Mulloy of importance and responsibility under title EXECUTIVE CALENDAR 10, U.S.C., section 601: f Mr. DURBIN. Madam President, I ask To be lieutenant general NOMINATIONS PLACED ON THE unanimous consent that the Senate Maj. Gen. John W. Raymond SECRETARY’S DESK proceed to executive session to con- IN THE ARMY sider the following nominations: Cal- The following named officer for appoint- IN THE AIR FORCE endar Nos. 460 through and including ment in the United States Army to the grade PN949 AIR FORCE nominations (40) begin- Calendar No. 477, and all nominations indicated under title 10, U.S.C., section 624: ning STANTON J. J. APPLONIE, and ending on the Secretary’s desk in the Air To be major general RICHARD J. ZAVADIL, which nominations Brigadier General Charles A. Flynn were received by the Senate and appeared in Force, Army, and Navy; that the nomi- the Congressional Record of October 30, 2013. nations be confirmed en bloc, the mo- The following named officer for appoint- PN950 AIR FORCE nominations (61) begin- tions to reconsider be considered made ment in the United States Army to the grade ning JAMES D. ATHNOS, and ending STE- and laid upon the table, with no inter- indicated while assigned to a position of im- PHEN M. WILLIAMS, which nominations vening action or debate; that no fur- portance and responsibility under title 10, were received by the Senate and appeared in U.S.C., section 601: ther motions be in order to any of the the Congressional Record of October 30, 2013. To be general nominations; that any related state- PN951 AIR FORCE nominations (114) begin- Lt. Gen. David G. Perkins ning PAIGE T. ABBOTT, and ending RENO ments be printed in the RECORD; and JOSEPH ZISA, which nominations were re- that the President be immediately no- The following named officers for appoint- ment to the grade indicated in the United ceived by the Senate and appeared in the tified of the Senate’s action. States Army under title 10, U.S.C., section Congressional Record of October 30, 2013. The PRESIDING OFFICER. Is there 624: PN965 AIR FORCE nominations (4) begin- ning SCOTT A. HABER, and ending YVES P. objection? To be brigadier general Without objection, it is so ordered. LEBLANC, which nominations were received The nominations considered and con- Colonel James T. Iacocca by the Senate and appeared in the Congres- firmed en bloc are as follows: Colonel Daniel G. Mitchell sional Record of November 7, 2013. Colonel Kurt L. Sonntag f IN THE ARMY The following Army National Guard of the NOMINATIONS PN934 ARMY nomination of Jesus M. United States officer for appointment in the Munozlasalle, which was received by the IN THE AIR FORCE Reserve of the Army to the grade indicated Senate and appeared in the Congressional The following named officer for appoint- under title 10, U.S.C., section 12203 and 12211: Record of October 28, 2013. ment in the Reserve of the Air Force to the To be brigadier general PN935 ARMY nominations (18) beginning grade indicated under title 10, U.S.C., section Col. Anthony L. Hall WAYNE J. AARON, and ending ANN H. 12203: The following named officer for appoint- ZGRODNIK, which nominations were re- To be major general ment in the United States Army to the grade ceived by the Senate and appeared in the Brig. Gen. Paul S. Dwan indicated under title 10, U.S.C., sections 624, Congressional Record of October 28, 2013. PN936 ARMY nominations (2) beginning The following named officers for appoint- 3037 and 3064: JOHN R. DOOLITTLE, II, and ending ment in the Reserve of the Air Force to the To be brigadier general, judge advocate BAUCUM W. FULK, which nominations were grade indicated under title 10, U.S.C., section general’s corps received by the Senate and appeared in the 12203: Col. Paul S. Wilson Congressional Record of October 28, 2013. To be major general The following named officer for appoint- PN952 ARMY nominations (5) beginning Brigadier General Catherine A. Chilton ment in the United States Army to the grade STEVEN T. GREINER, and ending CHERYL Brigadier General Stayce D. Harris indicated while assigned to a position of im- D. SOFALY, which nominations were re- Brigadier General William B. Waldrop, Jr. portance and responsibility under title 10, ceived by the Senate and appeared in the Brigadier General Tommy J. Williams U.S.C., section 601: Congressional Record of October 30, 2013. The following named officer for appoint- To be lieutenant general PN953 ARMY nominations (3) beginning ment in the Reserve of the Air Force to the Maj. Gen. Robert S. Ferrell STANLEY T. BREUER, and ending DEYDRE S. TEYHEN, which nominations were re- grade indicated under title 10, U.S.C., section The following named officer for appoint- ceived by the Senate and appeared in the 12203: ment in the United States Army to the grade To be brigadier general Congressional Record of October 30, 2013. indicated while assigned to a position of im- PN954 ARMY nominations (34) beginning Col. Josef F. Schmid, III portance and responsibility under title 10, KIMBERLEE A. AIELLO, and ending JEF- The following named officers for appoint- U.S.C., section 601: FREY S. YARVIS, which nominations were ment in the Reserve of the Air Force to the To be lieutenant general received by the Senate and appeared in the grade indicated under title 10, U.S.C., section Lt. Gen. Joseph Anderson Congressional Record of October 30, 2013. 12203: IN THE NAVY PN955 ARMY nominations (23) beginning To be brigadier general The following named officer for appoint- ROBIN M. ADAMSMASSENBURG, and end- Colonel Talentino C. Angelosante ment in the United States Navy to the grade ing VERONICA A. VILLAFRANCA, which Colonel James R. Barkley indicated under title 10, U.S.C., section 624: nominations were received by the Senate and appeared in the Congressional Record of Oc- Colonel Thomas G. Clark To be rear admiral Colonel Michael J. Cole tober 30, 2013. Rear Adm. (lh) Rebecca J. McCormick-Boyle Colonel Samuel C. Mahaney PN998 ARMY nominations (5) beginning DAVID A. CENITI, and ending EDWARD M. Colonel Brett J. McMullen The following named officer for appoint- REILLY, which nominations were received Colonel Jose R. Monteagudo ment as Vice Chief of Naval Operations and by the Senate and appeared in the Congres- Colonel Randall A. Ogden appointment in the United States Navy to the grade indicated while assigned to a posi- sional Record of November 19, 2013. Colonel John P. Stokes tion of importance and responsibility under PN1026 ARMY nominations (40) beginning Colonel Stephen D. Vautrain title 10, U.S.C., sections 601 and 5035: NACY J. ALOUISE, and ending D011605, The following Air National Guard of the To be admiral which nominations were received by the Sen- United States officer for appointment in the ate and appeared in the Congressional Vice Adm. Michelle J. Howard Reserve of the Air Force to the grade indi- Record of December 12, 2013. cated under title 10, U.S.C., section 12203 and The following named officer for appoint- IN THE NAVY 12212: ment in the United States Navy to the grade PN987 NAVY nomination of Corey N. Doo- To be brigadier general indicated while assigned to a position of im- little, which was received by the Senate and Col. Stephen E. Rader portance and responsibility under title 10, U.S.C., section 601: appeared in the Congressional Record of No- The following Air National Guard of the vember 13, 2013. United States officer for appointment in the To be admiral PN988 NAVY nominations (38) beginning Reserve of the Air Force to the grade indi- Adm. Mark E. Ferguson, III CHRISTOPHER W. ACOR, and ending cated under title 10, U.S.C., section 12203 and The following named officer for appoint- AMANDA H. ZAWORA, which nominations 12212: ment in the Reserve of the United States were received by the Senate and appeared in

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE December 20, 2013 CONGRESSIONAL RECORD — SENATE S9111 the Congressional Record of November 13, Mr. DURBIN. I ask unanimous con- the rights of all Iranian nationals, including 2013. sent that the bill be read three times members of the Baha’i Faith; PN999 NAVY nomination of Julie A. Meier, and passed, and the motion to recon- Whereas the United States Commission on which was received by the Senate and ap- sider be laid upon the table, with no in- International Religious Freedom 2012 Report peared in the Congressional Record of No- stated, ‘‘The Baha’i community has long vember 19, 2013. tervening action or debate. been subject to particularly severe religious PN1000 NAVY nomination of Krysten J. The PRESIDING OFFICER. Without freedom violations in Iran. Baha’is, who Pelstring, which was received by the Senate objection, it is so ordered. number at least 300,000, are viewed as and appeared in the Congressional Record of The bill (H.R. 3343) was ordered to a ‘heretics’ by Iranian authorities and may November 19, 2013. third reading, was read the third time, face repression on the grounds of apostasy.’’; PN1027 NAVY nomination of Michael R. and passed. Whereas the United States Commission on Saum, which was received by the Senate and International Religious Freedom 2012 Report appeared in the Congressional Record of De- f stated, ‘‘Since 1979, Iranian government au- cember 12, 2013. FEDERAL ELECTION CAMPAIGN thorities have killed more than 200 Baha’i f ADMINISTRATIVE FINES PRO- leaders in Iran and dismissed more than 10,000 from government and university NOMINATIONS DISCHARGED GRAM EXTENSION jobs.’’; Mr. DURBIN. Mr. President, I ask Mr. DURBIN. Mr. President, I ask Whereas the United States Commission on unanimous consent that the Commerce unanimous consent that the Senate International Religious Freedom 2012 Report Committee be discharged from further proceed to the consideration of H.R. stated, ‘‘Baha’is may not establish places of