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

Vol. 160 WASHINGTON, THURSDAY, NOVEMBER 20, 2014 No. 143 Senate The Senate met at 9:30 a.m. and was appoint the Honorable JOHN E. WALSH, a next paycheck would come. Staffers called to order by the Honorable JOHN Senator from the State of Montana, to per- with families, mortgages, and student E. WALSH, a Senator from the State of form the duties of the Chair. loan payments all hoped the shutdown Montana. PATRICK J. LEAHY, would not be their personal financial President pro tempore. f disaster. Missing a check or two can be Mr. WALSH thereupon assumed the very difficult for most everyone. PRAYER Chair as Acting President pro tempore. After 16 days, Congress passed legis- The Chaplain, Dr. Barry C. Black, of- f lation funding the government, and the fered the following prayer: RECOGNITION OF THE MAJORITY shutdown came to an end. That was Oc- Let us pray. Eternal God, thank You LEADER tober 16, 2013, just 2 days before payday for not keeping a record of our for Senate staffers. It is important to wrongdoings. As we lift our hearts in The ACTING PRESIDENT pro tem- understand that processing payroll for prayer, open Your ears to our suppli- pore. The majority leader is recog- almost 7,000 employees normally takes cations. Keep our feet on a smooth, nized. about a week. But anticipating what a straight road so that we will experi- f missed paycheck would mean for his ence Your best for our lives. Lord, walk fellow Senate employees, Chris Doby SCHEDULE with our Senators throughout this day. calmly pushed them to make it work. Remind them that they are Your serv- Mr. REID. Mr. President, following So in less than 48 hours, with a very ants, as You keep them alert to Your my remarks and those of the Repub- depleted staff, Chris and the Senate commands. lican leader, the Senate will be in a pe- Disbursing Office ensured that every Forgive us when we forget to express riod of morning business until 2 p.m. Senate staffer received their paycheck our gratitude, for without Your help, today, with Senators allowed to speak on time. Because of their efforts, mort- challenges will overwhelm us. In this for up to 10 minutes each. gage payments were made, groceries season of Thanksgiving we are grateful There will be five rollcall votes at 2 were purchased, and working families that You have not left us defenseless p.m. on confirmation of the Pepper, breathed a sigh of relief. but that Your grace and Your mercy Sannes, Arleo, Beetlestone, and Bolden I was trying to think what I could continue to prevail in our lives. We nominations, all to be district court say today to indicate to this good man pray in Your great Name. Amen. judges, followed by 11 voice votes on and his family and his friends and Sen- f executive nominations. ate staffers what a good person he is PLEDGE OF ALLEGIANCE f and what a good professional he is. The comparison I thought I would make is The Presiding Officer led the Pledge TRIBUTE TO CHRIS DOBY this. When I was a boy, I used to love of Allegiance, as follows: Mr. REID. Mr. President, the famous to listen to the game of the day on I pledge allegiance to the Flag of the poet Oliver Wendell Holmes said: ‘‘Put radio, Mutual Radio Network in the United States of America, and to the Repub- not your trust in money, but put your town I lived in, a little town in Nevada. lic for which it stands, one nation under God, money in trust.’’ That is what he said. We, of course, had no TV. But radio re- indivisible, with liberty and justice for all. Since 2005 the Senate has put its ception came in pretty good during the f money—precious taxpayer dollars— day. I do not remember the station, but APPOINTMENT OF ACTING into the trusted hands of a man by the we could listen to the radio. PRESIDENT PRO TEMPORE name of Chris Doby. He is the financial On the game of the day, I focused on clerk of the Senate. He has proven him- The PRESIDING OFFICER. The some people who were so good and who self to be equal to the task. That is an clerk will please read a communication later became even better than I had understatement. Through budget cuts, to the Senate from the President pro imagined. One of those people who is sequestration, and even a government now in the Baseball Hall of Fame was tempore (Mr. LEAHY). shutdown, Senators and staff knew The assistant legislative clerk read a man by the name of Larry Doby. He that Chris Doby and his team would the following letter: was a center fielder for the Cleveland make it work, no matter what took Indians. He was good. He could run U.S. SENATE, place. fast, jump high. He hit with power. He PRESIDENT PRO TEMPORE, Washington, DC, November 20, 2014. There is just one story I will share stole bases. He was very good. To the Senate: with the Senate. In the midst of the This Doby we have in the Senate, in Under the provisions of rule I, paragraph 3, government shutdown, Senate employ- my opinion, is somebody who, just like of the Standing Rules of the Senate, I hereby ees had no assurance of when their Larry Doby, would make the All-Star

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

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VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.000 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6164 CONGRESSIONAL RECORD — SENATE November 20, 2014 team and should be in the Senate Hall He tried to suggest otherwise last us working together. They said they of Fame for the good work he has done weekend. But a prominent fact checker want to see more serious ideas pass over these many years. panned the spin as ‘‘Pinocchio-laden’’ through Congress. What they didn’t say f and clarified that the President has they wanted to see was the President been asked specifically about the sidestepping the very representatives RESERVATION OF LEADER TIME source of actions that he is contem- they just elected. That is why so many The ACTING PRESIDENT pro tem- plating now. The President’s previous Kentuckians have been calling my of- pore. Under the previous order, the answers seemed to be unequivocal: He fice in opposition to this plan. I know leadership time is reserved. lacked the legal authority to act, ac- phones have continued to ring off the Mr. REID. Mr. President, I suggest cording to the President himself. hook all week in our offices across Cap- the absence of a quorum. As one example, President Obama itol Hill. Our constituents want to be The PRESIDING OFFICER. The said last year that Executive action heard. President Obama needs to listen clerk will call the roll. was ‘‘not an option,’’ because ‘‘[he] to their voices. The assistant legislative clerk pro- would be ignoring the law. ‘‘There is a If nothing else, perhaps the President ceeded to call the roll. path to get this done,’’ he said, ‘‘and will at least consider the views of Mr. MCCONNELL. Mr. President, I that is through Congress.’’ He is right. Democratic Senators and Members of ask unanimous consent that the order The action he has proposed would ig- Congress who have urged him not to do for the quorum call be rescinded. nore the law, would reject the voice of this. These Democrats understand the The ACTING PRESIDENT pro tem- the voters, and would impose new un- consequences of a President from a dif- pore. Without objection, it is so or- fairness on law-abiding immigrants, all ferent political party citing this prece- dered. without solving the problem. dent in the future. In fact, his action is more likely to Either way, he needs to understand f make it even worse. We have already something: If President Obama acts in RECOGNITION OF THE MINORITY seen the consequences of Deferred Ac- defiance of the people and imposes his LEADER. tion for Childhood Arrivals, or DACA, will on the country, Congress will act. his most recent action in this area. It We are considering a variety of op- The ACTING PRESIDENT pro tem- was a factor in encouraging young peo- tions, but make no mistake—when the pore. The Republican leader is recog- ple to risk their lives on a perilous newly elected representatives of the nized. journey some would never have even people take their seats, they will act. f contemplated and some would never Look, as the President has said, de- mocracy is hard. Imposing his will uni- PROPOSED EXECUTIVE ACTION complete. The effect of this action could be just laterally may seem tempting. It may Mr. MCCONNELL. Mr. President, I as tragic. Just as the Affordable Care serve him politically in the short term. would like to say a few words this Act had little to do with making But he knows it will make an already morning about President Obama’s pro- health care more affordable, slapping broken system even more broken, and posed Executive action on immigra- the term ‘‘immigration reform’’ on he knows this is not how democracy is tion. I will begin with a quote from the something does not make it actually supposed to work because he told us so President himself. ‘‘Democracy is immigration reform. Just as with himself. hard,’’ he said during a commencement ObamaCare, the action the President is I suggest the absence of a quorum. speech in Miami 3 years ago. ‘‘But it’s proposing is not about solutions, it is The ACTING PRESIDENT pro tem- right. [And] changing our laws means not about compassion, it seems to be pore. The clerk will call the roll. doing the hard work of changing minds about what a political party thinks The assistant legislative clerk pro- and changing votes, one by one.’’ would make for good politics. ceeded to call the roll. As somebody who well understands It seems to be about what the Presi- Mr. CARDIN. Mr. President, I ask just how difficult the work of changing dent thinks would be good for his leg- unanimous consent that the order for minds and votes can be, I could not acy. Those are not the motivations the quorum call be rescinded. agree more with the President’s state- that should be driving such sweeping The ACTING PRESIDENT pro tem- ment. Americans accept that democ- action, and I think the President will pore. Without objection, it is so or- racy’s blessings are only made possible come to regret the chapter history dered. by the constraints it imposes—both its writes if he does move forward because f legal contours and those imposed by the plan he is presenting is more than MORNING BUSINESS popular elections. just—as the President himself has ac- The ACTING PRESIDENT pro tem- We accept democracy’s messiness. We knowledged—an overreach, it is also pore. Under the previous order, the accept that we may not always get all unfair. What does the President have Senate will be in a period of morning of what we want exactly when we want to say to the countless aspiring immi- business until 2 p.m., with Senators it. Based on more of what the Presi- grants who spent literally years wait- permitted to speak therein for up to 10 dent said in Miami, this is something ing patiently in line, to the people who minutes each. he seemed to understand as well. He played by all the rules? Where is his The Senator from Maryland. was talking about immigration that compassion for them? What does the f day. President have to say to the millions of Here is something else he said on Americans who still can’t find work in TRAGIC SYNAGOGUE SLAYINGS that topic. ‘‘I know [that] some . . . this economy? The President can’t Mr. CARDIN. Mr. President, I know I wish that I could just bypass Congress reach across the aisle to secure a seri- express the sentiments and outrage of and change the law myself. But that’s ous jobs plan for them, but he is will- every Member of this body about the not how democracy works.’’ Indeed, it ing to put everything he has into one tragic events in Israel this past Tues- is not—all of which makes the Presi- Executive action? Where is the justice? day where those in a synagogue were dent’s planned Executive action on im- There is a larger point too. Some brutally slain. It was a shock to all of migration even more jarring. people seem to have forgotten this al- us—in a synagogue, in a place of wor- If the President truly follows ready, but we just had an election. Be- ship, people there praying and study- through on this attempt to impose his fore that election the President told us ing, and their lives were brutally will unilaterally, he will have issued a about his plan to act unilaterally on ended. rebuke to his own stated view of de- immigration. He reminded us that his Let me just mention the victims. mocracy. He will have contradicted his policies were on the ballot. And then Rabbi Moshe Twersky, Rabbi Aryeh past statements on this very issue. The the people spoke. The President doesn’t Kupinsky, Rabbi Kalman Levine, instances of President Obama saying have to like the result, but he has a Avraham Goldberg, and Zidan Saif, a that he does not have the power to do duty to respect it. The American peo- police officer. the kinds of things he now plans to do ple clearly sent a message. Nobody I particularly want to mention Rabbi are almost too numerous to list. missed it. They said they want to see Kupinsky because there is a connection

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.002 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 20, 2014 CONGRESSIONAL RECORD — SENATE S6165 here to Maryland. Three of the victims was established to deal with the rise of crisis that grows more alarming every had U.S. citizenship. Rabbi Kupinsky is anti-Semitism, and an action agenda day, and that is the continued Russian a cousin of a distinguished constituent, came out of that conference 10 years encroachment into Ukraine. It has Judge Karen Friedman of Baltimore. ago. It put responsibility on us—polit- been over 2 months since the Ukrainian So this affects all of us. ical leaders—to speak out against anti- Government entered into a ceasefire I know first and foremost our prayers Semitic activities in our own country agreement with Russian-backed sepa- are with the families and we express or anywhere in the world. It set up an ratists in southeastern Ukraine. It is our deepest sympathy. I also express action plan to deal with educating, and an agreement that the separatists have our resolve to eliminate such extrem- particularly dealing with Holocaust repeatedly violated, and since it came ists and to work with the international education, to deal with the Holocaust into effect hundreds—hundreds—of community so there is no refuge any- deniers. It dealt with police training Ukrainian soldiers have died in battle where in the world—anywhere in the because we understand a lot of crimi- against these same separatist forces. civilized world—for such extremists. nal activities are hate crimes and the The Ukrainian people want peace, Then I would hope we would all recog- police need to be able to identify when but these insurgents and their patrons nize and speak out for Israel’s right, in- hate crimes are taking place in their in Moscow are not interested. Every deed its obligation, to defend its people own community. day they grow more aggressive and from such brutal attacks. We decided to share best practices by bolder in their violations of the The Baltimore Sun said this morning providing technical help to countries Ukrainian territory and their willing- in its editorial there could be no ex- to do better, and we established a spe- ness to subvert the international order. cuse, no explanation, no reason or even cial representative to deal with anti- I know there are some in this body plausible justification for the horrific Semitism. Rabbi Baker is currently who would say this is not our problem, attack on a Jerusalem synagogue Tues- that special representative. But we it is thousands of miles away, and not day that left four Rabbis and an Israeli went further than that, we expanded it our concern. Some people may think it police officer dead. to all forms of intolerance—not just doesn’t matter which flag flies over the I know we all believe in that state- anti-Semitism but xenophobia, anti- territory. I have a different view. To Muslim activities—because we recog- ment. There is no justification for such me, what happens in Ukraine is very nized that the same people who are ex- actions. Yet Hamas—and again I would much in our interests. It is in the in- tremists and who deny individuals be- quote from the Sun paper—‘‘Hamas, terests of all who value liberty and the cause of their anti-Semitic acts would the militant [extremist] group that right to choose one’s own future. The do the same against Muslims, would do controls Gaza, hailed the attack in the the same against any people because of stakes are very high, and the con- synagogue as a blow against Israel’s their race or ethnic background. sequences of inaction are devastating. occupation. . . . ’’ I was very pleased to see commemo- To those who ask why is this impor- This just points out the difference be- rated the 10th anniversary of the Ber- tant, let me bring up several points. tween Hamas and Israel. I have been on lin conference. There was a recon- First, it is in America’s interest to the floor many times talking about vening in Berlin—Berlin plus 10. Am- uphold our traditional commitment to Israel’s legitimate right to defend bassador Powers, our Ambassador to supporting democracy around the itself and Hamas’s desire to put inno- the United Nations, led the U.S. dele- world and the right of a people to cent people in harm’s way. It is our re- gation. She did a great job. I want to choose their own destiny. When the So- sponsibility to speak out. If this event acknowledge that Wade Henderson, viet Union fell and the people of East- would have happened in the United representing the Leadership Con- ern Europe took back the liberty that States, I think we all know what the ference on Civil and Human Rights, had been stolen from them decades be- reaction would have been. So our re- also participated because there is unity fore, the United States made a solemn solve goes out to the people of Israel here. It is not just the anti-Semitic ac- promise: Embrace democracy, freedom, that we will stand by them and that we tivities, it is the intolerance we have transparency, and the rule of law, and stand by their right to defend them- seen grow too much in our world com- we will embrace you. selves. munity today. The Ukrainian people made their This is in the backdrop of a rise of The concluding document said we choice. They did so on the 24th of Au- anti-Semitism. We have seen these vio- need to increase our political and fi- gust, 1991, when an independent lent attacks in Brussels and Toulouse nancial support for civil societies, and Ukraine ceased to be a dream and be- earlier this year, a brutal slaying in I agree with that. Transparency and came a reality. They reaffirmed that Antwerp, Jewish schools and commu- supporting the NGOs, supporting civil commitment over a decade later when nity centers and synagogues being tar- societies, is critically important. the Orange Revolution swept a corrupt gets of attacks, extremist parties gain- The bottom line is we must work to- government from office. And earlier ing political support espousing anti- gether to root out all forms of anti- this year in the face of Russian Semitism. We saw that in Hungary and Semitism and all forms of intolerance. threats, intimidation, and aggression, other countries. Let us work together to make all our they did so again. I saw that commit- I want to mention once again the communities safer by embracing diver- ment firsthand earlier this year when I role this Congress plays in the Helsinki sity and recognizing basic human had the honor of leading a Congres- Commission. I have the honor of being rights. sional delegation with my colleague the Chair of the Helsinki Commission With that, I suggest the absence of a from Maryland, Senator CARDIN, to during this Congress, and the Helsinki quorum. monitor the Ukrainian Presidential The ACTING PRESIDENT pro tem- Commission implements the commit- election. Senator CARDIN and I saw the ments we made almost 40 years ago— pore. The clerk will call the roll. spirit of the Ukrainian people and their The assistant legislative clerk pro- the Helsinki Final Act; the core prin- determination to honor the memory of ceeded to call the roll. ciples of human rights and tolerance. The ACTING PRESIDENT pro tem- brave men and women who had given Our bedrock principle is that in order pore. The Senator from Ohio. their lives in the fight for a free and to have a stable country you have to Mr. PORTMAN. Mr. President, I ask independent Ukraine. That fight con- have a commitment to basic human unanimous consent that the order for tinues today. rights, and it is not just your obliga- the quorum call be rescinded. But this fight is about more than just tion but every country that is part of The ACTING PRESIDENT pro tem- Ukraine. Failing to honor our commit- Helsinki, including the United States, pore. Without objection, it is so or- ment to the Ukrainians will have real that has the right to challenge any dered. consequences that extend to other na- tional security priorities for the United other country in its compliance with f those basic human rights. We have States of America. When Ukraine made progress. RUSSIAN ENCROACHMENT INTO emerged as an independent nation after Ten years ago I was privileged to be UKRAINE the Cold War, it inherited the world’s part of the U.S. delegation in the Ber- Mr. PORTMAN. Mr. President, I rise third largest stockpile of nuclear weap- lin conference. The Berlin conference today to call this body’s attention to a ons. As a newly independent State

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.004 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6166 CONGRESSIONAL RECORD — SENATE November 20, 2014 looking to ensure its sovereignty and tary, and ideological credibility of the We shouldn’t be afraid to call this ex- territorial integrity, Ukraine could Western system. Russian aggression actly what it is. This is part of a Rus- have relied on its nuclear arsenal to against Ukraine today or Georgia back sian invasion. We saw it in Crimea; we ward off would-be aggressors. They in 2008 is as much about demonstrating are now seeing it in other parts of made a different decision. Instead of the emptiness of U.S. and Western Ukraine. pursuing this dangerous path, they guarantees as it is about control of Two months ago the President of sought and received assurances from these individual countries, in my view. Ukraine, Petro Poroshenko, spoke here the international community that its The conflict in Ukraine is the latest es- before a joint session of Congress. We borders would be respected if it gave up calation of this trend, one that will were all there. It was a poignant its nuclear weapons. continue until the United States and speech, a powerful speech, and one In 1994, the United States, the United its allies say firmly, ‘‘This shall not from the heart. There is a line in that Kingdom, Russia, and Ukraine signed continue.’’ speech that I think stood out. In speak- the Budapest Memorandum in which The President keeps saying that ing about the aid we have sent to all sides pledged to respect Ukraine’s ‘‘there is no military solution to this Ukraine and thanking us for that aid, territorial integrity, refrain from using conflict.’’ The President may think so, President Poroshenko said, ‘‘One can- military force or economic pressure to but Moscow certainly does not. The di- not win the war with blankets. Even limit Ukrainian sovereignty, and pro- rect Russian military involvement in more, we cannot keep the peace with a vide assistance to the Ukraine if it be- Ukraine has been on full display for the blanket.’’ came the victim of aggression from an- world to see for months. In previous And he was right. Blankets won’t other nation. times it may have been easier to keep stop this tank we saw earlier. Blankets Clearly Russia has broken its part of these movements out of sight, even as won’t stop bullets. Blankets won’t pro- that agreement. Now the question is President Putin does his best to sup- tect Ukrainian children from Russian whether we are breaking ours. If we do press a free press. But we are fortunate artillery shells. break our word, what will the impact to have reporters willing to document We don’t know a whole lot about be on American counter-proliferation what they see for all the world to wit- what the United States has provided to efforts around the world? How can any ness. the Ukrainians, but I will get to that nation we seek to prevent from devel- Here are a few examples in the media in a moment. We are having trouble oping nuclear weapons ever trust U.S. from recent days. This is a picture of a getting that information from the ad- security assurances if they see the car- Russian-made T–90 main battle tank in ministration. But we know a few nage and destruction in Ukraine, if the Luhansk Oblast of Ukraine re- things. We know we have given them they see this as being the result of cently. This T–90 tank, by the way, is a blankets, sleeping mats, military ra- trading nuclear weapons for American very sophisticated Russian tank. tions, medical kits, and body armor. guarantees? Do you know who owns these T–90 This is the majority of what we have More than just the credibility of U.S. tanks? Here are the countries: Algeria, been providing, as far as we know, to counter-proliferation efforts is at stake Azerbaijan, India, Turkmenistan, and the Ukrainian military. I know the here. Events in the Ukraine are a di- Russia. I think it is safe to say that Ukrainians are grateful for these rect challenge to the entire U.S.-led these tanks didn’t drive from South items. But when you compare this to international order. U.S. economic and Asia or from North Africa. They came the Russian involvement, the dif- military power was the glue that kept from Russia, and they are in Ukraine. ferences are startling. Here is what we Here is a picture of a Sukhoi-24 at- the Western alliance together through provided to the Ukrainians. Here is the tack fighter reportedly taken in Rus- the challenges of the Cold War and Russian support being provided to the sia. You will see painted on the tail the formed the foundation of an inter- separatists. I am proud of the hard- flag of the pro-Russian separatists. Not national order based on universal val- working Ohioans—— ues and standards of conduct that has many people are aware of reports that The ACTING PRESIDENT pro tem- led to unprecedented global prosperity Russia is helping to create a separatist pore. The Senator has used 10 minutes. and stability. This in turn has pro- air force, but we must wake up and re- Mr. PORTMAN. While I am proud of duced a period of U.S. economic growth alize the extent to which Russia is de- the hard-working Ohioans in Cin- and security unrivaled in our Nation’s termined to trample on Ukraine and cinnati and elsewhere who are making history. Confidence in America’s will- the global order to achieve its ends. In these rations, and the folks in Heath ingness to use our unmatched capabili- the last couple of days there have also who produce these helmets, they know ties to uphold this system deters po- seen reports of significant movement as well as I do that this equipment tential challengers and incentivizes of Russian aircraft to the Ukrainian doesn’t constitute deterrence, espe- other countries to play by the rules, border. cially not when Ukrainians are facing which prevents us from actually having These are just a few examples of the advanced Russian equipment and to use them. Russian armored personnel carriers, ar- America’s commitment to uphold tillery, tanks, air defense systems, troops. this system is incredibly important. If electronic warfare units, and thousands May I ask unanimous consent for an the credibility of this commitment is of Russian troops that NATO reports additional 3 minutes? in doubt, then the stability and open- say have moved into Ukraine over the The ACTING PRESIDENT pro tem- ness upon which U.S. economic pros- last several weeks. According to the pore. Without objection it is so or- perity and national security depend is Ukrainian analysts, Russian and sepa- dered. jeopardized and the chance for vio- ratist forces have been organized into Mr. PORTMAN. Thank you. lence, instability, and economic col- mobile strike groups and have com- I don’t mean to downplay the impor- lapse increases. pleted reconnaissance of Ukrainian po- tance of the economic, political, and By the way, the Russian Government sitions in preparation for an all-out as- humanitarian aid we have provided. In- knows all this. President Putin, who sault. Barely a day has gone by since deed, there are many economic and po- famously declared the collapse of the the signing of the so-called ceasefire in litical reforms the Ukrainians will Soviet Union to be ‘‘the greatest geo- September where Ukrainian troops need to make in order to secure long- political catastrophe of the 20th cen- haven’t come under attack, as separat- term peace and prosperity. But how tury,’’ knows that his dream of build- ists probe Ukrainian defenses looking can Ukrainians be expected to make ing a new Russian empire out of the for an opening. Since the beginning of these difficult but necessary reforms if ashes of the Soviet Union requires es- the conflict, conservative estimates it cannot control its own borders or tablishing Russian dominance over its have put the number of Ukrainian sol- maintain law and order? There is a newly independent neighbors, many of diers killed or wounded at roughly military dimension to this crisis we whom—like Ukraine—want closer inte- 4,000. simply cannot ignore any longer. gration with the West, not Russia. To By the way, at least another approxi- Moscow continues to believe that accomplish this goal, Moscow must mately 5,000 civilians have been killed military force is a viable option to shatter this political, economic, mili- or wounded in the fighting. achieve its goals. Unless the United

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.014 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 20, 2014 CONGRESSIONAL RECORD — SENATE S6167 States and its allies help the Ukrain- quested? How do our assistance efforts When America is strong, when we ians prove otherwise, we shouldn’t ex- fit into a comprehensive strategy? stand unequivocally for freedom and pect any change in its behavior. This complete lack of transparency justice, when we don’t back down in Ukraine needs anti-tank weapons to on the day-to-day implementation of the face of threats and intimidation, defend against armored assaults; it U.S. assistance raises questions about that is when we see a world that is needs modern air defense systems to the underlying policy guidance driving more stable, less dangerous, and more defend against Russian air superiority; it and whether the administration ac- free. That is because we stand with our it needs unmanned aircraft to monitor tually has far more modest goals than allies. its borders and to detect violations of the President’s public rhetoric would More wars, more conflicts, more its sovereignty and the ceasefire. It suggest. For example, a bipartisan as- threats to our security—these do not needs secure communications gear to sessment, conducted by GEN Wesley arise from American strength; these prevent Russia from accessing Ukrain- Clark, Retired, and former top Pen- arise from American weakness. Let’s ian plans and troop locations. It needs tagon official Dr. Phillip Karber, and be strong again. Let’s lead again. Let’s advanced counter-battery radar to tar- featured in the New York Times, the help Ukraine. The world is watching. get the artillery batteries responsible Washington Post, and other major Mr. President, I yield the floor. for so many of the casualties in the newspapers, revealed that the Obama The ACTING PRESIDENT pro tem- conflict. It needs elite rapid reaction administration has issued extremely pore. The Senator from Georgia. forces capable of responding to Russian restrictive instructions on the type of Mr. ISAKSON. Mr. President, I ask border provocations and the fast-mov- nonlethal aid the United States could unanimous consent to be recognized for ing asymmetric ‘‘hybrid war’’ tactics provide. The lack of this aid has cre- up to 10 minutes. the Russians use to destabilize the ated real problems for the Ukrainians. The ACTING PRESIDENT pro tem- country. Therefore, they also need The fact is that no one in Congress pore. The Senator is recognized. training. The Ukrainians have asked knows how these regulations will be f for this support, and we should provide applied. This is a huge problem and REMEMBERING HERMAN J. it. stands in the way of a coherent and ef- RUSSELL Most importantly, Ukraine needs a fective policy. sustained commitment from the United Yesterday the President’s Deputy Mr. ISAKSON. Mr. President, on Sat- States and our NATO allies to provide National Security Adviser testified urday night of last week, Georgia, At- both the quality and the quantity of that strengthening the Ukrainian lanta, and America lost a great citizen. equipment necessary to preserve its forces is ‘‘something we should be look- Herman J. Russell was one of the independence. This is not a partisan ing at.’’ While this is a welcome change greatest African-American business issue. Leading Democrats in the Sen- of tone, we should be well beyond the leaders and civil rights leaders the ate, such as the Chairmen of the Armed point of just looking at it, in my view, world has ever known. He passed peace- Services and Foreign Relations Com- because every day we delay, every day fully in his home after a short illness, mittees, Senators LEVIN and MENEN- we dither, every day we match Russian but his legacy and his life will last for- DEZ, as well as Senator CARDIN and oth- action with half-measures and self-im- ever—not just in the history books but ers, have joined in calling for increased posed limitations, Moscow is indelibly on the skyline of our city. assistance, including defensive weap- emboldened and the danger grows. In 1952 Herman J. Russell started a ons. Yet the President and some of his I am convinced that a piecemeal, re- small plastering company called H.J. top advisers continue to stand in the actionary response to intimidation Russell & Company. He had just grad- way of meaningful action for fear of from Moscow is a recipe for failure. In- uated from Tuskegee Institute in Ala- provoking Russia, as if the tanks stead, we must have a comprehensive, bama, and he came to Georgia to make streaming into Ukraine or the daily proactive strategy that strengthens his fortune and his fame. He started clashes aren’t evidence enough that NATO, deters Russian aggression, and out plastering walls and ceilings, and American restraint has not had the de- gives Ukraine the political, economic, he finished his career building the sired effect on Russian activity and and military support it needs to main- Georgia Dome and the Georgia Pacific policy. tain its independence. We need a strat- Building, the 1996 Olympic Stadium, It is well known by now that the egy that seeks to shape outcomes, not and buildings throughout the Atlanta President has refused to adopt policies be shaped by them. skyline. While doing so he made a lot that actually provide Ukraine with the Much of that leadership must come of money which he reinvested back not capabilities needed to change the situ- from the White House, but this body into his investments but into his com- ation on the ground. What is less well also has a role to play. We should in- munity. known is whether the administration is clude funding for Ukrainian military In 1999 Herman Russell by himself even fully committed to fulfilling the assistance in upcoming spending bills. gave $4 million to Morehouse College, objectives of its own already limited We should pass the Ukraine Freedom Clark Atlanta University, and Georgia policies. Support Act, which would authorize State University, and last December For all the talk we have heard about the assistance Ukraine needs today. We gave $1 million to Children’s the President and his steadfast support should pass legislation that will reduce Healthcare of Atlanta to rebuild and for Ukraine and the $116 million in se- Ukraine’s—and all of Europe’s—reli- help renovate the facility in downtown curity assistance the United States has ance on Russia for its energy resources. Atlanta for a hospital for children. promised to deliver, we know almost And we should pass legislation to en- He was always giving back more than nothing about how these policies are sure that the United States never rec- he asked, but his greatest gift may actually being implemented. This ad- ognizes Russia’s illegal annexation of have been the fact that he enabled ministration has been a black box Crimea. Martin Luther King in the civil rights when it comes to getting even the most The need for action could not be movement in the 1960s. It is well basic information on our efforts to aid more clear. Through his aggression in known that Dr. King would go to Her- Ukraine. Despite multiple requests, in- Ukraine, President Putin and Moscow man’s house to take refuge, take a cluding a letter to the President from are sending a message to Ukraine and swim and relax between the arduous Senator CARDIN and me, we still can’t to the world that America and the times of the civil rights movement. seem to get answers on fundamental West are indecisive and weak and that Herman Russell would finance the questions: What equipment has been their guarantees of support are mean- movement and finance the movement’s delivered to Ukraine? How long will it ingless. The Ukrainian people have re- efforts so they could continue to move take to deliver the equipment we have jected that message, choosing instead forward to bring about equality in the promised but not delivered? What is the path of democracy and openness—a South. That is an indelible mark he the process for determining what capa- path the United States has urged the left in history, not just for our State bilities to provide? How does the equip- Ukrainians and also the world to fol- but for our country. ment we have agreed to provide sup- low. We and our NATO allies must now Herman and his wife had three won- port the capabilities they have re- stand with them. derful children. They are involved in

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.016 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6168 CONGRESSIONAL RECORD — SENATE November 20, 2014 the business today. Today the business wait 4 years to run for a second term. would have literally had available a is still flourishing, as it always has. In He did wait 4 years and he ran for a law enforcement agent every half mile fact, the new Atlanta Dome Stadium, second term, and he lost ultimately to 24 hours a day, 7 days a week. It is a which will house the Falcons, is a $1.3 the President of the United States, massive investment, and it passed the billion stadium in which the company Jimmy Carter. But he was never a Senate 511 days ago. was integrally involved. loser; he was a winner. And in every- That same bill addressed some seri- Our city has lost a great friend, a thing he did, whether it was govern- ous issues about agriculture workers in great African American, and a great ment or business or family life, what- Illinois, California, Texas, and all entrepreneur—so great, he was recog- ever it might be, Carl Sanders excelled. across the Nation. Growers are telling nized by the Atlanta Chamber as its He was such a wonderful man to us they are having a difficult time first African-American member and its share his wisdom and knowledge. bringing in the workers who will do the second African-American president. He About once every 6 or 8 months he backbreaking, hard, physical labor nec- has been recognized by the Butler would have three or four of us over to essary for agriculture. This bill ad- Street YMCA, the Atlanta and Georgia his office, at the age of 89, treating us dressed it. In fact, the bill was en- Business Council, and almost every en- to lunch and talking about the good dorsed by both growers as well as those trepreneur group there is for his con- old days but also talking about the fu- who do the work. It was an amazing po- tributions to business and his contribu- ture. Carl Sanders was not about the litical achievement. tions to investments in the State of past, except for memories; he was It also addressed the issue of H–1Bs. Georgia. about the future for its hope and its Why in the world do we bring the best It is with great sad tomorrow night prosperity for people. and brightest from around the world to that I will go to Ebenezer Baptist Carl Sanders will be remembered for the United States for advanced degrees, Church and be a part of the wake cere- a lot of things, but in Georgia, most advanced education and then welcome mony for Mr. Russell. But it is with importantly, he will be remembered for them to leave? If they stayed and great pride that I rise today on the what became at first a junior college worked to create jobs and new busi- Senate floor to make sure the RECORD system but is now a 4-year college sys- nesses and new innovations in Amer- indelibly recognizes the life, the times, tem which has every Georgia citizen ica, we could build our economy. The and the contributions of Herman J. within a 45-minute drive of a State uni- bill addressed it. Russell. versity system facility. His passion as As important as all of those issues f Governor was education. His legacy in are, the bill addressed 11 million un- Georgia will be education. He contrib- documented people in America—11 mil- REMEMBERING CARL SANDERS uted greatly to our State and greatly lion, and that is just an estimate. The Mr. ISAKSON. Mr. President, on to the future and the prosperity of the bill said those who were here undocu- Sunday night a great Georgian and a people of the State of Georgia. mented—who had been here for several personal friend of mine passed away It is with a great sense of sadness but years—could step up, register with the from this life. At the age of 89, former a great sense of pride that I pay tribute government, pay their filing fee, sub- Governor Carl Sanders died in Atlanta, today on the floor of the Senate to a mit themselves to a background check, GA, at Piedmont Hospital. great Governor of Georgia, a great cit- pay their taxes, and then be reviewed Governor Sanders was Governor of izen of our country, and a great Amer- annually for years to make sure they Georgia from 1963 to 1967. I was at the ican—the Honorable Carl Sanders, were still complying with the laws of University of Georgia as a student former Governor of the State of Geor- the United States. from 1962 to 1966, so my college years gia. They would not qualify for govern- paralleled his gubernatorial years, I yield back the remainder of my ment benefits or programs during this where he made a remarkable change in time. period of time, but they could work the politics and lives of the people of Mr. DURBIN. Mr. President, I ask their way to legal status. That bill Georgia. unanimous consent to speak in morn- passed the Senate on a bipartisan basis Everyone remembers what the 1960s ing business. with 68 votes. The bill then went over were like in the South in terms of seg- The ACTING PRESIDENT pro tem- to the House of Representatives where, regation. Most of the Governors in the pore. The Senate is in morning busi- sadly, it languished. Nothing happened. South—like Governor Wallace from ness. The Speaker of the House refused to Alabama—were segregationists. But f call the bill up for a vote. In fact, he Carl Sanders came forward as a Gov- refused to call any aspect of the bill up ernor who wanted to help bring people IMMIGRATION for a vote. He refused to call it in com- together, who wanted to help bring Mr. DURBIN. Mr. President, it has mittee for any consideration or debate, Georgia and the South through a tur- been 511 days since the Senate passed and then he let it languish. There were bulent time, to see to it that African bipartisan legislation to reform our times when the House Republican lead- Americans rose to equality not just in broken immigration system. Fourteen ership tempted the White House and the way they were recognized but in Republicans joined the Democrats in others by saying: Well, maybe now we the ways the laws were created. In fact, supporting a measure which covered can call it up for a vote. They never, it was Carl Sanders who came to Wash- what I believe are the major challenges ever did. We have waited 511 days, and ington in 1964 to meet with Lyndon facing America when it comes to immi- here we are today. Johnson and help form the foundation gration in the 21st century. This evening, President Obama is for the civil rights laws that passed There was an amendment adopted by going to announce an Executive order later in the 1960s. Senator CORKER, and I believe Senator to address immigration. He has waited Carl Sanders was born in Augusta, HOEVEN cosponsored it. Their amend- patiently, and America has waited pa- GA. He went to the University of Geor- ment would have strengthened our bor- tiently for the Republicans in the gia on a scholarship and played foot- der security to unprecedented levels. House of Representatives to step for- ball, and he left the university to go At this moment in time, we have ward and accept this responsibility, fight in World War II and was a fighter more Federal law enforcement officials but they have refused. They have re- pilot. He came back from World War II, on the border between the United fused to fix this broken immigration graduated from the University of Geor- States and Mexico than the combined system, and you can bet as soon as the gia, and then graduated from Georgia population of all other Federal law en- President issues his Executive order, Law School. He practiced law and was forcement agencies. It is a massive there will be a chorus of complaints elected to the State legislature and commitment which would have been that this President has gone too far by then to the State senate and then Gov- enhanced even more by the comprehen- using his Executive authority to ad- ernor of the State of Georgia. He was sive immigration reform bill. dress this issue. Governor from 1963 to 1967. For those border State Senators, we You won’t hear the facts from the Back then, Georgia Governors could would have reached the point where— critics. You won’t hear from the critics not succeed one another, so he had to from Galveston to San Diego—we that every President since Dwight

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.018 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 20, 2014 CONGRESSIONAL RECORD — SENATE S6169 David Eisenhower—I believe 11 dif- they are, where they are, where they If it passes, and we do—by legisla- ferent Democrats and Republicans— are working, and we will know that tion—a much broader review and have issued Executive orders relating they are paying their taxes to stay in change in the immigration reform bill, to immigration. President George Her- this country. we will have done what we were elected bert Walker Bush basically said—by The alternative from the Republican to do. We will have served this Nation, Executive order—that we are not going point of view—for 511 days—is to do and we will have set out to repair this to prosecute 1.5 million undocumented nothing. That is an unacceptable alter- broken immigration system. immigrants in America. He used his native. I yield the floor. prosecutorial discretion. That is the There is a better alternative to an Executive order, and the President will The ACTING PRESIDENT pro tem- kind of thing which we have come to pore. The Senator from Texas. expect from Presidents, and we expect be the first to say it, and that is that Congress to complain about it. That this Congress—on a bipartisan basis— Mr. CORNYN. Mr. President, I am has continued. rolls up its sleeves and tackles this glad I came to the floor and heard my Here is what we believe President issue. We should. That is why we were friend and colleague, the majority Obama will announce today. The de- elected. To do nothing, as the House whip, from Illinois, and his explanation tails are just starting to emerge in has done for 511 days, is unacceptable. for how it is clearly within the Presi- press reports. He is going to announce To stand by the sidelines and criticize dent’s authority to issue this Execu- that we are going to push for account- this President for using his Executive tive order he plans on announcing to- ability in immigration. Senator MARCO authority—the same Executive author- night. The basic problem is the Presi- RUBIO was on the bipartisan panel that ity used over and over again by Presi- dent himself has said repeatedly he put together the comprehensive immi- dents of both political parties in the doesn’t have that authority. He said it gration reform bill. He said something field of immigration—is not construc- repeatedly. We have all seen the clips that was very pressing, and I wish to tive. on TV and online. He said he doesn’t refer to it at this moment. He said for There is one other thing that is even have the power to do it. He was right those who criticize amnesty, doing worse. Some Members of the other then, and he is wrong now. nothing is amnesty for those who are party are suggesting they are prepared There is a right way and a wrong way here in the United States and undocu- to shut down the Government of the to solve problems. The right way would mented. Doing nothing is amnesty. United States over this issue. If the have been during the first 2 years, after What President Obama is going to President uses his legal authority, they President Obama won the election in suggest—instead of amnesty—is ac- have threatened to shut down the Gov- 2008 and his party commanded 60 votes countability. Here is what he will say. ernment of the United States. in the Senate and a majority in the Those who have children who are We saw that last year when the jun- House of Representatives. If this had American citizens and have been here ior Senator from Texas took the floor been a priority for him, he could have at least 5 years will have a chance to and said he was going to close down the done it then. step forward and register with the gov- government over the issue of the Af- Instead, on a party-line vote, he ernment, pay the filing fee for proc- fordable Care Act. It was a terrible chose to jam through the Affordable essing, submit themselves to a crimi- strategy. A lot of innocent people were Care Act—ObamaCare—and we see nal background check, and pay their hurt. It cost our government and our what a disaster that has been. It was taxes. economy dearly. It was a politically not just me. I was a skeptic. I didn’t The President says, if you will do desperate act which I hope will not be think it would work. While the goals that—under his order—it is my under- repeated ever again—certainly not were laudable and worthy, I just didn’t standing it will say you can legally when it comes to the issue of immigra- think the Federal Government had the work in America. They will not become tion. competence or certainly the ability to a citizen nor will they have legal sta- If there was ever a time for us to reconfigure one-sixth of our economy. tus beyond the work permit, but they stand together—both political parties— But the President did it, his party don’t have to fear deportation. They and solve a problem, this is it. Stand- passed it, and it enjoyed no bipartisan are down the list and are not consid- ing on the sidelines and complaining— support. ered a dangerous person who should be which is what we have heard over and That is one of the basic problems deported. over again from the House Republican with what the President is doing today. The highest priority for those who leadership and continue to hear when The reason why it is so important to will be deported are those with crimi- it comes to the President’s Executive follow the Constitution—which re- nal records, and they should be de- order—is not the kind of constructive quires passing legislation affecting 5 ported. There is no room in the United policy the American people need. million people through both Houses of States for anyone—let alone undocu- I applaud the President. He is going Congress and forces us to negotiate and mented—who come here and commit a to take a lot of grief for this—for using build consensus—is because those are crime. his Executive power—but thank good- Secondly, if you have repeat offend- ness he is stepping up and addressing sustainable policies. ers and those who violated the legal the problem. Where others have walked If you try to do things on a ‘‘my way system, they will be in the second cat- away from it, ignored it, and come up or the highway’’ basis or on a purely egory. with every excuse on Earth, he is di- partisan basis, those are not sustain- The third category of those who meet rectly addressing the problem. And able because we know that as time goes the criteria I mentioned will be given now it is time for us in the Congress to by, today’s majority will be tomor- their chance. do the same thing. row’s minority. Now a Democrat occu- This is about accountability. This We are going to come back after pies the White House. Perhaps next really says to those who wish to say: If Thanksgiving and will be here for at time a Republican will occupy the you will play by these rules, we will least 10 days. Speaker BOEHNER, leader White House. Who knows. The point is give you a chance to stay and work. of the Republican House, has the au- that only objectives we pursue through What is the reason? We want to de- thority to instantly call to the floor of the legislative process according to the port felons; we don’t want to deport the House this bipartisan immigration Constitution and the laws of the families. We want to deport criminals; bill which passed the Senate. There is United States of America that are done we don’t want to deport children. We no excuse. If he is going to criticize the on a bipartisan basis through that nat- will focus our efforts on the borders on President for using his power to solve a ural census-building that is required in those who are trying to come across problem, then the Speaker should use order to reach our goals—those are and those who are here and should his power to address that same prob- truly sustainable policies. And when leave. That means more resources lem. Call the comprehensive immigra- the President decides to do it through would be put into enforcement, and it tion reform bill before we leave at the an Executive order, exercising powers also means that those who are here end of this year. Bring it up for a vote that he himself said he does not have, will be registered. We will know who in the House. I think it will pass. what are people supposed to think?