consideration of PN 877 and 878; that 3487, which was received from the worship, schools, or any independent reli- House and is at the desk. gious associations in Iran.’’; the nominations be confirmed; the mo- Whereas the United States Commission on tion to reconsider be considered made The PRESIDING OFFICER. The International Religious Freedom 2012 Report and laid upon the table, with no inter- clerk will report the bill by title. stated, ‘‘Baha’is are barred from the military vening action or debate; that no fur- The assistant legislative clerk read and denied government jobs and pensions as ther motions be in order to the nomi- as follows: well as the right to inherit property. Their nation; that any related statements be A bill (H.R. 3487) to amend the Federal marriages and divorces also are not recog- printed in the Record; and that the Election Campaign Act to extend through nized, and they have difficulty obtaining President be immediately notified of 2018 the authority of the Federal Election death certificates. Baha’i cemeteries, holy Commission to impose civil money penalties places, and community properties are often the Senate’s actions and the Senate seized or desecrated, and many important re- then resume legislative session. on the basis of a schedule of penalties estab- lished and published by the Commission, to ligious sites have been destroyed.’’; The PRESIDING OFFICER. Without expand such authority to certain other viola- Whereas the United States Commission on objection, it is so ordered. tions, and for other purposes. International Religious Freedom 2012 Report stated, ‘‘The Baha’i community faces severe The nominations considered and con- There being no objection, the Senate firmed en bloc are as follows: economic pressure, including denials of jobs proceeded to consider the bill. in both the public and private sectors and of IN THE U.S. COAST GUARD Mr. DURBIN. I ask unanimous con- business licenses. Iranian authorities often The following named officer for appoint- sent that the bill be read three times pressure employers of Baha’is to dismiss ment in the United States Coast Guard Re- and passed, that the motion to recon- them from employment in the private sec- serve to the grade indicated under title 10, sider be made, and laid upon the table, tor.’’; U.S.C., section 12203a: with no intervening action or debate. Whereas the Department of State 2011 To be rear admiral (lower half) The PRESIDING OFFICER. Without International Religious Freedom Report Capt. Francis S. Pelkowski, 9110 stated, ‘‘The government prohibits Baha’is objection, it is so ordered. from teaching and practicing their faith and The following named officers for appoint- The bill (H.R. 3487) was ordered to a subjects them to many forms of discrimina- ment in the United States Coast Guard to third reading, was read the third time, tion that followers of other religions do not the grade indicated under title 14, U.S.C. sec- and passed. face.’’; tion 271(e): Whereas the Department of State 2011 f To be rear admiral (lh) International Religious Freedom Report Capt. Meridith L. Austin, 2762 CONDEMNING THE GOVERNMENT stated, ‘‘According to [Iranian] law, Baha’i Capt. Peter W. Gautier, 7093 OF IRAN blood is considered ‘mobah’, meaning it can Capt. Michael J. Haycock, 0599 be spilled with impunity.’’; Capt. James M. Heinz, 3785 Mr. DURBIN. Mr. President, I ask Whereas the Department of State 2011 Capt. Kevin E. Lunday, 2704 unanimous consent that the Senate International Religious Freedom Report Capt. Todd A. Sokalzuk, 8840 proceed to Calendar No. 269, S. Res. 75. stated that ‘‘members of religious minori- Capt. Paul F. Thomas, 4877 The PRESIDING OFFICER. The ties, with the exception of Baha’is, can serve f clerk will report the resolution by in lower ranks of government employment’’, title. and ‘‘Baha’is are barred from all leadership LEGISLATIVE SESSION positions in the government and military’’; The assistant legislative clerk read The PRESIDING OFFICER. The Sen- Whereas the Department of State 2011 as follows: International Religious Freedom Report ate will now resume legislative session. A resolution (S. Res. 75) condemning the stated, ‘‘Baha’is suffered frequent govern- f Government of Iran for its state-sponsored ment harassment and persecution, and their AMENDING THE DISTRICT OF persecution of its Baha’i minority and its property rights generally were disregarded. continued violation of the International Cov- The government raided Baha’i homes and COLUMBIA HOME RULE ACT enants on Human Rights. businesses and confiscated large amounts of Mr. DURBIN. Mr. President, I ask There being no objection, the Senate private and commercial property, as well as unanimous consent that the Senate proceeded to consider the resolution, religious materials belonging to Baha’is.’’; Whereas the Department of State 2011 proceed to the consideration of H.R. which had been reported from the Com- 3343, which was received from the International Religious Freedom Report mittee on Foreign Relations with an stated, ‘‘Baha’is also are required to register House and is at the desk. amendment and an amendment to the with the police.’’; The PRESIDING OFFICER. Without preamble. Whereas the Department of State 2011 objection, it is so ordered. (Omit the part in boldface brackets International Religious Freedom Report The clerk will report the bill by title. and insert the part printed in italic. stated that ‘‘[p]ublic and private universities The assistant legislative clerk read (Strike the preamble and insert the continued to deny admittance to and ex- as follows: part printed in italic.) pelled Baha’i students’’ and ‘‘[d]uring the year, at least 30 Baha’is were barred or ex- A bill (H.R. 3343) to amend the District of S. RES. 75 pelled from universities on political or reli- Columbia Home Rule Act to clarify the rules øWhereas, in 1982, 1984, 1988, 1990, 1992, 1994, gious grounds’’; regarding the determination of the com- 1996, 2000, 2006, 2008, 2009, 2012, and 2013, Con- Whereas the Department of State 2011 pensation of the Chief Financial Officer of gress declared that it deplored the religious International Religious Freedom Report the District of Columbia. persecution by the Government of Iran of the stated, ‘‘Baha’is are regularly denied com- There being no objection, the Senate Baha’i community and would hold the Gov- pensation for injury or criminal victimiza- proceeded to the bill. ernment of Iran responsible for upholding tion.’’;

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S9112 CONGRESSIONAL RECORD — SENATE December 20, 2013 Whereas, on March 6, 2012, the United Na- Whereas, on February 28, 2013, the United Rights and is in violation of its obligations tions Special Rapporteur on the situation of Nations Special Rapporteur on the situation under the Covenants; and human rights in the Islamic Republic of Iran of human rights in the Islamic Republic of Whereas the Comprehensive Iran Sanc- issued a report (A/HRC/19/66), which stated Iran issued a report (A/HRC/22/56), which tions, Accountability, and Divestment Act of that ‘‘the Special Rapporteur continues to be stated, ‘‘110 Bahai’s are currently detained in 2010 (Public Law 111–195) authorizes the alarmed by communications that dem- Iran for exercising their faith, including two President and the Secretary of State to im- onstrate the systemic and systematic perse- women, Mrs. Zohreh Nikayin and Mrs. pose sanctions on individuals ‘‘responsible cution of members of unrecognized religious Taraneh Torabi, who are reportedly nursing for or complicit in, or responsible for order- communities, particularly the Baha’i com- infants in prison.’’; ing, controlling, or otherwise directing, the munity, in violation of international conven- Whereas, in March and May of 2008, intel- commission of serious human rights abuses tions’’ and expressed concern regarding ‘‘an ligence officials of the Government of Iran in against citizens of Iran or their family mem- intensive defamation campaign meant to in- Mashhad and Tehran arrested and impris- bers on or after June 12, 2009’’: Now, there- cite discrimination and hate against Ba- oned Mrs. Fariba Kamalabadi, Mr. fore, be it¿ ha’is’’; Jamaloddin Khanjani, Mr. Afif Naeimi, Mr. Whereas, in 1982, 1984, 1988, 1990, 1992, 1994, Whereas, on May 23, 2012, the United Na- Saeid Rezaie, Mr. Behrouz Tavakkoli, Mrs. 1996, 2000, 2006, 2008, 2009, 2012, and 2013, Con- tions Secretary-General issued a report (A/ Mahvash Sabet, and Mr. Vahid Tizfahm, the gress declared that it deplored the religious per- HRC/19/82), which stated that ‘‘the Special seven members of the ad hoc leadership secution by the Government of Iran of the Rapporteur on freedom of religion or belief group for the Baha’i community in Iran; Baha’i community and would hold the Govern- . . . pointed out that the Islamic Republic of Whereas, in August 2010, the Revolutionary ment of Iran responsible for upholding the Iran had a policy of systematic persecution Court in Tehran sentenced the seven Baha’i rights of all Iranian nationals, including mem- of persons belonging to the Baha’i faith, ex- leaders to 20-year prison terms on charges of bers of the Baha’i Faith; cluding them from the application of free- ‘‘spying for Israel, insulting religious sanc- Whereas the United States Commission on dom of religion or belief by simply denying tities, propaganda against the regime and International Religious Freedom 2013 Report that their faith had the status of a religion’’; spreading corruption on earth’’; stated that ‘‘[t]he Baha’i community has long Whereas, on August 22, 2012, the United Na- Whereas the lawyer for these seven leaders, been subject to particularly severe religious free- tions Secretary-General issued a report (A/67/ Mrs. Shirin Ebadi, the