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.020 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6170 CONGRESSIONAL RECORD — SENATE November 20, 2014 I heard my friend from Illinois say, his action to the 6 million people who the laws, including the Constitution of Well, it has been 511 days and Repub- will now see these 5 million getting the United States. That is the oath the licans haven’t swallowed the com- preferential treatment? And how in the President takes when he is sworn in: ‘‘I prehensive immigration reform bill world does he explain it to the people do solemnly swear.’’ These laws, of that has come from the Senate. They who have waited patiently year after course, are beyond the Constitution are not required to swallow it. They year trying to do it the right way? The drafted by Congress. It is ‘‘Schoolhouse can pass legislation or not on their own President has effectively bumped them Rock.’’ Bills start in the House, and in timetable. The old joke is that the op- out of the line and bumped 5 million the Senate they have to be reconciled posing party is our adversary, but the people ahead of them. and then sent to the President. That is Senate is the enemy. That is the joke I have every confidence that if we civics 101. Maybe we need a new course in House circles. So there is a natural were able to do this in a thoughtful, de- called remedial civics 101 for those who rivalry between the House and the Sen- liberative sort of way, we could find a have somehow forgotten how the Con- ate. They are not expected nor required compassionate and satisfactory out- stitution is written and how it actually to accept what we pass, nor are they come for the people who made the mis- is implemented in the form of the leg- required to do it on our timetable. I be- take of entering the country illegally islative process. lieve Speaker BOEHNER and Majority or who have overstayed. I believe in Of course, if the President objects to Leader MCCARTHY are committed, as proportionality. We don’t give the what Congress sends him, that is when am I and the incoming majority leader death penalty for speeding tickets. So I the negotiations start. He can veto it. come January, Senator MCCONNELL, to think there is an appropriate way to We can vote to override it if we have making progress on an incremental address this, but it is not by an am- the votes. If we don’t, we are back to basis in this important area. It has to nesty. I call it an amnesty because, ba- square one and we have to start that be thoughtful, and we have to have ful- sically, there is no reconciliation proc- negotiation again. some debate with everybody partici- ess. In other words, when a person I have never seen or even read of a pating in the process. makes a mistake—and we all make President who seems so detached, so There are important questions. What mistakes and we all understand the as- disinterested in actually engaging in impact is the President’s Executive pirations and hopes immigrants bring this process set out by the Constitu- order going to have when the unem- to the United States because they tion. This President says if he doesn’t ployment rate is still at 5.8 percent na- come here for the same reason people get his way, I have a pen. I have a tionally and when the percentage of have historically come here, and that phone. I am going to go it alone. Well, people actually looking for work is at a is for the American dream. We under- that is a disaster waiting to occur, be- 30-year low because many people have stand that. But we also understand cause it is a provocation to the other given up because of the slow-growing that when somebody has made a mis- branches of government which say, economy? What is the impact of these take, they need to own up to it and Well, we are not irrelevant in this proc- 5 million—or however many additional they need to reconcile themselves to ess and we may have something to say work permits the President presumes lawful authority because, otherwise, about it. I think we will see some of to have the power to issue—what is the the attitude is the law doesn’t matter, that in the very near future with re- impact going to be on competition for and it is the law that protects all of us gard to the way appropriations are jobs with the economy growing slowly no matter who we are, where we come made and what functions of govern- and jobs in short supply? What is the from, or how we pronounce our last ment fund it. I heard my friend from Illinois say, impact of the President’s Executive name. And when we have a lawless People are even threatening a govern- order going to be on household median process, as we do now and which this ment shutdown. That is not true. income? We know wages have been Executive order does nothing to fix, I take that back. The Democrats are stagnant for the middle class because what that does is perpetuate lawless- saying that. No Republican has said of this slow-growing economy. What is ness and chaos, and it also continues to that. It is just not going to happen. It the impact of millions of additional enrich these criminal organizations shouldn’t happen and it won’t happen. people competing for jobs in the econ- that are more than happy to charge I love it when our friends in the other omy going to be on wages? people $5,000, $6,000 a head to make party like to tell us about our own in- I would like to have the answers to that treacherous journey. ternal politics. I was at the White those questions. Beyond all of the issues I just ad- House with the President and bi- I would also like to know if the dressed, this is a terrible precedent. cameral, bipartisan leadership and our President has the power—which he said Again, I understand now the President Democratic friends said that the House he doesn’t have but now apparently he has decided—and some of our Demo- of Representatives can’t pass any im- has changed his mind—to issue this cratic colleagues say, Well, this is the migration reform bill. Well, I don’t kind of Executive order affecting 5 mil- same thing George Bush did and this is know how they know that, unless they lion people? What about the other 6 the same thing Dwight Eisenhower did. have some insider wisdom that is not million people who are in the country Well, it is not, and the President knew obvious to the people who actually who did not come in in compliance that when he said he didn’t have the work there and have the responsibility with our immigration laws, who either authority to do this previously. Now he to make it work. overstayed their visas or came across has changed his mind. Now the argu- What I know and what I believe is the border illegally? ment is they issued Executive orders that there is a good-faith desire to try I come from a border State. We have essentially implementing bipartisan to solve this problem, but not by what 1,200 miles of common border with legislation such as the 1986 amnesty I call the ‘‘pig in the python’’ ap- Mexico. We encountered what was de- that Ronald Reagan signed. There were proach. In other words, we tried that scribed as a humanitarian crisis be- Executive orders taken in furtherance with the Affordable Care Act, a 2,700- cause we had this magnet known as the of that consensus position based on the page bill involving trillions of dollars impression that we would not enforce legislation. However, never has any of expenditure done purely on a par- our laws that encouraged people to President purported to have the au- tisan basis and it didn’t work. I think make that treacherous journey from thority to, out of whole cloth, do what there is an understandable aversion to Central America across Mexico. Many this President says he is going to do. trying to do things in a comprehensive of these immigrants lost their lives, Where does he get the authority to sort of way. So why not break it down were sexually assaulted or kidnapped issue work permits? I understand he into pieces and do what we can, be- and held for ransom—very dangerous can prioritize prosecution and deporta- cause there are a lot of different pieces circumstances in the hands of the tion, and he has, but where does the that enjoy bipartisan support. criminal organizations that basically President get the authority to issue I think the precedent the President is control this business. This is a business work permits for millions of people? setting is very dangerous, because if he for them. But if the President has the This is rocking people’s fundamental purports now to have this power which authority to do this for 5 million, why confidence in their government. We he previously said on numerous occa- not the 11 million? How does he explain elect Presidents to faithfully enforce sions he didn’t have, what about future

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.006 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 20, 2014 CONGRESSIONAL RECORD — SENATE S6171 Presidents? What about policies others just come. If they are one of the lucky ica through Mexico in the hot weather, may not like? Even if a person believes ones, they get to stay because this let’s say, and they are dehydrated, they this is a pretty good idea—a person President or somebody will issue a fur- are worried about their life and their might say, The President is trying to ther pardon. health, they can actually go hit this act because obviously this is a con- As I said earlier, this is also a major rescue beacon and the Border Patrol troversial issue and things aren’t mov- boom to the cartels and other gangs will come pick them up which is maybe ing fast enough, so I like what the who control Mexico’s smuggling net- not their first choice, but it is better President is doing. Suppose a person works. It will almost certainly lead to than dying from exposure. says that. Well, just think about the thousands of people who committed The languages of those rescue bea- possibility that a few years from now crimes in this country gaining legal cons, the ones I saw outside the check- when we have an election, we have a status. It will also, as I said earlier, point at Falfurrias, TX—they are in new President, and what if that Presi- punish people who played by the rules English, Spanish—that doesn’t surprise dent says, Well, President Obama pur- and waited patiently in line trying to anybody. The third language is Chi- ported to exercise this massive Execu- immigrate to the country legally. It nese. Chinese is not a native language tive authority in defiance of the Con- will punish them by putting them in for most—for anybody, I bet, in Brooks stitution and the laws, so I guess I can the back of the line. County, TX. What it demonstrates is do it, too. Let me just repeat this because it is that there is a pipeline coming across This is not the kind of political sys- important to me. America is the most the southwestern border from all over tem we want. This is not good for the generous country in the world when it the world. It doesn’t take a lot of American people. We do not want a comes to legal immigration. We are the imagination to see what a potential system in which each party, when they beneficiary of the brains, the ambition, threat that is from a public safety happen to be in power, takes their turn the hard work of people who come here standpoint. abusing Executive authority. We do from all over the globe. All of us I know there are people who scoff at not want that. I would have thought weren’t—or almost all of us, our ances- the idea of enhanced border security. there are enough people who love this tors were not born in the United The Senator from Illinois said we have institution known as the U.S. Senate States. We came from somewhere else. enough Border Patrol to have one and believe it has an indispensable role Mine came through Ellis Island from every half mile, 24 hours a day. This in our government who would say, Ireland after one of the potato crop would be a way to try to secure the Wait, Mr. President, don’t do it, be- famines in the 19th century. So we un- border. It has to be a combination of cause we may like the policy, but this derstand both the desire to pursue the technology. It has to involve boots on really is an end run around the Con- American dream in this country and the ground, and in some places—this is stitution and the role that is appro- the benefits that accrue to our country controversial along the border—we priately played by both Houses of Con- as a result of legal immigration. That need to have what they call tactical in- gress and the Executive. is why we are such a generous country frastructure, fencing in some places, But, apparently, there are few, if when it comes to legal immigration, particularly in urban areas where it is any, folks on the other side of the aisle but the current chaos associated with easy to sprint across and be lost in a who believe that our tradition and our illegal immigration has a number of crowd before anybody discovers them. constitutional system of legislating is very negative consequences. Last year there were roughly 414,000 worth preserving—at least in this in- I mentioned a moment ago my State people detained coming across the stance. has 1,200 miles of common border. It southwestern border—414,000 from I have spoken at some length about gets attention every once in a while as more than 144 countries. Does that the practical consequences of the it did when this humanitarian crisis in- sound as though we solved the problem President’s amnesty, but those con- volving these unaccompanied minors of border security? No. sequences also bear repeating since the occurred, but it happens day after day We are also sending mixed messages, eyes of the country are now focused on that people are detained coming across as I said earlier, in terms of deterrence what the President is going to an- the southwestern border from all over because people keep coming because nounce tonight. We know from recent the world. they think they have a pretty good experience that the President’s unilat- I met a young man about 6 months shot of making it in, and then the eral amnesty will be communicated to ago when I was down on the border who President issues an Executive order. people in other countries as a signal had emigrated from Bangladesh. I won- I wish to mention one other issue that they can all come in. That is what dered how in the world did he get here that has a particular impact on com- happened with the unaccompanied chil- from there. There were a number of munities in my State of Texas, because dren; 62,000 of them I think the number other Senators and Congressmen with we are on the frontlines of this issue, is, roughly, from Central America since me. We asked the Border Patrol: Can which is cost to the local taxpayer. I last October. The reason there was a we ask him? They said: Sure. know the distinguished Presiding Offi- flood and a humanitarian crisis, as de- It turned out he spoke enough cer is a former mayor. The cost of scribed by the President and the ad- English. I asked: Well, how much did it health care, law enforcement, and edu- ministration themselves, is because the cost you to get here? cation fall not primarily on Federal signal was the green light is on and He said: Six thousand dollars. taxpayers, they end up falling on local people can come to the United States. I said: How did you get here? taxpayers, including the taxes they pay People need to come legally. As long He said: I had to transit eight coun- for their school district or their city or as they get here, they can stay. This is tries to get here. their county, the emergency health because it undermines one of the basic That is a pretty complicated care provided to the local emergency premises of effective law enforcement, itinerary for anybody even under nor- room and of course law enforcement and that is deterrence. In other words, mal circumstances, but what it dem- costs. we don’t want to just try to stop people onstrates is there are networks not Believe me, people who come across after they break the law. Actually, it is just in Central America and Mexico but the border are not all coming for the too late to stop them. What we like to around the world that feed people into right reason. There are people who ex- do is deter people from even thinking this network in order to immigrate to ploit our poorest border with criminal about breaking the law and, in this in- the United States illegally. What we intent on their mind. They are dan- stance, even making that perilous jour- are doing is nothing about that. Last gerous, and so law enforcement has to ney. year people were detained at the south- take special precautions. That costs There is going to be a surge, an up- western border from 140 different coun- money. It costs the local taxpayers. tick, of some type of an illegal immi- tries. If someone goes down to the out- The Federal Government has been gration. People are going to see this as side of Falfurrias, TX, down in South abdicating its responsibility along the a further signal it is OK to come, and Texas, they have rescue beacons the border for a long time. I, for one, have they don’t need to comply with the Border Patrol has put out. If someone to chuckle when my friends from non- law, they don’t need to wait. They can made this long trip from Central Amer- border States want to tell me and tell

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.007 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6172 CONGRESSIONAL RECORD — SENATE November 20, 2014 my constituents about our backyard talked about the importance of biparti- adopted by you, with which you think because frankly, to put it in a nice sanship. Not that I am ever going to that any one of us is unacquainted? way, they need more information be- get the Presiding Officer to agree with Shame on the age and on its lost cause they don’t know what they are me on everything I believe and he is principles. The Senate is aware of these talking about. not going to agree with me on every- things; the Senate sees them; and yet Most of my friends in the—this is un- thing I believe, but they made the this man dictates by his pen and his derstandable. We all understand our point when it comes to some of the phone. Dictates. Aye, he will not even States and our regions. We know them most challenging topics, bipartisanship come into the Senate. He will not take better than other parts of the country solutions are the only ones that are ac- part in the public deliberations; he ig- that perhaps we haven’t been to, but tually sustainable. nores every individual among us. We most of my colleagues—I get the im- What happens is after the next elec- gallant men and women think that we pression that their knowledge of the tion, the party that was pushed out of are doing our duty to the Republic if border is from movies they have seen the process and run over then says, OK, we keep out of the way of his frenzied or novels they have read, not from the we are going to try to repeal every- attacks. facts on the ground or studying statis- thing they did because we didn’t vote You ought, President Obama, long tics issued by the Border Patrol or the for it and we don’t support it. That ago to have been led to defeat by your Department of Homeland Security. commends itself to my way of thinking own disdain for the people. That de- There is a right way and a wrong way to a recommitment of bipartisan ac- struction which you have been long to do what the President is purporting complishment. I am committed to plotting ought to have already fallen. to do. The right way to do it is in ac- that. What shall we, who are the Senate, tol- cordance with the Constitution which I know from talking to colleagues erate President Obama, openly desirous requires both Houses to pass legisla- across the aisle that after 4 years of to destroy the Constitution and this tion and try to reconcile those in a being shut out of the process them- Republic? For I passed over old in- conference committee and then send selves in the Senate, they are going to stances, such as how the IRS plotted to them to the President. enjoy the new Congress come January silence American citizens. There are regular negotiations tak- because they will be able to participate There was once such virtue in this ing place all along the way, but there in the process. If people have a good Republic that brave men and women are enough areas of consensus that I idea, they can come to the floor and would repress mischievous citizens believe we can make true progress. We talk about it. They can offer their idea with severe chastisement than the have not been able to do it through a and get a vote. most bitter enemy. For we have a reso- comprehensive bill because I think Nobody is guaranteed to win every lution of the Senate, a formidable and there is enormous skepticism, not just time, but people should have a right to authoritative decree against you, Mr. about Washington but about Congress get a vote and to raise the profile of President. The wisdom of the Republic as well as about comprehensive bills the issues they care most about and is not at fault, nor the dignity of this having unintended consequences. the people they work for care most Senatorial body. We, we alone—I say it Take the Affordable Care Act. The about. openly—we, the Senate, are waiting in President said: If you like what you I wish the President wouldn’t do this. our duty to stop this lawless adminis- have, you can keep it. Your prices will It will not work. It is unconstitutional. tration and its unconstitutional am- go down, not up. That ended up not It purports to exercise a power he him- nesty. being true. When that happens people self said he does not have, but he seems I yield the floor and suggest the ab- are skeptical. What are they trying to determined to do it nonetheless. sence of a quorum. sell us next? The best way to deal with I believe the American people will The PRESIDING OFFICER. The that, it seems to me, is to break it react negatively to this President’s clerk will call the roll. down into smaller, transparent pieces, claim of authority to issue this am- The assistant legislative clerk pro- and then move the pieces across the nesty, and I believe then the next step ceeded to call the roll. floor in the House and the Senate, and is for Congress to do everything we can Mr. GRASSLEY. I ask unanimous let’s get them to the President. to stop it and then to do it the right consent that the order for the quorum After we have done that one, two, way, not the wrong way. call be rescinded. three, four times, I think people will I yield the floor. The PRESIDING OFFICER. Without then say: Well, you know what we have The PRESIDING OFFICER (Mr. objection, it is so ordered. just done is immigration reform in an BOOKER). The Senator from Texas. f incremental sort of way. It is not going Mr. CRUZ. Mr. President, the words to satisfy everybody. Again, if your de- of Cicero are powerfully relevant 2,077 NATIONAL RURAL HEALTH DAY mand is I want everything I want or I years later: When, President Obama, do Mr. GRASSLEY. Mr. President, I rise am not going to take anything, we you mean to cease abusing our pa- to recognize National Rural Health know what happens when people lay tience? How long is that madness of Day. I would like to take a moment to down those sort of ultimatums. You yours still to mock us? When is there recognize our rural health care pro- get nothing. to be an end to that unbridled audacity viders and all they do for this country. While there are areas on the immi- of yours, swaggering about as it does Approximately 62 million Americans gration topic, which admittedly is con- now? Do not the nightly guards placed live in rural areas and they depend on troversial, it is challenging, but it is on the border, do not the watches post- an ever-shrinking number of health our responsibility to address these ed throughout the city, does not the care providers. Rural providers play a challenges and these difficulties and do alarm of the people and the union of all very important role in improving the the very best job we can. The answer is good men and women—does not the health of their communities and sup- not—and it can’t be—a Presidential precaution taken of assembling the porting local economies. abuse of power. Senate in this most defensible place— I thank our rural providers—individ- As I pointed out earlier, when we try do not the looks and countenances of uals, hospitals, and clinics—for all they to do things on that basis, just like if this venerable body here present, have do. Rural providers support a popu- we try to pass legislation on a purely any effect upon you? Do you not feel lation that makes invaluable contribu- partisan basis, it doesn’t work. It is not that your plans are detected? Do you tions to this country through food pro- sustainable. It is a provocation to the not see that your conspiracy is already duction, manufacturing, and other people who have been carved out of the arrested and rendered powerless by the vital industries. process to try to do what they can to knowledge that everyone here pos- Yet more people in rural areas are defend their role in the process, and sesses of it? What is there that you did living below the poverty line than their that is what I worry about. last night, what the night before— urban counterparts. Rural hospitals I remember being at a conference not where is it that you were—who was are struggling to continue providing that long ago when James Baker III there that you summoned to meet care due to declining payments, many and Joseph Calafato spoke. They you—what design was there which was exacerbated by the Affordable Care

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.024 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 20, 2014 CONGRESSIONAL RECORD — SENATE S6173 Act. The past few years have been Here we are in another lameduck ses- I fought this issue in the Finance marked by increasing rural hospital sion of Congress, working to finish the Committee when one of the Members closures, with 27 hospitals shutting business we failed to complete the pre- on my side of the aisle tried to strike their doors in the past 2 years. vious year or two. that provision. But we had a bipartisan The trend is concerning and deserves One of those critical pieces of legisla- vote of 18 to 5 to defeat that amend- attention as many more facilities and tion that must be enacted is a tax ex- ment that would have struck the wind communities are at risk. Once a hos- tender bill. It seems as though nearly production tax credit from the bill that pital is gone, the devastating impact every year in recent memory we have is now before the Senate. on the community cannot be undone. put off the extension of expired tax It seems as though opponents of wind The economic impact is unmistakable. provisions until the very last minute. energy have tried at every turn to un- The typical, critical access hospital In 2012 revision provisions remained dermine this industry, and so I am not creates over 140 jobs in primary em- expired for an entire year before we fi- surprised that we are at it again, even ployment and $6.8 million in local nally extended them in January of 2013. considering the 18-to-5 vote in the Fi- wages while serving a population of Similarly, the previous extension of nance Committee. over 14,000. When facilities close, the prior provisions did not occur until the I agree the Tax Code has gotten too consequences of traveling great dis- middle of December. cluttered with too many special inter- tances for medical care are much more Now, once again, we find ourselves est provisions. That is the reason many than just mere inconvenience. The heading into the month of December of us have been clamoring for tax re- delays in obtaining care can mean the with tax extenders having been expired form for years now. But just because difference between life and death. Ac- for nearly 11 months, and there is a lot we haven’t cleaned up the Tax Code in cording to the U.S. News & World Re- of uncertainty that causes a slowdown a very comprehensive way doesn’t port, that was the case for an infant in to the economy when people don’t mean we should pull the rug out from Texas who choked on a grape and died know what the tax provisions are. under domestic renewable energy pro- after the only hospital in the county This is no way to do business. Such ducers. Doing so would cost jobs, harm had closed just a few months before. late action by Congress results in com- our economy, the environment, and our There are a number of similarly trag- plications during filing season for tax- national security. ic stories, and they will continue to payers. That is a big problem for the I am glad to defend the wind energy mount if we fail to take action. IRS. We need to do something right production tax credit and continue to In 1946, Congress recognized the im- now. It is almost too late to get tax defend it. In fact, I can tell you that 22 portance of rural health care providers preparers to know what to do for the years ago, when I first got this passed and worked to build the rural health next tax season. Obviously, tax season through the Congress to become law, I care infrastructure that exists today. is unpleasant enough without our add- didn’t think it would become the big It is called the Hill-Burton Act. The ing to it by failing to do our job in a thing it is. But there is a tremendous country has changed dramatically timely fashion. amount of energy being generated since 1946 and thoughtful action to im- Once again, we have created a lot of today by wind energy. Wind energy prove the distribution and capabilities headaches and uncertainty for individ- supports tens of thousands of American of our rural health care system is over- uals and businesses. This uncertainty jobs. It has spurred billions in private due. We need to act now to support our harms investment and business growth; investment in the United States, and it rural providers and facilitate a respon- in other words, slowing the economy, displaces more expensive and more pol- sible transition to a modernized health as I previously said. This is bad for eco- luting sources of energy. care system. nomic growth and does nothing to cre- More than 70 percent of U.S. wind Rural America is facing what I would ate the jobs that can come when we turbines value is now produced in the call an arbitrary attrition of providers. have more certainty for people who in- United States, compared to just 25 per- The hospital closures are a function of vest in capital and want to provide cent prior to 2005. no specific design. It is all about bal- jobs. Once again, opponents of the renew- ance sheets strained to the breaking The lapse of renewable energy incen- able energy provisions want to have point of continual payment cuts. It is tives has also created a lot of uncer- this debate in a vacuum. They dis- not about where providers need to be to tainty and slowed growth in the renew- regard the many incentives and sub- serve populations. We need to take a able energy. This only serves to ham- sidies that exist for other sources of thoughtful look then at what the fu- per the strides made toward a viable, energy and are permanent law. For ex- ture of rural health care needs to be. self-sustainable renewal energy sector. ample, the 100-year-old oil and gas in- We need to be willing to consider It didn’t have to be this way. The dustry continues to benefit from tax bold steps to ensure that rural America Senate Finance Committee, under the preferences that aren’t generally has access to high-quality health care. leadership of Chairman WYDEN and throughout the economy for all busi- Health care coverage, whether through Ranking Member HATCH, did its job. nesses but only benefit their industry. private insurance, Medicare or Med- We marked up an extenders package in These are not general business tax icaid, without access to providers of early April. The Senate never took up provisions—I want to say that again— that care is meaningless. that package because the majority they are specific to oil and gas busi- We need to put a stop to the arbi- leader refused to allow Republicans to ness. A few examples: Expensing for in- trary process now and work forward in offer amendments. And it happens that tangible drilling costs, deductions for designing a better, sustainable future even a couple of amendments that were tertiary injectants, percentage deple- for rural health care. going to be adopted had wide bipar- tion for oilwells, special amortization I close, once again, by thanking all of tisan support. Rather than consider for geological costs. America’s rural providers. I am com- and advance the Finance Committee I am not going to find fault with mitted to working with all stake- bill, the majority leader shelved the that, but I will find fault with people holders to transition to a better future extenders bill because of fear that who justify that, yet take on wind en- and protect access to health care in Members of his party might have to ergy. These are four tax preferences for America. take tough votes. a single energy resulting in the loss of TAX EXTENDERS With the election behind us, it is now more than $4 billion annually in tax I would like to speak about the tax time to get to work and get the extend- revenue. extenders bill that is being worked on ers bill done. I understand that nego- Nuclear energy is another great ex- between the House and the Senate in tiations are ongoing between the House ample. The first nuclear powerplant an informal conference and to explain and Senate on this issue. I am encour- came online in the United States in why I am concerned about the direc- aged by reports of progress being made. 1958. That is 56 years ago. Nuclear re- tion it might be taking, particularly as However, I am concerned about rumors ceives special tax treatment for inter- it relates to alternative energy and as that some are working to leave out or est from decommissioning trust funds. it relates to wind energy tax produc- shorten the extension of the wind en- Congress created a production tax tion credit. ergy tax credit. credit for this mature industry in 2005,

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.026 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6174 CONGRESSIONAL RECORD — SENATE November 20, 2014 which is going to be available until ting back provisions to be used to pay Pamela Pepper to be a U.S. district 2020. Nuclear also benefits from Price- for reductions in individual and cor- judge for the Eastern District of Wis- Anderson Federal liability insurance porate tax rates. consin. Patty served with distinction that Congress provided. That was sup- I look forward to working with my and is the current chief judge of the posed to be a temporary measure in colleagues in the future to enact tax U.S. Bankruptcy Court for the Eastern 1958, but this temporary measure has reform and put an end to the headaches District of Wisconsin. been renewed through 2025. Nuclear en- and uncertainty created by the regular Although not native to our State, she ergy has also received $74 billion of expiration of tax provisions. Right now has set down deep roots in Wisconsin, Federal research and development dol- our focus must be on extending current first serving in the Office of the United lars since 1950. expired or expiring provisions to give States Attorney for the Eastern Dis- Are those crony capitalist handouts? us room to work towards that goal. trict of Wisconsin, followed by private Well, nobody seems to be attacking It is my hope that we can move practice in Milwaukee and finally serv- them. Is it time to end the market dis- quickly to reach a bipartisan, bi- ing 9 years as a bankruptcy court tortions for nuclear power? Well, no- cameral agreement that can quickly be judge. body is talking about that. But they enacted and that includes the wind en- Pam was born in the delta of Mis- are talking about wind energy. ergy tax provisions. Taxpayers have al- sissippi in a town called Leland. Her We had a Cato study about nuclear ready waited too long. parents were both teachers and in- energy that said: What really gripes me about this stilled in her an intellectual curiosity In truth, nuclear power has never made whole argument is that people say they which has been apparent throughout economic sense and exists purely as a crea- are for all of the above. I am for all of her career. She migrated north for col- ture of government. the above, I can say. You know, that lege and attended Northwestern Uni- People are saying that about wind means fossil fuels, that means all sorts versity in Chicago, where she received energy, but I don’t hear the same peo- of alternative energy, it probably in- a degree in theater. ple saying it about nuclear power. cludes conservation, and it includes nu- After helping a friend get through I don’t understand the argument that clear. But when I see the people fight- the LSAT review course, she realized repealing a subsidy for oil and gas or ing the wind energy tax credit coming she might want to explore other ca- nuclear energy production is a tax in- from petroleum and natural gas and reers and ended up taking the LSAT crease like the accusation against from coal, I think of these people who herself. She obviously had prepared wind, while repealing an incentive on say they are for all of the above, they herself well because she performed well alternative or renewable energy is not are really for all of the below but for on the LSAT and was accepted into the a tax increase. So it is not intellectu- none of the above. And that is wrong Cornell University School of Law. ally honest. and inconsistent. After graduation, she clerked with As I said before, we have had wind in- I want a consistent, uniform tax pol- distinction for Judge Frank Johnson centives since 1992, and I am the father icy for all forms of energy being ex- on the Eleventh Circuit Court of Ap- of that. I suppose now, after 22 years, tended right now. peals and then moved on to become a you might say I am the grandfather of I yield the floor, and I suggest the ab- prosecutor in the U.S. Attorney’s Of- it. I know it won’t go on forever. In sence of a quorum. fice in Chicago. fact, it was never meant to go on for- The ACTING PRESIDENT pro tem- She is widely respected within her ever. And people in the wind energy pore. The clerk will call the roll. profession, evidenced by having held even admit that today and talk about The bill clerk proceeded to call the offices as the president of the Mil- phaseouts. roll. waukee Bar Association and the chair- I am happy to discuss a responsible Mr. WALSH. Madam President, I ask person of the Board of Governors of the multiyear phaseout of that wind tax unanimous consent that the order for State Bar of Wisconsin. She is an in- credit. In 2012, the wind energy was the the quorum call be rescinded. structor of national stature and speaks only industry to put forward such a The PRESIDING OFFICER (Ms. frequently on trial practice and evi- phaseout plan. But any phaseout must HIRONO). Without objection, it is so or- dence. She is currently an instructor at be done in the context of comprehen- dered. the Federal Judicial Center. sive tax reform where all energy tax f I have had the opportunity to speak provisions are on the table, not just to practitioners who have appeared be- wind solely. And it should be done re- UNANIMOUS CONSENT AGREE- fore her bankruptcy court. They have sponsibly, over a few years, to provide MENT—EXECUTIVE CALENDAR told me of her patience with attorneys, certainty and ensure a viable industry. Mr. WALSH. Madam President, I ask which is a virtue of hers they all value. It is time to put an end to the annual unanimous consent that the previous Pam possesses a great sense of kabuki dance that is tax extenders. order be modified so that the following humor, which she often uses to put liti- Good tax policy requires certainty that nomination be added following Execu- gants at ease. She displays compassion can only come from long-term predict- tive Calendar No. 962: Calendar No. in making tough decisions by explain- able tax law. Businesses need the cer- 1008, with all other provisions of the ing the rationale for those decisions tainty in the Tax Code so they can plan previous order remaining in effect. clearly so her reasoning is understood and invest accordingly. The PRESIDING OFFICER. Without by all. She has shown great dexterity Moreover, taxpayers deserve to know objection, it is so ordered. in reacting to difficult situations in that the Tax Code is not just being Mr. WALSH. I suggest the absence of court with calm reasoning. used as another way to dole out funds a quorum. Finally, Pam has been described as a to politically favored groups. However, The PRESIDING OFFICER. The practical judge who promptly resolves the only sound way to reach this goal clerk will call the roll. disputes while faithfully adhering to is through comprehensive tax reform. The legislative clerk proceeded to the rule of law. I agree there are provisions in ex- call the roll. Pam’s intellectual curiosity, her tenders that ultimately should be left Mr. JOHNSON of Wisconsin. Madam demonstrated ability to learn new on the cutting room floor. But it is in President, I ask unanimous consent areas of the law and efficiently admin- tax reform—comprehensive tax re- that the order for the quorum call be ister her office, has convinced me she form—where we should consider the rescinded. will continue to excel in her new role relative merits of individual provi- The PRESIDING OFFICER. Without as a Federal district court judge. Judge sions. Targeting certain provisions for objection, it is so ordered. Pepper has my full support, and I urge elimination now makes little sense for f my colleagues to vote yes on her con- those of us who want to reduce tax firmation. rates as much as possible. PEPPER NOMINATION I conclude my remarks by thanking Tax reform provides an opportunity Mr. JOHNSON of Wisconsin. Madam the hard-working members of our bi- to use realistic baselines that will President, it is my privilege to rec- partisan nomination commission for allow the revenue generated from cut- ommend to the Senate the Honorable their dedication and efforts.

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.029 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 20, 2014 CONGRESSIONAL RECORD — SENATE S6175 I also thank Senator BALDWIN for her consin, the State Bar of Wisconsin, the migration system once and for all, as continued support of this successful Eastern District of Wisconsin Bar As- we did in the Senate when Republicans nominating process that has once sociation, and the Milwaukee Bar Asso- and Democrats came together last again resulted in the selection of a ciation, just to name a few. year. But to those who say we should well-qualified jurist, Judge Pamela Senator JOHNSON and I strongly sup- wait for Congress to act, I think we Pepper, who will serve the N and the port Judge Pepper’s nomination to the have waited long enough. Wisconsin Eastern District well. U.S. District Court for the Eastern Dis- We have been waiting now for 511 The PRESIDING OFFICER. The Sen- trict of Wisconsin. Our joint support of days since the Senate passed immigra- ator from Wisconsin. a judicial nominee should once again tion reform. That is 511 days, during Ms. BALDWIN. I rise this afternoon send a strong message to the entire which time the Republican-controlled to urge my colleagues to confirm Judge Senate that she is the right choice for House of Representatives could have Pamela Pepper for the U.S. District this judgeship. taken up our bill—either voted for it or Court for the Eastern District of Wis- I urge my colleagues to confirm voted against it. The least they could consin. I am delighted to once again judge Pamela Pepper so that she can do is vote. Vote ‘‘yes’’ or vote ‘‘no.’’ I join my colleague Senator JOHNSON on continue her distinguished service to think about what my friend and the the floor to discuss this nomination. the people of Wisconsin and the people former chairman of the Senate Judici- The people of Wisconsin deserve to of the United States of America. ary Committee, Senator Edward Ken- have experienced and highly qualified I yield the floor. nedy, said in the summer of 2007. We judges working for them, and I am The PRESIDING OFFICER. The Sen- had comprehensive immigration re- proud to have worked with my col- ator from Vermont. form before the Senate. It was being league Senator JOHNSON and our judi- Mr. LEAHY. Madam President, what blocked by the Republicans. He said: cial nominating commission to put in is the parliamentary situation? A minority in the Senate rejected a strong- place this process for filling the crit- The PRESIDING OFFICER. The Sen- er economy that is fairer to our taxpayers ical Federal judicial vacancies in our ate is in morning business until 2 p.m. and our workers. A minority in the senate State. I was pleased to join Senator Mr. LEAHY. I thank the distin- rejected America’s own extraordinary immi- JOHNSON in May of this year to support guished Presiding Officer. grant history and ignored our nation’s most urgent needs. But we’re in this struggle for the confirmation of Jim Peterson, f whom the Senate confirmed to a seat the long haul. IMMIGRATION for a Federal judgeship in the Western Senator Kennedy was right. That is District of Wisconsin. I am pleased to Mr. LEAHY. Madam President, as we why Democrats and Republicans came stand on the floor with my colleague know, tonight President Obama is together to pass an immigration bill today to speak in support of another going to speak to the American people out of the Senate. I just ask why, 511 terrific judicial nominee who will serve about reforming our broken immigra- days later, has the Republican-con- the people of Wisconsin well. tion system. I had dinner with him last trolled House refused to either vote for Judge Pepper is an outstanding bank- night, and we talked about this. I it or vote against it? We held days of ruptcy judge, and she will be an out- think it is generally expected that he hearings and lengthy, extensive mark- standing U.S. Federal district judge. will announce what he can do to ad- up sessions. We worked late into the As President Obama noted in making dress some of the problems that are evenings debating the bill. Many of us the nomination, ‘‘Judge Pepper has a tearing families apart, dragging the worked weekends. I remember, because long and distinguished record of serv- U.S. economy down and risking our na- I was there. We considered hundreds of ice, and . . . will serve on the federal tional security. For 2 years the Repub- amendments. More than 300 amend- court with distinction.’’ lican Speaker of the House of Rep- ments were filed. We adopted 136 of Pam Pepper has indeed dedicated her resentatives refused to even allow a them. All but three were adopted with professional career to public service. vote on the Senate’s bipartisan bill. both Republican and Democratic votes. She has a distinguished career as a Because of that, I understand and ap- What was initially a proposal from the judge, Federal prosecutor, public de- preciate why the President is going to so-called Gang of 8 became, through fender, and attorney in private prac- act. the committee process, the product of tice. She has spent that career dedi- There are currently 11 million un- 18 Members from both sides of the cated to serving her clients and the documented immigrants living in the aisle. The Senate Judiciary Committee people of the United States. I am con- United States, but everybody knows we recommended this improved bipartisan fident she will continue her out- are not going to round up and deport 11 bill to the full Senate. It wasn’t ex- standing service on the bench, and the million people. It just can’t be done. actly the bill that I would have writ- people of Wisconsin will benefit from Even if it could be done, it would be to- ten, but it was a fair and reasonable having this experienced and dedicated tally un-American and against every- compromise. It reflected the delibera- public servant as a U.S. district judge. thing that we stand for. These are, tive process at its best, and I felt hon- As we have heard, she has served as after all, mothers and fathers, sisters ored to bring the bill to the floor. the chief bankruptcy judge in the East- and brothers, sons and daughters. They But look what happened. Sixty eight ern District of Wisconsin since 2010, are not a number. They are real people. of us voted to pass it, and the Repub- having served as a bankruptcy judge in And the President’s action will ac- lican Speaker of the House of Rep- that district since 2005. She simulta- knowledge that. It is a necessary step resentatives will not even bring it up neously served the people of the South- in an effort to bring people out of the for a vote. To this day, the Republican ern District of Illinois as a bankruptcy shadows, focus scarce enforcement re- leadership in the House is batting zero judge during that same period. Judge sources on those who actually pose a when it comes to truly addressing the Pepper has contributed significantly to threat, and bring some stability to broken immigration system. the field of bankruptcy law and the those who are hardworking, law-abid- The President is not acting alone. continuing education of bankruptcy ing members of our community. I The American people support immigra- judges and practitioners. would much rather have people who are tion reform. Remember that. The Prior to her time on the bench, Pam- taxpayers and know they are here le- American people support immigration ela Pepper worked both as a solo prac- gally, so we can concentrate on those reform. A bipartisan majority of the titioner engaged in criminal defense who aren’t. That is what the President Senate has endorsed action. It is the work and as a Federal prosecutor in wants to do. House of Representatives that is out of the U.S. Attorney’s Offices in Chicago President Obama knows there is no step. Our system is not going to fix and then Milwaukee. substitute for legislation. President itself. We know this. It should be no Before becoming a bankruptcy judge, Reagan and President Bush used a surprise that the President has decided Pam Pepper also held numerous leader- similar type of Executive order. It is a to use his authority to make our coun- ship positions within the legal commu- temporary and incomplete solution be- try safer, stronger, and more humane. nity, including on the boards of the cause legislation has to be passed. We If Republicans really, truly want con- Federal Defenders Service of Wis- have to step up and fix the broken im- gressional action on reform, they can

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.042 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6176 CONGRESSIONAL RECORD — SENATE November 20, 2014 take action today and allow a vote on EXECUTIVE SESSION Beetlestone to the Eastern District of the Senate-passed bill. I hope that Pennsylvania were reported by the Ju- every Member of the Republican Party diciary Committee by unanimous voice who says that what the President is NOMINATION OF PAMELA PEPPER vote and have the support of their doing is terrible will also ask when TO BE UNITED STATES DISTRICT home State senators. House Republicans are going to vote JUDGE FOR THE EASTERN DIS- The fifth nominee, Victor Bolden, one way or the other on the Senate’s TRICT OF WISCONSIN who has been nominated to the District bill. Our bill would make everything of Connecticut, also has the strong sup- the President is doing unnecessary. Re- port of his home State Senators, Mr. member that. NOMINATION OF BRENDA K. BLUMENTHAL and Mr. MURPHY. Mr. SANNES TO BE UNITED STATES The President has the legal authority Bolden’s credentials are impeccable. DISTRICT JUDGE FOR THE to take this action. Every President Since 2009, he has served as corporation NORTHERN DISTRICT OF NEW since Eisenhower has exercised this au- counsel for the city of New Haven, CT. YORK thority. Some, such as President Prior to joining city government, Mr. George H.W. Bush, did so on a sweeping Bolden served as general counsel and scale. We make laws in Congress. The assistant counsel for the NAACP Legal NOMINATION OF MADELINE COX Defense & Educational Fund. He has President sets enforcement policies. He ARLEO TO BE UNITED STATES clearly has the power to take the also served in private practice as an as- DISTRICT JUDGE FOR THE DIS- sociate and counsel at the law firm of scarce resources we have given him and TRICT OF NEW JERSEY identify and deport those people who Wiggin & Dana in New Haven, CT. pose a danger to our communities, and After graduating from Harvard Law he can limit the deportation of those School, Mr. Bolden began his legal ca- NOMINATION OF WENDY reer at the American Civil Liberties who are law-abiding, tax-paying mem- BEETLESTONE TO BE UNITED bers of the community. Union as a staff attorney and as the STATES DISTRICT JUDGE FOR Marvin Karpatkin Fellow. Madam President, I ask unanimous THE EASTERN DISTRICT OF During the Judiciary Committee ex- consent for 2 minutes. PENNSYLVANIA ecutive business meeting where Mr. The PRESIDING OFFICER. Is there Bolden’s nomination was considered, objection? the ranking member commented that NOMINATION OF VICTOR ALLEN he was troubled by the nominee’s views Without objection, it is so ordered. BOLDEN TO BE UNITED STATES on racial classifications and his advo- Mr. LEAHY. Next week, millions of DISTRICT JUDGE FOR THE DIS- cacy on affirmative action. The rank- families in this country will gather TRICT OF CONNECTICUT ing member also noted that he did not around a table to give thanks for the The PRESIDING OFFICER. Under agree with the nominee’s criticisms of many blessings they have received. I the previous order, the Senate will pro- the Supreme Court’s decision in Shelby know my family and I and our children ceed to executive session to consider County v. Holder. Finally, the ranking and our grandchildren will. The Presi- the following nominations, which the member criticized Mr. Bolden because dent’s actions will be counted among clerk will report. he argued the nominee ‘‘took a narrow those blessings for the millions of The bill clerk read the nominations and legally incorrect view of individual loved ones who worry that their moth- of Pamela Pepper, of Wisconsin, to be rights under the Second Amendment in er, father or grandparents could be de- United States District Judge for the an amicus brief in Heller.’’ The com- ported at any moment. The security Eastern District of Wisconsin; Brenda mittee voted to report Mr. Bolden’s the President’s action will give these K. Sannes, of New York, to be United nomination favorably on a 10-to-8 families on Thanksgiving is powerful States District Judge for the Northern party-line vote. and indispensable. District of New York; Madeline Cox Let me address each of the issues For some, it is about something even Arleo, of New Jersey, to be United raised by Ranking Member GRASSLEY. more urgent. It is about seeking safety. States District Judge for the District First, in cases where Mr. Bolden has While I applaud the President’s an- of New Jersey; Wendy Beetlestone, of advocated for a specific position in nouncement today, I remain deeply dis- Pennsylvania, to be United States Dis- which a Senator may disagree, Mr. appointed by his decision to build a trict Judge for the Eastern District of Bolden was representing a client and large new detention facility to hold Pennsylvania; and Victor Allen Bolden, not expressing his own personal views. vulnerable women and children fleeing of Connecticut, to be United States As chairman of the Judiciary Com- violence in Central America. Many of District Judge for the District of Con- mittee, I have stated repeatedly that these individuals are asylum seekers, necticut. attorneys should not be equated with not criminals, and their ongoing deten- Mr. LEAHY. Mr. President, today we the position of their clients. Our legal tion is unacceptable. I urge him to re- will vote on five outstanding judicial system is predicated upon zealous ad- visit this policy. nominees to our Federal district vocacy for both sides of an issue or The action the President will an- courts. I thank the majority leader for matter. Without this, our justice sys- nounce today is going to draw criti- filing for cloture on these nominees so tem would not function. Victor Bolden cism from those who sought to stop im- we can clear the backlog that still re- understands the difference between the migration reform at every turn. As a mains on our executive calendar as we role of an advocate versus the role of a grandson of immigrants, I say that move toward the end of the 113th Con- judge. In response to a question for the after years and years of obstruction, gress. After we vote on these nominees record from Senator GRASSLEY on ap- the President is right to take action. I today, however, we will still have 21 ju- plying Supreme Court and Circuit am married to a woman who is the dicial nominees pending on the execu- Court precedents, Mr. Bolden testified: daughter of immigrants. At the heart tive calendar to serve on district ‘‘I am fully committed to following the of it all, this is about keeping Amer- courts, the U.S. Court of Federal precedents of higher courts faithfully ica’s communities strong and vibrant. Claims, and the U.S. Court of Inter- and giving them full force and effect, We benefit from immigration. That has national Trade. regardless of any personal feelings I been our history. Let it be our future. The five nominees the Senate will might have.’’ vote on today are all well-qualified Second, not only has Mr. Bolden tes- f lawyers and there should be no con- tified under oath about this distinc- troversy about their confirmation. tion, but he has shown that he would CONCLUSION OF MORNING Four of these nominees: Pamela Pepper apply and implement orders from a BUSINESS to the Eastern District of Wisconsin, higher court. In Ricci v. DeStefano, Brenda Sannes to the Northern Dis- Mr. Bolden represented the city of New The PRESIDING OFFICER. Morning trict of New York, Madeline Arleo to Haven as corporation counsel. In that business is closed. the District of New Jersey, and Wendy case, several White firefighters and one

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.046 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 20, 2014 CONGRESSIONAL RECORD — SENATE S6177 Hispanic firefighter sued the city of behalf of the NAACP Legal Defense and to the law. Victor is a consummate profes- New Haven in 2003, alleging racial dis- Educational Fund in District of Colum- sional with unquestionable integrity. These crimination after the city threw out bia v. Heller. At the time Mr. Bolden observations are not limited to me but have the results of an exam used for pro- authored the amicus brief, the control- been the topic of many discussions between me and others, including those inside and motion of the city’s firefighters. The ling precedent in the Supreme Court’s outside the fire service. I cannot think of test results had shown that White fire- jurisprudence was United States v. Mil- anyone who would make a finer addition to fighters had outperformed minority ap- ler, which did not hold that there was our federal judiciary than him. And I could plicants. The Supreme Court ulti- an individual right to bear arms out- not have a greater honor than to write this mately ruled against New Haven and side of the context of a ‘‘well regulated correspondence supporting that. held that the city’s abandonment of Militia.’’ Accordingly, the brief that If you have any questions or there is some- the test results constituted intentional Mr. Bolden filed actually cited to Su- thing more that you feel I could be helpful discrimination against the White fire- preme Court precedent that was con- with please do not hesitate to contact me. Respectfully, fighters. Mr. Bolden subsequently trolling on the issue at the time. Now LT. FRANK RICCI. helped ensure that the city complied that the Supreme Court has decided with the Court’s order and defended the Heller, Mr. Bolden has testified under f decision against collateral attacks. oath that he ‘‘would faithfully apply To his credit, Mr. Bolden did such an the Supreme Court’s decision in Dis- VOTE ON PEPPER NOMINATION outstanding job of ensuring compliance trict of Columbia v. Heller and other with the Supreme Court’s decision that Second Amendment jurisprudence’’ and The PRESIDING OFFICER. Prior to the named plaintiff—firefighter Frank all other areas of the law. the vote, there will be 2 minutes of de- Ricci—wrote a letter strongly sup- Senators should not vote against Mr. bate on the Pepper nomination. porting Mr. Bolden’s nomination. Let Bolden for advocating on behalf of a Mr. LEAHY. I ask unanimous con- me quote some of this letter: client using the applicable Supreme sent that all time be yielded back. It was apparent to me from our initial Court precedent at the time. I have The PRESIDING OFFICER. Without dealings whether as a plaintiff or union rep- heard that some Senators have been objection, all time is yielded back. resentative that the Mayor had made a great continuing to distort Mr. Bolden’s Mr. CRUZ. I ask for the yeas and choice in the selection of the new Corpora- record on the Senate floor during his nays. tion Counsel. Although Victor represented cloture vote. I can only hope that these The PRESIDING OFFICER. Is there a the City and therefore would be naturally sufficient second? presumed an adversary it never felt that distortions and fabrications are dis- missed as they rightly should be. There is a sufficient second. way. Through the remainder of the litigation The question is, Will the Senate ad- from the U.S. Supreme Court decision to the Mr. Bolden is an outstanding nomi- final judgments Victor displayed and has al- nee and a substantial majority of the vise and consent to the nomination of ways displayed the attributes one could hope ABA Standing Committee on the Fed- Pamela Pepper, of Wisconsin, to be for in a jurist. He’s always conscious that eral Judiciary has also rated him ‘‘well United States District Judge for the there are real people affected by decisions qualified.’’ I wholeheartedly support Eastern District of Wisconsin? that are made but he is also very deliberate this nominee and would strongly urge The clerk will call the roll. in those decisions with an unwavering com- The bill clerk called the roll. mitment to the law. Victor is a consummate my fellow Senators to do the same. There being no objection, the mate- Mr. DURBIN. I announce that the professional with unquestionable integrity. Senator from North Carolina (Mrs. These observations are not limited to me but rial was ordered to be printed in the have been the topic of many discussions be- RECORD, as follows: HAGAN), the Senator from Louisiana (Ms. LANDRIEU), and the Senator from tween me and others, including those inside JULY 25, 2014. EVIN and outside the fire service. I cannot think Hon. PATRICK J. LEAHY, Michigan (Mr. L ) are necessarily of anyone who would make a finer addition Chairman, Senate Judiciary Committee, U.S. absent. to our federal judiciary than him. And I Senate, Washington, DC. Mr. CORNYN. The following Senators could not have a greater honor than to write DEAR SENATOR LEAHY: I write this cor- are necessarily absent: the Senator this correspondence supporting that. respondence with great excitement and en- from Georgia (Mr. CHAMBLISS) and the I ask unanimous consent to have thusiasm to support the nomination and ap- Senator from Louisiana (Mr. VITTER). printed in the RECORD the full letter of pointment of Attorney Victor Bolden to the The PRESIDING OFFICER. Are there support. U.S. District Court of Connecticut. any other Senators in the Chamber de- Third, Mr. Bolden’s criticisms of the I have known and worked with Attorney Bolden for more than 5 years. I first met him siring to vote? Supreme Court’s decision in Shelby around the time that he was appointed Cor- The result was announced—yeas 95, County v. Holder in a 2013 editorial poration Counsel for the City of New Haven. nays 0, as follows: were shared by a substantial number of Our first interactions surrounded an ongoing [Rollcall Vote No. 288 Ex.] legal scholars and Senators, including legal matter that I was the lead plaintiff, YEAS—95 me. As I have said, the Shelby County Ricci et al. v. DeStefano et al. As a member, representative and current Alexander Fischer Merkley decision was a dreadful decision and Ayotte Flake Secretary-Treasurer of New Haven Fire Mikulski wrongly decided. A narrow majority of Baldwin Franken Moran Fighters IAFF Local 825, positions I’ve held the Court decided to substitute its own Barrasso Gillibrand Murkowski for over 16, these were challenging times. judgment over the exhaustive legisla- Begich Graham Murphy Emotions and frustrations surrounding this Bennet Grassley Murray tive findings of Congress showing that issue were somewhat raw to say the least. Blumenthal Harkin Nelson racial discrimination in voting still oc- The relationship between the plaintiffs, Blunt Hatch Paul curs. Instead, the Court chose to effec- union and the City, especially the Corpora- Booker Heinrich Portman Boozman Heitkamp Pryor tively strike down the heart of the tion Counsel was completely broken and Boxer Heller Reed seemed irreparable. Brown Hirono Voting Rights Act by holding that the Reid Luckily that was about to change. It was Burr Hoeven coverage formula for preclearance was Risch apparent to me from our initial dealings Cantwell Inhofe outdated. I authored a bipartisan bill Roberts whether as a plaintiff or union representa- Cardin Isakson along with Congressmen SENSEN- Carper Johanns Rockefeller tive that the Mayor had made a great choice Rubio BRENNER and JOHN LEWIS on this, but Casey Johnson (SD) in the selection of the new Corporation Sanders to this date, not a single Senate Repub- Coats Johnson (WI) Counsel. Although Victor represented the Coburn Kaine Schatz lican has signed on. In short, I believe City and therefore would be naturally pre- Cochran King Schumer that Victor Bolden’s views on voting sumed an adversary it never felt that way. Collins Kirk Scott rights are well within the mainstream. Through the remainder of the litigation from Coons Klobuchar Sessions Shaheen Nevertheless, Mr. Bolden has stated for the U.S. Supreme Court decision to the final Corker Leahy judgments Victor displayed and has always Cornyn Lee Shelby the RECORD that he ‘‘would faithfully Stabenow displayed the attributes one could hope for Crapo Manchin Cruz Markey Tester apply Supreme Court and Second Cir- in a jurist. He’s always conscious that there cuit precedent’’ on the issue. Donnelly McCain Thune are real people affected by decisions that are Durbin McCaskill Toomey Lastly, Mr. Bolden has been criti- made but he is also very deliberate in those Enzi McConnell Udall (CO) cized for authoring an amicus brief on decisions with an unwavering commitment Feinstein Menendez Udall (NM)

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.034 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6178 CONGRESSIONAL RECORD — SENATE November 20, 2014 Walsh Warren Wicker utes of debate prior to the vote on the Schumer Udall (NM) Whitehouse Warner Whitehouse Wyden Shaheen Walsh Wyden Arleo nomination. Stabenow Warner NOT VOTING—5 Mrs. BOXER. I ask unanimous con- Udall (CO) Warren Chambliss Landrieu Vitter sent to yield back all time. NAYS—46 Hagan Levin The PRESIDING OFFICER. Without The nomination was confirmed. Alexander Graham Moran objection, all time is yielded back. Ayotte Grassley Murkowski VOTE ON SANNES NOMINATION The question is, Will the Senate ad- Barrasso Hatch Paul The PRESIDING OFFICER. Under vise and consent to the nomination of Blunt Heinrich Portman the previous order, there will be 2 min- Madeline Cox Arleo, of New Jersey, to Boozman Heitkamp Risch Burr Heller utes of debate prior to a vote on the be United States District Judge for the Roberts Coats Hoeven Rubio Sannes nomination. District of New Jersey? Coburn Inhofe Scott Cochran Isakson Mr. REID. I yield back all time. The nomination was confirmed. Sessions Collins Johanns The PRESIDING OFFICER. Is there Shelby VOTE ON BEETLESTONE NOMINATION Corker Johnson (WI) objection? Tester The PRESIDING OFFICER. Under Cornyn Kirk Without objection, all time is yielded Crapo Lee Thune back. the previous order, there will be 2 min- Enzi Manchin Toomey Mr. MCCAIN. I ask for the yeas and utes of debate prior to a vote on the Fischer McCain Wicker nays. Beetlestone nomination. Flake McConnell The PRESIDING OFFICER. Is there a Mr. LEAHY. I ask unanimous con- NOT VOTING—5 sufficient second? sent that all time be yielded back. Chambliss Hagan Vitter There appears to be a sufficient sec- The PRESIDING OFFICER. Without Cruz Landrieu ond. objection, all time is yielded back. The nomination was confirmed. The question is, Will the Senate ad- The question is, Will the Senate ad- Mr. LEAHY. Madam President, I vise and consent to the nomination of vise and consent to the nomination of move to reconsider the vote. Brenda K. Sannes, of New York, to be Wendy Beetlestone, of Pennsylvania, to Mr. REID. I move to lay that motion United States District Judge for the be United States District Judge for the on the table. Northern District of New York? Eastern District of Pennsylvania? The motion to lay on the table was The clerk will call the roll. The nomination was confirmed. The assistant bill clerk called the agreed to. VOTE ON BOLDEN NOMINATION roll. f Mr. DURBIN. I announce that the The PRESIDING OFFICER. Under Senator from North Carolina (Mrs. the previous order, there will be 2 min- NOMINATION OF JAMES D. PETTIT, utes of debate prior to a vote on the HAGAN) and the Senator from Lou- A CAREER MEMBER OF THE SEN- Bolden nomination. isiana (Ms. LANDRIEU) are necessarily IOR FOREIGN SERVICE, CLASS absent. Mr. CARPER. I ask unanimous con- OF MINISTER-COUNSELOR, TO BE Mr. CORNYN. The following Senators sent to yield back all time. AMBASSADOR EXTRAORDINARY are necessarily absent: the Senator The PRESIDING OFFICER. Without AND PLENIPOTENTIARY OF THE from Georgia (Mr. CHAMBLISS) and the objection, all time is yielded back. UNITED STATES OF AMERICA TO Senator from Louisiana (Mr. VITTER). Mr. ISAKSON. I ask for the yeas and THE REPUBLIC OF MOLDOVA The PRESIDING OFFICER. Are there nays. any other Senators in the Chamber de- The PRESIDING OFFICER. Is there a siring to vote? sufficient second? The result was announced—yeas 96, There appears to be a sufficient sec- NOMINATION OF PAMELA LEORA nays 0, as follows: ond. SPRATLEN, A CAREER MEMBER [Rollcall Vote No. 289 Ex.] The question is, Will the Senate ad- OF THE SENIOR FOREIGN SERV- YEAS—96 vise and consent to the nomination of ICE, CLASS OF MINISTER-COUN- Alexander Franken Murkowski Victor Allen Bolden, of Connecticut, to SELOR, TO BE AMBASSADOR EX- Ayotte Gillibrand Murphy be United States District Judge for the TRAORDINARY AND PLENI- Baldwin Graham Murray District of Connecticut? POTENTIARY OF THE UNITED Barrasso Grassley Nelson Begich Harkin Paul The clerk will call the roll. STATES OF AMERICA TO THE Bennet Hatch Portman The bill clerk called the roll. REPUBLIC OF UZBEKISTAN Blumenthal Heinrich Pryor Mr. DURBIN. I announce that the Blunt Heitkamp Reed Senator from North Carolina (Mrs. Booker Heller Reid Boozman Hirono Risch HAGAN) and the Senator from Lou- Boxer Hoeven Roberts isiana (Ms. LANDRIEU) are necessarily NOMINATION OF TAMARA WENDA Brown Inhofe Rockefeller absent. ASHFORD TO BE A JUDGE OF Burr Isakson Rubio Cantwell Johanns Sanders Mr. CORNYN. The following Senators THE UNITED STATES TAX COURT Cardin Johnson (SD) Schatz are necessarily absent: the Senator FOR A TERM OF FIFTEEN YEARS Carper Johnson (WI) Schumer from Georgia (Mr. CHAMBLISS), the Sen- Casey Kaine Scott RUZ Coats King Sessions ator from Texas (Mr. C ), and the Coburn Kirk Shaheen Senator from Louisiana (Mr. VITTER). Cochran Klobuchar Shelby The PRESIDING OFFICER. Are there NOMINATION OF L. PAIGE MARVEL Collins Leahy Stabenow any other Senators in the Chamber de- TO BE A JUDGE OF THE UNITED Coons Lee Tester STATES TAX COURT FOR A Corker Levin Thune siring to vote? Cornyn Manchin Toomey The result was announced—yeas 49, TERM OF FIFTEEN YEARS Crapo Markey Udall (CO) nays 46, as follows: Cruz McCain Udall (NM) Donnelly McCaskill Walsh [Rollcall Vote No. 290 Ex.] Durbin McConnell Warner YEAS—49 Enzi Menendez Warren NOMINATION OF CARY DOUGLAS Feinstein Merkley Whitehouse Baldwin Durbin McCaskill PUGH TO BE A JUDGE OF THE Fischer Mikulski Wicker Begich Feinstein Menendez UNITED STATES TAX COURT FOR Flake Moran Wyden Bennet Franken Merkley Blumenthal Gillibrand Mikulski A TERM OF FIFTEEN YEARS NOT VOTING—4 Booker Harkin Murphy Boxer Hirono Murray Chambliss Landrieu Brown Johnson (SD) Nelson Hagan Vitter Cantwell Kaine Pryor The nomination was confirmed. Cardin King Reed NOMINATION OF RAMIN TOLOUI VOTE ON ARLEO NOMINATION Carper Klobuchar Reid TO BE A DEPUTY UNDER SEC- Casey Leahy Rockefeller RETARY OF THE TREASURY The PRESIDING OFFICER. Under Coons Levin Sanders the previous order, there will be 2 min- Donnelly Markey Schatz

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.001 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 20, 2014 CONGRESSIONAL RECORD — SENATE S6179 NOMINATION OF LISA AFUA years; Cary Douglas Pugh, of Virginia, The nomination was confirmed. SERWAH MENSAH TO BE UNDER to be a Judge of the United States Tax VOTE ON PUGH NOMINATION SECRETARY OF AGRICULTURE Court for a term of fifteen years; The PRESIDING OFFICER. The FOR RURAL DEVELOPMENT Ramin Toloui, of Iowa, to be a Deputy question is, Will the Senate advise and Under Secretary of the Treasury; Lisa consent to the nomination of Cary Afua Serwah Mensah, of Maryland, to Douglas Pugh, of Virginia, to be a be Under Secretary of Agriculture for NOMINATION OF GEORGE ALBERT Judge of the United States Tax Court Rural Development; George Albert KROL, A CAREER MEMBER OF for a term of fifteen years? Krol, of New Jersey, a Career Member THE SENIOR FOREIGN SERVICE, The nomination was confirmed. of the Senior Foreign Service, Class of CLASS OF MINISTER-COUN- VOTE ON TOLOUI NOMINATION Minister-Counselor, to be Ambassador SELOR, TO BE AMBASSADOR EX- The PRESIDING OFFICER. The Extraordinary and Plenipotentiary of TRAORDINARY AND PLENI- question is, Will the Senate advise and the United States of America to the POTENTIARY OF THE UNITED consent to the nomination of Ramin Republic of Kazakhstan; Luis G. STATES OF AMERICA TO THE Toloui, of Iowa, to be a Deputy Under Moreno, of Texas, a Career Member of REPUBLIC OF KAZAKHSTAN Secretary of the Treasury? the Senior Foreign Service, Class of The nomination was confirmed. Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of VOTE ON MENSAH NOMINATION NOMINATION OF LUIS G. MORENO, the United States of America to Ja- The PRESIDING OFFICER. The A CAREER MEMBER OF THE SEN- maica; Donald Lu, of California, a Ca- question is, Will the Senate advise and IOR FOREIGN SERVICE, CLASS reer Member of the Senior Foreign consent to the nomination of Lisa Afua OF MINISTER-COUNSELOR, TO BE Service, Class of Minister-Counselor, to Serwah Mensah, of Maryland, to be AMBASSADOR EXTRAORDINARY be Ambassador Extraordinary and Under Secretary of Agriculture for AND PLENIPOTENTIARY OF THE Plenipotentiary of the United States of Rural Development? UNITED STATES OF AMERICA TO America to the Republic of Albania; The nomination was confirmed. JAMAICA Brent Robert Hartley, of Oregon, a Ca- VOTE ON KROL NOMINATION reer Member of the Senior Foreign The PRESIDING OFFICER. The Service, Class of Counselor, to be Am- question is, Will the Senate advise and bassador Extraordinary and Pleni- consent to the nomination of George NOMINATION OF DONALD LU, A Albert Krol, of New Jersey, a Career CAREER MEMBER OF THE SEN- potentiary of the United States of America to the Republic of Slovenia; Member of the Senior Foreign Service, IOR FOREIGN SERVICE, CLASS Class of Minister-Counselor, to be Am- OF MINISTER-COUNSELOR, TO BE and Robert M. Speer, of Virginia, to be an Assistant Secretary of the Army. bassador Extraordinary and Pleni- AMBASSADOR EXTRAORDINARY potentiary of the United States of AND PLENIPOTENTIARY OF THE VOTE ON PETTIT NOMINATION The PRESIDING OFFICER (Ms. WAR- America to the Republic of UNITED STATES OF AMERICA TO Kazakhstan? THE REPUBLIC OF ALBANIA REN). Under the previous order, there will be 2 minutes of debate prior to a The nomination was confirmed. vote on the Pettit nomination. VOTE ON MORENO NOMINATION Mr. MENENDEZ. I yield back all The PRESIDING OFFICER. The NOMINATION OF BRENT ROBERT time on the nominations. question is, Will the Senate advise and HARTLEY, A CAREER MEMBER The PRESIDING OFFICER. Without consent to the nomination of Luis G. OF THE SENIOR FOREIGN SERV- objection, all time is yielded back. Moreno, of Texas, a Career Member of ICE, CLASS OF COUNSELOR, TO The question is, Will the Senate ad- the Senior Foreign Service, Class of BE AMBASSADOR EXTRAOR- vise and consent to the nomination of Minister-Counselor, to be Ambassador DINARY AND PLENIPOTENTIARY James D. Pettit, of Virginia, a Career Extraordinary and Plenipotentiary of OF THE UNITED STATES OF Member of the Senior Foreign Service, the United States of America to Ja- AMERICA TO THE REPUBLIC OF Class of Minister-Counselor, to be Am- maica? SLOVENIA bassador Extraordinary and Pleni- The nomination was confirmed. potentiary of the United States of VOTE ON LU NOMINATION America to the Republic of Moldova? The PRESIDING OFFICER. The The nomination was confirmed. ROBERT M. SPEER TO BE AN AS- question is, Will the Senate advise and VOTE ON SPRATLEN NOMINATION consent to the nomination of Donald SISTANT SECRETARY OF THE The PRESIDING OFFICER. The Lu, of California, a Career Member of ARMY question is, Will the Senate advise and the Senior Foreign Service, Class of The PRESIDING OFFICER (Ms. WAR- consent to the nomination of Pamela Minister-Counselor, to be Ambassador REN). Under the previous order, the Leora Spratlen, of California, a Career Extraordinary and Plenipotentiary of Senate will consider the following Member of the Senior Foreign Service, the United States of America to the nominations, which the clerk will re- Class of Minister-Counselor, to be Am- Republic of Albania? port. bassador Extraordinary and Pleni- The nomination was confirmed. The assistant bill clerk read the potentiary of the United States of nominations of James D. Pettit, of Vir- America to the Republic of Uzbek- VOTE ON HARTLEY NOMINATION ginia, a Career Member of the Senior istan? The PRESIDING OFFICER. The Foreign Service, Class of Minister- The nomination was confirmed. question is, Will the Senate advise and Counselor, to be Ambassador Extraor- VOTE ON ASHFORD NOMINATION consent to the nomination of Brent dinary and Plenipotentiary of the The PRESIDING OFFICER. The Robert Hartley, of Oregon, a Career United States of America to the Repub- question is, Will the Senate advise and Member of the Senior Foreign Service, lic of Moldova; Pamela Leora Spratlen, consent to the nomination of Tamara Class of Counselor, to be Ambassador of California, a Career Member of the Wenda Ashford, of Virginia, to be a Extraordinary and Plenipotentiary of Senior Foreign Service, Class of Min- Judge of the United States Tax Court the United States of America to the ister-Counselor, to be Ambassador Ex- for a term of fifteen years? Republic of Slovenia? traordinary and Plenipotentiary of the The nomination was confirmed. The nomination was confirmed. United States of America to the Repub- VOTE ON MARVEL NOMINATION VOTE ON SPEER NOMINATION lic of Uzbekistan; Tamara Wenda The PRESIDING OFFICER. The The PRESIDING OFFICER. The Ashford, of Virginia, to be a Judge of question is, Will the Senate advise and question is, Will the Senate advise and the United States Tax Court for a term consent to the nomination of L. Paige consent to the nomination of Robert of fifteen years; L. Paige Marvel, of Marvel, of Maryland, to be a Judge of M. Speer, of Virginia, to be an Assist- Maryland, to be a Judge of the United the United States Tax Court for a term ant Secretary of the Army? States Tax Court for a term of fifteen of fifteen years? The nomination was confirmed.

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.051 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6180 CONGRESSIONAL RECORD — SENATE November 20, 2014 The PRESIDING OFFICER. Under dedicated leader in my home State of also. His nearly 25 years of distin- the previous order, the motions to re- Nebraska. guished service required strength of consider are considered made and laid Governor Dave Heineman has guided character and fortitude. upon the table, and the President will our State during the past 10 years with Throughout that service and long be- be immediately notified of the Senate’s vision and with laser-like focus on effi- fore it began, Dave has had a wonderful action. cient government, economic vibrancy, partner in his life, Sally Ganem. Our MARVEL NOMINATION education, and protecting our families. First Lady is impressive and accom- Mr. CARDIN. Madam President, I Under his leadership and careful plished. She is a woman in her own would like to say a few words of con- management, our State held strong right, having served as principal of an gratulations to these nominees and through the economic downturn. Dur- elementary school and now leading nu- particularly to Judge Paige Marvel, a ing that time, the national spotlight merous volunteer and literacy efforts. great Marylander, on her reappoint- shown very brightly on Nebraska as She has supported Dave every step of ment to the Tax Court. one of the healthiest States, guided by the way on a public service journey As we know, the Tax Court serves a Dave Heineman’s very steady hand, to that offers a shining example for others crucial role in this country’s tax sys- ensure we remain debt-free and fiscally to follow. Thus, it is fitting that we tem. It is a highly specialized court sound. But the Governor did far more have never before had a Governor that provides an important forum in than hold the line on spending and bal- whose service spans 10 years, and we which taxpayers can dispute deter- ancing the books of our great State. He may never have that again. minations by the IRS. Tax Court provided historic tax relief, bolstered On behalf of a grateful State and a judges have the difficult task of ably education in our State, and he sent a grateful nation, I offer my sincerest and fairly analyzing the highly tech- signal worldwide that Nebraska wel- gratitude for the dedicated leadership nical legal issues that arise under our comes new business through enhanced Governor Heineman has provided to complex tax code. economic development incentives. It is our great State of Nebraska. At the close of Judge Marvel’s first not surprising that Nebraskans’ enthu- I yield the floor, and I suggest the ab- term on the U.S. Tax Court, I was a siastically elected and then reelected sence of a quorum. strong supporter of her reappointment, Dave Heineman to the post, giving him The PRESIDING OFFICER. The and I am an equally strong supporter of the proud distinction of being our long- clerk will call the roll. her confirmation. Judge Marvel has est serving Governor in the history of The assistant bill clerk proceeded to served on the court with distinction, our State. call the roll. and it is in the best interests of this I had the privilege of working side by Mr. INHOFE. I ask unanimous con- country to keep someone with her in- side with Dave Heineman back in my sent that the order for the quorum call tegrity and expertise on the Tax Court days as Governor of Nebraska. I was so be rescinded. bench. This integrity and expertise was proud to have him as my Lieutenant The PRESIDING OFFICER. Without also apparent prior to Judge Marvel’s Governor in my second term, and I was objection, it is so ordered. assumption of her current office. I always grateful for the job he did di- f recting the State’s homeland security worked extensively with her on a vari- IMMIGRATION ety of issues when I served in the efforts. Maryland General Assembly in Annap- We would have to flip the history Mr. INHOFE. Tonight there will be a olis. books back to 1990, nearly 25 years ago, speech. I think everyone is aware of My colleagues on the Finance Com- to see when he was first elected to pub- that. I think we all know pretty much lic office as a member of the Fremont, mittee, including Chairman WYDEN and what the President of the United NE, city council. Four years later, he Ranking Member HATCH, have worked States is going to say. hard and in a bipartisan manner to was elected to his first statewide office I would like to read the oath of office bring these nominations forward, for to serve as our State treasurer. I was that any President of the United which I am grateful. And, I am ex- mayor of the city of Lincoln at the States has to take, and this President tremely proud that a fellow Mary- time, and I enjoyed watching Dave step has taken this oath in an affirmative lander has been nominated to continue onto the statewide stage with enthu- way for—I ask unanimous consent to the important work of fairly inter- siasm and determination. He wanted to speak as in morning business. preting and applying our tax laws, get things done. The PRESIDING OFFICER. Without Nebraskans would nod their head in which affect the lives of every Amer- objection, it is so ordered. agreement with the assertion that he ican citizen and resident. Mr. INHOFE. Tonight we have the remains as determined today, in the President’s speech, and I would like to f last days of his time in office, as the recite one more time what every Presi- LEGISLATIVE SESSION very first day he walked in. dent has to say and has to affirm be- The PRESIDING OFFICER. The Sen- I should note he first served the pub- fore he becomes President. ate will resume legislative session. lic as a member of our Armed Forces, I do solemnly swear or affirm that I will The Senator from New Jersey. having spent 5 years in the U.S. Army faithfully execute the Office of the President after graduating from the U.S. Military of the United States, and will to the best of f Academy at West Point. As anyone can my ability, preserve, protect and defend the REPRESENTING OUR COUNTRY tell you, it is easy to spot those West Constitution of the United States. ABROAD Point influences even today. All of I think people are overlooking this Mr. MENENDEZ. Madam President, those experiences prepared him so well because they know what to expect to- very briefly, I appreciate working on to serve as our Governor. I had abso- night. They know what is going to hap- both sides to be able to have what is a lutely no doubt about his ability to pen. They know the President is going distinguished set of career ambassadors step into the role when I was confirmed to do something that in the eyes of go to their posts and represent our as the U.S. Secretary of Agriculture. I most people—and I have to say that country abroad, and I hope we can con- passed the baton to Dave with immense most of the people I talk to are from tinue on this march as we move toward confidence, and indeed he took the my State of Oklahoma. They have a lot the end of the session. helm and never missed a beat. It is dif- of common sense and ask the question: I yield the floor. ficult to believe that was 10 years ago. Is this illegal, what we are about to The PRESIDING OFFICER. The Sen- I think both of us have a lot more gray witness? ator from Nebraska. hair to show for it, but we also have The President is bound by the Con- f something more valuable than gold: stitution to ensure the laws on the the honor of having been entrusted to books are being carried out in a man- HONORING GOVERNOR DAVE lead and to serve the best State of the ner that is true to the law that is writ- HEINEMAN United States. I know Governor ten and passed by Congress. It is his Mr. JOHANNS. Madam President, I Heineman has worked each day to duty, his obligation. That was envi- rise today to honor the service of a prove worthy of that trust, as I have sioned by our Founding Fathers.

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.052 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 20, 2014 CONGRESSIONAL RECORD — SENATE S6181 As any school-aged kid or any of my gress codified the policy later that year very happy about this. I went in and grandchildren would say, laws are in the Immigration Act of 1990. So it took a bunch of pictures to see what made in Congress and signed into law wasn’t George H.W. Bush who did this; was going on there. I found out that by the President. Once bills become it was the Congress of 1990 that did they had a facility that had 200 beds. law, the President’s constitutional this. We are not talking about the They had 200 beds. That is a very small duty is triggered at that point, no mat- same thing at all. number of people. ter who holds the office or how that In the case of both Reagan and Bush, I asked the question: How many kids person feels about the particular law. If they worked with Congress and inter- are coming through here? a President finds a law problematic, preted a statute. That is not what is They said: Thousands. then this is how he has to address that happening now. President Obama is I said: How many in the last 6 problem: He has to work with Congress creating a law on his own as to how he months? to change the law. He does not have wishes the law would be. He has no au- They said: Well, several thousand. the authority to unilaterally declare thority to do it. We are going to see Let’s keep in mind they can only bed that law not to apply to millions of this tonight, and I think we need to down 200 people. Thousands have come Americans, which is what I think we have this in our background in what we through. are going to witness tonight. That is are looking for. We came back to trace where these exactly what the President is doing. As we saw with his previous am- thousands actually ended up. We were He issued ultimatums to Congress: nesty—that was 2012; we remember not able to find out. You can find that Pass what I want or else. We heard that, about 21⁄2 years ago—this new Ex- they have a Web site saying how many that. We heard those words. When Con- ecutive amnesty will encourage more States received how many kids. We gress and the American people push people to come here and break the have no way of verifying if that is true. back against him, he charges forward laws. For all we know, there are hundreds of with Executive orders that are written This year, thanks to President thousands of kids out there, and we and executed behind closed doors. Let’s Obama’s Executive order—called the don’t know where they are. remember that at the time this Presi- deferred action for childhood arrivals, Those people who are concerned dent first took office, his big thing was DACA—Americans watched as unac- about 5 to 6 million people tonight, transparency. He wants people to know companied alien children—that is, the keep in mind that it is really much what is going on and not have any sur- UAC—poured over our southern border more than that. On that number, the prises. Yet this is what is happening: seeking the same amnesty others had issue we have is we don’t know where These Executive orders are taking the been given. Who is to say the President the children eventually end up, and the place of those laws that are passed by won’t give them that? It is reported administration does not have to notify Members who are elected to the House that tonight he will be changing the the local governments of their pres- and to the Senate. qualifications of the DACA to include ence. There are counties that are pub- He says the reason for this is he is even more. lished as to how many are in a county. tired of waiting on an immigration sys- What happened then is really worse We don’t know their names. tem that is broken. Those are his than what is happening now and going Interestingly, when I was at Los words. He has taken action because to be announced tonight because at Fresnos on the border, I talked to a lot Congress won’t. That is not the way it least tonight they are talking about 5 of the kids who were being brought works. A Congress that has had—by the to 6 million people who are going to be into this country. Those kids—each way, he had a Democratic majority the granted amnesty, and what he did be- one had a story, and you could tell it first 2 years in the House and Senate fore in encouraging the young people was a rehearsed story: I have parents and the White House. He can’t say we to get here to the United States—we who live in California. I have a dad who are not doing it. He is certainly not re- don’t know where they are today or lives in New York. They all had a story ferring to Republicans. These are the how many there are. down as if they are coming back. excuses for doing what he is doing. In my State of Oklahoma—Fort Sill Keep in mind—these are kids who Some claim he is not doing anything in Lawton, OK—we have a base that came not from Mexico but through different from what President Ronald was given several hundred of these Mexico. We heard only yesterday some Reagan or President George H.W. Bush young children. They are under 18 of the atrocities, the things that had did. I think it is very important, very years of age. They were told they were happened to some of these kids—the briefly, to show you that is not true at to house these children until January. raping, the killing, all of that—as they all. It worked out pretty well because we were making the transition through In 1986 Congress passed and President were in the middle of building some Mexico. Reagan signed into law the Immigra- buildings down there, and so we had a They publish online what States they tion Reform and Control Act, which place for them for a temporary period end up in, but we don’t know the num- gave amnesty to close to 3 million ille- of time. They were supposed to be re- bers, whether these are verified num- gal immigrants. Amnesty was granted leased in January. I went down there in bers or if we are taking their word for by statute, not by Executive order. October, and they were already gone. it. That was a law which was passed and They didn’t really know where they Something is going on, and even I, as which the President signed and agreed were, but they were gone. Even to this a Member of the Senate, have gone to. day, if you call up and talk to the com- down there two separate times to Los Soon after, the people realized the mander down there, they will tell you Fresnos and still don’t know the an- children of these immigrants—who they don’t know for sure where they swer to the questions that I get from were still eligible for deportation— are. people in Oklahoma who are very much were simply overlooked. The fact is, if To go even further into this, I went concerned about this. Who monitors to there is a husband and a wife and they to the Texas border, where I went to a ensure that they remain and show up are able to go ahead and become natu- center called Los Fresnos. There are 18 for court? If they evade the law long ralized citizens, their underaged chil- IES facilities on the southern border. enough,—and they know now they can dren would have to be as well. Every- It is not just in Texas but all—I think evade the law; if the President can do one agreed, no one disagreed, and so 13 of those are in Texas. I went down it, they can do it—then amnesty will they went ahead and did it. That was there to see the process they used. I eventually be received by them. working with Congress. Congress made talked to the Border Patrol. The Bor- We have immigration laws that are that decision with the President of the der Patrol told me they are instructed going to be ignored. What does this say United States. to—and they did—send the kids as they to the immigrants who are coming into In 1990 President Bush expanded came to the various facilities, these 18 America and applying for citizenship in President Reagan’s grant of deferred facilities. So I went to the one that I accordance with the law? deportation to all minor children and believe is the largest. It is called Los I have been honored several times to to the spouses of those who were grant- Fresnos. It is on the southern border on go and be the speaker at naturalization ed amnesty in the 1986 law, and Con- the eastern side of Texas. They weren’t ceremonies in my State of Oklahoma. I

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.055 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6182 CONGRESSIONAL RECORD — SENATE November 20, 2014 will tell you, you cry when you look ment—this is right after the President from someone, I would rather have it out there. You see a couple hundred released the five terrorists. We do not come from Denzel. She always has a people who have come to this country, know where they are, whether they are plan moving forward, and there is usu- gone through the system, studied the killing Americans, where they are ally a joke slipped in there as well. history—and I would suggest those peo- right now. Denzel is too modest to say so her- ple up for naturalization probably He said, ‘‘Mohammad Fazl, his re- self, but she has been in the middle of know the history much better than turning is like pouring 10,000 Taliban a lot of big legislative battles around people who are born here in this coun- fighters into the battle on the side of here. She has been in the mix on pretty try. They learn the language. They go Jihad. Now the Taliban has the right much everything you could imagine through all these things, and finally lion to lead them in the final moment that has to do with budgets and gov- they become citizens of the United before victory in Afghanistan.’’ ernment funding issues—in other States. That is the legal way to do it. So that is another issue altogether. words, pretty much everything. She What are their thoughts right now These people are released to come back has also worked a lot of late nights. after all they have gone through and and kill Americans. But the point is, She has plenty of war stories, but she the doors are open for anyone to come that law was aimed specifically at the has never lost her optimism or her through? Is that compassion for those President that he cannot do that. He good humor. Now, that is no mean feat. people? I don’t think so. Compassion is did it. So when I see these things hap- I am really going to miss Denzel, but acknowledging and respecting the mil- pen, I think I have never seen this be- she has more than earned a break, and lions who adhere to our laws and fore. I wish her nothing but the best as she achieve citizenship. I am not a real student of history, moves on to the next chapter in her But here is the thing. When you stop but certainly I have read an abundant life. I am sure she will be a great suc- being a nation based on the rule of law, amount of the history of this institu- cess. you are at the mercy of one man and tion as well as the President and what f his whims. It sounds exactly like some- is going and what should go on in thing our Founding Fathers were look- Washington and what our Founding TRIBUTE TO CHRIS DOBY ing to avoid and escape. I think that is Fathers envisioned. Our Founding Fa- Mr. MCCONNELL. Mr. President, I the problem we have. I have people thers never envisioned they would have would also like to say a quick word asking me: Why is the President break- a President who would blatantly break about Chris Doby, the Senate financial ing the law with regularity? Does he the law, specifically break the law. clerk, who will be leaving us soon after not have to obey the law the same as That is what is happening now. That more than three decades of service. we do? example is just one of many I could Chris came to the Senate in 1983 after Well, as you know, there is a lawsuit give. So enjoy the speech tonight. I graduating from Radford University. that is being processed over on the think you are going to see that another He was a junior auditor back in those House side. But we also know this: one of our laws looks as though it is days. Today he has a broad range of du- Anyone who comes who has 2 years left going to be broken. That would be our ties. He has weathered a lot of storms. in his term knows if something is immigration laws that are on the He is also one of the most popular guys starting the process to determine books now. in the Senate because he is responsible whether action is legal, it would be I yield the floor and I suggest the ab- for making sure everybody gets paid. probably 5 or 6 years before that case sence of a quorum. But Senators’ staffs are not the only would be decided. By that time he is The PRESIDING OFFICER (Mr. MAR- ones who have nice things to say about long gone. KEY). The clerk will call the roll. Chris. His colleagues praise his sin- I want to mention one thing that is The assistant legislative clerk pro- cerity, his steady hand, his confidence, specific. People say: Well, how can you ceeded to call the roll. and his friendliness. say the President is breaking the law? The PRESIDING OFFICER. The Re- Chris is the consummate family man. He does break the law. He breaks it all publican leader. He has three daughters: Colleen, Caro- the time. One of the things I have been Mr. MCCONNELL. I ask unanimous line, and Courtney; a grandson he concerned about for a long period of consent that the order for the quorum adores; and a wife of 31 years, Cathy. I time is keeping the installation named call be rescinded. know he is looking forward to spending Guantanamo Bay—called Gitmo—keep- The PRESIDING OFFICER. Without more time with all of them. He is prob- ing it open. It is the only place that we objection, it is so ordered. ably looking forward to the end of his can keep the type of terrorists we have The Republican leader is recognized. daily commute too. It is a 2-hour trek down there. It is one, I think, that has f from the District to his home in Vir- worked out well. But somehow there is ginia. That is 2 hours each way, every TRIBUTE TO DENZEL MCGUIRE the obsession that this President has— day. I understand that Cathy has a to- he wants to close Gitmo, Guantanamo Mr. MCCONNELL. Mr. President, I do list for Chris that is a mile long, so Bay. would like to say a few words about a we know he will have a lot on his plate Knowing that, I put an amendment staffer I will be very sad to lose tomor- when he leaves here. But we thank him on the Defense authorization bill in row. Denzel McGuire is one of the most for his long and dedicated service in 2014. If anyone wants to look it up, it is genuine people you will ever meet. She the Senate. section 1035(d) of the 2014 National De- always has a smile on her face and a Mr. President, I suggest the absence fense Authorization Act, the NDAA. It ready joke, and she is the only Senate of a quorum. specifically states—anticipating that staffer I know of who can plan on—lis- The PRESIDING OFFICER. The the President would start releasing ten to this—a personal birthday song clerk will call the roll. these people from Guantanamo Bay from Speaker BOEHNER every year. She The legislative clerk proceeded to without authority, we put into law also has a determination that is as call the roll. that the President shall notify Con- strong as steel. She is a master at ne- Mr. HATCH. I ask unanimous consent gress not later than 30 days before the gotiating. And all Members—even the that the order for the quorum call be transfer or release of any Guantanamo Speaker—have learned it is wise to rescinded. Bay detainee. stay in her good graces. The PRESIDING OFFICER (Ms. What did we find out? The President, Denzel has worked for some of the HEITKAMP). Without objection, it is so without notifying anyone, released most respected Members of this body, ordered. probably the five—in fact, not prob- including Jon Kyl and Judd Gregg. She f ably, certainly the five very worst of has taken on some of the thorniest the terrorists who were being kept issues over her more than 20 years here TRIBUTE TO MICHAEL KENNEDY down there. In fact, one of their names in Congress. Mr. HATCH. Madam President, I wish was Mohammad Fazl. One of the In this job you get accustomed to to take a moment to pay tribute to my Taliban commanders, whose name is hearing bad news, but what I tell peo- former chief of staff, Michael Kennedy. Mullah Salem Khan, made this state- ple is that if I have to hear bad news In my 38 years as a Senator, I have

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.057 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 20, 2014 CONGRESSIONAL RECORD — SENATE S6183 seen many talented staffers come and my children, so naturally I felt protec- the most gifted and devoted people our go, but few have left such a lasting im- tive and wanted the best for her. Nation has to offer. Each of them has pression as Michael. He is someone for When she announced her engagement brought something unique and impor- whom I have a deep appreciation and to Michael, Elaine and I were de- tant to their service, but I have to say much respect. That is why it was so lighted. Still, I was surprised that that even among the select fraternity difficult for me when I learned Michael someone as impressive as Natalie of talented Senate staffers, Michael would be leaving my office to pursue an would agree to Michael’s engagement Kennedy belongs in an elite class. opportunity in the private sector. I had proposal. I guess to his long list of tal- I have no doubt Michael will enjoy come to rely so much on his counsel, ents and accomplishments, we could enormous success in his new position. his leadership, and his savvy. It was add marrying out of his league. Success has been the defining char- very difficult and hard to let him go. I I was very grateful that Natalie knew acteristic of every endeavor he has un- know I speak for everyone on my staff very well the rigors and intensity of dertaken. I have had many chiefs of when I say Michael will be sorely serving on a Senate staff, having staff over my 38 years in the Senate, missed. worked previously with Senator Bob but none has ever been better than Mi- Before Michael came to my office, he Bennett. Not only was she an invalu- chael. was living in Salt Lake City and work- able support to Michael, she was also While the selfish part of me wishes he ing at Utah State University as the there to help me in any way she could. could have stayed in the Senate just a vice president for Federal and State re- She was wonderful. bit longer, I have to say that I wish Mi- lations. Under his leadership, that uni- While Michael was serving as my chael, Natalie, and darling Sweet Pea versity developed its first professional chief of staff, Natalie gave birth to the very best going forward. program, secured critical line-item their daughter Emily—or as I like to I don’t say these things haphazardly. funding, enhanced its footprint and re- call her ‘‘Sweet Pea.’’ Shortly after her This young man is truly one of the fin- source portfolio, and became a key birth, Michael’s family gathered in my est people I have known in all of my player in facilitating the merger of two Capitol office and gave Sweet Pea a fa- experience in the Senate of the United Utah schools. ther’s blessing, as is the tradition in States. He was dedicated, he was con- Michael was also the point man for our faith. It was a sacred experience for secrated to his work, and he did every- all matters related to Capitol Hill and Elaine and me to join Michael and Nat- thing he possibly could to help my staff the Utah State legislature. His reputa- alie and both their families for that and me do a better job in the Senate. tion for hard work and integrity helped special occasion. Michael is a true friend, and he will him craft strong relationships through- Michael’s family wasn’t the only one always be somebody whose friendship I out the State. He knew the landscape, to grow in the time he was with me. revere. As I said, his wife is a wonder- customs, and culture of Utah better During those few years, we had 12 new ful friend as well, and Sweet Pea—I call than almost anyone. His experience babies and 4 spouses added to the fami- her ‘‘Pea’’ now—is one of the cutest, and his reputation proved invaluable to lies of our staff. Whenever there was a most darling young girls that I have me. birth or marriage, Michael went out of ever seen. I know these tributes sound like eu- his way to make sure they were taken With that, I yield the floor and sug- logies with the way we talk about peo- care of. He fostered an atmosphere of gest the absence of a quorum. ple as if they had already passed on. camaraderie, friendship, and family The PRESIDING OFFICER. The Considering how hard Michael worked, friendliness that was critical for my of- clerk will call the roll. I am surprised this isn’t his eulogy. His fice’s ability to serve the people of The legislative clerk proceeded to energy and work ethic always amazed Utah. People always knew he was genu- call the roll. me, as did his sense of style. Perhaps inely concerned for them and their The PRESIDING OFFICER. The Sen- the only thing sharper than Michael’s needs as they tried to adjust to the ator from Connecticut. mind was his wardrobe. Few people can wonderful changes of a growing family. Mr. MURPHY. Madam President, I pull off a navy suit with pink lining Nevertheless, I know there were plen- ask unanimous consent that the order and silver cufflinks, but Michael did so ty of times when Michael would rather for the quorum call be rescinded. with ease. Of course, you might not have been with Natalie than with me. The PRESIDING OFFICER. Without know Michael was such a sharply One particular instance comes to mind. objection, it is so ordered. dressed staffer because his boss usually During the end of the 112th Congress, f stole the fashion spotlight, and after Michael and I rang in the new year to- HEALTH CARE REFORM Washingtonian magazine named me gether during an extended voting ses- the best-dressed man in Congress, I can sion. Michael bought a bottle of blue Mr. MURPHY. Madam President, this only hope that some of my style rubbed Powerade from the downstairs vending past Saturday, open enrollment began off on him. However, if people knew machine here at the Capitol, and we for the second round of State-based and how little I paid for my clothing, I counted down the seconds on my Sen- Federal exchanges all across the coun- think they might want to take back ate clock. I knew he wanted to be with try. that honor. his family, but I was grateful for his We can think about where we were a Michael took a pay cut when he sacrifice in staying with me. year ago today: The government was in joined my staff nearly 4 years ago, and This intense dedication was the norm shutdown. The Federal Web page where he always joked that his next job for Michael Kennedy. Every night that people went to enroll was a blank would be as an unpaid summer intern. I left the Senate, Michael would be screen for many. There was frustration I like to think Michael’s financial sac- there to wish me a safe drive home and all across the country, and a lot of our rifice was emblematic of his desire to continue his work for me late into the friends on the other side of the aisle serve the State of Utah and improve night. Whenever I traveled, he was al- were claiming that this was proof the this great country through the Senate. ways by my side and ready to help. To- health care reform law could not work. His willingness to serve was most evi- gether we spent a lot of time on the They claimed it was a failure from the dent in the way he always put the road, visiting each of Utah’s 29 coun- beginning. needs of constituents and staff above ties. We drove from meeting to meet- Well, a year makes a big difference. his own. ing across beautiful western landscapes It is a year later, and we have 7 mil- Michael’s dedication to my staff was and had many memorable conversa- lion, 8 million people who have insur- only surpassed by his dedication to his tions. Though road trips can often be ance on these exchanges across the family, and I truly believe he owes his long and tedious, Michael’s sharp intel- country. We have lowered the number success to the constant support of his lect and good humor made him one of of people without insurance by 25 per- wife Natalie—an absolutely beautiful the greatest traveling companions I cent in a year’s period of time. That is woman whom I have been blessed to have ever had. remarkable. In my State of Con- know. Natalie and her family have I have been extremely fortunate necticut, where we run the best ex- been friends of mine since she was when it comes to my staff. I have had change in the entire country, we have young. Natalie grew up as a friend of the privilege of serving with some of cut the number of uninsured in half in

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.060 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6184 CONGRESSIONAL RECORD — SENATE November 20, 2014 just a year’s period of time. That is an tion for me to be able to keep my busi- at the largest county in each of the 34 even more stunning number. Health ness and to have affordable health in- States with marketplaces run by the care rates of inflation are as low as surance that can’t be taken away. Federal Government and found on av- they have been in most of our life- Now, Christina hopefully is going to erage that the rate decrease was going times. The State of Connecticut is ac- be what a lot of people call job cre- to be 1 percent. We, frankly, would be tually spending less on Medicaid than ators. She is hopefully going to hire a happy if rate of increase was only 2 or it was a year or two ago, and quality is lot of people for her new business. She 3 percent, because on average in 2008, getting better. By most all of the indi- is going to do it because she was able the premium increase was 10 percent. ces that we follow, the number of peo- to start that new business because of In 2009 it was 10.8 percent, and in 2010 ple who are readmitted to a hospital the Affordable Care Act. it was 11.7 percent. We are having an after a surgery or the number of infec- On Saturday, the first day of enroll- average premium decrease in the ex- tions people get while they are in the ment, HHS said that 100,000 people sub- changes this year. That is more proof hospital are all lower than they were mitted applications for coverage, and that as folks get more coverage, as peo- when the bill first went into effect. more than 500,000 people were able to ple get access to preventive care, they While a lot of my Republican friends log on to healthcare.gov. And more are driving down overall health care come to the floor with stories about than a million, just since open enroll- costs because less people get into cri- people who have bad insurance with ment has begun, have been window sis, less people have to run to the emer- the health care bill, the data clearly is shopping for insurance options. By and gency room, and they get cheaper cost on our side. The data tells only one large, Web sites across the country are care earlier on. That is better for them, story that the Affordable Care Act is working, and they are allowing people better for the taxpayers, and better for working. But we have a lot of stories, to come back and shop for plans. It is their bottom line. too—millions of them, as it turns out. really important that people do come Kara from Granby, CT, has this I have never denied that there will be back and shop for plans, because what story. When Kara was born, the doctors people who have bad experiences with we know is that the insurance industry immediately told her parents that she the health care system, with the Af- likes this bill as well. Now, a lot of peo- was going to face a lifetime of obsta- fordable Care Act, and with the ex- ple on our side of the aisle don’t like cles because she was diagnosed with changes. But they are in the vast mi- the fact that the insurance industry only one ailing kidney and a slight nority. The majority are people such as likes this bill so much, but they like it hearing impairment. Lucky for her, her Christina who is a small business so much that there are about 25 per- parents found a great doctor at Con- owner from Stratford, CT. Several cent more insurers that are offering necticut Children’s Medical Center. years ago, she left a job that provided plans on these exchanges. So if a per- About the time she was 1 year old, employer-based coverage to start her son is on a plan for a year, they should her kidney had started to fail, and a own business in Bridgeport. It was her know there are likely more options out kidney transplant was recommended. dream to start her own business. But as there for them. They should go on the Her father gave her one of his, and she with a lot of Americans who have a State exchange or Federal exchange was able to graduate from high school dream to start their own business, she and check it out. There are going to be and college without having any major was reticent about doing it because she more options with potentially better health problems. But she remembers was worried about losing her health fits for people. always being warned by her parents care insurance. She stayed insured on That is not to say that people about how difficult her life was going COBRA until it expired, and then she haven’t been really happy with the in- to be because of her health ailment but went on the individual market. She re- surance coverage they have. Here is also because of the fact that her life de- calls having to fill out a 15-page ques- some other news we have gotten in cisions were going to be dictated by tionnaire asking, as she says, ‘‘any- since the last time I was on the floor. whether she could get health care. So thing that I had ever remotely dis- The Gallup poll surveyed Americans she was so relieved when she found out cussed with my doctor.’’ Unfortunately who had bought insurance in the first she could stay on her parents’ plan for her, she got a rejection notice from year on these plans, and what they until she was 26, under the new health a carrier that basically just copied and found is pretty remarkable. Seventy care law. That was critical to her be- pasted what she wrote in the applica- percent of the people who bought insur- cause her health, after she graduated tion and said: Here is your preexisting ance in the new marketplace last year college, took a sudden downward turn. condition, and that is why you are un- rated it as good or excellent. Would She began having frequent headaches, insurable. Her only remaining option that we had the same ratings for the and her voice became really hoarse. was to go into Connecticut’s high-risk Senate. Seventy percent of the people What she thought was a virus ended up pool. say the coverage they got was good or to be diagnosed as a brain tumor. While she was shopping around for excellent. Three in four of the newly Because of the ACA and her parents’ insurance, she decided to get her an- insured say they are satisfied with this insurance, she was able to get great nual mammogram at age 40, and the aspect of their health care insurance. coverage. She went out to go look for a hospital told her they found something That is compared to 61 percent among job but wasn’t able to find one that of- suspicious on that mammogram. the general population with insurance. fered health care insurance, and she Facing a potential cancer diagnosis So people are actually more satisfied went on Medicaid before she could sign without health care coverage created on the exchange-based plans than they up for health care insurance herself. an enormous amount of anxiety for are on nonexchange-based plans. If peo- Her tumor reappeared, but even despite her. It was at that moment that it ple are satisfied now, they may be able this latest setback, her doctors still be- struck her how important it was for to get an even better deal because more lieve they can extract the tumor, and people to have coverage. So she went to insurers are now signing up. her prognosis is good. But she has Access Health, which is our State- The other good news is that pre- health care, and she has had contin- based exchange, to look at plans, and miums are going to be, on average, uous health care because of the Afford- she realized she had another option. lower. Now, that is an impossible thing able Care Act, because of Medicaid’s She found a gold exchange plan. It to say in the current health care envi- being expanded throughout the States. asked her to pay $430 a month, which ronment. People are just not used to Kara says that I know for sure that I was a big difference from the $1,200 per hearing that premiums from year to wouldn’t have made it this far in life month that she was paying under the year are going to be lower, but that is without health care. It is incredibly es- high-risk pool. By the way, a lot of the the truth. A study from Kaiser and a sential to have it. You never know repeal-and-replace crowd say we should study from the Wakely Consulting what is going to happen to you. Don’t replace the exchanges with high-risk Group—Kaiser looked at the second take your health for granted. Kara, pools. Well, for Christina, that was a lowest-cost silver plan in 49 cities from Granby, has health insurance con- big financial risk to her. She went from around the country and found the pre- tinuously because of the Affordable $2,500 a month down to $430. She says: miums are going to be decreasing Care Act. Differences are being made I am thankful that there was a solu- slightly from last year. Wakely looked all over the country.