Nobel Laureate, was dom violations,’’ and that ‘‘[s]ince 1979, the gov- 327), which stated, ‘‘The international com- denied meaningful or timely access to the ernment has killed more than 200 Baha’i leaders munity continues to express concerns about prisoners and their files, and her successors in Iran and dismissed more than 10,000 from the very serious discrimination against eth- as defense counsel were provided extremely government and university jobs,’’ in addition to nic and religious minorities in law and in limited access; prohibiting them from establishing ‘‘places of practice, in particular the Baha’i commu- Whereas these seven Baha’i leaders were worship, schools, or any independent religious nity. The Special Rapporteur on the situa- targeted solely on the basis of their religion; associations’’; tion of human rights in the Islamic Republic Whereas, beginning in May 2011, Govern- Whereas the United States Commission on of Iran expressed alarm about the systemic ment of Iran officials in four cities con- International Religious Freedom 2013 Report and systematic persecution of members of ducted sweeping raids on the homes of doz- found that Baha’i marriages and divorces are the Baha’i community, including severe so- ens of individuals associated with the Baha’i not recognized and Baha’i holy places and com- cioeconomic pressure and arrests and deten- Institute for Higher Education (BIHE) and munity properties are often seized or destroyed, tion. He also deplored the Government’s tol- arrested and detained several educators asso- and stated, ‘‘The Baha’i community faces severe erance of an intensive defamation campaign ciated with BIHE; economic pressure, including denials of jobs in aimed at inciting discrimination and hate Whereas, in October 2011, the Revolu- both the public and private sectors and of busi- against Baha’is.’’; tionary Court in Tehran sentenced seven of ness licenses. Iranian authorities often pressure Whereas, on September 13, 2012, the United these BIHE instructors and administrators, employers of Baha’is to dismiss them from pri- Nations Special Rapporteur on the situation Mr. Vahid Mahmoudi, Mr. Kamran vate sector employment.’’; of human rights in the Islamic Republic of Mortezaie, Mr. Mahmoud Badavam, Ms. Whereas the Department of State 2012 Inter- Iran issued a report (A/67/369), which stated, Nooshin Khadem, Mr. Farhad Sedghi, Mr. national Religious Freedom Report stated that ‘‘Reports and interviews submitted to the Riaz Sobhani, and Mr. Ramin Zibaie, to pris- the Government of Iran ‘‘prohibits Baha’is from Special Rapporteur also continue to portray on terms for the crime of ‘‘membership of teaching and practicing their faith and subjects a disturbing trend with regard to religious the deviant sect of Baha’ism, with the goal them to many forms of discrimination not faced freedom in the country. Members of both of taking action against the security of the by members of other religious groups’’ and ‘‘re- recognized and unrecognized religions have country, in order to further the aims of the quires Baha’is to register with the police’’; reported various levels of intimidation, ar- deviant sect and those of organizations out- Whereas the Department of State 2012 Inter- rest, detention and interrogation that focus side the country’’; national Religious Freedom Report stated that on their religious beliefs.’’, and stated, ‘‘At Whereas six of these educators remain im- ‘‘[the] government raided Baha’i homes and the time of drafting the report, 105 members prisoned, with Mr. Mortezaie serving a 5-year businesses and confiscated large amounts of pri- of the Baha’i community were reported to be prison term and Mr. Badavam, Ms. Khadem, vate and commercial property, as well as reli- in detention.’’; Mr. Sedghi, Mr. Sobhani, and Mr. Zibaie gious materials,’’ and found that ‘‘Baha’is are Whereas, on November 27, 2012, the Third serving 4-year prison terms; regularly denied compensation for injury or Committee of the United Nations General Whereas, since October 2011, four other criminal victimization’’; Assembly adopted a draft resolution (A/C.3/ BIHE educators have been arrested and im- Whereas the Department of State 2012 Inter- 67/L.51), which noted, ‘‘[I]ncreased persecu- prisoned, with Ms. Faran Hessami, Mr. national Religious Freedom Report stated that tion and human rights violations against Kamran Rahimian, and Mr. Shahin Negari ‘‘[the] government, since the Islamic Revolution, persons belonging to unrecognized religious serving 4-year prison terms, and Mr. Kayvan formally denies Baha’i students access to higher minorities, particularly members of the Rahimian serving a 5-year prison term; education,’’ and ‘‘[p]ublic and private univer- Baha’i faith and their defenders, including Whereas the efforts of the Government of sities continued to deny admittance and expel escalating attacks, an increase in the num- Iran to collect information on individual Ba- Baha’i students’’; ber of arrests and detentions, the restriction ha’is have recently intensified as evidenced Whereas, on May 23, 2012, the United Nations of access to higher education on the basis of by a letter, dated November 5, 2011, from the Secretary-General issued a report (A/HRC/19/82), religion, the sentencing of twelve Baha’is as- Director of the Department of Education in which stated that ‘‘the Special Rapporteur on sociated with Baha’i educational institutions the county of Shahriar in the province of freedom of religion or belief . . . pointed out to lengthy prison terms, the continued de- Tehran, instructing the directors of schools that the Islamic Republic of Iran had a policy of nial of access to employment in the public in his jurisdiction to ‘‘subtly and in a con- systematic persecution of persons belonging to sector, additional restrictions on participa- fidential manner’’ collect information on the Baha’i faith, excluding them from the appli- tion in the private sector, and the de facto Baha’i students; cation of freedom of religion or belief by simply criminalization of membership in the Baha’i Whereas the Baha’i community continues denying that their faith had the status of a reli- faith.’’; to undergo intense economic and social pres- gion’’; Whereas, on December 20, 2012, the United sure, including an ongoing campaign in the Whereas, on November 27, 2012, the Third Nations General Assembly adopted a resolu- town of Semnan, where the Government of Committee of the United Nations General Assem- tion (A/RES/67/182), which called upon the Iran has harassed and detained Baha’is, bly adopted a draft resolution (A/C.3/67/L.51), government of Iran ‘‘[t]o eliminate discrimi- closed 17 Baha’i owned businesses in the last which noted, ‘‘[I]ncreased persecution and nation against, and exclusion of . . . members three years, and imprisoned several members human rights violations against persons belong- of the Baha’i Faith, regarding access to high- of the community, including three mothers ing to unrecognized religious minorities, par- er education, and to eliminate the criminal- along with their infants; ticularly members of the Baha’i [F]aith and ization of efforts to provide higher education Whereas ordinary Iranian citizens who be- their defenders, including escalating attacks, an to Baha’i youth denied access to Iranian uni- long to the Baha’i Faith are disproportion- increase in the number of arrests and deten- versities,’’ and ‘‘to accord all Baha’is, includ- ately targeted, interrogated, and detained tions, the restriction of access to higher edu- ing those imprisoned because of their beliefs, under the pretext of national security; cation on the basis of religion, the sentencing of the due process of law and the rights that Whereas the Government of Iran is party twelve Baha’is associated with Baha’i edu- they are constitutionally guaranteed’’; to the International Covenants on Human cational institutions to lengthy prison terms, the

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00042 Fmt 0637 Sfmt 6333 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE December 20, 2013 CONGRESSIONAL RECORD — SENATE S9113 continued denial of access to employment in the gion or belief, Heiner Bielefeldt, and the Inde- tions, to immediately condemn the Govern- public sector, additional restrictions on partici- pendent Expert on Minorities issues, Rita Iza´ sk, ment of Iran’s continued violation of human pation in the private sector, and the de facto released a statement ‘‘call[ing] on the Iranian rights and demand the immediate release of criminalization of membership in the Baha’i authorities for the immediate release of seven prisoners held solely on account of their reli- [F]aith.’’; Baha’i community leaders, known as the Yaran, gion; and Whereas, on December 20, 2012, the United nearing the fifth anniversary of their arrests, (4) urges the President and Secretary of Nations General Assembly adopted a resolution whose detentions were declared arbitrary by the State to utilize all available authorities, in- (A/RES/67/182), which called upon the govern- UN Working Group on Arbitrary Detention, on cluding the Comprehensive Iran Sanctions, ment of Iran ‘‘[t]o eliminate discrimination 20 November 2008’’; Accountability, and Divestment Act of 2010, against, and exclusion of . . . members of the Whereas, beginning in May 2011, Government to impose sanctions on officials of the Gov- Baha’i Faith, regarding access to higher edu- of Iran officials in four cities conducted sweep- ernment of Iran and other individuals di- cation, and to eliminate the criminalization of ing raids on the homes of dozens of individuals rectly responsible for serious human rights efforts to provide higher education to Baha’i associated with the Baha’i Institute for Higher abuses, including