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.063 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 20, 2014 CONGRESSIONAL RECORD — SENATE S6185 I will tell just one more story. That lowing people a better quality of life, individuals who are enrolled in the is one from the middle section of the and it is doing that as well. marketplace plans that provide inte- State from Ohio. Jim worked for 37 As we mark the coming second week grated medical and dental coverage. So years for the same company. He was of open enrollment, it is important then on May 21, and after previously typically putting in 50-hour workweeks again to point out a very simple fact, touting the 8.1 million exchange enroll- that included travel and working week- which is the Affordable Care Act ees, Health and Human Services de- ends. It started to take a toll on his works. cided they would stop issuing addi- health, and he knew he had to retire. If I yield back and suggest the absence tional reports. No more monthly he wanted to live longer, if he wanted of a quorum. ObamaCare exchange enrollment infor- to enjoy his years in his sixties and The PRESIDING OFFICER. The mation. September 18, in testimony be- seventies, he had to retire, but he clerk will call the roll. fore the House Oversight Committee, couldn’t do it because he needed health The assistant legislative clerk pro- the CMS Administrator, Marilyn care for him and his family. His wife is ceeded to call the roll. Tavenner, testified that there were 7.3 a cancer survivor. She had been diag- Mr. BARRASSO. I ask unanimous million people enrolled in the health nosed with leukemia 15 years ago. The consent that the order for the quorum insurance marketplace coverage as of only way she was going to be able to call be rescinded. August 15. Remember the magic num- get insurance was through his em- The PRESIDING OFFICER. Without ber for saying this was a sustainable ployer. He had to keep working even objection, it is so ordered. program was still 7 million. When we take a look at the oversight though it was the wrong thing for his Mr. BARRASSO. Madam President, committee’s analysis it shows nearly health because of his job lock caused with regard to the health care law, the 400,000 of these enrollees didn’t pur- by his necessity to get health insur- proof has come out today. The adminis- chase insurance through the exchange ance from this job he was connected to. tration has been cooking the books. The Affordable Care Act changed all That is not just me saying it. It has for health care, rather stand-alone den- of that. He retired in March of this come out all across the press. USA tal coverage. That takes the total year. He went and did his home home- Today, just out: ‘‘Obama administra- number to under 7 million. On November 10, earlier this month, work on healthcare.gov. The plan he tion gave bad health exchange num- Secretary Burwell said there were 7.1 chose would have cost him $1,200 per bers.’’ Associated Press: ‘‘Oops, admin- istration erred on health law signups.’’ million exchange enrollees as of the month to cover him and his wife, but end of October. However, she also failed with the subsidy he received, with the Let’s take a look at this. The Depart- ment of Health and Human Services to break out the coverage of those tax credit he received, their premium stand-alone dental insurance policies, costs were $127 a month. Jim is shop- said Thursday—this is reading from USA Today—it made a mistake in how indicating the true number as of last ping as we speak for plans in 2015, but month, likely closer to 6.7 million or he knows he is going to live a longer it calculated enrollments under the Af- fordable Care Act, including 400,000 6.8 million individuals. life, and he will be able to be there for The nearly 20 percent drop in the ex- dental plans in its figures for medical his wife and for his family because of change enrollees suggests that once plans. Those dental plans allow the the Affordable Care Act. many people learn about the Obama administration to claim more Jim has a pretty interesting take on ObamaCare problems, extremely high than 7 million enrollments and 7 mil- all of this. He says he got to leave his deductibles, narrow networks, they lion was long considered the magic job and spend more time with his fam- stop paying. They stop paying their number, the magic number that would ily and spend more time concentrating premium in spite of the fact that there allow the new health insurance ex- on his health. He says: ‘‘I am much continues to be large government sub- changes to be sustainable. What does healthier and happier than I was be- sidies they are receiving. This drop is the Secretary of Health and Human fore. Plus,’’ he adds, ‘‘I am helping the likely the central reason HHS dramati- economy. When I left my job, they had Services say? Today she said this mis- cally lowered its exchange estimates to hire someone else, so I am a job cre- take is unacceptable. I agree with the earlier this month saying that by the ator too.’’ Secretary. end of the next year, instead of the 13 This mistake is unacceptable, but it This is one of the great benefits of million people predicted by the Con- the Affordable Care Act. It reduces job is not a surprise to the American peo- gressional Budget Office that there lock. People who have to stay in jobs, ple. We have questioned a long time would be about only 9.1 million people people such as Jim but also people such what numbers the administration was enrolled. as the first woman we talked about, putting out. I think it is fascinating I have heard from my colleague from Christina, who was able to start her that the administration has continued Connecticut who came and told an in- own business because of the Affordable to lower and lower the numbers as dividual story, but the health care law Care Act. more and more information and re- overall remains very unpopular. It is so Open enrollment is upon us. People search has been done, and they can unpopular that as of earlier this week have 25 percent more options. On aver- hide it no longer that they were cook- and all of the polling ever done about age, people have premiums that are ing the books. Earlier today Bloomberg the health care law, it is more unpopu- lower than they were last year. People went up to the—with the story based lar now than ever before. Popularity is can sign up for something better than on analysis from the House Committee at an alltime low and unpopularity, they had or they can join the 8 million on Oversight and Government Reform. disapproval is at an alltime high. Why people who have signed up on the ex- The committee found the Obama ad- would that be? There are a number of changes and participated in Medicare ministration has included people who reasons. One is the front page of the expansion all across the country. Peo- purchased this stand-alone dental cov- New York Times the other day. Novem- ple can be part of this pretty amazing erage and now HHS has admitted the ber 15, cost of coverage under the care story that is being told all across the duplicity. Let’s take a look at this. On act set to increase. President Obama country. May 1 Health and Human Services re- stood before the American people and An Affordable Care Act that is insur- leased exchange enrollment informa- said under his plan the cost of insur- ing more people than ever before in tion for a period from October 1, 2013, ance policies would go down $2,500 per this country, contributing to a sta- through April 19, 2014. At the time family. They have not gone down. They bilization of health care costs across Health and Human Services said over 8 headed in the other direction, and this country, that still leaves us with a million people had selected a plan again this year the cost of coverage lot of room to go. There are still way through an exchange, either the State under the health care act is set to in- too many people paying way too much or Federal exchange. crease. It is no surprise people are con- for health care, but it at least charts In the report, HHS also disclosed 1.1 cerned when the President tells them us in the right direction and is making million selected to stand-alone dental one thing and something else happens, people healthier all at the same time, plans through the Federal exchanges. A they question the President. which is what this is all about. It is not footnote in that report said totals for There are a number of reasons it is just about saving money. It is about al- stand-alone dental plans do not include not popular. That is just one. The

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.065 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6186 CONGRESSIONAL RECORD — SENATE November 20, 2014 President’s solutions of putting many cannot go to the hospital in their local The assistant legislative clerk pro- more people on Medicaid under the community because of the specific ceeded to call the roll. health care law, a program that has al- components of the health care law Mr. REID. Mr. President, I ask unan- ready failed and is failing and con- which have caused so much damage imous consent that the order for the tinues to be a problem—the front page and wreaked havoc in communities all quorum call be rescinded. of the Wall Street Journal, Friday, 14 around America. The PRESIDING OFFICER. Without I continue to hear from people in Wy- of November, ‘‘As More Join Medicaid, objection, it is so ordered. Health Systems Feel Strain’’—stories oming who have lost the insurance about people who can’t get care, people that worked for them and they liked. f who are providers who can’t afford to They had to buy other insurance, much provide the care for Medicaid patients more expensive, that covered things because the reimbursement is so low. they did not need, did not want, and EXECUTIVE SESSION That is the President’s solution—force cannot afford. Many now find them- more people on to Medicaid because selves for the first time without insur- the President’s focus during all of ance when they had it before. It these discussions has been on coverage. worked for them and their families. NOMINATION OF NOAH BRYSON As a doctor I will tell you the focus So that is why all across the country, MAMET TO BE AMBASSADOR EX- should be on the word ‘‘care.’’ People people are saying: This health care law TRAORDINARY AND PLENI- want care, and they know what they is not working for me. That is why the POTENTIARY OF THE UNITED want. They know what they need in signups are down and the belief is that STATES OF AMERICA TO THE health care reform. fewer people are going to sign up be- ARGENTINE REPUBLIC They want affordable care, quality cause for them they do not feel they Mr. REID. Mr. President, I move to care, and choice. That is what a Repub- are getting good value. They see what proceed to executive session to con- lican plan will look like to replace and they are going to have to pay out of sider Calendar No. 892. strip out the terrible parts of this pocket for deductibles, what they have The PRESIDING OFFICER. The health care law. Then for people living to pay out of pocket for copays, what question is on agreeing to the motion. all across the country in rural commu- their premiums are. As a result, they The motion was agreed to. nities—I know in the Presiding Offi- are saying: No, thank you. cer’s State and in mine, we know what Even with the subsidies, Health and The PRESIDING OFFICER. The impact the loss of a rural hospital has Human Services has significantly low- clerk will report the nomination. on that community. ered their predictions of how many The assistant legislative clerk read But yet, front page, USA Today, last people will sign up for the health care the nomination of Noah Bryson weekend, November 14 to 16, ‘‘Rural law this year. That is in spite of the Mamet, of California, to be Ambas- Hospitals in Critical Condition.’’ fact that the fines are going up. sador Extraordinary and Pleni- ObamaCare critics say the law is speed- Then, on top of all of this, there is a potentiary of the United States of ing up the demise of the facilities. health care MIT economist, Professor America to the Argentine Republic. Jonathan Gruber, who has made com- There is a map of the United States, a CLOTURE MOTION list of 43 hospitals that have closed ments that are disparaging of Amer- since January of 2010 as a result of the ican citizens. He has said not just once Mr. REID. I send a cloture motion to health care law. but time and time again, as the videos the desk. You say: Is it as a result of the continue to come out of this Gruber The PRESIDING OFFICER. The clo- health care law? I believe it is, because miniseries of TV videos, that this ture motion having been presented it was Ezekiel Emanuel, one of the ar- health care law was sold to the Amer- under rule XXII, the Chair directs the chitects of the health care law, who ican people by trying to confuse them. clerk to read the motion. said and recently wrote that between He has questioned their intelligence. It The assistant legislative clerk read now and the year 2020, up to 1,000 hos- was NANCY PELOSI who said: First you as follows: pitals in the United States were likely have to pass it before you get to find CLOTURE MOTION to close. We know what the impact of out what is in it. the cuts that happen to our seniors on American people are furious about We, the undersigned Senators, in accord- Medicare as a result of the health care the way this administration has treat- ance with the provisions of rule XXII of the Standing Rules of the Senate, hereby move law will have to rural hospitals, where ed them, has behaved toward them, and to bring to a close debate on the nomination a disproportionate number of the pa- has acted upon their willingness to be- of Noah Bryson Mamet, of California, to be tients are seniors on Medicare. The lieve an administration and believe a Ambassador Extraordinary and Pleni- hospitals cannot sustain themselves. Speaker of the House at a time people potentiary of the United States of America That was part of the original budget wanted health care reform in America. to the Argentine Republic. numbers as they looked at the health People did not get what they wanted. Harry Reid, Robert Menendez, Patrick J. care law, as we debated it on this Sen- They did not get what they were prom- Leahy, Patty Murray, Debbie Stabe- ate floor and said: Please do not pass ised. now, Benjamin L. Cardin, Amy Klo- this, Democrats—who one by one by So, today, I come to the floor to say buchar, Kirsten E. Gillibrand, Chris- topher Murphy, Brian Schatz, Richard one voted for the health care law—be- to my colleague who just spoke about J. Durbin, Richard Blumenthal, Tom cause it is going to impact our rural the health care law, that perhaps for Harkin, Angus S. King, Jr., Tom Udall, hospitals. the folks he mentioned it has worked. Mazie K. Hirono, Sheldon Whitehouse. Now we see 43 hospitals in rural com- We want health care to work for people Mr. REID. I ask unanimous consent munities all around the country and all across the country so they can get that the mandatory quorum under rule tell stories of people who could not get the care they need, from a doctor they XXII be waived. care, had to travel such a long distance choose, at lower cost. That is what in that critical hour after a heart at- they want. So today, the proof comes The PRESIDING OFFICER. Without tack, were unable to survive. So the out, the administration has been cook- objection, it is so ordered. health care law continues to be very ing the books. As USA Today says, the unpopular across the country. Yes, it is Obama administration gave bad health f possible for colleagues to come to the exchange numbers and the Associated floor and tell a story about one indi- Press starts its story on this very same LEGISLATIVE SESSION vidual whose life may have been im- topic with one word, ‘‘Oops!’’ proved as a result of the health care I yield the floor and suggest the ab- Mr. REID. I move to proceed to legis- law. But across the country, there are sence of a quorum. lative session. many people who are finding they can- The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. The not keep their doctor, they cannot UDALL of Colorado). The clerk will call question is on agreeing to the motion. keep their child’s pediatrician, they the roll. The motion was agreed to.

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.066 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 20, 2014 CONGRESSIONAL RECORD — SENATE S6187 EXECUTIVE SESSION The motion was agreed to. Standing Rules of the Senate, hereby move The PRESIDING OFFICER. The to bring to a close debate on the nomination clerk will report the nomination. of Robert S. Adler, of the District of Colum- NOMINATION OF COLLEEN BRAD- The assistant legislative clerk read bia, to be a Commissioner of the Consumer LEY BELL TO BE AMBASSADOR Product Safety Commission. the nomination of Nani A. Coloretti, of Harry Reid, John D. Rockefeller IV, Rob- EXTRAORDINARY AND PLENI- California, to be Deputy Secretary of ert Menendez, Patty Murray, Debbie POTENTIARY OF THE UNITED Department of Housing and Urban De- Stabenow, Benjamin L. Cardin, Amy STATES OF AMERICA TO HUN- velopment. Klobuchar, Kirsten E. Gillibrand, GARY CLOTURE MOTION Christopher Murphy, Brian Schatz, Mr. REID. Mr. President, I now move Mr. REID. I send a cloture motion to Richard J. Durbin, Richard Blumenthal, Tom Harkin, Angus S. to proceed to executive session to con- the desk. King, Jr., Tom Udall, Mazie K. Hirono, sider Calendar No. 631. The PRESIDING OFFICER. The clo- Patrick J. Leahy, Sheldon Whitehouse. The PRESIDING OFFICER. The ture motion having been presented Mr. REID. I ask unanimous consent question is on agreeing to the motion. under rule XXII, the Chair directs the that the mandatory quorum under rule The motion was agreed to. clerk to read the motion. XXII be waived. The PRESIDING OFFICER. The CLOTURE MOTION The PRESIDING OFFICER. Without clerk will report the nomination. We, the undersigned Senators, in accord- objection, it is so ordered. The assistant legislative clerk read ance with the provisions of rule XXII of the the nomination of Colleen Bradley Standing Rules of the Senate, hereby move f Bell, of California, to be Ambassador to bring to a close debate on the nomination LEGISLATIVE SESSION Extraordinary and Plenipotentiary of of Nani A. Coloretti, of California, to be Dep- the United States of America to Hun- uty Secretary of Department of Housing and Mr. REID. I now move to proceed to gary. Urban Development. legislative session. Harry Reid, Tim Johnson, Patrick J. The PRESIDING OFFICER. The CLOTURE MOTION Leahy, Patty Murray, Tom Udall, question is on agreeing to the motion. Mr. REID. Mr. President, there is a Brian Schatz, Charles E. Schumer, Bar- cloture motion at the desk that I ask bara Boxer, Benjamin L. Cardin, Rich- The motion was agreed to. to have reported. ard Blumenthal, Jeff Merkley, Al f The PRESIDING OFFICER. The clo- Franken, Robert P. Casey, Jr., Martin ture motion having been presented Heinrich, Elizabeth Warren, Richard J. EXECUTIVE SESSION Durbin, Christopher Murphy. under rule XXII, the Chair directs the clerk to read the motion. Mr. REID. I ask unanimous consent The assistant legislative clerk read that the mandatory quorum under rule NOMINATION OF CHARLOTTE A. as follows: XXII be waived. BURROWS TO BE A MEMBER OF The PRESIDING OFFICER. Without THE EQUAL EMPLOYMENT OP- CLOTURE MOTION objection, it is so ordered. PORTUNITY COMMISSION We, the undersigned Senators, in accord- ance with the provisions of rule XXII of the f Mr. REID. I now move to proceed to Standing Rules of the Senate, hereby move LEGISLATIVE SESSION executive session to consider Calendar to bring to a close debate on the nomination No. 1069. of Colleen Bradley Bell, of California, to be Mr. REID. I now move to proceed to The PRESIDING OFFICER. The Ambassador Extraordinary and Pleni- legislative session. question is on agreeing to the motion. potentiary of the United States of America The PRESIDING OFFICER. The The motion was agreed to. to Hungary. question is on agreeing to the motion. The PRESIDING OFFICER. The Harry Reid, Robert Menendez, Bill Nel- The motion was agreed to. son, Patrick J. Leahy, Benjamin L. clerk will report the nomination. Cardin, Elizabeth Warren, Barbara f The assistant legislative clerk read Boxer, Tom Udall, Tammy Baldwin, the nomination of Charlotte A. Bur- EXECUTIVE SESSION Brian Schatz, Richard Blumenthal, rows, of the District of Columbia, to be Christopher A. Coons, Tom Harkin, a Member of the Equal Employment Angus S. King, Jr., Carl Levin, Joe Opportunity Commission. Manchin III, Bernard Sanders. NOMINATION OF ROBERT S. ADLER TO BE A COMMISSIONER CLOTURE MOTION Mr. REID. I ask unanimous consent Mr. REID. There is a cloture motion that the mandatory quorum under rule OF THE CONSUMER PRODUCT SAFETY COMMISSION at the desk. XXII be waived. The PRESIDING OFFICER. The clo- Mr. REID. I now move to proceed to The PRESIDING OFFICER. Without ture motion having been presented executive session to consider Calendar objection, it is so ordered. under rule XXII, the Chair directs the No. 918. f clerk to read the motion. The PRESIDING OFFICER. The The assistant legislative clerk read LEGISLATIVE SESSION question is on agreeing to the motion. as follows: The motion was agreed to. Mr. REID. I now move to proceed to CLOTURE MOTION legislative session. The PRESIDING OFFICER. The We, the undersigned Senators, in accord- The PRESIDING OFFICER. The clerk will report the nomination. The assistant legislative clerk read ance with the provisions of rule XXII of the question is on agreeing to the motion. Standing Rules of the Senate, hereby move The motion was agreed to. the nomination of Robert S. Adler, of to bring to a close debate on the nomination the District of Columbia, to be a Com- f of Charlotte A. Burrows, of the District of missioner of the Consumer Product Columbia, to be a Member of the Equal Em- EXECUTIVE SESSION Safety Commission. ployment Opportunity Commission. CLOTURE MOTION Harry Reid, Tom Harkin, Patrick J. Mr. REID. There is a cloture motion Leahy, Patty Murray, Tom Udall, Brian Schatz, Charles E. Schumer, Bar- NOMINATION OF NANI A. at the desk that I ask to be reported. COLORETTI TO BE DEPUTY SEC- bara Boxer, Benjamin L. Cardin, Rich- The PRESIDING OFFICER. The clo- ard Blumenthal, Jeff Merkley, Al RETARY OF DEPARTMENT OF ture motion having been presented Franken, Robert P. Casey, Jr., Martin HOUSING AND URBAN DEVELOP- under rule XXII, the Chair directs the Heinrich, Elizabeth Warren, Richard J. MENT clerk to read the motion. Durbin, Christopher Murphy. Mr. REID. I now move to proceed to The assistant legislative clerk read Mr. REID. I ask unanimous consent executive session to consider Calendar as follows: that the mandatory quorum under rule No. 772. CLOTURE MOTION XXII be waived. The PRESIDING OFFICER. The We, the undersigned Senators, in accord- The PRESIDING OFFICER. Without question is on agreeing to the motion. ance with the provisions of rule XXII of the objection, it is so ordered.

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.076 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6188 CONGRESSIONAL RECORD — SENATE November 20, 2014 LEGISLATIVE SESSION ber 1, 2014, at 5:30 p.m., the Senate pro- cated under title 10, U.S.C., sections 12203 and 12212: Mr. REID. I now move to proceed to ceed to executive session and vote on legislative session. cloture on Executive Calendar Nos. 892 To be major general The PRESIDING OFFICER. The and 631; further, that if cloture is in- Brig. Gen. James C. Witham question is on agreeing to the motion. voked on either one of these nomina- COAST GUARD tions, that on Tuesday, December 2, The motion was agreed to. The following named officer for ap- 2014, at 10:30 a.m., all postcloture time pointment to the grade indicated in the f be expired, and the Senate proceed to United States Coast Guard under title vote on confirmation of all of the EXECUTIVE SESSION 14, U.S.C., section 211(A)(2): nominations in the order upon which cloture was invoked; further, that To be lieutenant commander NOMINATION OF P. DAVID LOPEZ there be 2 minutes of debate prior to Angela R. Holbrook TO BE GENERAL COUNSEL OF each vote and all rollcall votes after Martha A. Rodriguez THE EQUAL EMPLOYMENT OP- the first vote in each sequence be 10 FOREIGN SERVICE PORTUNITY COMMISSION minutes in length; further, with re- PN1381—3 Foreign Service nominations (2) beginning Leslie Meredith Tsou, and ending Mr. REID. Mr. President, I move to spect to the nominations in this agree- ment, that if any nomination is con- Lon C. Fairchild, which nominations were proceed to executive session to con- received by the Senate and appeared in the sider Calendar No. 1067. firmed, the motion to reconsider be Congressional Record of January 30, 2014. considered made and laid upon the The PRESIDING OFFICER. The f question is on agreeing to the motion. table, and the President be imme- Mr. REID. Mr. President, I don’t diately notified of the Senate’s action. LEGISLATIVE SESSION know if you are getting the drift, but The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- each one of these is the same. objection, it is so ordered. ate will resume legislative session. The PRESIDING OFFICER. The Mr. REID. Mr. President, I suggest f question is still on agreeing to the mo- the absence of a quorum. tion. The PRESIDING OFFICER. The MORNING BUSINESS clerk will call the roll. The motion was agreed to. Mr. REID. Mr. President, I ask unan- The legislative clerk proceeded to The PRESIDING OFFICER. The imous consent that the Senate proceed call the roll. clerk will report the nomination. to a period of morning business, with Mr. REID. Mr. President, I ask unan- The assistant legislative clerk read Senators permitted to speak therein imous consent that the order for the the nomination of P. David Lopez, of for up to 10 minutes each. quorum call be rescinded. Arizona, to be General Counsel of the The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Equal Employment Opportunity Com- objection, it is so ordered. mission. objection, it is so ordered. f CLOTURE MOTION f Mr. REID. There is a cloture motion EXECUTIVE SESSION TRIBUTE TO THE KENTUCKY COM- at the desk, Mr. President. MUNITIES ECONOMIC OPPOR- The PRESIDING OFFICER. The clo- TUNITY COUNCIL (KCEOC) COM- ture motion having been presented EXECUTIVE CALENDAR MUNITY ACTION PARTNERSHIP under rule XXII, the Chair directs the Mr. REID. Mr. President, I ask unan- Mr. MCCONNELL. Mr. President, I clerk to read the motion. imous consent that the Senate proceed rise today to pay tribute to the Ken- The assistant legislative clerk read to executive session to consider the fol- tucky Communities Economic Oppor- as follows: lowing nominations: Calendar Nos. 663, tunity Council, KCEOC, Community CLOTURE MOTION 671, 672, and 923, as well as the nomina- Action Partnership—an organization We, the undersigned Senators, in accord- tions placed on the Secretary’s desk in that for the past 50 years has been ance with the provisions of rule XXII of the the Foreign Service; that the nomina- dedicated to the cause of destroying Standing Rules of the Senate, hereby move tions be confirmed, en bloc; that the the roots of poverty in Southeastern to bring to a close debate on the nomination motions to reconsider be considered Kentucky. of P. David Lopez, of Arizona, to be General made and laid upon the table with no KCEOC was one of the first commu- Counsel of the Equal Employment Oppor- nity action agency organizations in the tunity Commission. intervening action or debate; that no Harry Reid, Tom Harkin, Patrick J. further motions be in order to any of country to be established to target the Leahy, Patty Murray, Tom Udall, the nominations; that the President be causes of poverty on the State and Brian Schatz, Charles E. Schumer, Bar- immediately notified of the Senate’s local level. Founded in 1964, it can now bara Boxer, Benjamin L. Cardin, Rich- action and the Senate then resume leg- celebrate five decades serving its com- ard Blumenthal, Jeff Merkley, Al islative session. munity. Franken, Robert P. Casey, Jr., Martin The PRESIDING OFFICER. Without Based out of Knox County, KY, Heinrich, Elizabeth Warren, Richard J. KCEOC helps over 7,000 Kentuckians Durbin, Christopher Murphy. objection, it is so ordered. The nominations considered and con- achieve financial stability every year Mr. REID. I ask unanimous consent firmed en bloc are as follows: through a number of antipoverty pro- that the mandatory quorum under rule AIR FORCE grams. This includes Head Start and XXII be waived. Early Head Start, programs that aim The PRESIDING OFFICER. Without The following Air National Guard of the United States officers for appointment in the to build children’s educational founda- objection, it is so ordered. Reserve of the Air Force to the grade indi- tion from an early age. KCEOC is also f cated under title 10, U.S.C., sections 12203 involved in job training and career and 12212: planning, providing affordable housing, LEGISLATIVE SESSION To be major general and food and clothing drives. Mr. REID. I now move to proceed to Brigadier General Jon K. Kelk The KCEOC Community Action Part- legislative session. The following Air National Guard of the nership recognizes that a ‘‘hand up’’ is The PRESIDING OFFICER. The United States officer for appointment in the more effective than a ‘‘hand out.’’ They question is on agreeing to the motion. Reserve of the Air Force to the grade indi- are dedicated to providing Kentuckians The motion was agreed to. cated under title 10, U.S.C., sections 12203 mired in poverty with the means and f and 12212: assistance necessary to break the chain To be brigadier general of poverty that has afflicted too many UNANIMOUS CONSENT AGREE- Col. Nathaniel S. Reddicks Southeastern Kentuckians for genera- MENT—EXECUTIVE CALENDAR The following Air National Guard of the tions. Mr. REID. Mr. President, I ask unan- United States officer for appointment in the Although there are many more pro- imous consent that on Monday, Decem- Reserve of the Air Force to the grade indi- grams instituted by KCEOC that cover

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.084 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 20, 2014 CONGRESSIONAL RECORD — SENATE S6189 a diverse range of problems—including Congressman JIM MCDERMOTT in draft- After being refined the origins of the an IRS Volunteer Income Tax Assist- ing a simple transparency reporting re- material become difficult to track. ance Program, a Summer Food Service quirement for U.S.-registered corpora- Smelters purchase materials from a va- Program, and a KCEOC Aquatic Club— tions that source these four minerals riety of sources, so the smelter or re- at their core they are all designed to from the DRC or its neighbors. And in finer is a critical point in the supply impact the people of the community in early June, after protracted legal chal- chain, where we can look for assur- a positive way. This is an objective lenges, the first of those annual reports ances about whether the material has that the organization continues to was filed at the Securities and Ex- been purchased from conflict-free achieve, year after year. change Commission. sources. Apple has confirmed that its When one Kentuckian who benefitted The electronics industry, in general, entire tantalum supply chain is con- from KCEOC’s services was asked what has been out front on this push for flict free. Dutch smart phone manufac- mattered to him the most, he replied: great transparency, but sadly, the jew- turer Fairphone is making its products Getting my education. I had never planned elry industry has lagged far behind on with conflict-free raw materials. on getting my GED or going to college. [The its due diligence and reporting. Some Fairphone has already sold 35,000 units staff at KCEOC] really pushed me and en- companies have made more than a and is hoping to expand production as couraged me. good-faith effort to determine the ori- more consumers embrace conflict-free I especially want to thank the leader- gins of the minerals they and their sup- electronics. Fairphone and others are pliers use, and a few of those compa- ship of KCEOC, including its president/ leading by example and proving that nies, I am proud to say, call Illinois CEO, Mr. Paul D. Dole, who was hon- conflict-free is not only possible but ored in 2013 as one of the region’s top home. One of the leaders, across all indus- that it can be profitable too. entrepreneurs in Southern and Eastern The Enough Project recently re- tries, on this is Motorola Solutions, Kentucky at the 2013 Excellence in En- ported on the effect of this legislation, headquartered in Schaumbergn, IL. trepreneurship event, hosted by the Motorola Solutions emerged early as a and it is good news. Armed groups and Center for Rural Development in Som- company dedicated to cleaning up its the Congolese army are no longer erset. supply chain, and to do so, it helped es- present at 2/3 of tin, tantalum, and For their 50 years of serving the com- tablish Solutions for Hope, dedicated tungsten mines surveyed in eastern munity of Southeastern Kentucky, I to developing a closed-pipe supply Congo. It also appears that responsible ask that my Senate colleagues join me chain. Kester, a subsidiary of Illinois sourcing initiatives might be con- in honoring KCEOC. May their next 50 Tool Works, makes electronic and tagious—Congo-Brazzaville, the DRC’s years be as beneficial to the Common- automobile components and has been a neighbor to the west, has begun its own wealth of Kentucky as their first. leader in transparency of the smelters program to determine clean sources of f it uses. John Deere, headquartered in minerals as well. I am also happy to say that our counterparts in the Euro- CONGO CONFLICT MINERALS LAW Moline, IL, painstakingly described its pean Union are reviewing a bill based UPDATE due diligence processes and even de- tailed the sources of minerals that its on our law to require European compa- Mr. DURBIN. Mr. President, it is not suppliers used. Others, like AAR Cor- nies to provide similar transparency in very often that Congress can make a poration, based out of Wood Dale, and their own supply chains. China has in- policy change that has life-or-death Dover Corporation, headquartered in stituted similar rules, and other na- consequences for millions of people, Downers Grove, developed conflict- tions are following close behind. but in 2010 a law was enacted that is mineral specific compliancy programs The Congress has emerged as a world changing the money supply for war- and provided detailed information on leader on conflict-minerals reporting, lords in the Democratic Republic of steps to identify risks in their supply and the early results suggest that the Congo. chains. Lake Forest’s IDEX Corpora- people of the DRC should not have to Many may not realize that almost 5.5 tion underwent efforts to create a suffer unspeakable violence that can be million people have been killed during sourcing policy that in its first year of traced back to our cell phones, wedding the long-running conflict in the Demo- filing covered 90 percent of suppliers. rings, and cars. The filings are far from cratic Republic of Congo, which has I am sorry to say not all companies perfect, but we have begun the process. been the most deadly since World War took this reporting requirement seri- I appreciate those industry players II. Tragically, women and children ously, hiding behind the 2-year grace that are leading the way. I can only have suffered the most, as we too often period that allows them to avoid ques- hope that by cutting off this rich see in conflicts. Millions have been dis- tions. My hope is that these Illinois source of funding for the fighting in placed from their homes, and the prev- companies serve as an example for next the Congo, we can help spare its citi- alence of rape and sexual violence as a year’s filings nationwide. And here is zens from the senseless violence that is weapon of war is almost beyond belief. why—this rule is yielding real, tan- tearing the country apart. The U.N. reports that about 1,000 gible, positive results already. f women are assaulted every day in The Government Accountability Of- Congo, which is roughly equivalent to fice issued a report in late June that ANNIVERSARY OF THE 12 percent of all Congolese women. confirmed the opposite of claims made WASHINGTON, IL TORNADOES One of the drivers and funders of this by those seeking to dismantle this re- Mr. DURBIN. Mr. President, people conflict is paradoxically that which porting requirement. This rule has ex- throughout Illinois have been reflect- fills the DRC with such potential—its panded the options for clean minerals ing this week on the 1-year anniversary natural resources. Instead of paying for sourcing in Central Africa. In fact, the of the day that rare November torna- the nation’s peace, education, roads number of certified conflict-free smelt- does tore through Illinois, causing and public health programs, the DRC’s ers has more than tripled in the past widespread devastation and eight mineral wealth has been siphoned off year alone. Intel has created its first deaths in our State. The outbreak, to fund the armed groups that vie for conflict-free computer chip, while which happened on November 17, 2013, local and regional control of vast areas using responsibly sourced minerals destroyed hundreds of homes and ren- far from Congo’s capital, Kinshasa. from Congo and took its reporting a dered thousands uninhabitable. Tin, tantalum, tungsten, and gold are step further by voluntarily submitting This tornado event was the deadliest found in everyday electronics, jewelry, it to third-party audits. Under the Con- and costliest in the State of Illinois for airplanes, and manufacturing equip- flict-Free Smelter Program, the num- the month of November—and it was the ment. But these minerals also have ber of international smelters operating fourth largest outbreak for the State provided weapons and salaries to fight- free from conflict minerals continues overall. Two of the tornadoes that day ers, including conscripted child sol- to grow. Almost 90 smelters (40 percent rated EF4. That means the winds were diers, who then visit unspeakable hor- of the world’s total smelters) are cer- more than 166 miles per hour. In fact, rors on innocent civilians in return. tified as conflict-free and more than 150 the National Weather Service clocked Over 4 years ago, I joined former Sen- companies and industry associations a peak wind of 190 miles per hour on ators Brownback and Feingold and participate in the program. that day. Washington, Gifford,

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.033 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6190 CONGRESSIONAL RECORD — SENATE November 20, 2014 Brookport, East Peoria, Pekin, the list thought but the city has made great collective bargaining and by protecting the of cities touched by the tornadoes in strides. Building permits have been exercise by workers of full freedom of asso- the State goes on and on. issued for more than 70 percent of the ciation, self-organization, and designation of I visited Washington, IL, near Peoria, representatives of their own choosing, for damaged properties. More than 25 per- the purpose of negotiating the terms and 5 days after the tornado—and Gifford, cent of the destroyed homes have been conditions of their employment or other mu- IL, just a few days after that. What I replaced and reoccupied. Work remains tual aid or protection. saw was heartbreaking. In the city of to be done but the city has seen enor- For union and nonunion workers Washington, alone, 1,108 homes were mous progress. alike, the act provides essential protec- damaged—most were damaged very Thousands of volunteers have helped tions. It gives workers a voice in the badly. Five hundred ninety-five of with the cleanup. Ben Davidson, execu- workplace, allowing them to join to- those homes were destroyed. I saw bare tive pastor at Bethany Community gether and speak up for fair wages and foundations where families had lived Church, has coordinated volunteer ef- benefits, and for safe working condi- just days before. Trees had been re- forts since the early stages. He says tions. These rights ensure that the peo- duced to splinters. Street signs had volunteers have accounted for 13,000 ple who do the real work in this coun- been torn out of the ground making it workdays and 70,000 hours. Although try have a shot at receiving a fair nearly impossible to see where one most volunteers have been from cen- share of the benefits when our economy block ended and another began. tral Illinois, people from all over the grows—and with rising income inequal- The loss of homes and property was State continue to show up on weekends ity in our country, these rights are really difficult to bear, but the real to help plant trees and cut weeds on more important than ever. tragedy lies in the lives that were neglected properties. Hearing the sto- The NLRB is the guardian of these claimed. Three people died in Wash- ries of Illinoisans working together to fundamental rights. Workers them- ington, two people died in Washington help neighbors and even strangers get selves cannot enforce the NLRA, but County near St. Louis, and three were back on their feet makes me proud to they can turn to the Board if they have killed in downstate Massac County, be from Illinois. Thank you to every- been denied the basic protections pro- which is located along the Ohio River. one engaged in the rescue and cleanup vided under the law. In short, the It is a miracle more lives were not at every level. Board plays a vital role in vindicating lost, particularly in the path of the I also want to recognize the hard workers’ rights. In the past 10 years, EF4 tornado that touched down in East work and dedication of: Jonathon the NLRB has secured opportunities Peoria, traveled through the city of Monken, head of the Illinois Emer- for reinstatement for 22,544 employees Washington and continued up to Long gency Management Agency; Gifford who were unjustly fired. It has recov- Point, IL. In Washington, many lives Mayor Derald Ackerman; Brookport ered more than $1 billion on behalf of may have been saved by the fact that Mayor John Klaffer; and Metropolis workers whose rights were violated. so many members of the community Mayor Billy McDaniel. They were there The Board also provides relief and were in church when the tornado came when their constituents and their com- remedies to our Nation’s employers. through. When the sirens went off, 500 munities needed them the most. For example, employers can turn to people inside Crossroads United Meth- I am thinking of all those whose lives the Board for relief if a union com- odist Church huddled in a storm shel- were affected by this tragic event. We mences a wildcat strike or refuses to ter in the building. Half a mile away, are rebuilding—as Americans always bargain in good faith during negotia- at the Apostolic Christian Church, do—and will be stronger for it. tions. The NLRB has a long history of many of the 450 or so people who were helping businesses resolve disputes effi- f there took refuge in Sunday school ciently. By preventing or resolving rooms. The tornado, spinning at nearly NOMINATION OF LAUREN labor disputes that could disrupt our 200 miles per hour changed course by MCFERRAN economy, the work that the Board does several degrees just seconds before im- Mr. HARKIN. Mr. Presidet, this is vital to every worker and every busi- pact and went right between those two morning we convened a hearing to con- ness across the Nation. churches. Neither church was damaged. sider the President’s nomination of That is why it is so important that I can’t say enough about the tireless Lauren McFerran to fill an impending we maintain a fully functional, five- efforts the emergency personnel who vacancy on the National Labor Rela- member NLRB. I am proud of the fact were there from the minute the sirens tions Board. Ms. McFerran is well that, just a little over a year ago, we went off. They were there to help under known to most of us as a senior staffer were able to confirm members to com- the most extraordinary circumstances. on the Health, Education, Labor, and pletely fill the board for the first time I supported Governor Quinn’s request Pensions Committee, and I look for- in over a decade. Now, we need to fill a for a Federal disaster declaration for 15 ward to her speedy confirmation. She soon-to-be open seat so that the Board counties in the State. The President has been nominated to fill a vacancy can continue to function effectively. granted ‘‘individual assistance’’ to peo- that will result from the departure Ms. McFerran is not the first nomi- ple in Champaign, Douglas, Fayette, next month of a current Board mem- nee for this seat. In September, the Grundy, Jasper, LaSalle, Massac, Pope, ber, Nancy Schiffer. I would like to HELP Committee approved the nomi- Tazewell, Vermilion, Wabash, Wash- thank Ms. Schiffer for her dedicated nation of a dedicated public servant, ington, Wayne, Will, and Woodford service. She has been a highly re- Sharon Block. Republicans and Demo- Counties. This declaration allowed peo- spected Board member, and I wish her crats agreed on Ms. Block’s reputation ple in those communities whose homes every success in her future endeavors. and qualifications, but her nomination and businesses were damaged to start The National Labor Relations Board was withdrawn in the face of cir- repairs and to find temporary housing is an agency that is absolutely critical cumstance beyond her control. As a re- if they needed it. The Federal Emer- to our country, to our economy, and to sult, Ms. Block will not have the oppor- gency Management Agency has pro- our middle class. Over 75 years ago, tunity to serve on the Board. Ms. Block vided more than $28 million in loans to Congress enacted the National Labor is a tremendous public servant whose the tornado victims. The Small Busi- Relations Act, guaranteeing American qualifications are unaffected and ness Administration also made loans workers the right to form and join a undiminished by the present cir- available to businesses in the affected union and bargain for a better life. The cumstances and I look forward to Ms. counties. To date, it has provided 305 act sets forth a national policy to en- Block’s future service to our country. I am heartened, however, by the loans for a total of $25.8 million. courage collective bargaining. Specifi- The people who live and work in the President’s decision to nominate cally, the act states: damaged communities have made in- Lauren McFerran. Ms. McFerran cur- credible progress rebuilding. Wash- It is declared to be the policy of the United rently serves as Chief Labor Counsel States to eliminate the causes of certain ington Mayor Gary Manier predicted substantial obstructions to the free flow of and Deputy Staff Director on my HELP last year that the city would rebuild commerce and to mitigate and eliminate committee. I am proud to have her as within a year. The task proved far these obstructions when they have occurred a member of my staff; she has served greater than anyone would have by encouraging the practice and procedure of the committee with excellence and

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.032 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 20, 2014 CONGRESSIONAL RECORD — SENATE S6191 great professionalism; and I know first- Department of State will feel his ab- vention Fund, which creates a public hand that the President could not have sence, I am relieved to know that he health partnership between the Federal found a more able successor to Ms. will continue to play an important and Government and communities across Schiffer. Ms. McFerran is an incredibly constructive role in global affairs the country by providing billions of talented lawyer with deep knowledge of through his new position as president dollars for communities to invest in labor law. She is a person of sterling of the Carnegie Endowment for Inter- proven preventive efforts such as to- integrity and strong character. She national Peace. I thank him for his bacco cessation, childhood obesity pre- will be a great asset to the Board. willingness to serve our country and I vention, HIV prevention, and public It is my hope that by promptly con- wish him and his family the best as health workforce development. As a re- firming Ms. McFerran’s nomination to they embark on a new journey. sult, across the country, communities, fill the looming vacancy we can con- f from small towns in Iowa to our larg- tinue the progress that has been made est urban centers, are working to- TRIBUTE TO JENELLE recently, and begin a new era where or- gether to weave health promotion into KRISHNAMOORTHY derly transitions on the NLRB are the the very fabric of our communities and norm. We should set a new precedent of Mr. HARKIN. Mr. President, I wish to the lives of our citizens. confirming nominees—Democratic and pay tribute and to extend my thanks to Through her work on the Affordable Republican alike—in a timely manner. an extraordinary individual, Jenelle Care Act, Jenelle also played a key role I have no doubt that Ms. McFerran Krishnamoorthy, who has served on my in expanding nutrition labeling to will do an excellent job in this impor- staff, with one small interruption of chain restaurants around the country, tant position. I look forward to moving service, for a decade. giving hundreds of millions of con- her nomination expeditiously. Jenelle came to my staff in the sum- sumers access to critical nutrition in- f mer of 2003 as a fellow, later becoming formation that they need to take con- a permanent staff member and eventu- trol of their own health, and also suc- TRIBUTE TO AMBASSADOR ally rising to lead my health policy cessfully fought for new policies to pro- WILLIAM J. BURNS team on the Senate Committee on mote breastfeeding. Mr. MCCAIN. Mr. President, today I Health, Education, Labor, and Pen- Jenelle’s contributions to the health honor a truly remarkable diplomat and sions. From the time she arrived, it of our country go far beyond the Af- legendary statesman. After 33 years of was clear that Jenelle was an excep- fordable Care Act. As the health policy service to our Nation, Deputy Sec- tional talent—one possessing not just director for the Senate Committee on retary of State William J. Burns is re- deep knowledge of health care and pub- Health, Education, Labor, and Pen- tiring from the U.S. Department of lic health, but also with uncommon in- sions, Jenelle shepherded passage of State. Having served under 10 Secre- stincts about this institution and the Food Safety Modernization Act, taries and twice postponing his retire- about how to accomplish great things the most significant reform of our food ment, Ambassador Burns has had an in an increasingly divided Congress. safety system in the country in dec- enormous impact on the trajectory of Throughout my career, I have been ades. This law strengthened the Food U.S. foreign policy and I would like to guided by a conviction that our coun- and Drug Administration with critical recognize his many years of distin- try does not have a health care system, new authorities to protect Americans guished service and thank him for his but rather a sick care system. If you by establishing a better and more mod- tireless efforts. get sick, you get care. We spend far too ern system for keeping our food safe Ambassador Burns joined the Foreign much time and riches treating disease from farm to fork. Service in 1982 and, within a year of once it has occurred, and far too little And just as she did with the food joining, he had already made a name preventing it in the first place. Among safety system, Jenelle also spear- for himself as someone willing to go my first charges to Jenelle when she headed efforts to improve the safety above and beyond the call of duty. Over arrived on staff was to think about how and quality of drugs and medical de- the course of his 33 years in the For- we make America a wellness society, vices. In successfully leading com- eign Service, he has served in countless one in which we make the healthy mittee passage of the Food and Drug posts, including as Ambassador to Jor- choice the easy choice. How do we, I Administration Safety and Innovation dan, Assistant Secretary of State for asked her, change our workplaces, our Act, Jenelle helped ensure the safety of Near Eastern Affairs, Ambassador to schools, our communities, our child our drugs and medical devices, allevi- Russia, and Under Secretary for Polit- care settings, and our health care sys- ate the effects of drugs shortages and ical Affairs. Since 2011, he has served as tem so that we prevent the onset of manufacturing problems, and imple- Deputy Secretary of State, holding the chronic disease, rather than patch and mented long sought reform to help rare distinction of being only the sec- fix and treat once a person gets sick? bring critical drugs and medical de- ond career diplomat to rise to the posi- Jenelle responded with a broad vision vices to patients faster. tion. of a wellness society—a vision that has Remarkably, these are just the high- It is a testament to both his char- guided her work, and my own, for the lights of Jenelle’s accomplishments in acter and unique skills that nearly past 10 years. Looking back over those the area of health policy and health every person who has had the pleasure 10 years, the breadth of what she has promotion. Just in this Congress, of meeting Ambassador Burns has a accomplished is truly remarkable. Jenelle has led 16 bills into law, includ- story to tell about it. He has deftly The Affordable Care Act is one of the ing bills to respond more quickly and steered our foreign policy through great health laws of the last 75 years. effectively to public health disasters, countless challenges over the past As my designee on that bill, Jenelle se- to facilitate organ donation, to provide three decades and handled with skill cured passage of a number of equitable funding to children’s hos- sensitive diplomatic missions that few groundbreaking policy changes that pitals and ensure a steady supply of pe- were willing and capable of taking on. have changed the landscape of our diatric doctors, and to speed the ap- That he has one of the most distin- health care system. In particular, proval of new sunscreens to protect guished tenures as a career Foreign Jenelle was the primary drafter of the Americans from skin cancer. Her ef- Service officer in memory is made all prevention title of that bill. As a result forts in the health arena in this Con- the more remarkable by his modesty of that, every single American can now gress have made the HELP Committee and humility. receive recommended preventive one of the most productive in this Con- Ambassador Burns embodies the mis- health care services absolutely free of gress. For making me look good as the sion of the Department of State at its charge. Routine services such as mam- Chairman of the HELP Committee, I finest. He has been a mentor for gen- mograms, vaccinations, diabetes and owe Jenelle a special debt of gratitude. erations of Department of State per- cancer screenings, among other things, Americans take for granted the safe- sonnel and is an inspiration to all pub- are now cost free, forever, because of ty of our food supply and our drugs and lic servants, myself included. America Jenelle’s work. medical equipment. When people go to is stronger and the world a better place As part of that bill, Jenelle was also their doctors and receive a free, often thanks to his service. And while the the intellectual force behind the Pre- lifesaving mammogram, they do not