abuses against the Baha’i youth denied access to Iranian universities,’’ Education (BIHE) and arrested and detained community of Iran. and ‘‘to accord all Baha’is, including those im- several educators associated with BIHE; Whereas, in October 2011, the Revolutionary Mr. DURBIN. I further ask that the prisoned because of their beliefs, the due process committee-reported amendment to the of law and the rights that they are constitu- Court in Tehran sentenced seven of these BIHE tionally guaranteed’’; instructors and administrators, Mr. Vahid resolution be agreed to; the resolution, Whereas, on February 28, 2013, the United Na- Mahmoudi, Mr. Kamran Mortezaie, Mr. as amended, be agreed to, the com- tions Special Rapporteur on the situation of Mahmoud Badavam, Ms. Nooshin Khadem, Mr. mittee-reported amendment to the pre- human rights in the Islamic Republic of Iran Farhad Sedghi, Mr. Riaz Sobhani, and Mr. amble be agreed to; the preamble, as issued a report (A/HRC/22/56), which stated that Ramin Zibaie, to prison terms for the crime of amended, be agreed to; and the motions ‘‘110 Bahai’s are currently detained in Iran for ‘‘membership of the deviant sect of Baha’ism, with the goal of taking action against the secu- to reconsider be considered made and exercising their faith,’’ and found that Baha’is laid upon the table, with no inter- in the cities of Semnan, Gorgon, and Hamadan rity of the country, in order to further the aims have especially faced increasing persecution of the deviant sect and those of organizations vening action or debate. over the last three years, including raids, ar- outside the country,’’ with six of them remain- The PRESIDING OFFICER (Ms. rests, physical violence, arson, vandalism to ing imprisoned; BALDWIN). Without objection, it is so their homes, business, and grave sites, and gov- Whereas, since October 2011, six other BIHE ordered. ernment closings of Baha’i-owned businesses; educators have been arrested and imprisoned, The committee amendment was Whereas, on February 28, 2013, the United Na- with Ms. Faran Hessami, Mr. Kamran agreed to. Rahimian, and Mr. Shahin Negari serving 4- tions Secretary-General issued a report (A/HRC/ The resolution (S. Res. 75), as amend- 22/48), which stated, ‘‘An ongoing anti-Baha’i year prison terms, and Mr. Kayvan Rahimian, Dr. Foad Moghaddam, and Mr. Amanollah ed, was agreed to. media campaign resulted in increasing attacks The committee amendment to the on its members and their properties. This na- Mostaghim serving 5-year prison terms; Whereas the efforts of the Government of Iran preamble was agreed to. tional campaign that consists of [a]nti-Baha’i to collect information on individual Baha’is The preamble, as amended, was pamphlets, posters, seminars and the broad- have recently intensified as evidenced by a let- casting of anti-Baha’i speeches on radio net- agreed to. ter, dated November 5, 2011, from the Director of works appears to be tacitly condoned by the au- The resolution (S. Res. 75), as amend- the Department of Education in the county of thorities. In addition, anti-Baha’i speeches ed, was agreed to. Shahriar in the province of Tehran, instructing [were] reportedly delivered to different audi- The preamble, as amended, was the directors of schools in his jurisdiction to ences including schools, youth organizations ‘‘subtly and in a confidential manner’’ collect agreed to. and the general public.’’; information on Baha’i students; The resolution, with its preamble, Whereas, on October 4, 2013, the United Na- Whereas, since September 2013, the Govern- reads as follows: tions Special Rapporteur on the situation of ment of Iran has imprisoned four Baha’i moth- S. RES. 75 human rights in the Islamic Republic of Iran ers, Taraneh Torabi, Zohreh Nikayin, Neda issued a report (A/68/503), which stated, ‘‘The Whereas, in 1982, 1984, 1988, 1990, 1992, 1994, Majidi, and Elham Rouzbehi, along with their 1996, 2000, 2006, 2008, 2009, 2012, and 2013, Con- Special Rapporteur continues to observe what infant children, and Ms. Torabi, Ms. Nikayin, appears to be an escalating patter of systematic gress declared that it deplored the religious and Ms. Rouzbehi remain imprisoned with their persecution by the Government of Iran of the human rights violations targeting members of children; the Baha’i community, who face arbitrary de- Baha’i community and would hold the Gov- Whereas, on August 24, 2013, Mr. Ataollah ernment of Iran responsible for upholding tention, torture and ill-treatment, national secu- Rezvani, an active member of the Baha’i com- rity charges for active involvement in religious the rights of all Iranian nationals, including munity of Bandar Abbas, Iran, was found shot members of the Baha’i Faith; affairs, restrictions on religious practice, denial in his car on the outskirts of the city, in what Whereas the United States Commission on of higher education, obstacles to State employ- may be a religiously motivated murder during a International Religious Freedom 2013 Report ment and abuses within schools.’’; time of increased pressure on Iran’s religious mi- stated that ‘‘[t]he Baha’i community has Whereas, in March and May of 2008, intel- norities and a surge in anti-Baha’i rhetoric by long been subject to particularly severe reli- ligence officials of the Government of Iran in various clerics; Mashhad and Tehran arrested and imprisoned Whereas, in September 2013, the Government gious freedom violations,’’ and that ‘‘[s]ince Mrs. Fariba Kamalabadi, Mr. Jamaloddin of Iran released a number of prisoners of con- 1979, the government has killed more than Khanjani, Mr. Afif Naeimi, Mr. Saeid Rezaie, science, and none of the prisoners released were 200 Baha’i leaders in Iran and dismissed more Mr. Behrouz Tavakkoli, Mrs. Mahvash Sabet, known to be Baha’is; than 10,000 from government and university and Mr. Vahid Tizfahm, the seven members of Whereas the Government of Iran is party to jobs,’’ in addition to prohibiting them from the ad hoc leadership group for the Baha’i com- the International Covenants on Human Rights establishing ‘‘places of worship, schools, or munity in Iran, known as the Yaran-i-Iran, or and is in violation of its obligations under the any independent religious associations’’; ‘‘friends of Iran’’; Covenants; and Whereas the United States Commission on Whereas, in August 2010, the Revolutionary Whereas the Comprehensive Iran Sanctions, International Religious Freedom 2013 Report Court in Tehran sentenced the seven Baha’i Accountability, and Divestment Act of 2010 found that Baha’i marriages and divorces are leaders to 20-year prison terms, the longest sen- (Public Law 111–195) authorizes the President not recognized and Baha’i holy places and tences given to any current prisoners of con- and the Secretary of State to impose sanctions community properties are often seized or de- science in Iran, on charges of ‘‘spying for Israel, on individuals ‘‘responsible for or complicit in, stroyed, and stated, ‘‘The Baha’i community insulting religious sanctities, propaganda or responsible for ordering, controlling, or other- faces severe economic pressure, including de- against the regime and spreading corruption on wise directing, the commission of serious human nials of jobs in both the public and private earth’’; rights abuses against citizens of Iran or their sectors and of business licenses. Iranian au- Whereas the lawyer for these seven leaders, family members on or after June 12, 2009’’: Now, thorities often pressure employers of Baha’is Mrs. Shirin Ebadi, the Nobel Laureate, was de- therefore, be it to dismiss them from private sector employ- nied meaningful or timely access to the prisoners Resolved, That the Senate— ment.’’; and their files, and her colleagues and succes- (1) condemns the Government of Iran for Whereas the Department of State 2012 sors as defense counsel were provided extremely its state-sponsored persecution of its Baha’i International Religious Freedom Report limited access, and Ms. Ebadi stated that there minority and its continued violation of the stated that the Government of Iran ‘‘pro- was no evidence to sustain the charges against International Covenants on Human Rights; hibits Baha’is from teaching and practicing the seven; (2) calls on the Government of Iran to im- their faith and subjects them to many forms Whereas, on May 13, 2013, four United Na- mediately release the seven imprisoned lead- of discrimination not faced by members of tions human rights experts, the Special ers, the øten¿ twelve imprisoned educators, other religious groups’’ and ‘‘requires Ba- Rapporteur on the situation of human rights in and all other prisoners held solely on ac- ha’is to register with the police’’; Iran, Ahmed Shaheed, the head of the Working count of their religion; Whereas the Department of State 2012 Group on Arbitrary Detention, El Hadji Malick (3) calls on the President and Secretary of International Religious Freedom Report Sow, the Special Rapporteur on freedom of reli- State, in cooperation with responsible na- stated that ‘‘[the] government raided Baha’i