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.049 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6192 CONGRESSIONAL RECORD — SENATE November 20, 2014 think of the reasons for it. When a NLRB recess appointments the Presi- make it easier for child care providers smoker of several decades finally re- dent made in 2012. In that case, the Su- to access training and education oppor- ceives the help that he needs to quit so preme Court rejected his move, but it tunities that will help them become that he can watch his grandchildren hasn’t stopped the President from better at caring for children and help- grow up, he most likely does not pause pushing forward. He has proposed a cap ing them learn. I would like to increase to reflect on why he received free ces- and tax proposal through regulation the incentives for States to invest in sation services. But none of these that Congress has already rejected, and quality ratings and improvement sys- things happened accidentally. They I know my colleagues from coal-pro- tems, QRIS, which encourage child came to pass because of the heroic and ducing States intend to fight that EPA humble efforts of a dedicated public rule with me. I know my colleagues care providers to make continuous im- servant, Jenelle Krishnamoorthy. For from Western States also intend to join provements in the quality of the care 10 years now, Jenelle has shown up for me in fighting the EPA’s proposed rule they provide and the facilities they work in my office with the singular that could allow the administration to use, often through financial incentives goal of improving the health of Ameri- regulate all bodies of water, no matter such as higher reimbursement rates cans. She has succeeded beyond meas- how small, and regardless of whether when a certain quality level is reached. ure. For that, I owe her my thanks, and the water is on public or private prop- While the authorized appropriations so too do tens of millions of Americans. erty. levels in this bill represent a 16% in- f This week’s action is the latest step too far by the President, and I will con- crease over the next 6 years—we still IMMIGRATION tinue to fight executive overreach—in- have a long way to go. Nationwide, the Mr. ENZI. Mr. President, today I ex- cluding amnesty by executive order— number of children served with CCDBG press my opposition to the President’s whether by targeting rampant, unac- funding from 2012 to 2013 fell by 47,500 plan to grant executive amnesty to 4 countable Federal spending, working to children. In Pennsylvania, nearly 2,800 million to 5 million illegal immigrants reverse illegal executive orders with le- fewer children were served. The impor- residing in the United States. gitimate Federal laws or using the tant provisions for health, safety, and By circumventing Congress on immi- Congressional Review Act to reject the quality in this bill are not without gration and instituting his will President’s actions. I will be looking their cost, and Congress must fully through executive actions, President closely at every option. fund them. No family, child care pro- Obama is eroding the very foundation f of our country and form of govern- vider, or State should have to make a ment. This sets a dangerous precedent CHILD CARE AND DEVELOPMENT choice between serving more children where future Presidents can flout any BLOCK GRANT ACT OF 2013 or providing quality care. We owe our law they happen to disagree with and Mr. CASEY. Mr. President, I would most vulnerable children no less. alter the law without going through like to thank Chairman HARKIN, Rank- Even with the continued need for Congress. Each branch of government ing Member ALEXANDER, and sponsors more funding, I still believe this legis- is to act as a check against the others Senator MIKULSKI and Senator BURR lation represents a significant im- and not sit idly by as one exercises au- for their tremendous work to bring the provement over current law and major thority it does not have. A constitu- Child Care and Development Block progress for families. For the first tional law professor should know that. Grant Act of 2014 to passage. I thank time, we are requiring all States to de- I believe we all agree that our immi- all of my colleagues in the House and gration system is broken—both the Senate who helped get us to this point. velop robust health and safety stand- legal system which allows individuals As many of my colleagues have com- ards, and to institute a consistent to visit and work in our country and mented, it is well past time that we background check system for child the failures which continue to allow take up a reauthorization of this im- care providers. others to reside illegally within our portant legislation. The Child Care and We are requiring States to formally borders. The first step we need to take Development Block Grant, CCDBG, has coordinate their early learning pro- to fix our system is to secure our bor- not been reauthorized since 1996. In the grams, to improve service coordination ders and bolster interior enforcement. nearly two decades since, our under- and delivery. We are allowing children We cannot reduce illegal immigration standing of early childhood develop- who qualify for a subsidy to receive a without better border security and ment, and the importance of high-qual- entry/exit enforcement measures. We ity child care and early learning, has year of care before their eligibility is also need to ensure that we have a expanded dramatically. re-determined, promoting stability and strong, workable employment verifica- Investing in high-quality early learn- continuity for the entire family and tion system in place, because if Con- ing opportunities such as child care encouraging the child to develop strong gress can ensure that only authorized and pre-K sets children on the path to relationships with his or her teachers job seekers gain employment in this success. This bill updates Federal and peers in child care. country, then we remove the incentive standards to ensure that the Federal We are increasing the investment in for illegal immigration—and we cannot Government is supporting high-quality quality, from the 4 percent per year grant those who are here illegally am- child care for low-income children. The currently required in law to 9 percent nesty. legislation we have passed sets a new within 5 years, and including a sepa- Yet this week the President intends standard for child care in America, to circumvent the will of Congress by making sure that Federal dollars are rate set-aside for infants and toddlers. illegally granting amnesty to 4 mil- going to providers who are committed Quality is a continuum, and a con- lions to 5 million illegal immigrants. to providing child care that meets cer- tinual investment; it is not a one-time This cannot stand. The American peo- tain criteria, such as health and safety purchase, it is something we need to ple do not want it, some of my col- standards. support and sustain. leagues on the other side of the aisle Many of these changes reflect pro- I thank Chairman HARKIN, Ranking have advocated against it, and the posals I have put forth in previous Con- Member ALEXANDER, and Senator MI- President himself has said more than gresses to improve the Child Care and KULSKI and Senator BURR again for all 20 times that he does not have the au- Development Block Grant, such as the of the work that they and their staff thority to take this action. I am cer- Starting Early, Starting Right Act. I have done to get us to this point. When tain that the Republicans in the Sen- am encouraged that we were able to ate will take action next year when we reach consensus on many of the provi- Congress works together children and become the majority, and I look for- sions I have supported in the past, and family in this Nation all benefit. With ward to being a part of that cause. that they are represented in this bill. the President’s signature, parents can But I must be clear: this is part of a I would have liked to go further. I be- rest a little easier knowing that when much larger fight. I know all of my col- lieve we need to increase our invest- they leave their child at child care, leagues remember the unconstitutional ment in high-quality child care, and they will receive great care.

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.054 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 20, 2014 CONGRESSIONAL RECORD — SENATE S6193 ADDITIONAL STATEMENTS wealth as they build on the substantial resentatives, and now as its U.S. Sen- successes already achieved by Vir- ator, I have had the distinct pleasure of ginia’s colleges and universities.∑ working closely with Bill on important VIRGINIA’S COMMITMENT TO ECO- f Northern Nevada priorities. Bill was an NOMIC PROSPERITY THROUGH integral part of the Pine Forest review EDUCATION INNOVATION TRIBUTE TO LIEUTENANT and assessment working group that ∑ Mr. KAINE. Mr. President, the key to COLONEL MARK A. SCHRAMEK worked for years to develop rec- America’s continued success lies in im- ∑ Mr. COCHRAN. Mr. President, I am ommendations that were ultimately in- proving our Nation’s educational sys- pleased to congratulate Lt. Col. Mark cluded in the Pine Forest Range Recre- tem. With the changing needs of our A. Schramek on the occasion of his re- ation Enhancement Act, legislation I workforce, it is imperative that we uti- tirement from the U.S. Air Force after have fought to enact as a member of lize research in STEM fields and the more than 20 years of service. A native the Senate Energy and Natural Re- humanities to improve our country’s of Duluth, MN, he has served our coun- sources Committee. This bill, which economic prosperity. Even in lean try with distinction both at home and would greatly benefit Humboldt Coun- times, Virginia focused on the link be- abroad. ty once enacted, has near unanimous tween research and the creative new An intelligence officer by training, support among residents because of the innovations that are leading this Na- Lieutenant Colonel Schramek has held indepth work done prior to introduc- tion’s economic recovery; the Com- a number of important operational and tion. In fact, it is frequently looked to monwealth’s continued commitment to headquarters assignments. In 2009, he in Congress as a national model for bridging these undertakings is com- became a Congressional liaison officer how public lands bills should be devel- mendable. for the U.S. Air Force, a demanding oped at the grassroots level. Public The Virginia Longitudinal System and important position within the De- input and local support is critical to all was created by a partnership between partment of Defense. As a Congres- my public lands work in the Energy the Virginia Department of Education, sional liaison officer, he developed and and Natural Resources Committee on the State Council of Higher Education implemented effective legislative behalf of the State, and Bill’s input has for Virginia, the Virginia Community strategies and supported some of the been vital in nearly every effort I have College System, and the Virginia Em- most important programs to the De- been involved in benefiting the county. ployment Commission. This vital re- partment of Defense. Bill exemplifies the highest stand- search tool, the first of its kind in the Having worked with Lieutenant Colo- ards of leadership and community serv- Nation, provides policymakers, re- nel Schramek over the past few years, ice and should be proud of his long and searchers, and citizens with informa- I am pleased to commend him for his meaningful career. I am grateful for his dedication and commitment to the peo- tion that will prepare and connect Vir- distinguished service to our country. I ple of Humboldt County and to the ginians with employment opportuni- wish him and his family the very best State of Nevada. Today, I ask that all ties. Funded with a grant awarded as they begin the next chapter of their of my colleagues join me in congratu- under the stimulus bill—the American lives.∑ lating Bill on his retirement, and I Recovery and Reinvestment Act of f offer my deepest appreciation for all 2009—the data system allows State that he has done to make the Silver agencies and researchers to study the CONGRATULATING BILL DEIST State an even better place. I offer my behaviors and transitions of students ∑ Mr. HELLER. Mr. President, I wish best wishes for many successful and through the public school systems, into today to congratulate Bill Deist, of fulfilling years to come.∑ college, and on to the workforce so Vir- Winnemucca, NV, on his retirement. ginia leaders can make informed deci- After serving the community of Hum- f sions and create education and work- boldt County for over 15 years, Bill will RECOGNIZING DR. NORMAN force policy based on consistent and be retiring in December 2014. It gives CHRISTOPHER FRANCIS relevant data. me great pleasure to congratulate him ∑ Ms. LANDRIEU. Mr. President, I Earlier this year, several education on his retirement after many years of wish to recognize and honor Dr. Nor- organizations, including the State hard work and dedication to Humboldt man Christopher Francis, who has de- Council of Higher Education for Vir- County and the Silver State. voted much of his life to increasing ac- ginia, Center for Excellence in Edu- Bill stands as a shining example of cess to, quality of, and affordability of cation, Center for Innovative Tech- someone who has devoted their life to postsecondary education for students. nology, Virginia Chamber of Com- the betterment of their community. He Dr. Francis recently retired from his merce, Virginia Business Higher Edu- started serving the Silver State in 1997 remarkable tenure as president of Xa- cation Council, and the Virginia Eco- when he moved to Carlin, NV. His expe- vier University, a renowned Histori- nomic Development Partnership, held rience of over 19 years as the city man- cally Black University and one of Lou- the Virginia Higher Education Re- ager in John Day, OR, made him an ex- isiana’s most cherished institutions of search Summit. The summit focused on tremely qualified candidate to become higher education. He has left behind an the importance of increasing funding the Carlin city manager—a position indelible mark of impressive leadership for academic research at Virginia’s col- that he held for 2 years. After his years and results. On behalf of the U.S. Sen- leges and universities, showcased the as the city manager, Bill became the ate and the State of Louisiana, I ap- strengths of private/public partnerships Humboldt County administrator, a po- plaud Dr. Francis for his devotion to between Virginia’s universities and the sition that he has held with integrity Louisiana’s higher education system private sector, provided a forum for for the past 15 years. and thank him for his many years of discussing best practices related to in- Upon becoming the Humboldt County service. tellectual property issues, and administrator, Bill became a person Dr. Francis began his journey in the strengthened the public’s under- known for getting things done. He al- field of higher education country more standing of where Virginia’s research ways worked well with all city, county, than 60 years ago as a student at Xa- dollars come from, including from Fed- and State governments throughout his vier University and grew into a cher- eral, State, and private sources. career. His consistent priority was to ished leader who later served as the If we are to win the race for talent, create initiatives geared toward the university’s president for 46 years. This we need a long-term plan that produces betterment and improvement of the makes him the longest tenured leader the best workforce in the world. I am lives of the Humboldt County citizens. of any university in America—quite a encouraged by these institutions’ open Among his many accomplishments, remarkable achievement. He is one of discussion of one of our Nation’s most Bill has been credited with the creation the most admired and respected leaders pressing problems—investing in inno- of a strong county budget and upon his not only in New Orleans and Louisiana vative research ideas that will drive retirement, he will be leaving the but in our Nation today. In an extraor- our economy and the middle class into county debt free and fiscally strong. dinary career, he took an active and the future. I recognize the efforts of While representing Humboldt County vital leadership role during the tumul- these stakeholders and the Common- for 4 years in the U.S. House of Rep- tuous decades of civil rights battles in

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.069 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6194 CONGRESSIONAL RECORD — SENATE November 20, 2014 Louisiana. Decades later, he helped TRIBUTE TO MARIA ECKRICH committed to getting the most out of Governor Kathleen Blanco guide our ∑ Mr. THUNE. Mr. President, today I her experience. State out of one of its darkest periods recognize Maria Eckrich, an intern in I extend my sincere thanks and ap- following the devastating impact of my Washington, DC office, for all of preciation to Kelsey Sakos for all of Hurricanes Katrina and Rita as chair- the hard work she has done for me, my the fine work she has done and wish man of the Louisiana Recovery Au- staff, and the State of South Dakota. her continued success in the years to ∑ thority. His leadership and expertise Maria is a graduate of Lincoln High come. played an important role in the re- School in Sioux Falls, SD. Currently, f building of a world-class quality, State Maria is attending American Univer- RECOGNIZING PROFESSORS OF public higher education system. sity’s School of International Service, THE YEAR On a personal note, Dr. Francis is one where she is studying global govern- ∑ Mr. UDALL of Colorado. Mr. Presi- of our family’s closest and most cher- ance, politics, and security. Maria is a ished friends, and he has most cer- dent, today I congratulate the four na- dedicated worker who has been com- tional winners of the U.S. Professor of tainly earned his retirement. And as a mitted to getting the most out of her devoted family man, I know he is look- the Year Award. Since 1981, this pro- experience. gram has recognized outstanding un- ing forward to more time with his dear I extend my sincere thanks and ap- wife Blanche, children and growing dergraduate instructors throughout preciation to Maria Eckrich for all of the country. A U.S. Professor of the grandchildren. the fine work she has done and wish I am proud that Louisiana’s higher Year was also recognized in 30 states her continued success in the years to and the District of Columbia. education system, especially our val- come.∑ ued Historically Black Colleges and This award is hailed as one of the Universities, have had the strong lead- f most prestigious honors bestowed upon ership and guidance of Dr. Francis over TRIBUTE TO ANNE KEOUGH a professor. To be nominated for this the years and I am grateful for his award requires dedication to the art of ∑ Mr. THUNE. Mr. President, today I education and excellence in every as- service. Dr. Francis’ leadership as the recognize Anne Keough, an intern in president of Xavier University will be pect of the profession. There is no my Washington, DC office, for all of doubt that professors who personally missed; however, I have full faith and the hard work she has done for me, my trust that he will continue to lead in vest themselves in each student shape staff, and the State of South Dakota. the leaders of tomorrow. These individ- improving the educational prospects Anne is a graduate of Lincoln High and outcomes for Louisiana’s students uals should be proud of their accom- School in Sioux Falls, SD. Currently, plishments and contributions to a in whatever role he pursues next. Once Anne is attending George Washington again, I am privileged and honored to brighter future. University, where she is majoring in I am particularly proud of Dr. formally recognize Dr. Norman Chris- international affairs/security policy topher Francis for his commitment and Branislav Notaros, the State winner and Arabic. Anne is a dedicated worker from Colorado. As a professor of elec- efforts to strengthen higher education who has been committed to getting the in Louisiana and the Nation.∑ trical and computer engineering and most out of her experience. Director of the Electromagnetics Lab- f I extend my sincere thanks and ap- oratory at Colorado State University, TRIBUTE TO STUART CAMPBELL preciation to Anne Keough for all of Dr. Notaros’ research has been instru- ∑ Mr. THUNE. Mr. President, today I the fine work she has done and wish mental in advancing the field of recognize Stuart Campbell, an intern her continued success in the years to electromagnetics. He has won numer- ∑ in my Washington, DC office, for all of come. ous awards in recognition of his work, the hard work he has done for me, my f including the 2005 IEEE Microwave Prize and the 2009 CSU Excellence in staff, and the State of South Dakota. TRIBUTE TO MEGAN Teaching Award. Stuart is a graduate of Central High REIFFENBERGER School in Aberdeen, SD. Currently, I commend and thank Dr. Notaros ∑ Stuart is attending Georgetown Uni- Mr. THUNE. Mr. President, today I and all the winners for their leadership versity, where he is majoring in recognize Megan Reiffenberger, an in- and passion for educating our nation’s Science and Technology in Inter- tern in my Washington, DC office, for young leaders. No doubt they have in- national Affairs. Stuart is a dedicated all of the hard work she has done for spired an untold number of students. I worker who has been committed to get- me, my staff, and the State of South wish all of the honorees the very best ting the most out of his experience. Dakota. in all their endeavors. Congratulations I extend my sincere thanks and ap- Megan is a graduate of Watertown and best regards. preciation to Stuart Campbell for all of High School in Watertown, SD. Cur- The four national award winners are: the fine work he has done and wish him rently, Megan is attending George Outstanding Baccalaureate Colleges continued success in the years to Mason University, where she is major- Professor of the Year: Laurie Grobman, come.∑ ing in English. Megan is a dedicated Professor of English and Women’s worker who has been committed to get- Studies, Pennsylvania State University f ting the most out of her experience. Berks; Outstanding Community Col- TRIBUTE TO ROSS DIETRICH I extend my sincere thanks and ap- leges Professor of the Year: John ∑ Mr. THUNE. Mr. President, today I preciation to Megan Reiffenberger for Wadach, Professor of Engineering recognize Ross Dietrich, an intern in all of the fine work she has done and Science and Physics, Monroe Commu- my Washington, DC office, for all of wish her continued success in the years nity College; Outstanding Doctoral and the hard work he has done for me, my to come.∑ Research Universities Professor of the staff, and the State of South Dakota. f Year: Sheri Sheppard, Professor of Me- Ross is a graduate of Roosevelt High chanical Engineering, Stanford Univer- School in Sioux Falls, SD. Currently, TRIBUTE TO KELSEY SAKOS sity and Outstanding Master’s Univer- Ross is attending the University of ∑ Mr. THUNE. Mr. President, today I sities and Colleges Professor of the South Dakota, where he is working to- recognize Kelsey Sakos, an intern in Year: Patricia H. Kelley, Professor of ward an M.A. in addiction studies. Ross my Rapid City, SD office, for all of the Geology, University of North Carolina is a dedicated worker who has been hard work she has done for me, my Wilmington. committed to getting the most out of staff, and the State of South Dakota. The 30 state and District of Columbia win- his experience. Kelsey is a graduate of Stevens High ners are: I extend my sincere thanks and ap- School in Rapid City, SD. Currently, Alabama—Eric J. Fournier, Professor of Geography, Samford University; preciation to Ross Dietrich for all of Kelsey is attending Black Hills State Arizona—James Sousa, Mathematics In- the fine work he has done and wish him University, where she is majoring in structor, Phoenix College; continued success in the years to political science/social science. Kelsey California—Mitch Malachowski, Professor come.∑ is a dedicated worker who has been of Chemistry, University of San Diego;

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.038 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 20, 2014 CONGRESSIONAL RECORD — SENATE S6195 Colorado—Branislav M. Notarosˇ, Professor EXECUTIVE MESSAGE REFERRED MEASURES PLACED ON THE of Electrical and Computer Engineering, Col- CALENDAR orado State University; As in executive session the Presiding Connecticut—Hisae Kobayashi, Senior Lec- Officer laid before the Senate a mes- The following bill was read the first turer in Japanese, Connecticut College; sage from the President of the United and second times by unanimous con- District of Columbia—Heidi Elmendorf, As- States submitting a nomination which sent, and placed on the calendar: sociate Professor of Biology, Georgetown was referred to the Committee on the H.R. 3583. An act to expand the number of University; Judiciary. scholarships available to Pakistani women Delaware—Beth Morling, Professor of Psy- (The message received today is print- under the Merit and Needs-Based Scholar- chological and Brain Sciences, University of ed at the end of the Senate pro- ship Program. Delaware; ceedings.) Florida—Rosany H. Alvarez, Mathematics f Professor, Miami Dade College; f Georgia—John A. Knox, Associate Pro- MESSAGES FROM THE HOUSE EXECUTIVE AND OTHER fessor and Undergraduate Coordinator, De- COMMUNICATIONS partment of Geography, University of Geor- At 9:48 a.m., a message from the gia; House of Representatives, delivered by The following communications were Idaho—Karen Launchbaugh, Professor of Mrs. Cole, one of its reading clerks, an- laid before the Senate, together with Rangeland Ecology, University of Idaho; nounced that the House has passed the accompanying papers, reports, and doc- Illinois—Dan Gebo, Professor of Anthro- following bills, in which it requests the uments, and were referred as indicated: pology, Northern Illinois University; concurrence of the Senate: EC–7899. A communication from the Man- Indiana—Michelle A. Whaley, Teaching agement and Program Analyst, Federal H.R. 3398. An act to authorize the Sec- Professor, Biological Sciences, University of Aviation Administration, Department of retary of State and the Administrator of the Notre Dame; Transportation, transmitting, pursuant to United States Agency for International De- Kentucky—Cindy S. Tucker, Associate law, the report of a rule entitled ‘‘Civil Pen- velopment to provide assistance to support Professor, Computer and Information Tech- alty Inflation Adjustment for Commercial the rights of women and girls in developing nologies, Bluegrass Community and Tech- Space Adjudications; Second Amendment’’ countries, and for other purposes. nical College; ((RIN2120–AK55) (Docket No. FAA–2014–0822)) Maryland—KenYatta Rogers, Professor of H.R. 3583. An act to expand the number of scholarships available to Pakistani women received during adjournment of the Senate Theatre, Montgomery College Rockville in the Office of the President of the Senate Campus; under the Merit and Needs-Based Scholar- ship Program. on November 14, 2014; to the Committee on Massachusetts—Beth McGinnis- Commerce, Science, and Transportation. Cavanaugh, Professor of Physics and Civil H.R. 4012. An act to prohibit the Environ- mental Protection Agency from proposing, EC–7900. A communication from the Man- Engineering Technology, Springfield Tech- agement and Program Analyst, Federal nical Community College; finalizing, or disseminating regulations or assessments based upon science that is not Aviation Administration, Department of Michigan—Cynthia Wade, Math Professor, Transportation, transmitting, pursuant to St. Clair County Community College; transparent or reproducible. H.R. 5448. An act to amend the John F. law, the report of a rule entitled ‘‘Proposed Minnesota—Kyja Kristjansson-Nelson, Pro- Establishment of Class E Airspace; Alma, fessor of Film, Minnesota State University Kennedy Center Act to authorize appropria- tions for the John F. Kennedy Center for the NE’’ ((RIN2120–AA66) (Docket No. FAA–2014– Moorhead; 0745)) received during adjournment of the Mississippi—Kenneth Sufka, Professor of Performing Arts. H.R. 5681. An act to provide for the ap- Senate in the Office of the President of the Psychology and Pharmacology, University of proval of the Amendment to the Agreement Senate on November 14, 2014; to the Com- Mississippi; Between the Government of the United mittee on Commerce, Science, and Transpor- Missouri—Andrea Nichols, Professor of So- States of America and the Government of tation. ciology, St. Louis Community College at the United Kingdom of Great Britain and EC–7901. A communication from the Man- Forest Park; Northern Ireland for Cooperation on the Uses agement and Program Analyst, Federal Nebraska—Greg W. Zacharias, Professor of of Atomic Energy for Mutual Defense Pur- Aviation Administration, Department of English and Director, Center for Henry poses. Transportation, transmitting, pursuant to James Studies, Creighton University; H.R. 5728. An act to amend the Commu- law, the report of a rule entitled ‘‘Proposed New Jersey—Darrin M. York, Professor of nications Act of 1934 and title 17, United Establishment of Class E Airspace; Cando, Chemistry, Rutgers, The State University of States Code, to extend expiring provisions ND’’ ((RIN2120–AA66) (Docket No. FAA–2014– New Jersey; relating to the retransmission of signals of 0746)) received during adjournment of the New York—Cynthia Jones, Lecturer, television broadcast stations, and for other Senate in the Office of the President of the English Department, Hostos Community Col- purposes. Senate on November 14, 2014; to the Com- lege of The City University of New York; mittee on Commerce, Science, and Transpor- North Carolina—Karen Hornsby, Associate At 11:58 a.m., a message from the tation. Professor of Philosophy, North Carolina A&T EC–7902. A communication from the Man- State University; House of Representatives, delivered by Mr. Novotny, one of its reading clerks, agement and Program Analyst, Federal Ohio—Elizabeth George, Professor of Phys- Aviation Administration, Department of ics, Wittenberg University; announced that the House has agreed Transportation, transmitting, pursuant to Oregon—Jennifer Corpus, Professor of Psy- to the following concurrent resolution, law, the report of a rule entitled ‘‘Proposed chology, Reed College; in which it requests the concurrence of Establishment of Class E Airspace; Encinal, Pennsylvania—Richard L. Wallace, Pro- the Senate: TX’’ ((RIN2120–AA66) (Docket No. FAA–2014– fessor of Environmental Studies, Ursinus H. Con. Res. 119. Concurrent resolution 0741)) received during adjournment of the College; providing for a conditional adjournment of Senate in the Office of the President of the South Carolina—Milind N. Kunchur, Pro- the House of Representatives and a condi- Senate on November 14, 2014; to the Com- fessor, Department of Physics and Astron- tional recess or adjournment of the Senate. mittee on Commerce, Science, and Transpor- omy, University of South Carolina; tation. f Texas—Collin Thomas, Professor of Biol- EC–7903. A communication from the Man- ogy, Collin College; MEASURES REFERRED agement and Program Analyst, Federal Virginia—Paul Hanstedt, Professor of Aviation Administration, Department of English, Roanoke College; The following bills were read the first Transportation, transmitting, pursuant to West Virginia—Kateryna A.R. Schray, Pro- and the second times by unanimous law, the report of a rule entitled ‘‘Establish- fessor, Department of English, Marshall Uni- consent, and referred as indicated: ment of Class E Airspace; Thomas, OK’’ versity; and H.R. 3398. An act to authorize the Sec- ((RIN2120–AA66) (Docket No. FAA–2014–0263)) Wisconsin, Scott Cooper, Professor of Biol- retary of State and the Administrator of the received during adjournment of the Senate ogy and Director of Undergraduate Research United States Agency for International De- in the Office of the President of the Senate and Creativity, University of Wisconsin—La velopment to provide assistance to support on November 14, 2014; to the Committee on Crosse.∑ the rights of women and girls in developing Commerce, Science, and Transportation. f countries, and for other purposes; to the EC–7904. A communication from the Man- Committee on Foreign Relations. agement and Program Analyst, Federal MESSAGE FROM THE PRESIDENT H.R. 4012. An act to prohibit the Environ- Aviation Administration, Department of mental Protection Agency from proposing, Transportation, transmitting, pursuant to A message from the President of the finalizing, or disseminating regulations or law, the report of a rule entitled ‘‘Revoca- United States was communicated to assessments based upon science that is not tion of Restricted Areas R–4105A and R– the Senate by Mr. Pate, one of his sec- transparent or reproducible; to the Com- 4105B; No Man’s Land Island, MA’’ ((RIN2120– retaries. mittee on Environment and Public Works. AA66) (Docket No. FAA–2014–0760)) received

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.100 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6196 CONGRESSIONAL RECORD — SENATE November 20, 2014 during adjournment of the Senate in the Of- EC–7912. A communication from the Man- Aviation Administration, Department of fice of the President of the Senate on No- agement and Program Analyst, Federal Transportation, transmitting, pursuant to vember 14, 2014; to the Committee on Com- Aviation Administration, Department of law, the report of a rule entitled ‘‘Airworthi- merce, Science, and Transportation. Transportation, transmitting, pursuant to ness Directives; General Electric Company EC–7905. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- Turbofan Engines’’ ((RIN2120–AA64) (Docket agement and Program Analyst, Federal ness Directives; Airbus Airplanes’’ ((RIN2120– No. FAA–2007–28413)) received during ad- Aviation Administration, Department of AA64) (Docket No. FAA–2014–0140)) received journment of the Senate in the Office of the Transportation, transmitting, pursuant to during adjournment of the Senate in the Of- President of the Senate on November 14, law, the report of a rule entitled ‘‘Change of fice of the President of the Senate on No- 2014; to the Committee on Commerce, Controlling Agency for Restricted Areas; vember 14, 2014; to the Committee on Com- Science, and Transportation. California’’ ((RIN2120–AA66) (Docket No. merce, Science, and Transportation. EC–7920. A communication from the Man- FAA–2014–0722)) received in the Office of the EC–7913. A communication from the Man- agement and Program Analyst, Federal President of the Senate on November 13, agement and Program Analyst, Federal Aviation Administration, Department of 2014; to the Committee on Commerce, Aviation Administration, Department of Transportation, transmitting, pursuant to Science, and Transportation. Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthi- EC–7906. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- ness Directives; Bombardier, Inc. Airplanes’’ agement and Program Analyst, Federal ness Directives; Beechcraft Corporation ((RIN2120–AA64) (Docket No. FAA–2014–0548)) Aviation Administration, Department of (Type Certificate Previously Held by Hawker received during adjournment of the Senate Transportation, transmitting, pursuant to Beechcraft Corporation; Raytheon Aircraft in the Office of the President of the Senate law, the report of a rule entitled ‘‘Airplane Company; Beech Aircraft Corporation) Air- on November 14, 2014; to the Committee on and Engine Certification Requirements in planes’’ ((RIN2120–AA64) (Docket No. FAA– Commerce, Science, and Transportation. Supercooled Large Drop, Mixed Phase, and 2014–0345)) received during adjournment of EC–7921. A communication from the Man- Ice Crystal Icing Conditions’’ ((RIN2120– the Senate in the Office of the President of agement and Program Analyst, Federal AJ34) (Docket No. FAA–2010–0636; Amdt. Nos. the Senate on November 14, 2014; to the Com- Aviation Administration, Department of 25–140 and 33–34)) received during adjourn- mittee on Commerce, Science, and Transpor- Transportation, transmitting, pursuant to ment of the Senate in the Office of the Presi- tation. law, the report of a rule entitled ‘‘Airworthi- dent of the Senate on November 14, 2014; to EC–7914. A communication from the Man- ness Directives; The Boeing Company Air- the Committee on Commerce, Science, and agement and Program Analyst, Federal planes’’ ((RIN2120–AA64) (Docket No. FAA– Transportation. Aviation Administration, Department of 2014–0431)) received during adjournment of EC–7907. A communication from the Man- Transportation, transmitting, pursuant to the Senate in the Office of the President of agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- the Senate on November 14, 2014; to the Com- Aviation Administration, Department of ness Directives; Rolls-Royce plc Turbofan mittee on Commerce, Science, and Transpor- Transportation, transmitting, pursuant to Engines’’ ((RIN2120–AA64) (Docket No. FAA– tation. law, the report of a rule entitled ‘‘Orders of 2014–0705)) received during adjournment of EC–7922. A communication from the Man- Compliance, Cease and Desist Orders, Orders the Senate in the Office of the President of agement and Program Analyst, Federal of Denial, and Other Orders’’ ((RIN2120–AK43) the Senate on November 14, 2014; to the Com- Aviation Administration, Department of (Docket No. FAA–2014–0505; Amdt. No. 13– mittee on Commerce, Science, and Transpor- Transportation, transmitting, pursuant to 36A)) received during adjournment of the tation. law, the report of a rule entitled ‘‘Airworthi- Senate in the Office of the President of the EC–7915. A communication from the Man- ness Directives; Lockheed Martin Corpora- Senate on November 14, 2014; to the Com- agement and Program Analyst, Federal tion/Lockheed Martin Aeronautics Company mittee on Commerce, Science, and Transpor- Aviation Administration, Department of Airplanes’’ ((RIN2120–AA64) (Docket No. tation. EC–7908. A communication from the Man- Transportation, transmitting, pursuant to FAA–2014–0290)) received in the Office of the agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- President of the Senate on November 13, Aviation Administration, Department of ness Directives; Pacific Aerospace Limited 2014; to the Committee on Commerce, Transportation, transmitting, pursuant to Airplanes’’ ((RIN2120–AA64) (Docket No. Science, and Transportation. EC–7923. A communication from the Man- law, the report of a rule entitled ‘‘Departing FAA–2014–0532)) received during adjournment agement and Program Analyst, Federal IFR/VFR When Weather Reporting Is Not of the Senate in the Office of the President Aviation Administration, Department of Available; Confirmation of Effective Date’’ of the Senate on November 14, 2014; to the Transportation, transmitting, pursuant to ((RIN2120–AK49) (Docket No. FAA–2014–0502; Committee on Commerce, Science, and Amdt. No. 135–131)) received during adjourn- Transportation. law, the report of a rule entitled ‘‘Airworthi- ment of the Senate in the Office of the Presi- EC–7916. A communication from the Man- ness Directives; The Boeing Company Air- dent of the Senate on November 14, 2014; to agement and Program Analyst, Federal planes’’ ((RIN2120–AA64) (Docket No. FAA– the Committee on Commerce, Science, and Aviation Administration, Department of 2014–0283)) received in the Office of the Presi- Transportation. Transportation, transmitting, pursuant to dent of the Senate on November 13, 2014; to EC–7909. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- the Committee on Commerce, Science, and agement and Program Analyst, Federal ness Directives; Honeywell International Inc. Transportation. Aviation Administration, Department of Air Data Pressure Transducers’’ ((RIN2120– EC–7924. A communication from the Man- Transportation, transmitting, pursuant to AA64) (Docket No. FAA–2014–0285)) received agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- during adjournment of the Senate in the Of- Aviation Administration, Department of ness Directives; Fiberglas-Technik Rudolf fice of the President of the Senate on No- Transportation, transmitting, pursuant to Lindner GmbH and Co. KG Gliders’’ vember 14, 2014; to the Committee on Com- law, the report of a rule entitled ‘‘Airworthi- ((RIN2120–AA64) (Docket No. FAA–2014–0292)) merce, Science, and Transportation. ness Directives; Airbus Helicopters, Inc. received during adjournment of the Senate EC–7917. A communication from the Man- (Previously Eurocopter France) Helicopters’’ in the Office of the President of the Senate agement and Program Analyst, Federal ((RIN2120–AA64) (Docket No. FAA–2014–0757)) on November 14, 2014; to the Committee on Aviation Administration, Department of received in the Office of the President of the Commerce, Science, and Transportation. Transportation, transmitting, pursuant to Senate on November 13, 2014; to the Com- EC–7910. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- mittee on Commerce, Science, and Transpor- agement and Program Analyst, Federal ness Directives; Airbus Helicopters (Pre- tation. Aviation Administration, Department of viously Eurocopter France) Helicopters’’ EC–7925. A communication from the Man- Transportation, transmitting, pursuant to ((RIN2120–AA64) (Docket No. FAA–2014–0832)) agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- received during adjournment of the Senate Aviation Administration, Department of ness Directives; Bombardier, Inc. Airplanes’’ in the Office of the President of the Senate Transportation, transmitting, pursuant to ((RIN2120–AA64) (Docket No. FAA–2014–0287)) on November 14, 2014; to the Committee on law, the report of a rule entitled ‘‘Airworthi- received during adjournment of the Senate Commerce, Science, and Transportation. ness Directives; Alexandria Aircraft LLC in the Office of the President of the Senate EC–7918. A communication from the Man- Airplanes’’ ((RIN2120–AA64) (Docket No. on November 14, 2014; to the Committee on agement and Program Analyst, Federal FAA–2014–0438)) received in the Office of the Commerce, Science, and Transportation. Aviation Administration, Department of President of the Senate on November 13, EC–7911. A communication from the Man- Transportation, transmitting, pursuant to 2014; to the Committee on Commerce, agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- Science, and Transportation. Aviation Administration, Department of ness Directives; The Boeing Company Air- EC–7926. A communication from the Man- Transportation, transmitting, pursuant to planes’’ ((RIN2120–AA64) (Docket No. FAA– agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- 2014–0451)) received during adjournment of Aviation Administration, Department of ness Directives; Bombardier, Inc. Airplanes’’ the Senate in the Office of the President of Transportation, transmitting, pursuant to ((RIN2120–AA64) (Docket No. FAA–2014–0581)) the Senate on November 14, 2014; to the Com- law, the report of a rule entitled ‘‘Airworthi- received during adjournment of the Senate mittee on Commerce, Science, and Transpor- ness Directives; Brantly International, Inc. in the Office of the President of the Senate tation. Helicopters’’ ((RIN2120–AA64) (Docket No. on November 14, 2014; to the Committee on EC–7919. A communication from the Man- FAA–2012–1093)) received in the Office of the Commerce, Science, and Transportation. agement and Program Analyst, Federal President of the Senate on November 13,

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.011 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 20, 2014 CONGRESSIONAL RECORD — SENATE S6197 2014; to the Committee on Commerce, United States Congress to provide a means ernment in the Alaska outer continental Science, and Transportation. for consistently and equitably sharing with shelf region alone since 2005; and EC–7927. A communication from the Man- all oil and gas producing states adjacent to Whereas outer continental shelf revenue agement and Program Analyst, Federal federal outer continental shelf areas a por- sharing could provide a stable funding source Aviation Administration, Department of tion of revenue generated from outer conti- for and help fulfill the mission of the Land Transportation, transmitting, pursuant to nental shelf oil and gas development on the and Water Conservation Fund, a national law, the report of a rule entitled ‘‘Airworthi- outer continental shelf to ensure that those fund created to safeguard natural areas, ness Directives; Empresa Brasileira de states develop necessary infrastructure to water resources, and cultural heritage and to Aeronautica S.A. (EMBRAER) Airplanes’’ support outer continental shelf development provide recreation opportunities: Now, there- ((RIN2120–AA64) (Docket No. FAA–2014–0740)) and preserve environmental integrity; to the fore, be it received in the Office of the President of the Committee on Energy and Natural Re- Resolved, That the Alaska State Legisla- Senate on November 13, 2014; to the Com- sources. ture urges the United States Congress to mittee on Commerce, Science, and Transpor- HOUSE JOINT RESOLUTION 26 provide a means for consistently and equi- tation. tably sharing with all oil and gas producing Whereas oil and gas development in federal EC–7928. A communication from the Man- states adjacent to federal outer continental areas, both onshore and offshore, requires agement and Program Analyst, Federal shelf areas a portion of revenue generated additional investment in state infrastructure Aviation Administration, Department of from outer continental shelf oil and gas pro- and increases demand on state and local gov- Transportation, transmitting, pursuant to duction to ensure the states develop nec- ernment resources; and law, the report of a rule entitled ‘‘Airworthi- essary infrastructure to support outer conti- Whereas, under the Mineral Lands Leasing ness Directives; Pacific Aerospace Limited nental shelf development and preserve envi- Act of 1920, the federal government recog- Airplanes’’ ((RIN2120–AA64) (Docket No. ronmental integrity. nizes the effects of oil and gas development FAA–2014–0516)) received in the Office of the Copies of this resolution shall be sent to in federal onshore areas by sharing with the President of the Senate on November 13, the Honorable Barack Obama, President of states 50 percent of revenue from mineral 2014; to the Committee on Commerce, the United States; the Honorable Joseph R. production on federal land within each Science, and Transportation. Biden, Jr., Vice-President of the United EC–7929. A communication from the Man- state’s boundaries; and States and President of the U.S. Senate; the agement and Program Analyst, Federal Whereas, under the Outer Continental Honorable Sally Jewell, United States Sec- Aviation Administration, Department of Shelf Lands Act, the federal government rec- retary of the Interior; the Honorable John Transportation, transmitting, pursuant to ognizes the effect oil and gas development in Boehner, Speaker of the U.S. House of Rep- law, the report of a rule entitled ‘‘Airworthi- federal near-shore areas has on states by resentatives; the Honorable Eric Cantor, Ma- ness Directives; Pacific Aerospace Limited sharing with those states 27 percent of rev- jority Leader of the U.S. House of Represent- Airplanes’’ ((RIN2120–AA64) (Docket No. enue collected from federal oil and gas leases atives; the Honorable Nancy Pelosi, Minority FAA–2014–0494)) received in the Office of the within three miles of the states’ coastlines; Leader of the U.S. House of Representatives; President of the Senate on November 13, and the Honorable Harry Reid, Majority Leader 2014; to the Committee on Commerce, Whereas, under the Gulf of Mexico Energy of the U.S. Senate; the Honorable Mitch Science, and Transportation. Security Act of 2006, the federal government McConnell, Minority Leader of the U.S. Sen- EC–7930. A communication from the Man- recognizes the effect that oil and gas devel- ate; the Honorable Mary Landrieu, Chair of agement and Program Analyst, Federal opment in federal offshore areas has on the the U.S. Senate Committee on Energy and Aviation Administration, Department of states of Alabama, Louisiana, Mississippi, Natural Resources; the Honorable Lisa Mur- Transportation, transmitting, pursuant to and Texas, and recognizes the contributions kowski and the Honorable Mark Begich, U.S. law, the report of a rule entitled ‘‘Airworthi- to national energy, security, and economic Senators, and the Honorable Don Young, ness Directives; The Boeing Company Air- interests made by sharing with those states U.S. Representative, members of the Alaska planes’’ ((RIN2120–AA64) (Docket No. FAA– 37.5 percent of revenue from federal oil and delegation in Congress; and all other mem- 2014–0654)) received in the Office of the Presi- gas leases in outer continental shelf areas bers of the 113th United States Congress. dent of the Senate on November 13, 2014; to adjacent to each state; and the Committee on Commerce, Science, and Whereas the federal government fails to Transportation. recognize the same effects on and contribu- POM–352. A joint resolution adopted by the EC–7931. A communication from the Man- tions made by other oil and gas producing Legislature of the State of Alaska urging the agement and Program Analyst, Federal states adjacent to federal outer continental United States Congress to enact legislation Aviation Administration, Department of shelf areas, including this state and Cali- that would require approval by Acts of the Transportation, transmitting, pursuant to fornia; and Alaska State Legislature and the United law, the report of a rule entitled ‘‘Airworthi- Whereas the Alaska outer continental shelf States Congress before establishing an inter- ness Directives; Bombardier, Inc. Airplanes’’ region encompasses the Beaufort, Chukchi, national designation of land or water in the ((RIN2120–AA64) (Docket No. FAA–2014–0650)) and Bering seas, Cook Inlet, and the Gulf of State of Alaska; to the Committee on En- received in the Office of the President of the Alaska, includes over 1,000,000,000 acres, and ergy and Natural Resources. Senate on November 13, 2014; to the Com- contains more than 6,000 miles of coastline, SENATE JOINT RESOLUTION 15 mittee on Commerce, Science, and Transpor- which is more coastline than the rest of the Whereas Alaska and the Russian Far East tation. EC–7932. A communication from the Man- United States combined; and are close neighbors across the Bering Sea, Whereas there are presently 607 active oil agement and Program Analyst, Federal and archaeologists believe that the area was Aviation Administration, Department of and gas leases and more than 3,300,000 acres a migration route used by many peoples Transportation, transmitting, pursuant to of leased land in the Alaska outer shelf con- moving from Asia and populating North and law, the report of a rule entitled ‘‘Airworthi- tinental region; and South America; and ness Directives; Airbus Airplanes’’ ((RIN2120– Whereas federal government grants do not Whereas some of the indigenous peoples of AA64) (Docket No. FAA–2014–0058)) received adequately address the need for additional Western Alaska and the Russian Far East in the Office of the President of the Senate investment in state infrastructure or the in- speak the same language and share the same on November 13, 2014; to the Committee on creased demands on state and local govern- customs and traditions but have, until re- Commerce, Science, and Transportation. ment resources resulting from outer conti- cent times, been separated by political dif- EC–7933. A communication from the Man- nental shelf development, especially in this ferences between their respective countries; agement and Program Analyst, Federal state, which has more coastline, more rural and Aviation Administration, Department of communities, and less infrastructure than Whereas, in recent years, various events Transportation, transmitting, pursuant to any other state; and and exchanges have been organized to recon- law, the report of a rule entitled ‘‘Harmoni- Whereas outer continental shelf revenue nect the residents of Western Alaska and zation of Airworthiness Standards—Miscella- sharing would allow states to build infra- those of the Russian Far East; and neous Structures Requirements’’ ((RIN2120– structure such as marine ports, airports, Whereas the areas of Western Alaska and AK13) (Docket No. FAA–2013–0109)) received utilities, and housing, and increase state the Russian Far East have been referred to in the Office of the President of the Senate services, such as oil spill and emergency re- as Beringia; and on November 13, 2014; to the Committee on sponse and environmental monitoring and Whereas, in 2010, the United States and Commerce, Science, and Transportation. mitigation, which would likely lead to ex- Russia began negotiations to develop a panded, safer exploration and development Memorandum of Understanding for the pur- f activity and increase overall revenue to the pose of establishing an international pro- PETITIONS AND MEMORIALS federal government; and tected area in the Bering Strait region that The following petitions and memo- Whereas additional state infrastructure would include the Bering Land Bridge Na- and increased availability of state and local tional Preserve, the Cape Krusenstern Na- rials were laid before the Senate and government resources would likely increase tional Monument, and, in the Chukotka re- were referred or ordered to lie on the interest in and bids during future federal gion of Russia, the yet-to-be-created table as indicated: outer continental shelf oil and gas lease Beringia International Park; and POM–351. A joint resolution adopted by the sales, which have generated over Whereas the National Park Service identi- Legislature of the State of Alaska urging the $2,750,000,000 in revenue for the federal gov- fies and defines Beringia as the area bounded

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.012 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6198 CONGRESSIONAL RECORD — SENATE November 20, 2014 on the east by the Mackenzie River in Can- tive Claims Settlement Act, and the Alaska Honorable John F. Kerry, United States Sec- ada, on the west by the Lena River in Russia, National Interest Lands Conservation Act; retary of State; the Honorable Sally Jewell, on the north by 72 degrees North latitude, and United States Secretary of the Interior; the and on the south by the southern tip of Whereas the Department of Fish and Game Honorable Jonathan B. Jarvis, director of Kamchatka, leaving only the south-central is responsible for the management, protec- the National Park Service, United States De- and southeastern limits to be determined; tion, maintenance, enhancement, rehabilita- partment of the Interior; the Honorable John and tion, and extension of fish and wildlife re- Boehner, Speaker of the U.S. House of Rep- Whereas the federal government histori- sources in the state, including management resentatives; the Honorable Nancy Pelosi, cally has attempted to expand the scope of responsibilities on National Park Service Minority Leader of the U.S. House of Rep- its influence beyond Alaska park boundaries, land; and resentatives; the Honorable Harry Reid, Ma- including the attempt to establish game Whereas, in the 1982 Master Memorandum jority Leader of the U.S. Senate; the Honor- buffer zones around Denali National Park of Understanding between the Department of able Mitch McConnell, Minority Leader of and Preserve; and Fish and Game and the National Park Serv- the U.S. Senate; the Honorable Mary Lan- Whereas, during the past two decades, the ice, the parties agreed to ‘‘consider carefully drieu, Chair of the Energy and Natural Re- National Park Service has repeatedly ex- the impact on the State of Alaska of pro- sources Committee of the U.S. Senate; the panded the size of the area identified as posed treaties or international agreements Honorable Sean Parnell, Governor of Alaska; Beringia; and relating to fish and wildlife resources which the Honorable Michael C. Geraghty, Alaska Whereas the National Park Service man- could diminish the jurisdictional authority Attorney General; the Honorable Lisa Mur- ages the Shared Beringian Heritage Program of the State, and to consult freely with the kowski and the Honorable Mark Begich, U.S. and seeks to foster mutual understanding State when such treaties or agreements have Senators, and the Honorable Don Young, and cooperation between the United States a significant impact on the State’’; Now, U.S. Representative, members of the Alaska and Russia and between the indigenous peo- therefore, be it delegation in Congress: and all other mem- ples of Western Alaska and the Russian Far Resolved, That the Alaska State Legisla- bers of the 113th United States Congress. East by promoting cultural exchange, sup- ture asserts that any international Memo- porting subsistence opportunities, and work- randum of Understanding or other action to POM–353. A concurrent resolution adopted ing toward an international designation for designate land or water in the state as an by the Legislature of the State of Alaska the land and water in the area identified as international park, world heritage site, bio- urging the United States Congress to act on Beringia; and sphere reserve, Ramsar site, or classification the request of the governor to acquire for the Whereas, for many years, the National of land or water that affects the proper use State additional land in the Tongass Na- Park Service has pursued a program to es- of the land or water by the state or an Alas- tional Forest from the United States Gov- tablish a Beringia International Park that ka Native corporation should require ap- ernment by purchase or negotiation or by potentially could evolve into a world herit- proval by Acts of the Alaska State Legisla- seeking amendment to the Alaska Statehood age site or a marine biosphere reserve and ture and the United States Congress before Act; to the Committee on Energy and Nat- would include land and water in Alaska and taking effect; and be it further ural Resources. the Russian Far East; and Resolved, That the Alaska State Legisla- SENATE CONCURRENT RESOLUTION 2 Whereas officials of the United States De- ture requests that the United States Depart- partment of State and the National Park ment of State and the United States Depart- Whereas the Tongass National Forest was Service have traveled throughout Russia and ment of the Interior cease all further action created in 1907 by a proclamation of Presi- spoken before the Russian Duma in Moscow; to establish an international designation of dent Theodore Roosevelt; and and land or water in the state until the United Whereas, under the Alaska Statehood Act Whereas the international designations States Congress and the Alaska State Legis- (P.L. 85–508, 72 Stat. 339), the federal govern- contemplated by the National Park Service lature approve; and be it further ment provided Alaska with a 103,350,000-acre for the areas included in Beringia are an in- Resolved, That the Alaska State Legisla- land entitlement, which was considered to be vitation and another means for United ture respectfully requests that the United sufficient for the newly formed state to be- States and foreign environmental non- States Congress enact a law that requires come economically self-supporting; and governmental organizations to oppose re- Congressional approval of any international Whereas the Alaska Statehood Act (P.L. source development on public and Alaska designation that affects the use of land or 85–508, 72 Stat. 339) gave the state 25 years to Native land and water in the state; and water by the state or the United States; and select land for entitlement; and Whereas many Alaskans are concerned be it further Whereas the 25-year period established in that the proposed Beringia International Resolved, That the Alaska State Legisla- the Alaska Statehood Act (P.L. 85–508, 72 Park would impede future rights of access ture requests that, if the United States De- Stat. 339) as the period in which the state for the Red Dog Mine, the primary economic partment of State or the United States De- may select land for entitlement was later ex- engine in Northwest Alaska; and partment of the Interior nevertheless pur- tended, in effect, by various legislation, with Whereas Alaska Native corporations and sues or proposes the designation of land or the result that approximately 5,500,000 acres the state specifically selected much of their water as an international park, world herit- of the land entitlement granted to the state land because of the mineral potential and age site, biosphere reserve, Ramsar site, or by the Act have not yet been conveyed; and the opportunity to create jobs and other eco- classification of land or water that affects Whereas, from the 1950s through the early nomic opportunities for the people of the the proper use of the land or water by the 1990s, the commercial harvest of timber state; and state or an Alaska Native corporation, the formed a major part of the economy of Whereas, in September 2012, Governor Sean governor be actively involved in the process Southeast Alaska; and Parnell sent a letter to then United States and development of any joint action plan; Whereas the commercial harvest of timber Secretary of State Hillary Rodham Clinton and be it further no longer forms a major part of the economy asking for time to conduct a meaningful re- Resolved, That the Alaska State Legisla- of Southeast Alaska because the timber in- view of the proposed Memorandum of Under- ture requests that the state, including the dustry does not have access to an adequate standing regarding Beringia and to provide departments responsible for the management amount of timber that can be economically input on the possible effects of the Memo- of fish and wildlife and other natural re- harvested from the Tongass National Forest; randum of Understanding on the region and sources, be an integral if not primary part of and the state; and any discussion, agreement, understanding, or Whereas, in the past four years, several ef- Whereas, on January 17, 2013, Russian other process or document that affects the forts to revitalize the timber industry in Prime Minister Dmitry Medvedev signed a use or development of fish and wildlife and Southeast Alaska have failed because a tim- decree creating Beringia National Park as a other natural resources in the state; and be ber industry cannot exist without an ade- Russian National Park in the Chukotka Re- it further quate timber supply; and gion; and Resolved, That the Alaska State Legisla- Whereas the United States Congress has Whereas, in October 2013, members of the ture urges the governor and the attorney placed 40 percent of the Tongass National Alaska State Legislature learned that the general to reserve all legal remedies, includ- Forest off limits for commercial use, and the United States Department of State, the Na- ing the recovery of damages, for a taking of United States Forest Service has administra- tional Park Service, and the Russian Federa- the natural resources of the state in viola- tively set aside an additional 58 percent of tion were in the final stages of formalizing a tion of the Alaska Statehood Compact, the Tongass National Forest; and Memorandum of Understanding regarding a should a designation of land and water in the Whereas, at the present time, only two per- transboundary protected area in the Bering state as an international park, world herit- cent of the Tongass National Forest is man- Strait region; and age site, biosphere reserve, Ramsar site, or aged for the purpose of providing local com- Whereas the current effort to formalize a other classification hamper the use or devel- munities with the opportunity to harvest transboundary protected area would be the opment of the natural resources of the state. timber; and first step in imposing international designa- Copies of this resolution shall be sent to Whereas 91 percent of the old growth tim- tions and could reduce the sovereignty of the the Honorable Barack Obama, President of ber standing in the Tongass National Forest state and the United States over the bur- the United States; the Honorable Joseph R. in 1954 remains standing, and the remaining dened parts of the state, in violation of the Biden, Jr., Vice-President of the United nine percent that has been harvested has Alaska Statehood Compact, the Alaska Na- States and President of the U.S. Senate; the now been replaced with young growth timber

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.014 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 20, 2014 CONGRESSIONAL RECORD — SENATE S6199 that will begin maturing in about 30 years; United States Congress to enact legislation Whereas many Alaskans are concerned and that would require approval by Acts of the that the proposed Beringia International Whereas findings prepared by the Alaska Alaska State Legislature and the United Park would impede future rights of access Timber Jobs Task Force in June 2012 reveal States Congress before establishing an inter- for the Red Dog Mine, the primary economic that the timber industry is vitally important national designation of land or water in the engine in Northwest Alaska; and to statewide and regional economies in the State of Alaska; to the Committee on En- Whereas Alaska Native corporations and state; and ergy and Natural Resources. the state specifically selected much of their Whereas the principal barrier to job cre- SENATE JOINT RESOLUTION 15 land because of the mineral potential and ation in the Southeast Alaska timber indus- the opportunity to create jobs and other eco- Whereas Alaska and the Russian Far East try is the lack of a sufficient amount of tim- nomic opportunities for the people of the are close neighbors across the Bering Sea, ber that can be economically harvested from state; and the Tongass National Forest; and and archaeologists believe that the area was Whereas, in September 2012, Governor Sean Whereas an unrealistic Tongass Land Man- a migration route used by many peoples Parnell sent a letter to then United States agement Plan dictated by Washington, D.C., moving from Asia and populating North and Secretary of State Hillary Rodham Clinton endless environmental legal appeals, and a South America; and asking for time to conduct a meaningful re- Whereas some of the indigenous peoples of lack of political will by public officials who view of the proposed Memorandum of Under- are in a position to support meeting timber Western Alaska and the Russian Far East standing regarding Beringia and to provide harvest targets have prevented the United speak the same language and share the same input on the possible effects of the Memo- States Forest Service from providing the customs and traditions but have, until re- randum of Understanding on the region and timber industry access to enough economi- cent times, been separated by political dif- the state; and cally harvestable timber in the Tongass Na- ferences between their respective countries; Whereas, on January 17, 2013, Russian tional Forest to make the timber industry and Prime Minister Dmitry Medvedev signed a commercially viable in Southeast Alaska; Whereas in recent years, various events decree creating Beringia National Park as a and and exchanges have been organized to recon- Russian National Park in the Chukotka Re- Whereas because the United States Forest nect the residents of Western Alaska and gion; and Service has not been able to provide the tim- those of the Russian Far East; and Whereas, in October 2013, members of the ber industry with access to enough economi- Whereas the areas of Western Alaska and Alaska State Legislature learned that the cally harvestable timber in the Tongass Na- the Russian Far East have been referred to United States Department of State, the Na- tional Forest to sustain the timber industry as Beringia; and tional Park Service, and the Russian Federa- in Southeast Alaska, it is time for the Whereas, in 2010, the United States and tion were in the final stages of formalizing a United States Congress to act on the gov- Russia began negotiations to develop a Memorandum of Understanding regarding a ernor’s request to acquire additional land in Memorandum of Understanding for the pur- transboundary protected area in the Bering the Tongass National Forest that will pro- pose of establishing an international pro- Strait region; and vide enough economically harvestable tim- tected area in the Bering Strait region that Whereas the current effort to formalize a ber to create a sustainable economic base for would include the Bering Land Bridge Na- transboundary protected area would be the the communities of Southeast Alaska; and tional Preserve, the Cape Krusenstern Na- first step in imposing international designa- Whereas sec. 6 of the Alaska Statehood Act tional Monument, and, in the Chukotka re- tions and could reduce the sovereignty of the (P.L. 85–508, 72 Stat. 339) limited the state’s gion of Russia, the yet-to-be created state and the United States over the bur- selection of land from the Tongass National Beringia International Park; and dened parts of the state, in violation of the Forest and the Chugach National Forest to Whereas the National Park Service identi- Alaska Statehood Compact, the Alaska Na- 400,000 acres with the intention of preserving fies and defines Beringia as the area bounded tive Claims Settlement Act, and the Alaska timber for federal long-term sales; and on the east by the Mackenzie River in Can- National Interest Lands Conservation Act; Whereas sec. 6 of the Alaska Statehood Act ada, on the west by the Lena River in Russia, and (P.L. 85–508, 72 Stat. 339) allowed the state to on the north by 72 degrees North latitude, Whereas the Department of Fish and Game select land in other regions of the state with- and on the south by the southern tip of is responsible for the management, protec- out restricting the use of the land to recre- Kamchatka, leaving only the south-central tion, maintenance, enhancement, rehabilita- ation and community expansion, and, be- and southeastern limits to be determined; tion, and extension of fish and wildlife re- cause the timber industry in Southeast Alas- and sources in the state, including management ka has become unsustainable, the state Whereas the federal government histori- responsibilities on National Park Service should be entitled to acquire some of its re- cally has attempted to expand the scope of land; and maining land entitlement under the Alaska its influence beyond Alaska park boundaries, Whereas, in the 1982 Master Memorandum Statehood Act from the Tongass National including the attempt to establish game of Understanding between the Department of Forest: Now, therefore, be it buffer zones around Denali National Park Fish and Game and the National Park Serv- Resolved, That the Alaska State Legisla- and Preserve; and ice, the parties agreed to ‘‘consider carefully ture respectfully urges the United States Whereas, during the past two decades, the the impact on the State of Alaska of pro- Congress to act on the governor’s request to National Park Service has repeatedly ex- posed treaties or international agreements negotiate state land entitlements under sec. panded the size of the area identified as relating to fish and wildlife resources which 6 of the Alaska Statehood Act (P.L. 85–508, 72 Beringia; and could diminish the jurisdictional authority Stat. 339) or work to amend the Alaska Whereas the National Park Service man- of the State, and to consult freely with the Statehood Act for the purpose of acquiring ages the Shared Beringian Heritage Program State when such treaties or agreements have forested land in the Tongass National For- and seeks to foster mutual understanding a significant impact on the State’’: Now, est; and be it further and cooperation between the United States therefore, be it Resolved, That, if the United States Con- and Russia and between the indigenous peo- Resolved, That the Alaska State Legisla- gress fails to convey forested land in the ples of Western Alaska and the Russian Far ture asserts that any international Memo- Tongass National Forest either by negoti- East by promoting cultural exchange, sup- randum of Understanding or other action to ating state land entitlements under the porting subsistence opportunities, and work- designate land or water in the state as an Alaska Statehood Act (P.L. 85–508, 72 Stat. ing toward an international designation for international park, world heritage site, bio- 339) or by amending the Alaska Statehood the land and water in the area identified as sphere reserve, Ramsar site, or classification Act, the Alaska State Legislature urges the Beringia; and of land or water that affects the proper use governor to negotiate the purchase of for- Whereas, for many years, the National of the land or water by the state or an Alas- ested land in the Tongass National Forest Park Service has pursued a program to es- ka Native corporation should require ap- from the federal government. tablish a Beringia International Park that proval by Acts of the Alaska State Legisla- Copies of this resolution shall be sent to potentially could evolve into a world herit- ture and the United States Congress before the Honorable Barack Obama, President of age site or a marine biosphere reserve and taking effect; and be it further the United States; the Honorable Joseph R. would include land and water in Alaska and Resolved, That the Alaska State Legisla- Biden, Jr., Vice-President of the United the Russian Ear East; and ture requests that the United States Depart- States and President of the U.S. Senate; the Whereas officials of the United States De- ment of State and the United States Depart- Honorable Sally Jewell, United States Sec- partment of State and the National Park ment of the Interior cease all further action retary of the Interior; the Honorable Tom Service have traveled throughout Russia and to establish an international designation of Vilsack, United States Secretary of Agri- spoken before the Russian Duma in Moscow; land or water in the state until the United culture; the Honorable Lisa Murkowski and and States Congress and the Alaska State Legis- the Honorable Mark Begich, U.S. Senators, Whereas the international designations lature approve; and be it further and the Honorable Don Young, U.S. Rep- contemplated by the National Park Service Resolved, That the Alaska State Legisla- resentative, members of the Alaska delega- for the areas included in Beringia are an in- ture respectfully requests that the United tion in Congress; and the Honorable Sean vitation and another means for United States Congress enact a law that requires Parnell, Governor of Alaska. States and foreign environmental non- Congressional approval of any international governmental organizations to oppose re- designation that affects the use of land or POM–354. A joint resolution adopted by the source development on public and Alaska water by the state or the United States; and Legislature of the State of Alaska urging the Native land and water in the state; and be it further

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.015 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6200 CONGRESSIONAL RECORD — SENATE November 20, 2014 Resolved, That the Alaska State Legisla- states 50 percent of revenue from mineral the United States; the Honorable Joseph R. ture requests that, if the United States De- production on federal land within each Biden, Jr., Vice-President of the United partment of State or the United States De- state’s boundaries; and States and President of the U.S. Senate; the partment of the Interior nevertheless pur- Whereas, under the Outer Continental Honorable Sally Jewell, United States Sec- sues or proposes the designation of land or Shelf Lands Act, the federal government rec- retary of the Interior; the Honorable John water as an international park, world herit- ognizes the effect oil and gas development in Boehner, Speaker of the U.S. House of Rep- age site, biosphere reserve, Ramsar site, or federal near-shore areas has on states by resentatives; the Honorable Eric Cantor, Ma- classification of land or water that affects sharing with those states 27 percent of rev- jority Leader of the U.S. House of Represent- the proper use of the land or water by the enue collected from federal oil and gas leases atives; the Honorable Nancy Pelosi, Minority state or an Alaska Native corporation, the within three miles of the states’ coastlines; Leader of the U.S. House of Representatives; governor be actively involved in the process and the Honorable Harry Reid, Majority Leader and development of any joint action plan; Whereas, under the Gulf of Mexico Energy of the U.S. Senate; the Honorable Mitch and be it further Security Act of 2006, the federal government McConnell, Minority Leader of the U.S. Sen- Resolved, That the Alaska State Legisla- recognizes the effect that oil and gas devel- ate; the Honorable Mary Landrieu, Chair of ture requests that the state, including the opment in federal offshore areas has on the the U.S. Senate Committee on Energy and departments responsible for the management states of Alabama, Louisiana, Mississippi, Natural Resources; the Honorable Lisa Mur- of fish and wildlife and other natural re- and Texas, and recognizes the contributions kowski and the Honorable Mark Begich, U.S. sources, be an integral if not primary part of to national energy, security, and economic Senators, and the Honorable Don Young, any discussion, agreement, understanding, or interests made by sharing with those states U.S. Representative, members of the Alaska other process or document that affects the 37.5 percent of revenue from federal oil and delegation in Congress; and all other mem- use or development of fish and wildlife and gas leases in outer continental shelf areas bers of the 113th United States Congress. other natural resources in the state; and be adjacent to each state; and it further Whereas the federal government fails to POM–356. A joint resolution adopted by the Resolved, That the Alaska State Legisla- recognize the same effects on and contribu- Legislature of the State of Alaska urging the ture urges the governor and the attorney tions made by other oil and gas producing President of the United States and the general to reserve all legal remedies, includ- states adjacent to federal outer continental United States Congress to repeal the excise ing the recovery of damages, for a taking of shelf areas, including this state and Cali- tax on medical devices; to the Committee on the natural resources of the state in viola- fornia; and Finance. tion of the Alaska Statehood Compact, Whereas the Alaska outer continental shelf HOUSE JOINT RESOLUTION 20 region encompasses the Beaufort, Chukchi, should a designation of land and water in the Whereas a new federal excise tax of 2.3 per- and Bering seas, Cook Inlet, and the Gulf of state as an international park, world herit- cent on the sale of taxable medical devices Alaska, includes over 1,000,000,000 acres, and age site, biosphere reserve, Ramsar site, or by manufacturers, producers, and importers contains more than 6,000 miles of coastline, other classification hamper the use or devel- of those devices took effect January 1, 2013; which is more coastline than the rest of the opment of the natural resources of the state. and Copies of this resolution shall be sent to United States combined; and Whereas the medical device tax is imposed the Honorable Barack Obama, President of Whereas there are presently 607 active oil on United States sales, rather than profits, the United States; the Honorable Joseph R. and gas leases and more than 3,300,000 acres of medical device manufacturers, producers, Biden, Jr., Vice-President of the United of leased land in the Alaska outer shelf con- and importers and will be particularly dam- States and President of the U.S. Senate; the tinental region; and aging to innovative start-up companies; and Honorable John F. Kerry, United States Sec- Whereas federal government grants do not Whereas the medical device tax was pro- retary of State; the Honorable Sally Jewell, adequately address the need for additional jected to raise $20,000,000,000, but that esti- United States Secretary of the Interior; the investment in slate infrastructure or the in- mate has risen to over $30,000,000,000; and Honorable Jonathan B. Jarvis, director of creased demands on state and local govern- Whereas the medical device tax will sub- the National Park Service, United States De- ment resources resulting from outer conti- stantially increase the cost of health care partment of the Interior; the Honorable John nental shelf development, especially in this and takes direct aim at American innovation Boehner, Speaker of the U.S. House of Rep- state, which has more coastline, more rural by punishing the researchers and manufac- resentatives; the Honorable Nancy Pelosi, communities, and less infrastructure than turers of devices such as heart stents, pace- Minority Leader of the U.S. House of Rep- any other state; and makers, patient monitors, artificial hips, resentatives; the Honorable Harry Reid, Ma- Whereas outer continental shelf revenue limbs, and hearts, and a multitude of other jority Leader of the U.S. Senate; the Honor- sharing would allow states to build infra- medical devices; and able Mitch McConnell, Minority Leader of structure such as marine ports, airports, Whereas thousands of layoffs in the United the U.S. Senate; the Honorable Mary Lan- utilities, and housing, and increase state States have already occurred because of the drieu, Chair of the Energy and Natural Re- services, such as oil spill and emergency re- medical device tax; and sources Committee of the U.S. Senate; the sponse and environmental monitoring and Whereas the medical device tax threatens Honorable Sean Parnell, Governor of Alaska; mitigation, which would likely lead to ex- regional economic vitality, badly needed the Honorable Michael C. Geraghty, Alaska panded, safer exploration and development jobs, and patients’ hopes for new, life-saving Attorney General; the Honorable Lisa Mur- activity and increase overall revenue to the products and treatments; and kowski and the Honorable Mark Begich, U.S. federal government; and Whereas the repeal of the medical device Whereas additional state infrastructure Senators, and the Honorable Don Young, tax has strong bipartisan support: Now, and increased availability of state and local U.S. Representative, members of the Alaska therefore, be it government resources would likely increase delegation in Congress; and all other mem- Resolved, That the Alaska State Legisla- interest in and bids during future federal bers of the 113th United States Congress. ture urges the President of the United States outer continental shelf oil and gas lease and the United States Congress to repeal the POM–355. A joint resolution adopted by the sales, which have generated over excise tax on medical devices. Copies of this resolution shall be sent to Legislature of the State of Alaska urging the $2,750,000,000 in revenue for the federal gov- the Honorable Barack Obama, President of United States Congress to provide a means ernment in the Alaska outer continental the United States; the Honorable Joseph R. for consistently and equitably sharing with shelf region alone since 2005; and Whereas outer continental shelf revenue Biden, Jr., Vice-President of the United all oil and gas producing states adjacent to sharing could provide a stable funding source States and President of the U.S. Senate; the federal outer continental shelf areas a por- for and help fulfill the mission of the Land Honorable John Boehner, Speaker of the U.S. tion of revenue generated from outer conti- and Water Conservation Fund, a national House of Representatives; the Honorable nental shelf oil and gas development on the fund created to safeguard natural areas, Nancy Pelosi, Minority Leader of the U.S. outer continental shelf to ensure that those water resources, and cultural heritage and to House of Representatives; the Honorable states develop necessary infrastructure to provide recreation opportunities: Now, there- Harry Reid, Majority Leader of the U.S. Sen- support outer continental shelf development fore, be it ate; the Honorable Mitch McConnell, Minor- and preserve environmental integrity; to the Resolved, That the Alaska State Legisla- ity Leader of the U.S. Senate; and the Hon- Committee on Energy and Natural Re- ture urges the United States Congress to orable Lisa Murkowski and the Honorable sources. provide a means for consistently and equi- Mark Begich, U.S. Senators, and the Honor- HOUSE JOINT RESOLUTION 26 tably sharing with all oil and gas producing able Don Young, U.S. Representative, mem- Whereas oil and gas development in federal states adjacent to federal outer continental bers of the Alaska delegation in Congress. areas, both onshore and offshore, requires shelf areas a portion of revenue generated additional investment in state infrastructure from outer continental shelf oil and gas pro- POM–357. A joint resolution adopted by the and increases demand on state and local gov- duction to ensure the states develop nec- Legislature of the State of Alaska memori- ernment resources; and essary infrastructure to support outer conti- alizing support for the strategic rec- Whereas, under the Mineral Lands Leasing nental shelf development and preserve envi- ommendation of the January 30, 2014, pre- Act of 1920, the federal government recog- ronmental integrity. liminary report of the Alaska Arctic Policy nizes the effects of oil and gas development Copies of this resolution shall be sent to Commission to ‘‘continue to pursue, and ac- in federal onshore areas by sharing with the the Honorable Barack Obama, President of tively expand, all avenues of participation in

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.016 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 20, 2014 CONGRESSIONAL RECORD — SENATE S6201 the Arctic Council, including involvement in the United States; the Honorable Joseph R. and practice of all individuals such as Chris- working groups and by building partnerships Biden, Jr., Vice-President of the United tians, Yazidis, and Mandean Sabeans’’; with permanent participants’’; to the Com- States and President of the U.S. Senate; the Whereas, President Barack Obama recently mittee on Foreign Relations. Honorable John F. Kerry, United States Sec- declared on Religious Freedom Day, ‘‘Fore- HOUSE JOINT RESOLUTION 24 retary of State; the Honorable Robert most among the rights Americans hold sa- Whereas, by its very existence, the state Menendez, Chair of the U.S. Senate Com- cred is the freedom to worship as we choose enables the United States to be an Arctic na- mittee on Foreign Relations; the Honorable . . . [W]e also remember that religious lib- tion; and Bob Corker, ranking member, U.S. Senate erty is not just an American right; it is a Whereas, in April 2012, the Alaska State Committee on Foreign Relations; Admiral universal human right to be protected here Legislature established the Alaska Arctic Robert J. Papp, Jr., Commandant of the at home and across the globe. This freedom Policy Commission to ‘‘develop an Arctic United States Coast Guard; the Honorable is an essential part of human dignity, and policy for the state and produce a strategy Sally Jewell, United States Secretary of the without it our world cannot know lasting for the implementation of an Arctic policy’’; Interior; the Honorable Fran Ulmer, Chair, peace’’; and Whereas, the atrocities being committed and U.S. Arctic Research Commission; the Hon- Whereas the Alaska Arctic Policy Commis- orable Kathryn D. Sullivan, Ph.D., Undersec- against Christians and other ethnic and reli- sion has been working with the National retary of Commerce for Oceans and Atmos- gious minority communities in Iraq are un- Strategy for the Arctic Region Task Force phere and National Oceanic and Atmospheric conscionable and represent a crime against on how to best craft an Arctic policy that Administration Administrator, U.S. Depart- humanity: Therefore be it Resolved, That the Senate of the Common- benefits and creates opportunity for the ment of Commerce; the Honorable John Paul wealth of Pennsylvania urge the President state and the entire United States; and Holdren, Director, White House Office of Whereas the Arctic resources of the state Science and Technology Policy; the Honor- and the Congress of the United States to are immense and, with responsible develop- able Kerri-Ann Jones, Assistant Secretary, publicly denounce the crimes against hu- ment, could contribute significantly to the Bureau of Oceans and International Environ- manity occurring in Iraq and to take pru- economy of the United States and to the en- mental and Scientific Affairs, U.S. Depart- dent action to protect Iraqi Christians and tire pan-Arctic region; and ment of State; Alice Hill, Senior Counselor other religious minorities from persecution Whereas the Bering Strait serves as the to the Secretary, U.S. Department of Home- from the Islamic State of Iraq and the Le- gateway to the Arctic for the marine traffic land Security; and the Honorable Lisa Mur- vant; and of the United States and other nations be- kowski and the Honorable Mark Begich, U.S. Resolved, That the President and Congress tween the Pacific Ocean and the Arctic; and Senators, and the Honorable Don Young, urge the Government of Iraq to take imme- Whereas the marine traffic through the U.S. Representative, members of the Alaska diate steps to protect the safety and con- Bering Strait choke point has been increas- delegation in Congress. stitutional rights of all Iraqi citizens; and ing; and Resolved, That the President and Congress Whereas the Arctic Council is the intergov- POM–358. A resolution adopted by the Sen- work with the Government of Iraq to bring ernmental forum in which all eight Arctic ate of the Commonwealth of Pennsylvania Islamic State militants to justice before an nations participate; and uring the President and Congress of the international forum for war crimes and Whereas the Arctic Council includes six United States to urge the Government of crimes against humanity; be it further Resolved, That copies of this resolution be Arctic indigenous communities, four of Iraq to take immediate steps to protect the transmitted to the President of the United which are resident in the state, and six per- safety and constitutional rights of all Iraqi States, to the presiding officers of each manent working groups, each of which di- citizens; to the Committee on Foreign Rela- house of Congress and to each member of rectly affects the state; and tions. Whereas Canada is the current chair of the Congress from Pennsylvania. SENATE RESOLUTION NO. 430 Arctic Council, and the United States will be the chair from May 2015 until 2017; and Whereas, Iraq is currently embroiled in a POM–359. A joint resolution adopted by the Whereas the United States should seek surge of violence arising from an Islamic Legislature of the State of Alaska opposing local and scientific expertise from the state State in Iraq and the Levant (ISIL) led offen- the warrantless collection of telephone call to inform the nation’s input at the Arctic sive that began in the Anbar province, has data by the National Security Agency; to the Council; and spread to key locations such as Mosul, Tikrit Committee on the Judiciary. Whereas, in December 2012, the Governor and Samarra and continues to engulf the re- SENATE JOINT RESOLUTION 22 proposed to the United States Department of gion in violence and instability; and Whereas the Fourth Amendment to the State four priorities for consideration while Whereas, on June 29, 2014, ISIL leader Abu Constitution of the United States provides the United States is chair of the Arctic Bakr al-Baghdadi renamed the group the Is- ‘‘The right of the people to be secure in their Council; and lamic State and pronounced himself caliph persons, houses, papers, and effects, against Whereas it is important for the priorities of a new Islamic Caliphate encompassing the unreasonable searches and seizures, shall not of the state and the United States to be in areas under his control; and be violated, and no warrants shall issue, but alignment while the United States holds the Whereas, Mr. al-Baghdadi has a stated mis- upon probable cause, supported by oath or position of chair of the Arctic Council; and sion of spreading the Islamic State and ca- affirmation, and particularly describing the Whereas, when the United States ascends liphate across the region through violence place to be searched, and the persons or to chair of the Arctic Council in 2015, the against Shiites, non-Muslims and things to be seized’’; and United States Department of State will ap- unsupportive Sunnis; and Whereas the Fifth Amendment to the Con- point one individual as chair of the Arctic Whereas, upon taking control over north- stitution of the United States provides ‘‘No Council: Now, therefore, be it western Iraq and Syria, ISIL issued a warn- person shall . . . be deprived of life, liberty, Resolved, That the Alaska State Legisla- ing to Christians living under its jurisdiction or property, without due process of law’’; and ture urges the United States Department of to convert to Islam, to pay a burdensome re- Whereas, on December 16, 2013, United State to consider the priorities of the state ligious tax or to be executed; and States District Court Judge Richard Leon while it holds the position of chair of the Whereas, over 1,000,000 people have been ruled that the National Security Agency’s Arctic Council, including the priorities of displaced by violence in Iraq and reports program, bulk collection, and querying of the Governor, creating jobs and economic op- have surfaced of targeted harassment, perse- telephone record in metadata are likely un- portunity for Arctic residents, preventing cution and killings of Iraqi religious minori- constitutional; and suicide, developing safe and sustainable sani- ties by the Islamic State with little to no Whereas the legislature objects to the tation facilities for small, isolated Arctic protection from the Government of Iraq and dragnet approach to data collection allowed communities, and securing safe and reliable other security forces; and by the Foreign Intelligence Surveillance shipping; and be it further: Whereas, reports indicate that Islamic Court, a court that operates in secret and, Resolved, That the Alaska State Legisla- State militants have been marking homes of under sec. 215 of the USA PATRIOT Act, ture requests that the United States Depart- Christians with the Arabic letter ‘‘N,’’ for issues orders that perpetuate the warrantless ment of State work in partnership with state ‘‘Nazara’’ (Christian), beheading children and collection of data of nearly all Americans; officials to appoint a chair of the Arctic crucifying captives. ISIL’s actions are a and Council; and be it further crime against humanity and nothing more Whereas the National Security Agency Resolved, That the Alaska State Legisla- than genocide or ethnic cleansing against re- stores the date and time of calls, their dura- ture supports the strategic recommendation ligious minority groups; and tion, and the participating telephone num- of the January 30, 2014, preliminary report of Whereas, the Iraqi constitution provides bers of the calls of nearly all Americans in a the Alaska Arctic Policy Commission to for religious freedom by stating: centralized database, which allows National ‘‘continue to pursue, and actively expand, all (1) ‘‘no law may be enacted that con- Security Agency analysts to access not only avenues of participation in the Arctic Coun- tradicts the principles of democracy’’; those numbers, but the numbers with which cil, including involvement in working groups (2) ‘‘no law may be enacted that con- the numbers have been in contact, and, in and by building partnerships with permanent tradicts the rights and basic freedom stipu- turn, the numbers in contact with those participants.’’ lated in this Constitution’’; and numbers; and Copies of this resolution shall be sent to (3) ‘‘[This Constitution] guarantees the full Whereas the Privacy and Civil Liberties the Honorable Barack Obama, President of religious rights to freedom of religious belief Oversight Board, in its January 2014 report

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.029 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6202 CONGRESSIONAL RECORD — SENATE November 20, 2014 titled ‘‘Report on the Telephone Records Fifth Amendments to the Constitution of the Federal Bureau of Investigation; and the Program Conducted under Section 215 of the United States; and be it further Honorable Lisa Murkowski and the Honor- USA PATRIOT Act and on the Operations of Resolved, That the Alaska State Legisla- able Mark Begich, U.S. Senators, and the the Foreign Intelligence Surveillance ture urges the federal government to elimi- Honorable Don Young, U.S. Representative, Court,’’ questions the legal basis for the Na- nate all stored metadata upon ending the members of the Alaska delegation in Con- tional Security Agency’s mass telephone call mass telephone call data collection program; gress. data collection program; and and be it further Whereas, when telephone call data of Resolved, That the Alaska State Legisla- POM–360. Urging the United States Con- Americans is collected by the National Secu- ture urges the United States Congress to au- gress to restore the presumption of a service rity Agency, that data is not related to spe- thorize the creation of a panel of private sec- connection for Agent Orange exposure to cific investigations of the Federal Bureau of tor lawyers to serve as advocates for the United States Veterans who served in the Investigation; and public before the Foreign Intelligence Sur- waters defined by and in the airspace over Whereas orders issued by the Foreign In- veillance Court to increase public knowledge the combat zone in Vietnam, and urging the telligence Surveillance Court at the request and oversight; and be it further United States Congress to pass the Toxic Ex- of the federal government require telephone Resolved, That the Alaska State Legisla- posure Research and Military Family Sup- companies to provide new calling records on ture urges judges of the Foreign Intelligence port Act of 2013 and to establish a national a daily basis, a Mandate not grounded in Surveillance Court to write opinions in a center for the diagnosis, treatment, and re- statute; and manner that allows the government to de- search of health conditions of descendants of Whereas sec. 215 of the USA PATRIOT Act classify and release the opinions to the pub- veterans exposed to toxic substances; to the is designed to enable the Federal Bureau of lic; and be it further Committee on Veterans’ Affairs. Investigation to obtain records in the course Resolved, That the Alaska State Legisla- HOUSE JOINT RESOLUTION 25 of investigations, but the National Security ture urges the Foreign Intelligence Surveil- Agency’s mass collection of the records is lance Court to work to declassify past opin- Whereas, during the Vietnam War, the not consistent with that design; and ions and release those opinions to the public; United States military sprayed over Whereas the Electronic Communications and be it further 19,000,000 gallons of Agent Orange and other Privacy Act of 1986 prohibits telephone com- Resolved, That the Alaska State Legisla- herbicides over Vietnam to reduce forest panies from sharing consumer data with the ture requests the United States Attorney cover and crops used by the enemy; those government except in special circumstances, General and members of the intelligence and herbicides contained dioxin, which has since and the Privacy and Civil Liberties Over- judiciary committees of the United States been identified as carcinogenic and has been sight Board concluded that the National Se- Congress to inform the Alaska State Legisla- linked with numerous serious and disabling curity Agency’s telephone call data collec- ture of the federal government’s activities diseases affecting thousands of veterans; and tion program may violate the Act; and under the Foreign Intelligence Surveillance Whereas the United States Congress passed Whereas the Privacy and Civil Liberties Act and provide the Alaska State Legisla- the Agent Orange Act of 1991 to address the Oversight Board found that the National Se- ture with copies of reports submitted under plight of veterans exposed to herbicides curity Agency’s telephone call data collec- the Foreign Intelligence Surveillance Act; while serving in the Republic of Vietnam; tion program has not prevented, discovered, and be it further the Act amended Title 38 of the United or identified terrorist attacks, plots, or sus- Resolved, That the Alaska State Legisla- States Code presumptively to recognize as pects that threatened the security of the ture urges the Governor to prohibit the use service-connected certain diseases among United States; and of state personnel and resources to assist the military personnel who served in Vietnam Whereas the widespread collection of tele- National Security Agency in its collection of between 1962 and 1975; that presumption has phone call data of Americans reveals highly mass data on Alaskans without a specific provided access to appropriate disability sensitive personal information; and search warrant; and be it further compensation and medical care for Vietnam Whereas the legislature resolutely opposes Resolved, That the Alaska State Legisla- veterans diagnosed with illnesses such as the continuation of the National Security ture considers the National Security Agen- Type II diabetes, Hodgkin’s disease, non- Agency’s warrantless data collection pro- cy’s unilateral collection of the telephone Hodgkin’s lymphoma, prostate cancer, Par- gram; and call data of all Americans a violation of stat- kinson’s disease, multiple myeloma, periph- Whereas the legislature views the National ute, an unconstitutional program, and a eral neuropathy, AL Amyloidosis respiratory Security Agency’s storage in a central data- troubling overreach by the federal govern- cancers, and soft tissue sarcomas, and others base of the telephone call metadata of all ment; the Alaska State Legislature has yet to be identified; and Americans as all unconstitutional practice sworn to uphold both the Constitution of the Whereas, under a 2001 directive, the United that should be immediately suspended; and United States and the Constitution of the States Department of Veterans Affairs has Whereas the history of government coer- State of Alaska and will not assist the fed- denied the presumption of a service connec- cion, persecution, and abuse of personal in- eral government by facilitating programs tion for herbicide-related illnesses to Viet- formation and human life in the twentieth that are tyrannical in nature, that subject nam veterans who cannot furnish written century prompts the legislature to seek to Americans to unreasonable and unwarranted documentation that they had ‘‘boots on the protect the liberty of future generations searches, and that violate the fundamental ground’’ in-country, making it virtually im- from an oppressive and tyrannical federal principle of liberty; let this resolution serve possible for countless United States Navy, government; and as a notice to this Administration and all fu- Marine, and Air Force veterans to pursue Whereas the fundamental rights of Ameri- ture Administrations that Alaskans reject their claims for benefits; moreover, per- cans to speak freely and associate with oth- surrendering their liberty in the name of an sonnel who served on ships in the ‘‘Blue ers are threatened and are likely being di- unconstitutional program. Water Navy’’ in Vietnamese territorial minished by the National Security Agency’s Copies of this resolution shall be sent to waters were, in fact, exposed to dangerous mass collection of telephone call data; and the Honorable Barack Obama, President of airborne toxins, which not only drifted off- Whereas the National Security Agency’s the United States; the Honorable Joseph R. shore but washed into streams and rivers mass collection of telephone call data may Biden, Jr., Vice-President of the United draining into the South China Sea; and intimidate or chill the freedom of expression States and President of the U.S. Senate; the Whereas the United States Navy has been of individuals and groups that disagree with Honorable John Boehner, Speaker of the U.S. excluded from coverage under the Agent Or- certain government policies or result in ex- House of Representatives; the Honorable ange Act of 1991 although Agent Orange has treme scrutiny of those persons simply for Harry Reid, Majority Leader of the U.S. Sen- been verified, through various studies and re- opposing those policies; and ate; the Honorable Patrick J. Leahy, Presi- ports, to be a wide-spreading chemical that Whereas the Foreign Intelligence Surveil- dent pro tempore of the U.S. Senate; the was able to reach Navy ships through the air lance Court has deviated from its purpose to Honorable Dianne Feinstein, Chair, U.S. Sen- and through waterborne distribution routes; authorize warrants for electronic surveil- ate Select Committee on Intelligence; the and lance relating only to a specific person, a Honorable Saxby Chambliss, Vice Chair, U.S. Whereas warships positioned off the Viet- specific place, or a specific communications Senate Select Committee on Intelligence; namese coast routinely distilled seawater to account or device; and the Honorable Mike Rogers, Chair, U.S. obtain potable water; a 2002 Australian study Whereas the Foreign Intelligence Surveil- House of Representatives Permanent Select found that the distillation process, rather lance Court operates in a secretive manner Committee on Intelligence; the Honorable C. than removing toxins, in fact concentrated that prevents the court from hearing public A. Dutch Ruppersburger, Ranking Member, dioxin in water used for drinking, cooking, input regarding government requests to con- U.S. House of Representatives Permanent and washing; the Australian Department of duct surveillance: Now, therefore, be it Select Committee on Intelligence; the Hon- Veterans Affairs conducted that study after Resolved, That the Alaska State Legisla- orable Jeh Johnson, United States Secretary it found that Vietnam veterans of the Royal ture urges the federal government to end the of Homeland Security; the Honorable Sean Australian Navy had a higher rate of mor- mass telephone call data collection program Parnell, Governor of Alaska; General Keith tality from diseases associated with Agent conducted under sec. 215 of the USA PA- B. Alexander, United States Army, Director, Orange than did Vietnam veterans of other TRIOT Act, because of its lack of a statutory National Security Agency; Richard H. branches of the military; and foundation and because it raises serious con- Ledgett, Jr., Deputy Director, National Se- Whereas the United States Centers for Dis- stitutional concerns under the Fourth and curity Agency; James B. Comey, Director, ease Control and Prevention found a higher