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S9114 CONGRESSIONAL RECORD — SENATE December 20, 2013 homes and businesses and confiscated large Special Rapporteur continues to observe Tehran, instructing the directors of schools amounts of private and commercial prop- what appears to be an escalating patter of in his jurisdiction to ‘‘subtly and in a con- erty, as well as religious materials,’’ and systematic human rights violations tar- fidential manner’’ collect information on found that ‘‘Baha’is are regularly denied geting members of the Baha’i community, Baha’i students; compensation for injury or criminal victim- who face arbitrary detention, torture and ill- Whereas, since September 2013, the Govern- ization’’; treatment, national security charges for ac- ment of Iran has imprisoned four Baha’i Whereas the Department of State 2012 tive involvement in religious affairs, restric- mothers, Taraneh Torabi, Zohreh Nikayin, International Religious Freedom Report tions on religious practice, denial of higher Neda Majidi, and Elham Rouzbehi, along stated that ‘‘[the] government, since the Is- education, obstacles to State employment with their infant children, and Ms. Torabi, lamic Revolution, formally denies Baha’i and abuses within schools.’’; Ms. Nikayin, and Ms. Rouzbehi remain im- students access to higher education,’’ and Whereas, in March and May of 2008, intel- prisoned with their children; ‘‘[p]ublic and private universities continued ligence officials of the Government of Iran in Whereas, on August 24, 2013, Mr. Ataollah to deny admittance and expel Baha’i stu- Mashhad and Tehran arrested and impris- Rezvani, an active member of the Baha’i dents’’; oned Mrs. Fariba Kamalabadi, Mr. community of Bandar Abbas, Iran, was found Whereas, on May 23, 2012, the United Na- Jamaloddin Khanjani, Mr. Afif Naeimi, Mr. shot in his car on the outskirts of the city, tions Secretary-General issued a report (A/ Saeid Rezaie, Mr. Behrouz Tavakkoli, Mrs. in what may be a religiously motivated mur- HRC/19/82), which stated that ‘‘the Special Mahvash Sabet, and Mr. Vahid Tizfahm, the der during a time of increased pressure on Rapporteur on freedom of religion or belief seven members of the ad hoc leadership Iran’s religious minorities and a surge in . . . pointed out that the Islamic Republic of group for the Baha’i community in Iran, anti-Baha’i rhetoric by various clerics; Iran had a policy of systematic persecution known as the Yaran-i-Iran, or ‘‘friends of Whereas, in September 2013, the Govern- of persons belonging to the Baha’i faith, ex- Iran’’; ment of Iran released a number of prisoners cluding them from the application of free- Whereas, in August 2010, the Revolutionary of conscience, and none of the prisoners re- dom of religion or belief by simply denying Court in Tehran sentenced the seven Baha’i leased were known to be Baha’is; that their faith had the status of a religion’’; leaders to 20-year prison terms, the longest Whereas the Government of Iran is party Whereas, on November 27, 2012, the Third sentences given to any current prisoners of to the International Covenants on Human Committee of the United Nations General conscience in Iran, on charges of ‘‘spying for Rights and is in violation of its obligations Assembly adopted a draft resolution (A/C.3/ Israel, insulting religious sanctities, propa- under the Covenants; and 67/L.51), which noted, ‘‘[I]ncreased persecu- ganda against the regime and spreading cor- Whereas the Comprehensive Iran Sanc- tion and human rights violations against ruption on earth’’; tions, Accountability, and Divestment Act of persons belonging to unrecognized religious Whereas the lawyer for these seven leaders, 2010 (Public Law 111–195) authorizes the minorities, particularly members of the Mrs. Shirin Ebadi, the Nobel Laureate, was President and the Secretary of State to im- Baha’i [F]aith and their defenders, including denied meaningful or timely access to the pose sanctions on individuals ‘‘responsible escalating attacks, an increase in the num- prisoners and their files, and her colleagues for or complicit in, or responsible for order- ber of arrests and detentions, the restriction and successors as defense counsel were pro- ing, controlling, or otherwise directing, the of access to higher education on the basis of vided extremely limited access, and Ms. commission of serious human rights abuses religion, the sentencing of twelve Baha’is as- Ebadi stated that there was no evidence to against citizens of Iran or their family mem- sociated with Baha’i educational institutions sustain the charges against the seven; bers on or after June 12, 2009’’: Now, there- to lengthy prison terms, the continued de- Whereas, on May 13, 2013, four United Na- fore, be it nial of access to employment in the public tions human rights experts, the Special Resolved, That the Senate— sector, additional restrictions on participa- Rapporteur on the situation of human rights (1) condemns the Government of Iran for tion in the private sector, and the de facto in Iran, Ahmed Shaheed, the head of the its state-sponsored persecution of its Baha’i criminalization of membership in the Baha’i Working Group on Arbitrary Detention, El minority and its continued violation of the [F]aith.’’; Hadji Malick Sow, the Special Rapporteur on International Covenants on Human Rights; Whereas, on December 20, 2012, the United freedom of religion or belief, Heiner (2) calls on the Government of Iran to im- Nations General Assembly adopted a resolu- Bielefeldt, and the Independent Expert on mediately release the seven imprisoned lead- tion (A/RES/67/182), which called upon the Minorities issues, Rita Iza´ sk, released a ers, the twelve imprisoned educators, and all government of Iran ‘‘[t]o eliminate discrimi- statement ‘‘call[ing] on the Iranian authori- other prisoners held solely on account of nation against, and exclusion of . . . mem- ties for the immediate release of seven bers of the Baha’i Faith, regarding access to Baha’i community leaders, known as the their religion; higher education, and to eliminate the crim- Yaran, nearing the fifth anniversary of their (3) calls on the President and Secretary of inalization of efforts to provide higher edu- arrests, whose detentions were declared arbi- State, in cooperation with responsible na- cation to Baha’i youth denied access to Ira- trary by the UN Working Group on Arbitrary tions, to immediately condemn the Govern- nian universities,’’ and ‘‘to accord all Ba- Detention, on 20 November 2008’’; ment of Iran’s continued violation of human ha’is, including those imprisoned because of Whereas, beginning in May 2011, Govern- rights and demand the immediate release of their beliefs, the due process of law and the ment of Iran officials in four cities con- prisoners held solely on account of their reli- rights that they are constitutionally guaran- ducted sweeping raids on the homes of doz- gion; and teed’’; ens of individuals associated with the Baha’i (4) urges the President and Secretary of Whereas, on February 28, 2013, the United Institute for Higher Education (BIHE) and State to utilize all available authorities, in- Nations Special Rapporteur on the situation arrested and detained several educators asso- cluding the Comprehensive Iran Sanctions, of human rights in the Islamic Republic of ciated with BIHE; Accountability, and Divestment Act of 2010, Iran issued a report (A/HRC/22/56), which Whereas, in October 2011, the Revolu- to impose sanctions on officials of the Gov- stated that ‘‘110 Bahai’s are currently de- tionary Court in Tehran sentenced seven of ernment of Iran and other individuals di- tained in Iran for exercising their faith,’’ and these BIHE instructors and administrators, rectly responsible for serious human rights found that Baha’is in the cities of Semnan, Mr. Vahid Mahmoudi, Mr. Kamran abuses, including abuses against the Baha’i Gorgon, and Hamadan have especially faced Mortezaie, Mr. Mahmoud Badavam, Ms. community of Iran. increasing persecution over the last three Nooshin Khadem, Mr. Farhad Sedghi, Mr. f years, including raids, arrests, physical vio- Riaz Sobhani, and Mr. Ramin Zibaie, to pris- lence, arson, vandalism to their homes, busi- on terms for the crime of ‘‘membership of RESOLUTIONS SUBMITTED TODAY ness, and grave sites, and government clos- the deviant sect of Baha’ism, with the goal Mr. DURBIN. Madam President, I ask ings of Baha’i-owned businesses; of taking action against the security of the unanimous consent the Senate proceed Whereas, on February 28, 2013, the United country, in order to further the aims of the to the immediate consideration en bloc Nations Secretary-General issued a report deviant sect and those of organizations out- of the following resolutions, submitted (A/HRC/22/48), which stated, ‘‘An ongoing side the country,’’ with six of them remain- earlier today: S. Res. 325, S. Res. 326, anti-Baha’i media campaign resulted in in- ing imprisoned; creasing attacks on its members and their Whereas, since October 2011, six other and S. Res. 327. properties. This national campaign that con- BIHE educators have been arrested and im- The PRESIDING OFFICER. Without sists of [a]nti-Baha’i pamphlets, posters, prisoned, with Ms. Faran Hessami, Mr. objection, the Senate will proceed to seminars and the broadcasting of anti-Baha’i Kamran Rahimian, and Mr. Shahin Negari the measures en bloc. speeches on radio networks appears to be serving 4-year prison terms, and Mr. Kayvan Mr. DURBIN. I ask unanimous con- tacitly condoned by the authorities. In addi- Rahimian, Dr. Foad Moghaddam, and Mr. sent the resolutions be agreed to, the tion, anti-Baha’i speeches [were] reportedly Amanollah Mostaghim serving 5-year prison preambles be agreed to, and the mo- delivered to different audiences including terms; tions to reconsider be laid upon the schools, youth organizations and the general Whereas the efforts of the Government of public.’’; Iran to collect information on individual Ba- table en bloc, with no intervening ac- Whereas, on October 4, 2013, the United Na- ha’is have recently intensified as evidenced tion or debate. tions Special Rapporteur on the situation of by a letter, dated November 5, 2011, from the The PRESIDING OFFICER. Without human rights in the Islamic Republic of Iran Director of the Department of Education in objection, it is so ordered. issued a report (A/68/503), which stated, ‘‘The the county of Shahriar in the province of The resolutions were agreed to.