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.050 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 20, 2014 CONGRESSIONAL RECORD — SENATE S6203 risk of specific cancers among United States POM–361. A joint resolution adopted by the and rewrite those policies so that the viola- Navy veterans than among veterans of other Legislature of the State of Alaska con- tions of veterans’ rights described in this branches of the military; and demning the actions of the Veterans Health resolution do not occur again; and be it fur- Whereas herbicides containing dioxin did Administration officials that prohibited reli- ther not discriminate between soldiers on the gious holiday messages, music, and gifts Resolved, That the Alaska State Legisla- ground and sailors on ships offshore; and from being conveyed to veterans at Veterans ture finds it very troubling that the estab- Whereas Representative Christopher Gib- Health Administration facilities and re- lished policies and procedures of the United son and 168 cosponsors, including Represent- questing that the United States Secretary of States Secretary of Veterans Affairs on holi- ative Don Young, introduced the Blue Water Veterans Affairs ensure that the violations day practices at the Veterans Health Admin- Navy Vietnam Veterans Act of 2013; and of veterans’ rights described in this resolu- istration facilities are apparently being ig- Whereas more than 30 veterans service or- tion do not occur again; to the Committee on nored and respectfully requests that the ganizations support the Blue Water Navy Veterans’ Affairs. United States Secretary of Veterans Affairs Vietnam Veterans Act of 2013; and review the present established policies on Whereas, by not passing the Blue Water SENATE JOINT RESOLUTION 24 holiday practices at Veterans Health Admin- Navy Vietnam Veterans Act of 2013, a prece- Whereas, in December 2013, federal Vet- istration facilities and train personnel on dent could be set selectively to provide cer- erans Health Administration facilities in those policies so that the apparent violations tain groups with injury-related medical care Texas, Georgia, Iowa, and Alabama violated of veterans’ rights described in this resolu- while denying that care to other groups, the religious freedom rights of convalescing tion do not occur again; and be it further without any financial, scientific, or con- veterans in their care; and Resolved, That the Alaska State Legisla- sistent reasoning; and Whereas a Veterans Health Administration ture respectfully requests that the United Whereas, when the Agent Orange Act of hospital in Dallas, Texas, did not distribute States Secretary of Veterans Affairs provide 1991 passed with no dissenting votes, con- to the veterans in its care holiday cards that each member of the Alaska State Legisla- gressional leaders stressed the importance of used certain language, including ‘‘Merry ture with a written assurance that the ac- responding to the health concerns of Viet- Christmas’’ and ‘‘God bless you’’; and tions of the Veterans Health Administration nam veterans and ending the bitterness and Whereas a Veterans Health Administration officials described in this resolution do not anxiety that had surrounded the issue of her- hospital in Augusta, Georgia, denied Christ- reflect the policies on holiday practices at bicide exposure; the federal government has mas carolers from the local high school the Veterans Health Administration facilities. also demonstrated its awareness of the haz- opportunity to sing in public areas of the Copies of this resolution shall be sent to ards of Agent Orange exposure through its hospital; and the Honorable Barack Obama, President of involvement in the identification, contain- Whereas two other Veterans Health Ad- the United States; the Honorable Joseph R. ment, and mitigation of dioxin ‘‘hot spots’’ ministration facilities in Iowa and Alabama Biden, Jr., Vice-President of the United in Vietnam; and prohibited the distribution of Christmas States and President of the U.S. Senate; the Whereas the United States Congress should gifts and Christmas gift bags; and Honorable John Boehner, Speaker of the U.S. reaffirm the nation’s commitment to the Whereas a Veterans Health Administration House of Representatives; the Honorable well-being of all of its veterans and direct official cited the policy of the Veterans Nancy Pelosi, Minority Leader of the U.S. the United States Department of Veterans Health Administration for the nondistribu- House of Representatives; the Honorable Affairs to administer the Agent Orange Act tion of the holiday cards; and Harry Reid, Majority Leader of the U.S. Sen- of 1991 under the presumption that herbicide Whereas the Veterans Health Administra- ate; the Honorable Mitch McConnell, Minor- exposure in the Republic of Vietnam in- tion official stated that, in order to respect ity Leader of the U.S. Senate; the Honorable cluded inland waterways, offshore waters, veterans religious beliefs, all donated holi- Bernie Sanders, Chair, U.S. Senate Com- and airspace, encompassing the entire com- day cards are reviewed by a multidisci- mittee on Veterans’ Affairs; the Honorable bat zone; and plinary team of staff led by the chaplaincy Whereas S. 1602 was introduced in the Richard Burr, Ranking Member, U.S. Senate services to determine whether the cards are United States Senate on October 29, 2013, by Committee on Veterans’ Affairs; the Honor- appropriate and can be freely distributed to Senator Richard Blumenthal; and able Eric K. Shinseki, United States Sec- Whereas S. 1602 would establish a national patients; and Whereas the Veterans Health Administra- retary of Veterans Affairs; Verdie Bowen, Di- center for the diagnosis, treatment, and re- rector, Office of Veterans Affairs, Alaska De- search of health conditions of descendants of tion official stated that the process for re- viewing holiday cards was not fully ex- partment of Military and Veterans’ Affairs; veterans exposed to toxic substances during Susan Yeager, Director, Alaska VA service in the armed forces of the United plained to the particular group involved and apologized for any misunderstanding; and Healthcare System; the Honorable Lisa Mur- States, provide services to those descend- kowski and the Honorable Mark Begich, U.S. ants, and establish an advisory board on ex- Whereas the officials at the Veterans Health Administration facilities described in Senators, and the Honorable Don Young, posure to toxic substances: Now, therefore, U.S. Representative, members of the Alaska be it this resolution ignored the policies estab- lished by the United States Secretary of Vet- delegation in Congress; and all other mem- Resolved, That the Alaska State Legisla- bers of the 113th United States Congress. ture urges the United States Congress to re- erans Affairs regarding holiday practices at the facilities; and store the presumption of a service connec- POM–362. A joint resolution adopted by the tion for Agent Orange exposure to United Whereas those holiday cards, gifts, and presentations came from caring citizens, in- Legislature of the State of Alaska con- States Veterans who served in the waters de- demning the actions of the Veterans Health fined by the combat zone and in the airspace cluding young children, who took the time to recognize the heroic actions of men and Administration officials that prohibited reli- over the combat zone; and be it further gious holiday messages, music, and gifts Resolved, That the Alaska State Legisla- women who have sacrificed so much in the from being conveyed to veterans at Veterans ture urges the United States Congress to service of their country in times of both Health Administration facilities and re- pass S. 1602, the Toxic Exposure Research peace and war; and questing that the United States Secretary of and Military Family Support Act of 2013, and Whereas, although Christmas Day has ori- Veterans Affairs ensure that the violations to establish a national center for the diag- gins in religious beliefs, it is recognized as a of veterans rights described in this resolu- nosis, treatment, and research of health con- civic holiday for federal employees; and tion do not occur again; to the Committee on ditions of descendants of veterans exposed to Whereas the Veterans Health Administra- Veterans’ Affairs. toxic substances. tion violates the right to religious freedom Copies of this resolution shall be sent to of the veterans in its care by not allowing SENATE JOINT RESOLUTION 24 the Honorable Barak Obama, President of them to receive certain holiday cards and Whereas, in December 2013, federal Vet- the United States; the Honorable Joseph R. gifts and to attend certain presentations: erans Health Administration facilities in Biden, Jr., Vice-President of the United Now, therefore, be it Texas, Georgia, Iowa, and Alabama violated States and President of the U.S. Senate; the Resolved, That the Alaska State Legisla- the religious freedom rights of convalescing Honorable John Boehner, Speaker of the U.S. ture condemns the actions of the Veterans veterans in their care; and House of Representatives; the Honorable Health Administration officials that prohib- Whereas a Veterans Health Administration Harry Reid, Majority Leader of the U.S. Sen- ited religious holiday messages, music, and hospital in Dallas, Texas, did not distribute ate; the Honorable Mitch McConnell, Minor- gifts from being conveyed to veterans at Vet- to the veterans in its care holiday cards that ity Leader of the U.S. Senate; the Honorable erans Health Administration facilities and used certain language, including ‘‘Merry Bernie Sanders, Chair, U.S. Senate Com- respectfully requests that the United States Christmas’’ and ‘‘God bless you’’; and mittee on Veterans’ Affairs; the Honorable Secretary of Veterans Affairs ensure that Whereas a Veterans Health Administration Richard Burr, Ranking Member, U.S. Senate the violations of veterans’ rights described hospital in Augusta, Georgia, denied Christ- Committee on Veterans Affairs; the Honor- in this resolution do not occur again; and be mas carolers from the local high school the able Eric K. Shinseki, United States Sec- it further opportunity to sing in public areas of the retary of Veterans Affairs; and the Honor- Resolved, That the Alaska State Legisla- hospital; and able Lisa Murkowski and the Honorable ture respectfully requests that the United Whereas two other Veterans Health Ad- Mark Begich, U.S. Senators, and the Honor- States Secretary of Veterans Affairs recon- ministration facilities in Iowa and Alabama able Don Young, U.S. Representative, mem- sider the policies on holiday practices at prohibited the distribution of Christmas bers of the Alaska delegation in Congress. Veterans Health Administration facilities gifts and Christmas gift bags; and

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.051 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6204 CONGRESSIONAL RECORD — SENATE November 20, 2014 Whereas a Veterans Health Administration House of Representatives; the Honorable INTRODUCTION OF BILLS AND official cited the policy of the Veterans Nancy Pelosi, Minority Leader of the U.S. JOINT RESOLUTIONS Health Administration for the nondistribu- House of Representatives; the Honorable tion of the holiday cards; and Harry Reid, Majority Leader of the U.S. Sen- The following bills and joint resolu- Whereas the Veterans Health Administra- ate; the Honorable Mitch McConnell, Minor- tions were introduced, read the first tion official stated that, in order to respect ity Leader of the U.S. Senate; the Honorable and second times by unanimous con- veterans’ religious beliefs, all donated holi- Bernie Sanders, Chair, U.S. Senate Com- sent, and referred as indicated: day cards are reviewed by a multidisci- mittee on Veterans’ Affairs; the Honorable By Mr. HEINRICH: plinary team of staff led by the chaplaincy Richard Burr, Ranking Member, U.S. Senate S. 2947. A bill to amend the Federal Power services to determine whether the cards are Committee on Veterans’ Affairs; the Honor- Act to clarify the authority of the Federal appropriate and can be freely distributed to able Eric K. Shinseki, United States Sec- Energy Regulatory Commission to prescribe patients; and retary of Veterans Affairs; Verdie Bowen, Di- just, reasonable, and not unduly discrimina- Whereas the Veterans Health Administra- rector, Office of Veterans Affairs, Alaska De- tory or preferential terms, conditions, and tion official stated that the process for re- partment of Military and Veterans’ Affairs; compensation applicable to wholesale de- viewing holiday cards was not fully ex- Susan Yeager, Director, Alaska VA mand response resource participation in or- plained to the particular group involved and Healthcare System; the Honorable Lisa Mur- ganized wholesale energy, capacity, and an- apologized for any misunderstanding; and kowski and the Honorable Mark Begich, U.S. Whereas the officials at the Veterans cillary service markets; to the Committee on Senators, and the Honorable Don Young, Energy and Natural Resources. Health Administration facilities described in U.S. Representative, members of the Alaska this resolution ignored the policies estab- By Mr. SANDERS: delegation in Congress; and all other mem- S. 2948. A bill to extend the requirement lished by the United States Secretary of Vet- bers of the 113th United States Congress. erans Affairs regarding holiday practices at that drug manufacturers that increase prices the facilities; and f faster than inflation pay an additional re- Whereas those holiday cards, gifts, and REPORTS OF COMMITTEES bate to State Medicaid programs to include presentations came from caring citizens, in- manufacturers of generic drugs; to the Com- cluding young children, who took the time The following reports of committees mittee on Finance. to recognize the heroic actions of men and were submitted: By Mr. THUNE (for himself, Mr. NEL- women who have sacrificed so much in the By Mr. LEAHY, from the Committee on SON, Mr. HELLER, Mrs. MCCASKILL, service of their country in times of both the Judiciary, without amendment: and Ms. KLOBUCHAR): peace and war; and H.R. 1447. A bill to encourage States to re- S. 2949. A bill to improve motor vehicle Whereas, although Christmas Day has ori- port to the Attorney General certain infor- safety by encouraging the sharing of certain gins in religious beliefs, it is recognized as a mation regarding the deaths of individuals in information; to the Committee on Com- civic holiday for federal employees; and the custody of law enforcement agencies, and merce, Science, and Transportation. Whereas the Veterans Health Administra- for other purposes. By Mr. MORAN: S. 2950. A bill to amend title 38, United tion violates the right to religious freedom By Mr. CARPER, from the Committee on States Code, to establish the Physician Am- of the veterans in its care by not allowing Homeland Security and Governmental Af- bassadors Helping Veterans program to seek them to receive certain holiday cards and fairs, with an amendment in the nature of a to employ physicians at the Department of gifts and to attend certain presentations: substitute and an amendment to the title: Veterans Affairs on a without compensation Now, therefore, be it S. 1744. A bill to strengthen the account- basis in practice areas and specialties with Resolved, That the Alaska State Legisla- ability of individuals involved in misconduct staffing shortages and long appointment ture condemns the actions of the Veterans affecting the integrity of background inves- waiting times; to the Committee on Vet- Health Administration officials that prohib- tigations, to update guidelines for security erans’ Affairs. ited religious holiday messages, music, and clearances, and for other purposes. By Mr. HELLER: gifts from being conveyed to veterans at Vet- By Mr. LEAHY, from the Committee on S. 2951. A bill to amend title 38, United erans Health Administration facilities and the Judiciary, with an amendment in the na- States Code, to ensure that the Secretary of respectfully requests that the United States ture of a substitute: Veterans Affairs is informed of the inter- Secretary of Veterans Affairs ensure that S. 2520. A bill to improve the Freedom of ment of deceased veterans, and for other pur- the violations of veterans’ rights described Information Act. in this resolution do not occur again; and be poses; to the Committee on Veterans’ Af- it further f fairs. Resolved, That the Alaska State Legisla- EXECUTIVE REPORTS OF By Mrs. MURRAY: ture respectfully requests that the United COMMITTEE S. 2952. A bill to establish the Commission States Secretary of Veterans Affairs recon- on Evidence-Based Policymaking, and for sider the policies on holiday practices at The following executive reports of other purposes; to the Committee on Home- Veterans Health Administration facilities nominations were submitted: land Security and Governmental Affairs. and rewrite those policies so that the viola- By Mr. LEAHY for the Committee on the By Mr. RUBIO (for himself, Mr. GRASS- tions of veterans’ rights described in this Judiciary. LEY, Mr. ROBERTS, Mr. THUNE, and resolution do not occur again; and be it fur- Jorge Luis Alonso, of Illinois, to be United Mr. KIRK): ther States District Judge for the Northern Dis- S. 2953. A bill to prohibit an alien who is a Resolved, That the Alaska State Legisla- trict of Illinois. national of a country with a widespread ture finds it very troubling that the estab- Haywood Stirling Gilliam, Jr., of Cali- Ebola virus outbreak from obtaining a visa lished policies and procedures of the United fornia, to be United States District Judge for and for other purposes; to the Committee on States Secretary of Veterans Affairs on holi- the Northern District of California. the Judiciary. day practices at the Veterans Health Admin- Amit Priyavadan Mehta, of the District of By Mr. HARKIN: istration facilities are apparently being ig- Columbia, to be United States District Judge S. 2954. A bill to improve the Higher Edu- nored and respectfully requests that the for the District of Columbia. cation Act of 1965, and for other purposes; to United States Secretary of Veterans Affairs Allison Dale Burroughs, of Massachusetts, the Committee on Health, Education, Labor, review the present established policies on to be United States District Judge for the and Pensions. holiday practices at Veterans Health Admin- District of Massachusetts. By Mr. CASEY (for himself, Mr. ALEX- istration facilities and train personnel on Jeanne E. Davidson, of Maryland, to be a ANDER, Ms. KLOBUCHAR, Mr. HARKIN, those policies so that the apparent violations Judge of the United States Court of Inter- and Mr. FRANKEN): of veterans’ rights described in this resolu- national Trade. S. 2955. A bill to revise the Inland Water- tion do not occur again; and be it further John Robert Blakey, of Illinois, to be ways Trust Fund financing rate; to the Com- Resolved, That the Alaska State Legisla- United States District Judge for the North- mittee on Finance. ture respectfully requests that the United ern District of Illinois. By Mr. NELSON (for himself, Mr. DON- States Secretary of Veterans Affairs provide Amos L. Mazzant, III, of Texas, to be NELLY, Ms. COLLINS, and Mr. BOOK- each member of the Alaska State Legisla- United States District Judge for the Eastern ER): ture with a written assurance that the ac- District of Texas. S. 2956. A bill to prevent caller ID spoofing, tions of the Veterans Health Administration Robert Lee Pitman, of Texas, to be United and for other purposes; to the Committee on officials described in this resolution do not States District Judge for the Western Dis- Commerce, Science, and Transportation. reflect the policies on holiday practices at trict of Texas. By Mr. BEGICH: Veterans Health Administration facilities. Robert William Schroeder III, of Texas, to S. 2957. A bill to limit the disturbance to Copies of this resolution shall be sent to be United States District Judge for the East- American families caused by electioneering the Honorable Barack Obama, President of ern District of Texas. phone calls by expanding the National Do the United States; the Honorable Joseph R. Not Call Registry to include Super PACs and Biden, Jr., Vice-President of the United (Nominations without an asterisk other third-party political groups, to pro- States and President of the U.S. Senate; the were reported with the recommenda- hibit robo-calls to Americans who have list- Honorable John Boehner, Speaker of the U.S. tion that they be confirmed.) ed their telephone numbers on the Registry,

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and to prohibit push-polling; to the Com- RUBIO, Mr. MARKEY, Mrs. BOXER, Mr. S. 838 mittee on Commerce, Science, and Transpor- BOOKER, Mr. COONS, and Mrs. SHA- At the request of Mrs. MCCASKILL, tation. HEEN): the name of the Senator from Illinois By Mr. TOOMEY: S. Res. 586. A resolution calling on the (Mr. DURBIN) was added as a cosponsor S. 2958. A bill to amend the Internal Rev- Government of Burma to develop a non-dis- enue Code of 1986 to expand the employer criminatory and comprehensive solution of S. 838, a bill to amend the Internal wage credit for employees who are active that addresses Rakhine State’s needs for Revenue Code of 1986 to protect em- duty members of the Uniformed Services; to peace, security, harmony, and development ployees in the building and construc- the Committee on Finance. under equitable and just application of the tion industry who are participants in By Mr. CASEY (for himself, Mr. ROCKE- rule of law, and for other purposes; to the multiemployer plans, and for other FELLER, Mr. HARKIN, Mr. BROWN, Mr. Committee on Foreign Relations. purposes. MANCHIN, Mr. KAINE, and Mr. WAR- By Mr. KIRK (for himself and Mr. WAR- S. 1011 NER): NER): S. 2959. A bill to ensure that claims for S. Res. 587. A resolution encouraging re- At the request of Mr. JOHANNS, the benefits under the Black Lung Benefits Act unions of Korean-Americans who were di- names of the Senator from Texas (Mr. are processed in a fair and timely manner, to vided by the Korean War from their relatives CORNYN), the Senator from Virginia protect miners from pneumoconiosis (com- in North Korea; to the Committee on For- (Mr. WARNER), the Senator from Idaho monly known as ‘‘black lung disease’’ ), and eign Relations. (Mr. RISCH) and the Senator from Wyo- for other purposes; to the Committee on By Mr. MORAN (for himself, Ms. KLO- ming (Mr. BARRASSO) were added as co- Health, Education, Labor, and Pensions. BUCHAR, Mr. HOEVEN, Mr. BOOZMAN, sponsors of S. 1011, a bill to require the By Mr. TESTER (for himself, Mr. JOHN- Mr. ENZI, Mr. GRASSLEY, Mr. THUNE, Secretary of the Treasury to mint SON of South Dakota, Mr. UDALL of Mr. WICKER, Mr. CRAPO, Mr. HELLER, coins in commemoration of the centen- New Mexico, Mr. FRANKEN, and Ms. Mr. COCHRAN, Ms. HEITKAMP, Mr. MURKOWSKI): TESTER, Ms. BALDWIN, Mr. JOHNSON of nial of Boys Town, and for other pur- S. 2960. A bill to provide for rental assist- South Dakota, Mr. DONNELLY, Mr. poses. ance for homeless or at-risk Indian veterans; DURBIN, Mr. FRANKEN, and Ms. S. 1040 to the Committee on Indian Affairs. HIRONO): At the request of Mr. PORTMAN, the By Mr. BEGICH: S. Res. 588. A resolution recognizing that names of the Senator from South Da- S. 2961. A bill to establish the Office of access to hospitals and other health care kota (Mr. JOHNSON), the Senator from Planning for Future Intercity Transpor- providers for patients in rural areas of the tation within the Office of the Secretary of United States is essential to the survival and Rhode Island (Mr. REED) and the Sen- Transportation; to the Committee on Envi- success of communities in the United States; ator from Virginia (Mr. KAINE) were ronment and Public Works. considered and agreed to. added as cosponsors of S. 1040, a bill to By Mr. TOOMEY: By Ms. WARREN (for herself and Mr. provide for the award of a gold medal S. 2962. A bill to repeal the tax increase im- MARKEY): on behalf of Congress to Jack Nicklaus, posed by Obamacare on taxpayers who incur S. Res. 589. A resolution honoring the life in recognition of his service to the Na- catastrophic medical expenses; to the Com- of Thomas M. Menino, Mayor of Boston, mittee on Finance. tion in promoting excellence, good Massachusetts, from 1993 to 2014; considered sportsmanship, and philanthropy. By Mrs. BOXER (for herself, Mr. and agreed to. BEGICH, Mr. NELSON, Mr. WHITE- By Mr. TESTER (for himself, Mr. S. 1249 HOUSE, Ms. CANTWELL, Mrs. MURRAY, UDALL of New Mexico, Mr. WALSH, At the request of Mr. BLUMENTHAL, Mr. REED, Mr. MARKEY, Ms. WARREN, Mr. BEGICH, Mr. WYDEN, Mr. BAR- the name of the Senator from Pennsyl- Mr. CARDIN, Mr. BOOKER, and Mr. RASSO, Mr. THUNE, Ms. STABENOW, vania (Mr. TOOMEY) was added as a co- MERKLEY): Mr. INHOFE, Ms. HEITKAMP, Mr. MAR- sponsor of S. 1249, a bill to rename the S. 2963. A bill to remove a limitation on a KEY, Mr. MORAN, Ms. BALDWIN, Mr. prohibition relating to permits for dis- Office to Monitor and Combat Traf- JOHNSON of South Dakota, Mr. ficking of the Department of State the charges incidental to normal operation of SCHATZ, Mr. KAINE, Mr. CRAPO, Mrs. Bureau to Monitor and Combat Traf- vessels; to the Committee on Environment FEINSTEIN, Mrs. MURRAY, Mr. and Public Works. FRANKEN, Mr. HEINRICH, Ms. HIRONO, ficking in Persons and to provide for an By Mr. BROWN (for himself, Mr. BEN- Mr. HELLER, Mr. MERKLEY, Ms. CANT- Assistant Secretary to head such Bu- NET, Ms. CANTWELL, Mr. CASEY, Mr. WELL, Mr. COCHRAN, and Mr. REID): reau, and for other purposes. CARDIN, Mr. MENENDEZ, Mr. ROCKE- S. Res. 590. A resolution recognizing Na- S. 1361 FELLER, Mr. SCHUMER, and Ms. STA- tional Native American Heritage Month and BENOW): At the request of Mr. MURPHY, the celebrating the heritages and cultures of Na- names of the Senator from Indiana S. 2964. A bill to extend the trade adjust- tive Americans and the contributions of Na- ment assistance program, and for other pur- tive Americans to the United States; consid- (Mr. DONNELLY) and the Senator from poses; to the Committee on Finance. ered and agreed to. New Hampshire (Ms. AYOTTE) were By Mr. CRUZ: By Mr. REID (for Mrs. HAGAN (for her- added as cosponsors of S. 1361, a bill to S. 2965. A bill to provide that members of self, Mr. KIRK, Mrs. MURRAY, Mr. direct the Secretary of Homeland Secu- the Armed Forces performing hazardous hu- BROWN, Mr. JOHNSON of South Da- rity to accept additional documenta- manitarian services in West Africa to com- kota, Ms. MIKULSKI, Ms. BALDWIN, bat the spread of the 2014 Ebola virus out- tion when considering the application Mr. DURBIN, Ms. WARREN, Mr. WYDEN, break shall be entitled to tax benefits in the for veterans status of an individual Mr. CARDIN, and Mr. LEVIN)): who performed service as a coastwise same manner as if such services were per- S. Res. 591. A resolution supporting the formed in a combat zone; to the Committee goals and ideals of American Education merchant seaman during World War II, on Finance. Week; to the Committee on Health, Edu- and for other purposes. By Ms. BALDWIN (for herself and Mr. cation, Labor, and Pensions. S. 1674 PORTMAN): S. 2966. A bill to improve the under- f At the request of Mr. FRANKEN, the name of the Senator from New Hamp- standing and coordination of critical care ADDITIONAL COSPONSORS health services; to the Committee on Fi- shire (Mrs. SHAHEEN) was added as a co- nance. S. 526 sponsor of S. 1674, a bill to help estab- f At the request of Mr. SCHUMER, his lish, enhance, and increase access to name was added as a cosponsor of S. early childhood parent education and SUBMISSION OF CONCURRENT AND 526, a bill to amend the Internal Rev- family engagement programs, and for SENATE RESOLUTIONS enue Code of 1986 to make permanent other purposes. The following concurrent resolutions the special rule for contributions of S. 1815 and Senate resolutions were read, and qualified conservation contributions, At the request of Mr. BEGICH, the referred (or acted upon), as indicated: and for other purposes. name of the Senator from Wisconsin By Mr. ISAKSON (for himself and Ms. S. 666 (Ms. BALDWIN) was added as a cospon- BALDWIN): At the request of Mr. BLUMENTHAL, sor of S. 1815, a bill to amend the Pub- S. Res. 585. A resolution designating De- the name of the Senator from Missouri lic Health Service Act to include occu- cember 3, 2014, as ‘‘National Phenyl- ketonuria Awareness Day’’; to the Com- (Mrs. MCCASKILL) was added as a co- pational therapists as behavioral and mittee on the Judiciary. sponsor of S. 666, a bill to prohibit at- mental health professionals for pur- By Mr. MENENDEZ (for himself, Mr. tendance of an animal fighting ven- poses of the National Health Service KIRK, Mr. DURBIN, Mr. CARDIN, Mr. ture, and for other purposes. Corps.

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.019 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6206 CONGRESSIONAL RECORD — SENATE November 20, 2014 S. 2047 ties of the Federal Government to re- DURBIN) was added as a cosponsor of S. At the request of Mrs. BOXER, the quire the production of certain busi- 2930, a bill to direct the Secretary of name of the Senator from Oregon (Mr. ness records, conduct electronic sur- Defense and the Secretary of Veterans MERKLEY) was added as a cosponsor of veillance, use pen registers and trap Affairs to provide for the conduct of an S. 2047, a bill to prohibit the marketing and trace devices, and use other forms evaluation of mental health care and of electronic cigarettes to children, of information gathering for foreign in- suicide prevention programs of the De- and for other purposes. telligence, counterterrorism, and partment of Defense and the Depart- S. 2288 criminal purposes, and for other pur- ment of Veterans Affairs, to require a At the request of Mr. ROCKEFELLER, poses. pilot program on loan repayment for the name of the Senator from North S. 2732 psychiatrists who agree to serve in the Dakota (Ms. HEITKAMP) was added as a At the request of Mr. DONNELLY, the Veterans Health Administration of the cosponsor of S. 2288, a bill to amend the name of the Senator from Hawaii (Mr. Department of Veterans Affairs, and Internal Revenue Code of 1986 to ex- SCHATZ) was added as a cosponsor of S. for other purposes. pand existing tax credits to encourage 2732, a bill to increase from S. 2943 the capture, utilization, and sequestra- $10,000,000,000 to $50,000,000,000 the At the request of Mr. RUBIO, the tion of carbon dioxide. threshold figure at which regulated de- name of the Senator from Rhode Island (Mr. WHITEHOUSE) was withdrawn as a S. 2301 pository institutions are subject to di- cosponsor of S. 2943, a bill to amend At the request of Mr. HATCH, the rect examination and reporting re- Public Law 110–299 to extend the time name of the Senator from Delaware quirements of the Bureau of Consumer period during which permits are not re- (Mr. COONS) was added as a cosponsor Financial Protection, and for other quired for certain discharges incidental of S. 2301, a bill to amend section 2259 purposes. to the normal operation of vessels. of title 18, United States Code, and for S. 2746 At the request of Ms. COLLINS, her At the request of Mr. BROWN, the other purposes. name was added as a cosponsor of S. names of the Senator from Maryland S. 2348 2943, supra. (Ms. MIKULSKI), the Senator from Cali- At the request of Mr. BROWN, the S. 2944 fornia (Mrs. BOXER) and the Senator name of the Senator from Maryland At the request of Mr. HATCH, the from Illinois (Mr. DURBIN) were added (Mr. CARDIN) was added as a cosponsor names of the Senator from North Caro- of S. 2348, a bill to amend title XVIII of as cosponsors of S. 2746, a bill to amend the Public Health Service Act to im- lina (Mr. BURR), the Senator from the Social Security Act to waive coin- Pennsylvania (Mr. TOOMEY), the Sen- prove the health of children and help surance under Medicare for colorectal ator from Oregon (Mr. WYDEN), the better understand and enhance aware- cancer screening tests, regardless of Senator from Mississippi (Mr. WICKER), ness about unexpected sudden death in whether therapeutic intervention is re- the Senator from Georgia (Mr. ISAK- early life. quired during the screening. SON), the Senator from Iowa (Mr. At the request of Ms. AYOTTE, the S. 2434 name of the Senator from Kansas (Mr. GRASSLEY), the Senator from Indiana (Mr. COATS), the Senator from Florida At the request of Mr. FRANKEN, the MORAN) was added as a cosponsor of S. (Mr. RUBIO), the Senator from Texas name of the Senator from Arkansas 2746, supra. (Mr. PRYOR) was added as a cosponsor (Mr. CORNYN), the Senator from Illinois S. 2828 of S. 2434, a bill to amend the Internal (Mr. KIRK), the Senator from Utah (Mr. At the request of Mr. CORKER, the LEE), the Senator from Wyoming (Mr. Revenue Code of 1986 to ensure that name of the Senator from Texas (Mr. working families have access to afford- ENZI) and the Senator from Colorado CRUZ) was added as a cosponsor of S. (Mr. BENNET) were added as cosponsors able health insurance coverage. 2828, a bill to impose sanctions with re- S. 2520 of S. 2944, a bill to amend the Social spect to the Russian Federation, to Security Act to provide for the termi- At the request of Mr. LEAHY, the provide additional assistance to names of the Senator from Nebraska nation of social security benefits for Ukraine, and for other purposes. individuals who participated in Nazi (Mr. JOHANNS), the Senator from New At the request of Mr. MENENDEZ, the persecution, and for other purposes. Hampshire (Ms. AYOTTE) and the Sen- name of the Senator from Pennsyl- S. 2945 ator from Delaware (Mr. COONS) were vania (Mr. TOOMEY) was added as a co- added as cosponsors of S. 2520, a bill to At the request of Ms. MURKOWSKI, the sponsor of S. 2828, supra. name of the Senator from Alaska (Mr. improve the Freedom of Information S. 2848 Act. BEGICH) was added as a cosponsor of S. At the request of Mr. ENZI, the name 2945, a bill to repeal section 910 of the S. 2591 of the Senator from South Dakota (Mr. Violence Against Women Reauthoriza- At the request of Mr. RUBIO, the JOHNSON) was added as a cosponsor of tion Act of 2013. name of the Senator from Florida (Mr. S. 2848, a bill to amend title 49, United S. RES. 26 NELSON) was added as a cosponsor of S. States Code, with respect to apportion- At the request of Ms. HIRONO, her 2591, a bill to authorize the Secretary ments under the Airport Improvement name was added as a cosponsor of S. of State and the Administrator of the Program, and for other purposes. Res. 26, a resolution recognizing that United States Agency for International S. 2874 access to hospitals and other health Development to provide assistance to At the request of Mr. CASEY, the care providers for patients in rural support the rights of women and girls name of the Senator from Kentucky areas of the United States is essential in developing countries, and for other (Mr. PAUL) was added as a cosponsor of to the survival and success of commu- purposes. S. 2874, a bill to amend the Juvenile nities in the United States. S. 2621 Justice and Delinquency Prevention S. RES. 565 At the request of Mr. COCHRAN, his Act of 1974 to eliminate the use of valid At the request of Mr. LEVIN, the name was added as a cosponsor of S. court orders to secure lockup of status name of the Senator from Illinois (Mr. 2621, a bill to amend the Migratory offenders, and for other purposes. DURBIN) was added as a cosponsor of S. Bird Hunting and Conservation Stamp S. 2920 Res. 565, a resolution expressing the Act to increase the price of Migratory At the request of Mr. CASEY, the sense of the Senate that the President Bird Hunting and Conservation Stamps name of the Senator from New Jersey and the Secretary of State should en- to fund the acquisition of conservation (Mr. MENENDEZ) was added as a cospon- sure that the Canadian Government easements for migratory birds, and for sor of S. 2920, a bill to deny Social Se- does not permanently store nuclear other purposes. curity benefits and other benefits to in- waste in the Great Lakes Basin. S. 2685 dividuals who participated in Nazi per- S. RES. 580 At the request of Mr. LEAHY, the secution. At the request of Ms. KLOBUCHAR, her name of the Senator from California S. 2930 name was added as a cosponsor of S. (Mrs. BOXER) was added as a cosponsor At the request of Mr. MCCAIN, the Res. 580, a resolution expressing sup- of S. 2685, a bill to reform the authori- name of the Senator from Illinois (Mr. port for the goals of National Adoption

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.021 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 20, 2014 CONGRESSIONAL RECORD — SENATE S6207 Day and National Adoption Month by nity. Over the past year, our Senate On the matter of student debt, my promoting national awareness of adop- Health, Education, Labor, and Pen- bill takes a range of steps to help stu- tion and the children awaiting fami- sions Committee has held 12 bipartisan dent borrowers better manage their lies, celebrating children and families hearings on reauthorizing the Higher loans. It provides for better up-front involved in adoption, and encouraging Education Act on issues ranging from and exit counseling for students re- the people of the United States to se- teacher preparation and accreditation garding their federally guaranteed cure safety, permanency, and well- to federal student loans and the States’ loans. It eliminates fees on federal being for all children. role in higher education. These hear- loans to save students money. My bill S. RES. 583 ings were purposely designed to better also strengthens consumer protections At the request of Mr. ISAKSON, the inform members of Congress and the for student loans, and it creates a safe- names of the Senator from Delaware public on the most pressing issues in ty net for borrowers who are seriously delinquent on their loans by automati- (Mr. COONS) and the Senator from higher education and how best to ad- cally enrolling them in an income- Georgia (Mr. CHAMBLISS) were added as dress them at the federal level. cosponsors of S. Res. 583, a resolution In June, I put forward a discussion based repayment plan with affordable designating November 30, 2014, as draft that included many of the ideas monthly payments. To ensure that pri- vate student debt is treated no dif- ‘‘Drive Safer Sunday’’. and policies discussed in our hearings. I asked the entire higher education ferently than any other consumer debt, AMENDMENT NO. 3749 community—including institutions, my bill would allow private student At the request of Mr. MENENDEZ, the accreditors, and student advocacy or- loans to be discharged in bankruptcy, name of the Senator from New Jersey ganizations—to weigh in and offer sug- as they were before the law was (Mr. BOOKER) was added as a cosponsor gestions on how best to strengthen my changed in 2005. of amendment No. 3749 intended to be initial proposal. My bill would hold schools more ac- proposed to S. 2410, an original bill to I am pleased to say they delivered countable to both students and tax- authorize appropriations for fiscal year abundantly on that request. We re- payers by ensuring that no Federal 2015 for military activities of the De- ceived comments from over 120 organi- money goes to marketing and adver- partment of Defense, for military con- zations from across the country. What tising instead of education. I am also struction, and for defense activities of I have put forward today is a direct re- introducing new metrics, including a the Department of Energy, to prescribe sult of our hearings and the feedback repayment rate, by which to better military personnel strengths for such we received. This bill provides clear measure schools’ performance. The bill fiscal year, and for other purposes. guidelines based on all the work we also changes the current ‘‘90/10’’ rule to AMENDMENT NO. 3870 have done to date on how we should ‘‘85/15’’ to ensure that for-profit schools At the request of Mr. BROWN, the move forward with reauthorization in a are not wholly subsidized by the Fed- name of the Senator from Missouri way that puts students and families eral government. For those bad actors (Mr. BLUNT) was added as a cosponsor first. It takes a holistic approach in ad- making record-breaking profits of amendment No. 3870 intended to be dressing the most urgent issues in through fraud and abuse of taxpayer proposed to S. 2410, an original bill to higher education: increasing college af- dollars, my bill includes a number of authorize appropriations for fiscal year fordability, helping struggling bor- provisions designed to penalize this be- 2015 for military activities of the De- rowers, strengthening accountability, havior and to stop it. partment of Defense, for military con- and improving transparency through- Our country has reached a critical point in higher education. Beyond dis- struction, and for defense activities of out the higher education system. the Department of Energy, to prescribe On the matter of affordability, my agreements on specific policy issues, military personnel strengths for such bill includes a number of policies de- we must come together to decide fiscal year, and for other purposes. signed to reduce college costs for stu- whether higher education should be preserved, first and foremost, as a pub- AMENDMENT NO. 3947 dents on the front end. It proposes a lic good. Over the past two decades, ris- At the request of Mr. WYDEN, the new federal partnership with States to name of the Senator from Alaska (Mr. incentivize them to reinvest in their ing college costs have been shifted un- fairly onto the backs of students and BEGICH) was added as a cosponsor of systems of higher education. For too families. The central question we must amendment No. 3947 intended to be pro- long, States have been cutting funding ask is whether this accelerating trend posed to S. 2685, a bill to reform the au- for their institutions of higher edu- is the right direction for this country— thorities of the Federal Government to cation and passing those costs onto whether paying for college should be require the production of certain busi- students and their families. This is a the sole responsibility of students and ness records, conduct electronic sur- trend in cost-shifting that must stop. families or our shared responsibility as veillance, use pen registers and trap The bill also reinstates year-round Pell a nation. My bill reflects the overall and trace devices, and use other forms Grants to enable students to get their belief that all stakeholders—states, the of information gathering for foreign in- degrees faster and establishes a pilot Federal Government, students and telligence, counterterrorism, and program to reward institutions that do families—should invest together in criminal purposes, and for other pur- a good job of graduating low-income higher education to keep college af- poses. students. My bill also creates two fordable and accessible to all. Our f grant programs to promote statewide country’s economic future and the and institutional innovation in higher STATEMENTS ON INTRODUCED promise of equal opportunity depend education. Making sure college is af- BILLS AND JOINT RESOLUTIONS upon this critical investment. fordable requires an all-hands-on-deck It is unacceptable to ask students approach: the Federal government, and their families to shoulder the bulk By Mr. HARKIN: states, students and their families all of college costs. Historically, this has S. 2954. A bill to improve the Higher need to do their part. never been the case, and we should not Education Act of 1965, and for other We also hope to empower students allow this unfortunate trend to grow purposes; to the Committee on Health, and families through greater trans- worse. My bill would get us back on the Education, Labor, and Pensions. parency by giving students and fami- right track, ensuring that our higher Mr. HARKIN. Mr. President, I am lies better information on college costs education system is affordable, trans- proud to introduce my comprehensive and outcomes from the beginning of parent, and ultimately accountable to proposal to reauthorize the Higher the college selection process and all our students and taxpayers. Higher Education Act, the main law governing the way through graduation. The bill education should serve as an equalizer institutions of higher education in this promotes a seamless process from high of opportunity for all, and that is a country. My bill, the Higher Education school to post-graduation to ensure promise that we must fulfill together. Affordability Act, is the product of ex- that students know exactly what they tensive conversations between both are getting into with regard to college By Mr. NELSON (for himself, Mr. parties in Congress and stakeholders quality and costs before they get start- DONNELLY, Ms. COLLINS, and across the higher education commu- ed. Mr. BOOKER):

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.022 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6208 CONGRESSIONAL RECORD — SENATE November 20, 2014 S. 2956. A bill to prevent caller ID accelerate the timeline for the stand- ‘‘(2) SAFE HARBOR.—Whitelist processing spoofing, and for other purposes; to the ards to be finalized and move us to a that, in accordance with the preferences of a Committee on Commerce, Science, and more secure telephone system sooner. subscriber, limits or disables connection Transportation. When in place, Caller ID authentica- with the CPE of a subscriber shall not be considered to be— Mr. NELSON. Mr. President, in 2010 tion will give consumers the informa- ‘‘(A) blocking traffic; or Congress passed, and the President tion they need to judge the legitimacy ‘‘(B) an unjust or unreasonable practice signed into law, the Truth in Caller ID of the call. Scammers will no longer be under section 201 of the Communications Act Act, which prohibits caller ID spoofing able to use spoofing technology to of 1934 (47 U.S.C. 201). when it is used to defraud or harm claim to be from the IRS, your bank, ‘‘(d) NUMBER OF TELEPHONE NUMBERS ON Americans. your utility company, or law enforce- WHITELIST FREE OF CHARGE.— What is caller ID spoofing? It is a ment and bilk you out of all your sav- ‘‘(1) IN GENERAL.—A provider of a voice technique that allows a telephone call- ings. service shall allow a subscriber (or a des- er to alter the phone number that ap- I invite my colleagues to join Sen- ignated representative thereof) to designate not less than 10 telephone numbers to be on pears on the recipient’s Caller ID ators COLLINS, DONNELLY, BOOKER, and the whitelist under subsection (b), free of screen. In other words, spoofing allows me in support of the Phone Scam Pre- charge. someone to hide behind a misleading vention Act of 2014. Working together, ‘‘(2) TELEPHONE NUMBERS OF EXEMPT ENTI- telephone number to try to scam con- I am hopeful that we can finally stop TIES.—The telephone number of an exempt sumers or trick law enforcement offi- many of the fraudsters behinds these entity shall not be considered to be on the cers. phone scams. whitelist of a subscriber for purposes of cal- The Truth in Caller ID Act put in Mr. President, I ask unanimous con- culating the 10 telephone numbers that may place tough new sanctions to crack sent that the text of the bill be printed be designated under paragraph (1).’’. (b) EFFECTIVE DATE.—Section 232 of the down on phone scams, empowering in the RECORD. Communications Act of 1934, as added by States to help the Federal Government There being no objection, the text of subsection (a), shall take effect on the date track down and punish these the bill was ordered to be printed in that is 2 years after the date of enactment of fraudsters. the RECORD, as follows: this Act. Since then spoofing technology has S. 2956 SEC. 3. AUTHENTICATION OF CALL ORIGINATION. evolved to give fraudsters new tools to Be it enacted by the Senate and House of Rep- Part I of title II of the Communications pull the wool over our eyes. They take resentatives of the United States of America in Act of 1934 (47 U.S.C. 201 et seq.), as amended advantage of innovative text mes- Congress assembled, by section 2, is amended by adding at the end saging services to trick unsuspecting SECTION 1. SHORT TITLE. the following: Americans into sending money or pro- This Act may be cited as the ‘‘Phone Scam ‘‘SEC. 233. AUTHENTICATION OF CALL ORIGINA- viding sensitive personal information. Prevention Act of 2014’’. TION. ‘‘(a) DEFINITION.—In this section, the term I believe our laws must evolve and SEC. 2. AVAILABILITY OF WHITELIST SERVICES. (a) IN GENERAL.—Part I of title II of the ‘voice service’ means any service that fur- adapt to the new tactics and tech- Communications Act of 1934 (47 U.S.C. 201 et nishes voice communications to an end user nologies used by these criminals. That seq.) is amended by adding at the end the fol- using resources from the North American is why I am introducing the Phone lowing: Numbering Plan or any successor plan adopt- Scam Prevention Act of 2014, to update ‘‘SEC. 232. AVAILABILITY OF WHITELIST SERV- ed by the Commission under section 251(e)(1). the protections we put in place in 2010 ICES. ‘‘(b) DEVELOPMENT OF AUTHENTICATION and give consumers the tools they need ‘‘(a) DEFINITIONS.—In this section— STANDARDS BY COMMISSION.—Not later than 5 to help them protect themselves. ‘‘(1) the term ‘voice service’ means any years after the date of enactment of the Phone Scam Prevention Act of 2014, the The bill does 3 simple things. service that furnishes voice communications to an end user using resources from the Commission shall develop authentication First, it extends the current prohibi- North American Numbering Plan or any suc- standards for providers of a voice service to tion on Caller ID spoofing to calls com- cessor plan adopted by the Commission validate the calling party number and caller ing from outside the United States and under section 251(e)(1); identification information of a call origi- stops crooks from using text messaging ‘‘(2) the term ‘exempt entity’ means— nated through a voice service so that the services to scam consumers. ‘‘(A) the Federal Government, a State, a subscriber receiving the call may obtain— Second, it ensures consumers have political subdivision of a State, or an agency ‘‘(1) a secure assurance of the origin of the access to what are known as ‘‘whitelist thereof; and call, including— services,’’ where the technology exists. ‘‘(B) any entity with respect to which the ‘‘(A) the calling party number; and ‘‘(B) caller identification information for Whitelist services allow consumers to Commission determines that allowing calls that originate from that entity to connect the call; or pick a list of approved phone numbers directly with the voice service customer ‘‘(2) notice that an assurance described in to ring through to their phone. All premises equipment (commonly referred to paragraph (1) is unavailable. other numbers are automatically for- as ‘CPE’) of a subscriber would serve the ‘‘(c) ADOPTION OF AUTHENTICATION STAND- warded to voicemail or rerouted to a public interest; and ARDS BY ENTITIES.—Each provider of a voice different number. ‘‘(3) the term ‘whitelist’ means a list of service that is allocated telephone numbers Calls from first responders, govern- telephone numbers, designated by a sub- from the portion of the North American ment agencies, and other important en- scriber, for which calls originating from Numbering Plan that pertains to the United States shall adopt the authentication stand- tities would still ring through to the those numbers to the subscriber are per- mitted to connect directly with the voice ards developed under subsection (b).’’. consumer’s phone. service CPE of the subscriber. SEC. 4. EXPANDING AND CLARIFYING PROHIBI- Several phone companies currently ‘‘(b) REQUIREMENT TO OFFER WHITELIST TION ON INACCURATE CALLER ID offer whitelist services to their cus- SERVICE.—A provider of a voice service shall INFORMATION. tomers. It only makes sense to allow offer each subscriber the option to designate (a) COMMUNICATIONS FROM OUTSIDE UNITED more Americans to have access to a whitelist, if technically feasible (as deter- STATES.—Section 227(e)(1) of the Commu- these valuable services so that they mined by the Commission on a periodic nications Act of 1934 (47 U.S.C. 227(e)(1)) is can help protect themselves from abu- basis). amended by striking ‘‘in connection with ‘‘(c) TREATMENT OF NONAPPROVED TELE- any telecommunications service or IP-en- sive phone calls. PHONE NUMBERS.— abled voice service’’ and inserting ‘‘or any Third, the bill directs the Federal ‘‘(1) IN GENERAL.—If a subscriber elects to person outside the United States if the re- Communications Commission, FCC, to designate a whitelist under subsection (b), cipient of the call is within the United develop Caller ID authentication stand- the provider of the voice service of the sub- States, in connection with any voice serv- ards within 5 years from the date of en- scriber shall ensure that any call the pro- ice’’. actment to ensure Caller ID informa- vider receives for termination that is not as- (b) COVERAGE OF TEXT MESSAGES AND tion is accurate, or at the very least sociated with a telephone number on the OTHER VOICE SERVICES.—Section 227(e)(8) of warn consumers when such informa- whitelist of the subscriber or the telephone the Communications Act of 1934 (47 U.S.C. tion cannot be verified. number of an exempt entity is processed ac- 227(e)(8)) is amended— cording to preferences set by the subscriber (1) in subparagraph (A), by striking ‘‘tele- An international group of telecom with respect to the whitelist, including by communications service or IP-enabled voice engineers, including specialists at the limiting or disabling the ability of an incom- service’’ and inserting ‘‘voice service (includ- FCC, are currently working to develop ing call to connect with the CPE of the sub- ing a text message sent using a text mes- such standards. The bill would merely scriber. saging service)’’;