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE December 20, 2013 CONGRESSIONAL RECORD — SENATE S9115 The preambles were agreed to. MEASURES PLACED ON THE Majority Leader REID this morning. He (The resolutions, with their pre- CALENDAR—S. 1859 and S. 1881 sounds hale and hearty and anxious to ambles, are printed in today’s RECORD Mr. DURBIN. I understand there are get home and then back to work. We under ‘‘Submitted Resolutions.’’) two bills at the desk due for a second look forward to that happening when reading. he returns to his desk early in the new f The PRESIDING OFFICER. The year in 2014. clerk will read the bills by title for the f PROVIDING FOR A CONDITIONAL first time. CLOSING THE FIRST SESSION OF ADJOURNMENT OR RECESS OF The assistant legislative clerk read THE 113TH CONGRESS THE SENATE AND AN ADJOURN- as follows: Mr. DURBIN. Madam President, MENT OF THE HOUSE OF REP- A bill (S. 1859) to amend the Internal Rev- RESENTATIVES enue Code of 1986 to extend certain expiring there are many traditions around this holiday season that I cherish, but I Mr. DURBIN. I ask unanimous con- provisions, and for other purposes. must confess that the tradition of sent the Senate proceed to S. Con. Res. A bill (S. 1881) to expand sanctions imposed with respect to Iran and to impose additional spending Christmas Eve or New Year’s 30, which was submitted earlier today. sanctions with respect to Iran, and for other Eve on the floor of the Senate is not The PRESIDING OFFICER. The purposes. one of those traditions. Happily, this clerk will report the concurrent resolu- Mr. DURBIN. I object to any further year we won’t be repeating that prac- tion by title. proceedings with respect to these bills tice from previous years. We are leav- The assistant legislative clerk read en bloc. ing here shortly—some have already— as follows: The PRESIDING OFFICER. Objec- to spend the holidays at home with A concurrent resolution (S. Con. Res. 30) tion is heard. The bills will be placed family. providing for a conditional adjournment or on the calendar. As we close this first session of the recess of the Senate and an adjournment of the House of Representatives. f 113th Congress, I wish to personally thank our majority leader Senator There being no objection, the Senate MEASURE READ FOR THE FIRST TIME—H.R. 2019 HARRY REID—and let me add his wife proceeded to consider the resolution. Landra—for their leadership and their Mr. DURBIN. I ask unanimous con- Mr. DURBIN. Madam President, I un- resolve that helps to make this Senate sent the consent the resolution be derstand there is a bill at the desk, and work. agreed to, and the motion to reconsider I ask for its first reading. I also thank the minority leader Sen- be laid upon the table, with no inter- The PRESIDING OFFICER. The ator MITCH MCCONNELL. Although we vening action or debate. clerk will read the bill by title for the may disagree on many issues and have The PRESIDING OFFICER. Without first time. our debates on the floor of the Senate, objection, it is so ordered. The assistant legislative clerk read I have a great respect for my col- The concurrent resolution (S. Con. as follows: leagues and particularly their leader Res. 30) was agreed to, as follows: A bill (H.R. 2019) to eliminate taxpayer fi- Senator MCCONNELL. We all know we S. CON. RES. 30 nancing of political party conventions and can’t do this work alone. It takes a lot Resolved by the Senate (the House of Rep- reprogram savings to provide for a 10-year of dedicated people to keep the Senate pediatric research initiative through the resentatives concurring), That when the Sen- functioning. ate recesses or adjourns on any day from Fri- Common Fund administered by the National Institutes of Health, and for other purposes. On behalf of Leader REID, I wish to day, December 20, 2013, through Tuesday, De- acknowledge and thank the Senate cember 31, 2013, on a motion offered pursuant Mr. DURBIN. Madam President, I Parliamentarians and clerical staff and to this concurrent resolution by its Majority now ask for a second reading, and in doorkeepers. I also thank the cloak- Leader or his designee, it stand adjourned order to place the bill on the calendar room staffs, the members of our floor until 11:45 a.m. on Friday, January 3, 2014, or under rule XIV, I object to my own re- until the time of any reassembly pursuant to staffs who put in even longer than section 2 of this concurrent resolution, quest. The PRESIDING OFFICER. Objec- usual hours these past few weeks, and whichever occurs first; and that when the all of the Senate staffers, Democratic House adjourns on any legislative day from tion having been heard, the bill will be read for the second time on the next and Republican. Monday, December 23, 2013, through Tues- I thank the Capitol Police officers for day, December 31, 2013, on a motion offered legislative day. keeping us safe. We have to remember pursuant to this concurrent resolution by its f Majority Leader or his designee, it stand ad- they risk their lives every day for us journed until 11 a.m. on Friday, January 3, MEASURES INDEFINITELY POST- and all the people who work and visit 2014, or until the time of any reassembly pur- PONED—H. Con. Res. 72 and H.R. this great Capitol. suant to section 3 of this concurrent resolu- 219 A special thanks to our Senate pages. tion, whichever occurs first. Mr. DURBIN. Madam President, I ask We ask a lot of them—long hours for a SEC. 2. (a) The Majority Leader of the Sen- unanimous consent that the following lot of young people. We want them to ate or his designee, after consultation with know that their work is greatly appre- the Minority Leader of the Senate, shall no- items be indefinitely postponed, H. tify the Members of the Senate to reassem- Con. Res. 72 and H. Res. 219. ciated. We wish them the best of luck. ble at such place and time he may designate The PRESIDING OFFICER. Without They will be coming back in January if, in his opinion, the public interest shall objection, it is so ordered. to finish their current assignment as warrant it. pages. I hope they have a great time at f (b) After reassembling pursuant to sub- home with their families. Perhaps section (a), when the Senate adjourns on a SIGNING AUTHORITY someday they will return here, maybe motion offered pursuant to this subsection Mr. DURBIN. Madam President, I ask as Senators themselves. by the Majority Leader or his designee, the unanimous consent that during the ad- Part of the magic of this holiday sea- Senate shall again stand adjourned pursuant son is that it enables many of us, even to the first section of this concurrent resolu- journment or recess of the Senate from tion. Friday, December 20 to Monday, Janu- just for a few moments, to consider a SEC. 3. (a) The Speaker or his designee, ary 6, the majority leader and Senators new world, to look at it with a little after consultation with the Minority Leader WARNER and ROCKEFELLER be author- less cynicism. I hope all of my col- of the House, shall notify the Members of the ized to sign duly enrolled bills or joint leagues will have a few moments like House to reassemble at such place and time resolutions. that in the coming holidays, and I hope he may designate if, in his opinion, the pub- The PRESIDING OFFICER. Without we are all going to come back and try lic interest shall warrant it. objection, it is so ordered. to preserve some small measure of (b) After reassembling pursuant to sub- good will and make it part of our life’s section (a), when the House adjourns on a f work in the next year of the Senate motion offered pursuant to this subsection THE MAJORITY LEADER by the Speaker or his designee, the House session. shall again stand adjourned pursuant to the Mr. DURBIN. Madam President, as I The budget agreement we passed this first section of this concurrent resolution. mentioned earlier today, I spoke with week was a good beginning to a less

VerDate Mar 15 2010 06:39 Jan 08, 2014 Jkt 079060 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\DEC2013\S20DE3.REC S20DE3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S9116 CONGRESSIONAL RECORD — SENATE December 20, 2013 partisan, more productive Senate. I 3, at 11:45 a.m. for a pro forma session DEPARTMENT OF HOMELAND SECURITY hope that is a portent of good things to only with no business conducted, and ALEJANDRO NICHOLAS MAYORKAS, OF THE DISTRICT come. that following the pro forma session, OF COLUMBIA, TO BE DEPUTY SECRETARY OF HOME- LAND SECURITY. There is a lot more we need to do. the Senate adjourn until 2 p.m., on DEPARTMENT OF THE TREASURY The American people are still counting Monday, January 6, 2014; that on Mon- JOHN ANDREW KOSKINEN, OF THE DISTRICT OF COLUM- on us to work together on measures day, January 6, 2014, following the BIA, TO BE COMMISSIONER OF INTERNAL REVENUE FOR that will help to create good jobs and prayer and pledge, the morning hour be THE TERM EXPIRING NOVEMBER 12, 2017. strengthen America’s economy, deemed expired, the Journal of pro- IN THE AIR FORCE strengthen working families in Wis- ceedings be approved to date, and the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT consin and Illinois and all across Amer- IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- time for the two leaders be reserved for CATED UNDER TITLE 10, U.S.C., SECTION 12203: ica. their use later in the day; and that fol- To be major general And particularly at this Christmas- lowing any leader remarks, the Senate time, let’s remember the message of BRIG. GEN. PAUL S. DWAN resume consideration of the motion to THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Pope Francis and religious leaders all proceed to S. 1845, the unemployment IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- over the world: to remember the needy insurance extension, with Senators CATED UNDER TITLE 10, U.S.C., SECTION 12203: and the help they need that we can pro- permitted to speak for up to 10 minutes To be major general vide and must provide in this caring each; further, that at 3 p.m., the Sen- BRIGADIER GENERAL CATHERINE A. CHILTON BRIGADIER GENERAL STAYCE D. HARRIS world. ate proceed to executive session to re- BRIGADIER GENERAL WILLIAM B. WALDROP, JR. We all only serve in this body for a fi- sume consideration of Executive Cal- BRIGADIER GENERAL TOMMY J. WILLIAMS nite period of time. After we are gone, endar No. 452, the nomination of Janet THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- we want to look back on our service in Yellen to be Chairman of the Federal CATED UNDER TITLE 10, U.S.C., SECTION 12203: the Senate and we all want to be able Reserve System, with the time until To be brigadier general to say: I was part of something impor- 5:30 p.m. equally divided and controlled COL. JOSEF F. SCHMID III tant. I helped meet the great chal- in the usual form prior to a vote on THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT lenges of my time, and I helped to pre- confirmation of the Yellen nomination; IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- CATED UNDER TITLE 10, U.S.C., SECTION 12203: serve the American dream. I hope that and, finally, that following the vote on To be brigadier general is part of our new year’s resolve on confirmation of the Yellen nomination, both sides of the aisle. COLONEL TALENTINO C. ANGELOSANTE the Senate resume legislative session COLONEL JAMES R. BARKLEY SENATE AGENDA and proceed to vote on cloture on the COLONEL THOMAS G. CLARK When we return in January, the Sen- COLONEL MICHAEL J. COLE motion to proceed to S. 1845, the unem- COLONEL SAMUEL C. MAHANEY ate will continue working on nomina- ployment insurance extension bill. COLONEL BRETT J. MCMULLEN tions, starting with confirmation of COLONEL JOSE R. MONTEAGUDO The PRESIDING OFFICER. Without COLONEL RANDALL A. OGDEN Janet Yellen to head the Federal Re- objection, it is so ordered. COLONEL JOHN P. STOKES serve when we vote on January 6. Our COLONEL STEPHEN D. VAUTRAIN f THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED first order of legislative business will STATES OFFICER FOR APPOINTMENT IN THE RESERVE be to vote to extend unemployment PROGRAM OF THE AIR FORCE TO THE GRADE INDICATED UNDER benefits for those who have exhausted TITLE 10, U.S.C., SECTIONS 12203 AND 12212: Mr. DURBIN. Madam President, To be brigadier general their benefits and still can’t find work there will be two rollcall votes begin- COL. STEPHEN E. RADER through no fault of their own. This is a ning at 5:30 p.m., on Monday, January matter of simple fairness. It affects THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED 6. STATES OFFICER FOR APPOINTMENT IN THE RESERVE more than 1 million Americans and OF THE AIR FORCE TO THE GRADE INDICATED UNDER their families. We will not give up on f TITLE 10, U.S.C., SECTIONS 12203 AND 12212: To be brigadier general them and on our responsibility to help CONDITIONAL ADJOURNMENT them through this difficult time. UNTIL TUESDAY, DECEMBER 24, COL. MICHAEL T. MCGUIRE In closing, let me wish all of my fel- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 2013 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- low Senators and our staffs, those who CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE transcribe our remarks, and many oth- Mr. DURBIN. Madam President, if AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ers who make the Senate work every there is no further business to come be- To be lieutenant general single day, as well as our fellow Ameri- fore the Senate, I ask unanimous con- cans, a Merry Christmas, Happy Holi- sent that it adjourn under the previous MAJ. GEN. JOHN W. RAYMOND days, and a Happy New Year. order. IN THE ARMY There being no objection, the Senate, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT f at 2:10 p.m., conditionally adjourned IN THE UNITED STATES ARMY TO THE GRADE INDICATED ORDERS FOR TUESDAY, DECEM- UNDER TITLE 10, U.S.C., SECTION 624: until Tuesday, December 24, 2013, at 12 To be major general BER 24, 2013 THROUGH MONDAY, noon. JANUARY 6, 2014 BRIGADIER GENERAL CHARLES A. FLYNN f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Mr. DURBIN. Madam President, I ask IN THE UNITED STATES ARMY TO THE GRADE INDICATED DISCHARGED NOMINATIONS WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND unanimous consent that when the Sen- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ate completes its business today, it ad- The Senate Committee on Com- To be general journ and convene for pro forma ses- merce, Science, and Transportation LT. GEN. DAVID G. PERKINS sions only with no business conducted was discharged from further consider- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT on the following dates and times and ation of the following nominations by TO THE GRADE INDICATED IN THE UNITED STATES ARMY that following each pro forma session, unanimous consent and the nomina- UNDER TITLE 10, U.S.C., SECTION 624: the Senate adjourn until the next pro tions were confirmed: To be brigadier general forma session, unless the Senate re- COLONEL JAMES T. IACOCCA COAST GUARD NOMINATION OF CAPT. FRANCIS S. COLONEL DANIEL G. MITCHELL ceives a message from the House that PELKOWSKI, TO BE REAR ADMIRAL (LOWER HALF). COLONEL KURT L. SONNTAG COAST GUARD NOMINATIONS BEGINNING WITH CAPT. it has adopted S. Con. Res. 30, the ad- MEREDITH L. AUSTIN AND ENDING WITH CAPT. PAUL F. THE FOLLOWING ARMY NATIONAL GUARD OF THE journment resolution: Tuesday, Decem- THOMAS, WHICH NOMINATIONS WERE RECEIVED BY THE UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- SENATE AND APPEARED IN THE CONGRESSIONAL SERVE OF THE ARMY TO THE GRADE INDICATED UNDER ber 24, at 12 noon; Friday, December 27, RECORD ON SEPTEMBER 19, 2013. TITLE 10, U.S.C., SECTIONS 12203 AND 12211: at 12 noon; Tuesday, December 31, at 12 To be brigadier general f noon; and Friday, January 3, at 11:45 COL. ANTHONY L. HALL a.m.; and that when the Senate ad- CONFIRMATIONS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT journs on Friday, January 3, 2014, it IN THE UNITED STATES ARMY TO THE GRADE INDICATED Executive nominations confirmed by UNDER TITLE 10, U.S.C., SECTIONS 624, 3037 AND 3064: stand adjourned until 2 p.m., on Mon- the Senate December 20, 2013: To be brigadier general, judge advocate day, January 6, 2014; further, that if general’s corps the Senate receives a message that the THE JUDICIARY House has adopted S. Con. Res. 30, the BRIAN J. DAVIS, OF FLORIDA, TO BE UNITED STATES COL. PAUL S. WILSON DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF FLOR- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Senate adjourn until Friday, January IDA. IN THE UNITED STATES ARMY TO THE GRADE INDICATED

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WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND WHICH NOMINATIONS WERE RECEIVED BY THE SENATE BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: AND APPEARED IN THE CONGRESSIONAL RECORD ON OC- RECORD ON OCTOBER 30, 2013. To be lieutenant general TOBER 30, 2013. ARMY NOMINATIONS BEGINNING WITH DAVID A. CENITI AIR FORCE NOMINATIONS BEGINNING WITH JAMES D. AND ENDING WITH EDWARD M. REILLY, WHICH NOMINA- MAJ. GEN. ROBERT S. FERRELL ATHNOS AND ENDING WITH STEPHEN M. WILLIAMS, TIONS WERE RECEIVED BY THE SENATE AND APPEARED WHICH NOMINATIONS WERE RECEIVED BY THE SENATE IN THE CONGRESSIONAL RECORD ON NOVEMBER 19, 2013. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AND APPEARED IN THE CONGRESSIONAL RECORD ON OC- ARMY NOMINATIONS BEGINNING WITH NACY J. IN THE UNITED STATES ARMY TO THE GRADE INDICATED TOBER 30, 2013. ALOUISE AND ENDING WITH D011605, WHICH NOMINA- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND AIR FORCE NOMINATIONS BEGINNING WITH PAIGE T. TIONS WERE RECEIVED BY THE SENATE AND APPEARED RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ABBOTT AND ENDING WITH RENO JOSEPH ZISA, WHICH IN THE CONGRESSIONAL RECORD ON DECEMBER 12, 2013. To be lieutenant general NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER IN THE NAVY LT. GEN. JOSEPH ANDERSON 30, 2013. IN THE NAVY AIR FORCE NOMINATIONS BEGINNING WITH SCOTT A. NAVY NOMINATION OF COREY N. DOOLITTLE, TO BE HABER AND ENDING WITH YVES P. LEBLANC, WHICH LIEUTENANT COMMANDER. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING WITH CHRISTOPHER IN THE UNITED STATES NAVY TO THE GRADE INDICATED PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER W. ACOR AND ENDING WITH AMANDA H. ZAWORA, WHICH UNDER TITLE 10, U.S.C., SECTION 624: 7, 2013. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- To be rear admiral IN THE ARMY PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER 13, 2013. REAR ADM. (LH) REBECCA J. MCCORMICK–BOYLE ARMY NOMINATION OF JESUS M. MUNOZLASALLE, TO NAVY NOMINATION OF JULIE A. MEIER, TO BE COM- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BE MAJOR. MANDER. AS VICE CHIEF OF NAVAL OPERATIONS AND APPOINT- ARMY NOMINATIONS BEGINNING WITH WAYNE J. NAVY NOMINATION OF KRYSTEN J. PELSTRING, TO BE MENT IN THE UNITED STATES NAVY TO THE GRADE INDI- AARON AND ENDING WITH ANN H. ZGRODNIK, WHICH LIEUTENANT COMMANDER. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE NAVY NOMINATION OF MICHAEL R. SAUM, TO BE CAP- PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS TAIN. 28, 2013. 601 AND 5035: ARMY NOMINATIONS BEGINNING WITH JOHN R. DOO- IN THE COAST GUARD To be admiral LITTLE II AND ENDING WITH BAUCUM W. FULK, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT VICE ADM. MICHELLE J. HOWARD PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER IN THE UNITED STATES COAST GUARD RESERVE TO THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 28, 2013. GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION IN THE UNITED STATES NAVY TO THE GRADE INDICATED ARMY NOMINATIONS BEGINNING WITH STEVEN T. 12203A: WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND GREINER AND ENDING WITH CHERYL D. SOFALY, WHICH RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- To be rear admiral (lower half) PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER To be admiral 30, 2013. CAPT. FRANCIS S. PELKOWSKI ADM. MARK E. FERGUSON III ARMY NOMINATIONS BEGINNING WITH STANLEY T. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BREUER AND ENDING WITH DEYDRE S. TEYHEN, WHICH IN THE UNITED STATES COAST GUARD TO THE GRADE IN- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- DICATED UNDER TITLE 14, U.S.C, SECTION 271(E): IN THE UNITED STATES NAVY TO THE GRADE INDICATED PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND 30, 2013. To be rear admiral (lh) RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ARMY NOMINATIONS BEGINNING WITH KIMBERLEE A. To be vice admiral AIELLO AND ENDING WITH JEFFREY S. YARVIS, WHICH CAPT. MEREDITH L. AUSTIN NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- CAPT. PETER W. GAUTIER REAR ADM. JOSEPH P. MULLOY PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER CAPT. MICHAEL J. HAYCOCK IN THE AIR FORCE 30, 2013. CAPT. JAMES M. HEINZ ARMY NOMINATIONS BEGINNING WITH ROBIN M. CAPT. KEVIN E. LUNDAY AIR FORCE NOMINATIONS BEGINNING WITH STANTON J. ADAMSMASSENBURG AND ENDING WITH VERONICA A. CAPT. TODD A. SOKALZUK J. APPLONIE AND ENDING WITH RICHARD J. ZAVADIL, VILLAFRANCA, WHICH NOMINATIONS WERE RECEIVED CAPT. PAUL F. THOMAS

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HIGHLIGHTS Senate agreed to S. Con. Res. 30, Adjournment Resolution. Senate shire University men’s soccer team on winning the Chamber Action National Collegiate Athletic Association Division II Routine Proceedings, pages S9071–S9117 Men’s Soccer Championship. Pages S9114–15 Measures Introduced: Thirteen bills and four reso- Congratulating Sporting Kansas City: Senate lutions were introduced, as follows: S. 1882–1894, S. agreed to S. Res. 327, congratulating Sporting Kan- Res. 325–327, and S. Con. Res. 30. Pages S9104–05 sas City for an outstanding 2013 season in Major Measures Reported: League Soccer and for winning the Major League S. 1271, to direct the President to establish Soccer Cup 2013. Pages S9114–15 guidelines for the United States foreign assistance Adjournment Resolution: Senate agreed to S. programs, with an amendment in the nature of a Con. Res. 30, providing for a conditional adjourn- substitute. (S. Rept. No. 113–131) Page S9104 ment or recess of the Senate and an adjournment of Measures Passed: the House of Representatives. Page S9116 The District of Columbia Home Rule Act: Senate Measures Indefinitely Postponed: passed H.R. 3343, to amend the District of Colum- Enrollment Correction: Senate indefinitely post- bia Home Rule Act to clarify the rules regarding the poned H. Con. Res. 72, providing for corrections to determination of the compensation of the Chief Fi- the enrollment of H.J. Res. 59. Page S9115 nancial Officer of the District of Columbia. Page S9111 Sandy Recovery Improvement Act: Senate indefi- nitely postponed H.R. 219, to improve and stream- Federal Election Commission: Senate passed H.R. line disaster assistance for Hurricane Sandy. 3487, to amend the Federal Election Campaign Act to extend through 2018 the authority of the Federal Page S9115 Election Commission to impose civil money pen- Measures Considered: alties on the basis of a schedule of penalties estab- Unemployment Benefits Extension—Cloture: lished and published by the Commission, to expand Senate began consideration of the motion to proceed such authority to certain other violations. Page S9111 to consideration of S. 1845, to provide for the exten- Condemning the Government of Iran: Senate sion of certain unemployment benefits. Page S9083 agreed to S. Res. 75, condemning the Government A motion was entered to close further debate on of Iran for its state-sponsored persecution of its the motion to proceed to consideration of the bill, Baha’i minority and its continued violation of the and, in accordance with the provisions of Rule XXII International Covenants on Human Rights, after of the Standing Rules of the Senate, a vote on clo- agreeing to the committee amendment. ture will occur upon disposition of the nomination Pages S9111–14 of Janet L. Yellen, of California, to be Chairman of National Toy Week: Senate agreed to S. Res. the Board of Governors of the Federal Reserve Sys- 325, designating the week of December 22 through tem. Page S9083 December 28, 2013, as ‘‘National Toy Week’’. A unanimous-consent agreement was reached pro- Pages S9114–15 viding that at approximately 2:00 p.m. on Monday, Congratulating Southern New Hampshire Uni- January 6, 2014, Senate resume consideration of the versity Men’s Soccer Team: Senate agreed to S. Res. motion to proceed to consideration of the bill. 326, congratulating the 2013 Southern New Hamp- Page S9116 D1221

VerDate Mar 15 2010 04:30 Dec 21, 2013 Jkt 039060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D20DE3.REC D20DEPT1 jbell on DSK7SPTVN1PROD with DIGEST D1222 CONGRESSIONAL RECORD — DAILY DIGEST December 20, 2013 Signing Authority—Agreement: A unanimous- During consideration of this nomination today, consent agreement was reached providing that dur- Senate also took the following action: ing the adjournment or recess of the Senate from By 56 yeas to 39 nays (Vote No. 287), Senate Friday, December 20, 2013, through Monday, Janu- agreed to the motion to close further debate on the ary 6, 2014, the Majority Leader, and Senators War- nomination. Pages S9079–80, S9081 ner and Rockefeller be authorized to sign duly en- By 68 yeas to 26 nays (Vote No. EX. 290), Brian rolled bills or joint resolutions. Page S9115 J. Davis, of Florida, to be United States District Pro Forma—Agreement: A unanimous-consent Judge for the Middle District of Florida. agreement was reached providing that the Senate ad- Pages S9082, S9116 journ, and convene for pro forma sessions only, with During consideration of this nomination today, no business conducted on the following dates and Senate also took the following action: times, and that following each pro forma session, By 56 yeas to 36 nays, 2 responding present (Vote Senate adjourn until the next pro forma session, un- No. 289), Senate agreed to the motion to close fur- less the Senate receives a message from the House of ther debate on the nomination. Page S9082 Representatives that it has adopted S. Con. Res. 30, 19 Air Force nominations in the rank of general. providing for a conditional adjournment or recess of 9 Army nominations in the rank of general. the Senate and an adjournment of the House of Rep- 8 Coast Guard nominations in the rank of admi- resentatives: Tuesday, December 24, 2013 at 12 ral. noon; Friday, December 27, 2013 at 12 noon; Tues- (Prior to this action, Committee on Commerce, day, December 31, 2013 at 12 noon; and Friday, Science, and Transportation was discharged from fur- January 3, 2014 at 11:45 a.m.; and that when the ther consideration.) Pages S9111, S9116–17 Senate adjourns on Friday, January 3, 2014, it stand 4 Navy nominations in the rank of admiral. adjourned until 2 p.m., on Monday, January 6, Routine lists in the Air Force, Army, and Navy. 2014; and that if the Senate receives a message that Pages S9110–11, S9116–17 the House of Representatives has adopted S. Con. Measures Referred: Page S9099 Res. 30, Senate adjourn until Friday, January 3, Measures Placed on the Calendar: 2014 at 11:45 a.m., for a pro forma session only, Pages S9099, S9115 with no business conducted, and that following the pro forma session, Senate adjourn until 2 p.m., on Measures Read the First Time: Pages S9099, S9115 Monday, January 6, 2014. Page S9115 Executive Communications: Pages S9099–S9104 Yellen Nomination—Agreement: Senate resumed Additional Cosponsors: Pages S9105–06 consideration of the nomination of Janet L. Yellen, Statements on Introduced Bills/Resolutions: of California, to be Chairman of the Board of Gov- Pages S9106–10 ernors of the Federal Reserve System. Pages S9080–81 During consideration of this nomination today, Additional Statements: Pages S9098–99 Senate also took the following action: Record Votes: Six record votes were taken today. By 59 yeas to 34 nays (Vote No. 291), Senate (Total—291) Pages S9079, S9081, S9082, S9083 agreed to the motion to close further debate on the Adjournment: Senate convened at 9 a.m. and ad- nomination. Pages S9082–83 journed at 2:10 p.m., until 12 p.m. on Tuesday, De- A unanimous-consent agreement was reached pro- cember 24, 2013. (For Senate’s program, see the re- viding that at 3 p.m., on Monday, January 6, 2014, marks of the Acting Majority Leader in today’s Senate resume consideration of the nomination, with Record on page S9116.) the time until 5:30 p.m. equally divided and con- trolled in the usual form prior to a vote on con- firmation of the nomination. Page S9116 Committee Meetings

Nominations Confirmed: Senate confirmed the fol- (Committees not listed did not meet) lowing nominations: By 54 yeas to 41 nays (Vote No. EX. 286), BUSINESS MEETING Alejandro Nicholas Mayorkas, of the District of Co- lumbia, to be Deputy Secretary of Homeland Secu- Committee on Commerce, Science, and Transportation: On rity. Pages S9072–79, S9116 Thursday, December 19, 2013, Committee an- By 59 yeas to 36 nays (Vote No. EX. 288), John nounced the following subcommittee assignments: Andrew Koskinen, of the District of Columbia, to be Subcommittee on Aviation Operations, Safety, and Security: Commissioner of Internal Revenue. Senators Cantwell (Chair), Boxer, Nelson, Pryor, Pages S9080, S9081–82, S9116 Klobuchar, Warner, Begich, Schatz, Booker, Ayotte,

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 p.m., Tuesday, December 24 10 a.m., Monday, December 23

Senate Chamber House Chamber Program for Tuesday: Senate will meet in a pro forma Program for Monday: The House will meet in pro session, unless the Senate receives a message that the forma session at 10 a.m. House of Representatives has agreed to S. Con. Res. 30, Adjournment Resolution.

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