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.025 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 20, 2014 CONGRESSIONAL RECORD — SENATE S6209 (2) in the first sentence of subparagraph Whereas phenylketonuria is also referred SENATE RESOLUTION 586—CALL- (B), by striking ‘‘telecommunications service to as ‘‘PKU’’ or Phenylalanine Hydroxylase ING ON THE GOVERNMENT OF or IP-enabled voice service’’ and inserting Deficiency; BURMA TO DEVELOP A NON-DIS- ‘‘voice service (including a text message sent Whereas newborn screening for PKU was CRIMINATORY AND COMPREHEN- using a text messaging service)’’; initiated in the United States in 1963 and was SIVE SOLUTION THAT ADDRESS- (3) by striking subparagraph (C) and insert- recommended for inclusion in State newborn ing the following: ES RAKHINE STATE’S NEEDS screening programs under the Newborn FOR PEACE, SECURITY, HAR- ‘‘(C) TEXT MESSAGE.—The term ‘text mes- Screening Saves Lives Act of 2007 (Public MONY, AND DEVELOPMENT sage’— Law 110–204); ‘‘(i) means a real-time or near real-time Whereas approximately 1 out of every UNDER EQUITABLE AND JUST message consisting of text, images, sounds, 15,000 infants in the United States is born APPLICATION OF THE RULE OF or other information that is transmitted with PKU; LAW, AND FOR OTHER PUR- from or received by a device that is identi- POSES fied as the transmitting or receiving device Whereas PKU is treated with medical food; by means of a telephone number; Whereas the 2012 Phenylketonuria Sci- Mr. MENENDEZ (for himself, Mr. ‘‘(ii) includes a short message service entific Review Conference affirmed the rec- KIRK, Mr. DURBIN, Mr. CARDIN, Mr. (commonly referred to as ‘SMS’) message, an ommendation of lifelong dietary treatment RUBIO, Mr. MARKEY, Mrs. BOXER, Mr. enhanced message service (commonly re- for PKU made by the National Institutes of BOOKER, Mr. COONS, and Mrs. SHAHEEN) ferred to as ‘EMS’) message, and a multi- Health Consensus Development Conference submitted the following resolution; media message service (commonly referred Statement 2000; which was referred to the Committee to as ‘MMS’) message; and Whereas the American College of Medical on Foreign Relations: ‘‘(iii) does not include a real-time, 2-way Genetics and Genomics and Genetic Meta- S. RES. 586 voice or video communication. bolic Dieticians International published ‘‘(D) TEXT MESSAGING SERVICE.—The term medical and dietary guidelines on the opti- Whereas, of the 1,500,000 members of the ‘text messaging service’ means a service that mal treatment of PKU in 2014; Rohingya ethnic minority community world- wide, over 1,200,000 stateless Rohingya live in permits the transmission or receipt of a text Whereas medical foods are medically nec- Burma, mostly in northern Rakhine State, message, including a service provided as part essary for children and adults living with including 140,000 internally displaced persons of or in connection with a voice service. PKU; ‘‘(E) VOICE SERVICE.—The term ‘voice serv- (IDPs); Whereas adults with PKU who discontinue Whereas the security, stability, and devel- ice’ means any service that furnishes voice treatment are at risk for serious medical communications to an end user using re- opment of Rakhine State is dependent on the issues such as depression, impulse control sources from the North American Numbering rule of law and non-discriminatory access to disorder, phobias, tremors, and pareses; Plan or any successor plan adopted by the citizenship, livelihoods and services, and pro- Whereas women with PKU must maintain Commission under section 251(e)(1).’’. tection for all residents; strict metabolic control before and during Whereas, on November 12, 2014, President (c) RULES OF CONSTRUCTION.—Nothing in this Act shall be construed to modify, limit, pregnancy to prevent fetal damage; Barack Obama traveled to Burma, where he or otherwise affect— Whereas children born from untreated ‘‘stressed the need to find durable and effec- (1) the authority, as of the day before the mothers with PKU may have a condition tive solutions for the terrible violence in date of enactment of this Act, of the Federal known as ‘‘maternal phenylketonuria syn- Rakhine state, solutions that end discrimi- nation, provide greater security and eco- Communications Commission to interpret drome’’, which can cause small brains, intel- nomic opportunities, protect all citizens, and the term ‘‘call’’ to include a text message (as lectual disabilities, birth defects of the promote greater tolerance and under- defined under section 227(e)(8)) of the Com- heart, and low birth weights; standing,’’ while noting that legitimate gov- munications Act of 1934, as added by sub- Whereas although there is no cure for ernment is a government based on ‘‘the rec- section (b)); or PKU, treatment involving medical foods, ognition that all people are equal under the (2) any rule or order adopted by the Fed- medications, and restriction of law’’; eral Communications Commission in connec- phenylalanine intake can prevent progres- Whereas the Department of State has, tion with— sive, irreversible brain damage; since 1999, regularly expressed its particular (A) the Telephone Consumer Protection Whereas access to health insurance cov- concern for severe legal, economic, and so- Act of 1991 (Public Law 102–243; 105 Stat. 2394) erage for medical food varies across the cial discrimination against Burma’s or the amendments made by that Act; or United States, and the long-term costs asso- Rohingya population in its Country Report (B) the CAN-SPAM Act of 2003 (15 U.S.C. ciated with caring for untreated children and for Human Rights Practices; 7701 et seq.). adults with PKU far exceed the cost of pro- Whereas the United Nations Special (d) REGULATIONS.—Not later than 18 viding medical food treatment; Rapporteur for Human Rights in Burma re- months after the date of enactment of this Whereas gaps in medical foods coverage ported a ‘‘long history of discrimination and Act, the Federal Communications Commis- persecution against the Rohingya Muslim sion shall prescribe regulations to imple- has a detrimental impact on individuals with PKU, their families, and society; community which could amount to crimes ment the amendments made by this section. against humanity’’; (e) EFFECTIVE DATE.—The amendments Whereas scientists and researchers are hopeful that breakthroughs in PKU research Whereas the current Government of made by this section shall take effect on the Burma, like its predecessors, continues to will be forthcoming; date that is 6 months after the date on which use the Burma Citizenship Law of 1982 to ex- the Federal Communications Commission Whereas researchers across the United clude Rohingya from a list of legally recog- prescribes regulations under subsection (d). States are conducting important research nized ethnic groups, despite many having projects involving PKU; and f lived in Rakhine State for generations, Whereas the Senate is an institution that thereby rendering Rohingya stateless and SUBMITTED RESOLUTIONS can raise awareness of PKU among the gen- vulnerable to exploitation and abuse; eral public and the medical community: Whereas, in its March 2014 census, the first Now, therefore, be it in over 30 years, the Government of Burma SENATE RESOLUTION 585—DESIG- Resolved, That the Senate— reneged on its commitment to allow all peo- NATING DECEMBER 3, 2014, AS (1) designates December 3, 2014, as ‘‘Na- ple in Burma to self-identify and ordered the ‘‘NATIONAL PHENYLKETONURIA tional Phenylketonuria Awareness Day’’; Rohingya to ethnically identify as ‘‘Ben- gali’’, resulting in their exclusion from cen- (2) encourages all people in the United AWARENESS DAY’’ sus data and thereby severely undermining States to become more informed about the validity of the data for Rakhine State Mr. ISAKSON (for himself and Ms. phenylketonuria; and BALDWIN) submitted the following reso- and creating the potential for further dis- (3) respectfully requests that the Secretary crimination and conflict; lution; which was referred to the Com- of the Senate transmit a copy of this resolu- mittee on the Judiciary: Whereas local and national policies and tion to the National PKU Alliance, a non- practices discriminate against Rohingya by S. RES. 585 profit organization dedicated to improving denying them freedom of movement outside Whereas phenylketonuria is a rare, inher- the lives of individuals with phenyl- their villages and camps, restricting access ited metabolic disorder that is characterized ketonuria. to livelihood, education, and health care; by the inability of the body to process the Whereas authorities have required essential amino acid phenylalanine, and Rohingya to obtain official permission for which causes intellectual disability and marriages, with reportedly onerous, other neurological problems, such as mem- humiliating, and financially prohibitive re- ory loss and mood disorders, when treatment quirements for approval; is not started within the first few weeks of Whereas a two-child policy sanctioned life; solely upon the Rohingya population in two

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RES. 587 Whereas the Government of Bangladesh and July 2012 resulted in the deaths of at Whereas the division of the Korean Penin- has banned marriage registrars from offici- least 57 Muslims and the destruction of 1,336 sula into the Republic of Korea (referred to ating marriages involving Rohingyas at- Rohingya homes and left thousands dis- in this Resolution as ‘‘South Korea’’) and the tempting to wed one another and those seek- placed; Democratic People’s Republic of Korea (re- Whereas, between October 21–30, 2012, nu- ing unions with Bangladeshi nationals; and ferred to in this Resolution as ‘‘North merous people were killed, and a village in Whereas, in Thailand, according to the Korea’’) separated more than 10,000,000 Kore- Mrauk-U township was destroyed during United States Department of State’s 2014 ans from their family members; deadly ethnic violence between the Rakhine Trafficking in Persons Report, corrupt civil- Whereas since the signing of the Korean and Rohingya communities; ian and military officials are alleged to have War armistice agreement on July 27, 1953, Whereas the lack of a credible independent profited from the smuggling of Rohingya there has been little to no contact between investigation has resulted in persistent ques- asylum seekers from Burma and Bangladesh Korean Americans and their family members tions about violence that may have resulted and allegedly have been complicit in their who remain in North Korea; in the death of Rohingya in a village in sale into forced labor on commercial fishing Whereas North and South Korea first Maungdaw township in January 2014, and agreed to divided family reunions in 1985 and human rights groups reported mass arrests vessels: Now, therefore, be it have since held 19 face-to-face reunions and 7 and arbitrary detention of Rohingya in the Resolved, That the Senate— video-link reunions; aftermath of this violence; (1) calls on the Government of Burma to Whereas the aforementioned reunions have Whereas local, state, and national security develop a non-discriminatory and com- police and border officers have failed to pro- subsequently given approximately 22,000 Ko- prehensive solution that addresses Rakhine reans the opportunity to briefly reunite with tect those vulnerable to attack and, in some State’s needs for peace, security, harmony, cases, participated in violence against their loved ones; and development under equitable and just Whereas the most recent family reunions Rohingya and other Muslims; application of the rule of law; Whereas the Government of Burma has re- between North Korea and South Korea took (2) welcomes the Government of Burma’s located displaced Rohingya into displace- place in February 2014 after a suspension of announcement that Me´decins Sans ment camps where they have limited access more than 3 years; ` to adequate shelter, clean water, food, sani- Frontieres has been invited back to work in Whereas the United States and North tation, health care, livelihoods, or basic edu- Rakhine State and encourages the Govern- Korea do not maintain diplomatic relations, cation for their children; ment of Burma to ensure that the organiza- and certain limitations exist for Korean Whereas thousands of Rohingya are en- tion is able to resume operations alongside Americans to participate in inter-Korean tirely reliant on international assistance for other humanitarian organizations without family reunions; food, clean water, and health care because undue restrictions on their humanitarian op- Whereas more than 1,700,000 Americans are they are not permitted to move for work and erations; of Korean descent; therefore cannot provide for their families; (3) calls on the Government of Burma to Whereas the number of first generation Ko- Whereas, in February 2014, the Government end all forms of persecution and discrimina- rean and Korean American divided family of Burma suspended the activities of Nobel tion, including freedom of movement restric- members is rapidly diminishing given their Laureate Me´decins Sans Frontie`res, the pri- tions, of the Rohingya people and ensure re- advanced age; Whereas many Korean Americans with mary provider of healthcare to hundreds of spect for internationally recognized human family members in North Korea have not thousands in Rakhine State; rights for all ethnic and religious minority seen or communicated with their relatives in Whereas the Government of Burma entered groups within Burma; into a Memorandum of Agreement with the more than 60 years; (4) calls on the Government of Burma to Me´decins Sans Frontie`res in September 2014 Whereas Korean Americans and North Ko- respect the Rohingya’s right to self-identi- but all services have not resumed; reans both continue to suffer from the trag- Whereas attacks on organizations and fication, redraft the Citizenship Law of 1982 edy of being divided from their loved ones; their property in Sittwe, the capital of so that it conforms to internationally recog- Whereas the inclusion of Korean American Rakhine State, in March 2014 caused over 300 nized legal standards, and include both families in the reunion process would con- international aid workers to evacuate the Rakhine and Rohingya leaders and commu- stitute a positive humanitarian gesture by area, and while many of these aid workers nity members in the redrafting process; North Korea and contribute to the long-term have now returned, they have not yet been (5) calls on the Government of Burma to goal of peace on the Korean Peninsula shared able to resume full operations, leaving many support an international and independent in- by the Governments of North Korea, of more people vulnerable, particularly in the vestigation into the violence that has oc- South Korea, and of the United States; area of health care; curred in Rakhine State since June 2012, im- Whereas the National Defense Authoriza- Whereas the denial of unhindered humani- plement the recommendations put forth, and tion Act for Fiscal Year 2008 (Public Law tarian assistance when populations are in prosecute the perpetrators of violence con- 110–181) requires the President to submit a need of such services is a severe breach of a sistent with due process; report to Congress every 180 days on ‘‘efforts, government’s responsibility to protect and (6) calls on the Government of Burma to if any, of the United States Government to support its residents and suggests disregard conform to international norms on the provi- facilitate family reunions between United for individuals who suffer the effects of dis- sion of unrestricted humanitarian access by States citizens and their relatives in North Korea’’; ease and malnourishment as a result of a international organizations to all in need, lack of assistance; Whereas in the Continuing Appropriations without discrimination based on nationality, Whereas hundreds of thousands of Act of 2011 (Public Law 111–242), Congress race, ethnicity, gender, religious belief, or Rohingya have fled to neighboring countries, urged ‘‘the Special Representative on North political opinion; including 34,000 that have registered in offi- Korea Policy, as the senior official handling (7) calls on the regional governments to cial camps in Bangladesh, plus another North Korea issues, to prioritize the issues 300,000 to 500,000 that are unregistered in protect the rights of Rohingya asylum seek- involving Korean divided families and, if Bangladesh, and at least 35,000 in Malaysia, ers and refugees, as well as respect the inter- necessary, to appoint a coordinator for such plus many thousands more in Thailand and national legal principle of non-refoulement; families’’: Indonesia; and Now, therefore, be it Whereas, according to the United Nations (8) calls on the United States Government Resolved, That the Senate: High Commissioner for Refugees, approxi- and the international community to call on (1) recognizes the significance of North Ko- mately 100,000 Rohingya have fled from the Government of Burma to take all nec- rea’s past willingness to resume reunions of Rakhine State, and up to 2,000 Rohingya who essary measures to end the persecution and divided family members between North fled Burma by boat are presumed dead or are discrimination of the Rohingya population Korea and South Korea; missing at sea since 2012; and to protect the fundamental rights of all (2) acknowledges North Korea’s release in Whereas up to 200,000 Rohingya, who fled ethnic and religious minority groups in November 2014 of incarcerated American persecution from Burma up to 20 years ago Burma. citizens Kenneth Bae and Matthew Miller;

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.032 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 20, 2014 CONGRESSIONAL RECORD — SENATE S6211 (3) encourages North Korea to permit re- Whereas individuals in rural areas of the to the survival and success of communities unions between Korean Americans and their United States are more likely to be unin- in the United States; relatives still living in North Korea; sured and less likely to receive coverage (2) recognizes that preserving and (4) calls on the Department of State to fur- through an employer than individuals in strengthening access to quality health care ther prioritize efforts to reunite Korean urban areas of the United States; in rural areas of the United States is crucial Americans with their divided family mem- Whereas access to health care continues to to the success and prosperity of the United bers; be a major challenge in rural areas of the States; (5) acknowledges the efforts of the Amer- United States, as— (3) recognizes that strengthening access to ican Red Cross to open channels of commu- (1) 77 percent of the 2,050 rural counties in hospitals and other health care providers for nication between Korean Americans and the United States are designated as primary patients in rural areas of the United States their family members who remain in North care Health Professional Shortage Areas makes Medicare more cost-effective and im- Korea; (commonly referred to as ‘‘HPSAs’’); proves health outcomes for patients; (6) encourages the Government of South (2) rural areas of the United States have (4) recognizes that, in addition to the vital Korea to include United States citizens in fu- fewer than half as many primary care physi- care that rural health care providers provide ture family reunions planned with North cians per 100,000 people as urban areas of the to patients, rural health care providers are Korea; and United States; and integral to the local economies and are one (7) praises humanitarian efforts to reunite (3) more than 50 percent of patients in of the largest types of employers in rural all individuals of Korean descent with their rural areas of the United States travel at areas of the United States; and relatives and engender a lasting peace on the least 20 miles to receive specialty medical (5) celebrates the many dedicated medical Korean Peninsula. care, compared to only 6 percent of patients professionals across the United States who in urban areas of the United States; f work hard each day to deliver quality care to Whereas, because rural hospitals and other the nearly 1 in 5 people in the United States SENATE RESOLUTION 588—RECOG- providers face unique challenges in admin- living in rural areas, because the dedication NIZING THAT ACCESS TO HOS- istering care to patients, Congress has tradi- and professionalism of those medical profes- PITALS AND OTHER HEALTH tionally supported those providers by imple- sionals preserves the special way of life and CARE PROVIDERS FOR PATIENTS menting— sense of community enjoyed and cherished (1) specific programs to address rural hos- by individuals in rural areas of the United IN RURAL AREAS OF THE pital closures that occurred in the 1980s by States. UNITED STATES IS ESSENTIAL providing financial support to hospitals that TO THE SURVIVAL AND SUCCESS are geographically isolated and in which OF COMMUNITIES IN THE Medicare patients make up a significant per- f UNITED STATES centage of hospital inpatient days or dis- charges; and SENATE RESOLUTION 589—HON- Mr. MORAN (for himself, Ms. KLO- (2) a program established in 1997 to support ORING THE LIFE OF THOMAS M. BUCHAR, Mr. HOEVEN, Mr. BOOZMAN, Mr. limited-service hospitals that, being located MENINO, MAYOR OF BOSTON, ENZI, Mr. GRASSLEY, Mr. THUNE, Mr. in rural areas of the United States that can- MASSACHUSETTS, FROM 1993 TO WICKER, Mr. CRAPO, Mr. HELLER, Mr. not support a full-service hospital, are crit- 2014 COCHRAN, Ms. HEITKAMP, Mr. TESTER, ical access points to health care for rural pa- Ms. BALDWIN, Mr. JOHNSON of South tients; Ms. WARREN (for herself and Mr. Dakota, Mr. DONNELLY, Mr. DURBIN, Whereas hospitals in rural areas of the MARKEY) submitted the following reso- Mr. FRANKEN, and Ms. HIRONO) sub- United States achieve high levels of perform- lution; which was considered and mitted the following resolution; which ance, according to standards for quality, pa- agreed to: was considered and agreed to: tient satisfaction, and operational effi- ciency, for the types of care most relevant to S. RES. 589 S. RES. 588 rural communities; Whereas Thomas Menino was born on De- Whereas access to quality health care serv- Whereas, in addition to the vital care that cember 27, 1942, in Readville, in the Hyde ices determines whether individuals in the rural health care providers provide to pa- Park neighborhood of Boston where he lived United States can remain in the commu- tients, rural health care providers are crit- his entire life; nities they call home and whether their chil- ical to the local economies of their commu- Whereas Thomas Menino was a devoted dren will return to those communities to nities and are one of the largest types of em- husband, a loving father, and an adoring raise families of their own; ployers in rural areas of the United States grandfather; Whereas more than 60,000,000 individuals in where, on average, 14 percent of total em- Whereas Thomas Menino was elected to rural areas of the United States rely on rural ployment is attributed to the health sector; the Boston City Council in 1983 to represent hospitals and other providers as critical ac- Whereas a hospital in a rural area of the District 5, including the Hyde Park neigh- cess points to health care; United States is typically one of the top 2 borhood where he lived; Whereas rural areas of the United States largest employers in that area; Whereas Thomas Menino served as City need quality health care services to attract Whereas 1 primary care physician in a Council president and became acting mayor and retain business and industry; rural community annually generates ap- of Boston in July 1993; Whereas, to ensure that communities in proximately $1,500,000 in total revenue, and 1 Whereas Thomas Menino was elected as the United States survive and flourish, Con- general surgeon in a rural community annu- the 53rd Mayor of Boston in November 1993, gress must address the unique health care ally generates approximately $2,700,000 in the first Italian-American mayor of the city needs of individuals in rural areas of the total revenue; of Boston; United States; Whereas the average Critical Access Hos- Whereas Mayor Menino subsequently was Whereas individuals in rural areas of the pital, a limited-service rural health care fa- elected to 4 additional terms, serving an un- United States are, per capita, older, poorer, cility, creates 107 jobs and generates precedented 20 years as Mayor of Boston; and sicker than individuals in urban areas of $4,800,000 in annual payroll, and the wages, Whereas Mayor Menino took pride in being the United States; salaries, and benefits provided by a Critical known as the ‘‘Urban Mechanic’’, focusing on Whereas, according to the Department of Access Hospital can amount to 20 percent of the nuts and bolts issues that kept the city Health and Human Services, ‘‘rural areas the output of a rural community’s economy; moving forward, from fixing potholes to have higher rates of poverty, chronic disease, Whereas hospitals in rural communities cleaning up public parks; and uninsurance, and millions of rural Amer- play a vital role in caring for the residents of Whereas Mayor Menino oversaw a period of icans have limited access to a primary care those communities and preserving the spe- growth and urban renewal in Boston, and provider’’; cial way of life that communities in the worked to make Boston a city of safe, livable Whereas, according to the Department of United States foster; and neighborhoods; Agriculture, individuals in rural areas of the Whereas the closure of a hospital in a rural Whereas Mayor Menino led the resurgence United States have higher rates of age-ad- community often results in severe economic of neighborhoods in Boston, from the water- justed mortality, disability, and chronic dis- decline in the community and the departure front and the innovation district of the wa- ease than individuals in urban areas of the of physicians, nurses, pharmacists, and other terfront to Dudley Square in Roxbury, cre- United States; health providers from the community, and ating a city with unbounded innovative po- Whereas the 20 percent of the population of forces patients to travel long distances for tential; the United States that lives in rural areas is care or to delay receiving care, leading to de- Whereas Mayor Menino committed himself scattered over 90 percent of the landmass of creased health outcomes, higher costs, and to being the ‘‘Education Mayor’’, using his the United States; added burden to patients: Now, therefore, be political will and courage to improve edu- Whereas the geography and weather of it cation for all the children in the city; rural areas of the United States can make Resolved, That the Senate— Whereas Mayor Menino was a powerful ad- accessing health care difficult, and cultural, (1) recognizes that access to hospitals and vocate for research institutions in Boston, social, and language barriers compound rural other health care providers for patients in including the world-class hospitals and uni- health challenges; rural areas of the United States is essential versities in the city;

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.033 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6212 CONGRESSIONAL RECORD — SENATE November 20, 2014

Whereas Mayor Menino stood firmly for tribal self-governance and self-determination S. RES. 591 full equality for every person in every com- and the commitment of the United States to Whereas November 16 through November munity in Boston, and focused on building improving the lives of all Native Americans 22, 2014, marks the 93rd annual observance of an open, accepting, and inclusive city; by— ‘‘American Education Week’’; Whereas Mayor Menino was a constant (1) enhancing health care and law enforce- Whereas public schools are the backbone of presence at public events throughout Boston, ment resources; democracy in the United States, providing greeting residents at countless ribbon (2) improving the housing and socio- young people with the tools necessary to cuttings, potluck dinners, and school plays; economic status of Native Americans; and maintain the values of freedom, civility, and Whereas more than half of city residents (3) approving settlements of litigation in- equality that are precious to the United said they had personally met the Mayor and volving Indian tribes and the United States; States; thousands said the Mayor had personally Whereas the United States is committed to Whereas by equipping young people in the touched their lives; strengthening the government-to-govern- United States with both practical skills and Whereas Mayor Menino led Boston with re- ment relationship that it has maintained broader intellectual abilities, public schools solve during times of both triumph and cri- with the various Indian tribes; give them hope for, and access to, a produc- sis, guiding the city following the terrorist Whereas Congress has recognized the con- tive future; attack at the 2013 Boston Marathon and tributions of the Iroquois Confederacy, and Whereas people working in the field of pub- demonstrating what it means to be ‘‘Boston the influence of the Confederacy on the lic education, whether teachers, higher edu- Strong’’; and Founding Fathers in the drafting of the Con- cation faculty and staff, paraeducators, Whereas Mayor Menino was one of the stitution of the United States with the con- custodians, substitute educators, bus drivers, great leaders in the almost 400-year history cepts of— clerical workers, food service professionals, of Boston, who transformed the city into a (1) freedom of speech; workers in skilled trades, health and student modern-day City on a Hill that is a model for (2) the separation of governmental powers; service workers, security guards, technical the United States and the world: Now, there- and employees, or librarians, work tirelessly to fore, be it (3) the system of checks and balances be- Resolved, That the Senate— serve children and communities throughout tween the branches of government; the United States with care and profes- (1) honors the lifetime of service by Mayor Whereas with the enactment of the Native Menino to the City of Boston and residents sionalism; and American Heritage Day Act of 2009 (Public Whereas public schools are community of the city; Law 111–33; 123 Stat. 1922), Congress— (2) affirms the lasting contributions by linchpins, bringing together adults, children, (1) reaffirmed the government-to-govern- Mayor Menino to the City of Boston and to educators, volunteers, business leaders, and ment relationship between the United States the United States; and elected officials in a common enterprise: and Native American governments; and (3) requests the Secretary of the Senate to Now, therefore, be it (2) recognized the important contributions prepare an official copy of this resolution for Resolved, That the Senate— of Native Americans to the culture of the presentation to the family of Mayor Thomas (1) supports the goals and ideals of Amer- United States; Menino. ican Education Week; and Whereas Native Americans have made dis- (2) encourages the people of the United f tinct and important contributions to the States to observe American Education Week SENATE RESOLUTION 590—RECOG- United States and the rest of the world in by reflecting on the positive impact of all in- NIZING NATIONAL NATIVE many fields, including the fields of agri- dividuals who work together to educate chil- culture, medicine, music, language, and art, dren. AMERICAN HERITAGE MONTH and Native Americans have distinguished AND CELEBRATING THE HERIT- themselves as inventors, entrepreneurs, spir- f AGES AND CULTURES OF NA- itual leaders, and scholars; TIVE AMERICANS AND THE CON- Whereas Native Americans have served AMENDMENTS SUBMITTED AND TRIBUTIONS OF NATIVE AMERI- with honor and distinction in the Armed PROPOSED CANS TO THE UNITED STATES Forces, and continue to serve in the Armed SA 3950. Mr. PORTMAN submitted an Forces in greater numbers per capita than amendment intended to be proposed by him Mr. TESTER (for himself, Mr. UDALL any other group in the United States; of New Mexico, Mr. WALSH, Mr. BEGICH, to the bill S. 2410, to authorize appropria- Whereas the United States has recognized tions for fiscal year 2015 for military activi- Mr. WYDEN, Mr. BARRASSO, Mr. THUNE, the contribution of the Native American ties of the Department of Defense, for mili- Ms. STABENOW, Mr. INHOFE, Ms. code talkers in World War I and World War tary construction, and for defense activities HEITKAMP, Mr. MARKEY, Mr. MORAN, II, who used indigenous languages as an un- of the Department of Energy, to prescribe Ms. BALDWIN, Mr. JOHNSON of South breakable military code, saving countless military personnel strengths for such fiscal Dakota, Mr. SCHATZ, Mr. KAINE, Mr. lives in the United States; and year, and for other purposes; which was or- CRAPO, Mrs. FEINSTEIN, Mrs. MURRAY, Whereas the people of the United States dered to lie on the table. Mr. FRANKEN, Mr. HEINRICH, Ms. have reason to honor the great achievements SA 3951. Mr. PORTMAN submitted an and contributions of Native Americans and HIRONO, Mr. HELLER, Mr. MERKLEY, Ms. amendment intended to be proposed by him their ancestors: Now, therefore, be it CANTWELL, Mr. COCHRAN, and Mr. REID to the bill S. 2410, supra; which was ordered Resolved, That the Senate— to lie on the table. of Nevada) submitted the following res- (1) recognizes the month of November 2014 olution; which was considered and SA 3952. Mr. PORTMAN submitted an as National Native American Heritage amendment intended to be proposed by him agreed to: Month; to the bill S. 2410, supra; which was ordered S. RES. 590 (2) recognizes the Friday after Thanks- to lie on the table. Whereas from November 1, 2014, through giving as ‘‘Native American Heritage Day’’ SA 3953. Mr. MENENDEZ (for himself and November 30, 2014, the United States cele- in accordance with the Native American Her- Mr. BOOKER) submitted an amendment in- brates National Native American Heritage itage Day Act of 2009 (Public Law 111–33; 123 tended to be proposed by him to the bill S. Month; Stat. 1922); and 2410, supra; which was ordered to lie on the Whereas Native Americans are descendants (3) urges the people of the United States to table. of the original, indigenous inhabitants of observe National Native American Heritage SA 3954. Mr. BROWN (for himself and Mr. what is now the United States; Month and Native American Heritage Day BLUNT) submitted an amendment intended to Whereas the Bureau of the Census esti- with appropriate programs and activities. be proposed by him to the bill S. 2410, supra; mated in 2010 that there were more than f which was ordered to lie on the table. 5,000,000 individuals in the United States of SA 3955. Mr. REID (for Ms. LANDRIEU) sub- Native American descent; SENATE RESOLUTION 591—SUP- mitted an amendment intended to be pro- Whereas Native Americans maintain vi- PORTING THE GOALS AND posed by Mr. Reid, of NV to the bill S. 2410, brant cultures and traditions and hold a IDEALS OF AMERICAN EDU- supra; which was ordered to lie on the table. deeply rooted sense of community; CATION WEEK SA 3956. Mr. RUBIO submitted an amend- Whereas Native Americans have moving ment intended to be proposed by him to the stories of tragedy, triumph, and persever- Mr. REID of Nevada (for Mrs. HAGAN bill S. 2410, supra; which was ordered to lie ance that need to be shared with future gen- (for herself, Mr. KIRK, Mrs. MURRAY, on the table. erations; Mr. BROWN, Mr. JOHNSON of South Da- SA 3957. Mr. REID (for Mr. HARKIN) pro- Whereas Native Americans speak and pre- kota, Ms. MIKULSKI, Ms. BALDWIN, Mr. posed an amendment to the bill H.R. 669, to serve indigenous languages, which have con- improve the health of children and help bet- DURBIN, Ms. WARREN, Mr. WYDEN, Mr. tributed to the English language by being ter understand and enhance awareness about used as names of individuals and locations CARDIN, and Mr. LEVIN)) submitted the unexpected sudden death in early life. throughout the United States; following resolution; which was re- SA 3958. Mr. REID (for Mr. HARKIN) pro- Whereas Congress has consistently re- ferred to the Committee on Health, posed an amendment to the bill H.R. 669, affirmed the support of the United States of Education, Labor, and Pensions: supra.

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.035 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 20, 2014 CONGRESSIONAL RECORD — SENATE S6213 TEXT OF AMENDMENTS year, and for other purposes; which was priations for fiscal year 2015 for mili- SA 3950. Mr. PORTMAN submitted an ordered to lie on the table; as follows: tary activities of the Department of amendment intended to be proposed by At the end of title XI, add the following: Defense, for military construction, and him to the bill S. 2410, to authorize ap- SEC. 1105. TEMPORARY AUTHORITIES FOR CER- for defense activities of the Depart- TAIN POSITIONS AT DEPARTMENT ment of Energy, to prescribe military propriations for fiscal year 2015 for OF DEFENSE RESEARCH AND ENGI- military activities of the Department NEERING FACILITIES. personnel strengths for such fiscal of Defense, for military construction, Section 1107 of the National Defense Au- year, and for other purposes; which was and for defense activities of the De- thorization Act for Fiscal Year 2014 (Public ordered to lie on the table; as follows: partment of Energy, to prescribe mili- Law 113–66; 127 Stat. 887; 10 U.S.C. 2358 note) At the end of subtitle E of title X, add the tary personnel strengths for such fiscal is amended— following: (1) in subsection (a), by adding at the end year, and for other purposes; which was the following new paragraph: SEC. 1047. LIMITATION ON DEACTIVATION OR RE- ordered to lie on the table; as follows: LOCATION OF MOBILIZATION-DEMO- ‘‘(3) STUDENTS ENROLLED IN SCIENTIFIC AND BILIZATION MISSION AT JOINT BASE At the end of subtitle F of title X, add the ENGINEERING PROGRAMS.—The director of any MCGUIRE-DIX-LAKEHURST, NEW following: STRL may appoint qualified candidates en- JERSEY. SEC. 1069. REPORTS ON IMPLEMENTATION OF rolled in a program of undergraduate or The Secretary of the Army may not deacti- NATIONAL RESEARCH COUNCIL graduate instruction leading to a bachelor’s vate the mobilization-demobilization mis- STUDY ON SPECIALIZED DEGREE- or advanced degree in a scientific, technical, GRANTING GRADUATE PROGRAMS. sion at Joint Base McGuire-Dix-Lakehurst, engineering, or mathematical course of New Jersey, or relocate such mission to an- (a) REPORTS.—Not later than 180 days after study at an institution of higher education other installation, until 30 days after the the date of the enactment of this Act, the (as that term is defined in section 102 of the Secretary of the Navy and the Secretary of date on which the Secretary submits to the Higher Education Act of 1965 (20 U.S.C. 1002)) congressional defense committees a report the Air Force shall each submit to the appro- to positions described in paragraph (3) of priate committees of Congress a report on setting forth a justification for the deactiva- subsection (b) as an employee in a laboratory tion or relocation of such mission, including the implementation by such Secretary of the described in that paragraph without regard recommendations in the report of the Na- an assessment of any costs to be incurred, to the provisions of subchapter I of chapter and cost-savings to be achieved, as a result tional Research Council of the National 33 of title 5, United States Code (other than Academy of Sciences entitled ‘‘Review of of the deactivation or relocation of such mis- sections 3303 and 3328 of such title).’’; sion. Specialized Degree-Granting Graduate Pro- (2) in subsection (b), by adding at the end grams of the Department of Defense in the following new paragraph: STEM and Management’’. SA 3954. Mr. BROWN (for himself and ‘‘(3) CANDIDATES ENROLLED IN SCIENTIFIC (b) MATTERS RELATING TO AIR FORCE RE- Mr. BLUNT) submitted an amendment AND ENGINEERING PROGRAMS.—The positions PORT.— described in this paragraph are scientific and intended to be proposed by him to the (1) CONSULTATION.—In preparing the report engineering positions that may be temporary bill S. 2410, to authorize appropriations required by subsection (a), the Secretary of or term in any laboratory designated by sec- for fiscal year 2015 for military activi- the Air Force shall consult with the AFIT tion 1105(a) of the National Defense Author- Foundation. ties of the Department of Defense, for ization Act for Fiscal Year 2010 as a Depart- (2) CERTAIN ELEMENTS.—The report of the military construction, and for defense ment of Defense science and technology re- Secretary of the Air Force under subsection activities of the Department of Energy, invention laboratory.’’; and (a) addressing recommendation 3-2 in the re- to prescribe military personnel (3) in subsection (c), by adding at the end port of the National Research Council de- strengths for such fiscal year, and for the following new paragraph: scribed in that subsection, regarding the ‘‘(3) In the case of a laboratory described in other purposes; which was ordered to chain of command of the Air Force Institute subsection (b)(3), with respect to appoint- lie on the table; as follows: of Technology, shall include the following: ment authority under subsection (a)(3), the (A) Options for alternative chains of com- At the end of subtitle H of title X, add the number equal to 3 percent of the total num- mand for the Air Force Institute of Tech- following: ber of scientific and engineering positions in nology, and an identification of the preferred SEC. ll. PROGRAM TO SUPPORT ESTABLISH- such laboratory that are filled as of the close alternative among such options. MENT OF INSTITUTES FOR MANU- of the fiscal year last ending before the start (B) An assessment of the effect of the chain FACTURING INNOVATION. of such calendar year.’’. of command, as recommended in such rec- (a) ESTABLISHMENT OF PROGRAM.— ommendation 3-2, on the ability of the Air (1) AUTHORITY.—The Secretary of Defense SA 3952. Mr. PORTMAN submitted an may establish a program (referred to in this Force Institute of Technology to support Air amendment intended to be proposed by Force space, cyberspace, intelligence, and section as the ‘‘Program’’) for the purposes global strike missions, and the nuclear en- him to the bill S. 2410, to authorize ap- set forth in paragraph (2). terprise. propriations for fiscal year 2015 for (2) PURPOSES OF PROGRAM.—The purposes of (C) A description of milestones and time- military activities of the Department the Program are as follows: tables for implementation of such rec- of Defense, for military construction, (A) To improve measurably the ability of ommendation 3-2. and for defense activities of the De- the United States manufacturing sector and (D) An assessment of the effects of imple- partment of Energy, to prescribe mili- to support military requirements and mis- mentation of such recommendation 3-2 on sions. tary personnel strengths for such fiscal (B) To help the United States meet na- the military and civilian workforces of the year, and for other purposes; which was Air Force. tional security needs by minimizing the risk (E) Such recommendations for legislative ordered to lie on the table; as follows: of dependence on foreign sources for critical action with respect to implementation of At the end of subtitle F of title X, add the components. such recommendation 3-2 as the Secretary following: (C) To stimulate United States leadership considers appropriate. SEC. 1069. REPORT ON REINVESTMENT OF OPER- in advanced manufacturing research, innova- (c) APPROPRIATE COMMITTEES OF CONGRESS ATIONAL COSTS OF THE JOINT SYS- tion, and technology that has a strong poten- TEMS MANUFACTURING CENTER. DEFINED.—In this section, the term ‘‘appro- tial to generate substantial benefits to the priate committees of Congress’’ means— Not later than 90 days after the date of the United States. (1) the Committee on Armed Services and enactment of this Act, the Secretary of the (D) To facilitate the transition of innova- the Committee on Homeland Security and Army shall submit to the congressional de- tive and transformative technologies into Governmental Affairs of the Senate; and fense committees a report on the analysis, scalable, cost-effective, and high-performing (2) the Committee on Armed Services and plans, and recommendations of the Army on manufacturing capabilities. the Committee on Oversight and Govern- means by which the operational costs associ- (E) To facilitate access by manufacturing ment Reform of the House of Representa- ated with the Joint Systems Manufacturing enterprises to capital-intensive infrastruc- tives. Center could be equitably applied for long- ture, including high-performance computing, term sustainability of that facility. The re- in order to improve the speed with which SA 3951. Mr. PORTMAN submitted an port may include such recommendations for such enterprises commercialize new proc- amendment intended to be proposed by legislative or administrative action as the esses and technologies. him to the bill S. 2410, to authorize ap- Secretary considers appropriate to imple- (F) To facilitate the execution of— ment any plans and recommendations set (i) joint research and development projects propriations for fiscal year 2015 for forth in the report. military activities of the Department between industry partners; and (ii) cost-shared research projects between of Defense, for military construction, SA 3953. Mr. MENENDEZ (for himself the public and private sector. and for defense activities of the De- and Mr. BOOKER) submitted an amend- (G) To accelerate measurably the develop- partment of Energy, to prescribe mili- ment intended to be proposed by him ment of a skilled defense advanced manufac- tary personnel strengths for such fiscal to the bill S. 2410, to authorize appro- turing workforce.

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.039 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6214 CONGRESSIONAL RECORD — SENATE November 20, 2014 (H) To facilitate peer exchange of and the (E) Development or updating of industry- (x) How the institute will strengthen and documentation of best practices in address- led, shared-vision technology roadmaps for leverage the assets of a region to support ing advanced manufacturing challenges. the development of technologies underpin- military requirements and missions. (I) To leverage non-Federal sources of sup- ning next-generation or transformational in- (3) LIMITATIONS ON AWARDS.— port to promote a stable and sustainable novations, developed in coordination with (A) IN GENERAL.—No funding may be pro- business model without the need for long- government organizations. vided under the Program to an institute for term Federal funding. (F) Outreach and engagement with small- manufacturing innovation after the five-year (3) SUPPORT.—If the Secretary establishes and medium-sized manufacturing enter- period beginning on the date on which the the Program, the Secretary shall carry out prises, in addition to large manufacturing Secretary first awards funding to an insti- the purposes set forth in paragraph (2) by enterprises. tute under the Program. supporting the establishment of one or more (G) Coordinate with the Defense Produc- (B) MATCHING FUNDS AND WEIGHTED PREF- institutes for manufacturing innovation. tion Act Committee on defense industrial ERENCES.—The total Federal funding award- (4) METRICS.—If the Secretary establishes base matters. ed to an institute for manufacturing innova- the Program, the Secretary shall— (H) Such other activities as the Secretary, tion, including funding awarded under the (A) develop metrics for each institute for in consultation with Federal departments Program, during a five-year period shall not manufacturing innovation supported under and agencies whose missions contribute to or exceed 50 percent of the total funding of the the Program to measure achievement of the are affected by advanced manufacturing, institute during that period. purposes of the Program; and considers consistent with the purposes de- (d) ADDITIONAL AUTHORITIES.— (B) implement procedures for evaluation of scribed in subsection (a)(2). (1) APPOINTMENT OF PERSONNEL AND CON- such institutes based on such metrics. TRACTS.—The Secretary may appoint such (b) INSTITUTES FOR MANUFACTURING INNO- (c) FUNDING FOR INSTITUTES FOR MANUFAC- personnel and enter into such contracts, VATION.— TURING INNOVATION.— funding agreements, and other agreements (1) IN GENERAL.—For purposes of this sec- (1) IN GENERAL.—In carrying out the Pro- as the Secretary considers necessary or ap- tion, an ‘‘institute for manufacturing inno- gram, the Secretary of Defense may provide propriate to carry out the Program, includ- vation’’ is an institute that— funding for planning, establishing, or sup- ing support for research and development ac- (A) has been established by a person or porting an institute for manufacturing inno- tivities involving an institute for manufac- group of persons to address defense chal- vation. turing innovation. lenges in advanced manufacturing and to as- (2) SELECTION.— (2) ACCEPTANCE OR TRANSFER OF FUNDS.— sist manufacturers in retaining or expanding (A) COMPETITIVE, MERIT REVIEW.—In award- The Secretary may accept from or transfer industrial production of defense systems in ing funding under paragraph (1), the Sec- to other Federal agencies, or State or local the United States; retary shall use appropriate, competitive, governments, such sums as the Secretary (B) has a predominant focus on research merit review. considers necessary or appropriate to carry and development of manufacturing proc- (B) COLLABORATION.—In awarding funding out the Program. esses, novel materials, enabling tech- under paragraph (1), the Secretary shall col- (3) USE OF RESOURCES.—In furtherance of nologies, supply chain integration practices, laborate with Federal departments and agen- the purposes of the Program, the Secretary or such other aspects of advanced manufac- cies whose missions contribute to or are af- may use, with the consent of a covered enti- turing as the Secretary considers relevant, fected by advanced manufacturing. ty and with or without reimbursement, the with the potential— (C) CONSIDERATIONS.—In awarding funding land, services, equipment, personnel, and fa- (i) to ensure domestic sources for critical to plan, establish, or support an institute for cilities of such covered entity. defense materiel; manufacturing innovation, the Secretary (4) ACCEPTANCE OF RESOURCES.—In addition (ii) to create or maintain a technical mili- to amounts appropriated to carry out the tary advantage; shall consider, at a minimum, the following: Program, the Secretary may accept funds, (iii) to improve the competitiveness of (i) The potential of the institute for manu- services, equipment, personnel, and facilities United States manufacturing, in support of facturing innovation to advance domestic from any covered entity to carry out the enhancing the affordability of defense sys- defense manufacturing and the likelihood of tems; military impact in the predominant focus Program pursuant to section 2601 of title 10, (iv) to accelerate non-Federal investment areas of the institute for manufacturing in- United States Code. in advanced defense manufacturing produc- novation. (5) COVERED ENTITY.—For purposes of this tion capacity in the United States; (ii) The commitment of continued finan- subsection, a covered entity is any Federal (v) to increase measurably the non-Federal cial support, advice, participation, and other department, Federal agency, instrumen- investment in advanced manufacturing re- contributions from non-Federal sources, to tality of the United States, State, local gov- search; and provide leverage and resources to promote a ernment, tribal government, Territory or (vi) to enable the commercial application stable and sustainable business model with- possession of the United States, or of any po- of new technologies or industry-wide manu- out the need for long-term Federal funding. litical subdivision thereof, or international facturing processes so as to improve the af- (iii) Whether the financial support pro- organization, or any public or private entity fordability of defense systems; and vided to the institute from non-Federal or individual. (C) includes active participation among sources significantly outweighs the re- representatives from multiple industrial en- quested Federal funding. SA 3955. Mr. REID (for Ms. LANDRIEU) tities, research universities, community col- (iv) How the institute will support core De- submitted an amendment intended to leges, and such other entities as the Sec- partment of Defense missions and address be proposed by Mr. REID of Nevada to retary considers appropriate, which may in- key technology priorities. the bill S. 2410, to authorize appropria- clude industry-led consortia, career and (v) How the institute will increase the non- tions for fiscal year 2015 for military technical education schools, Federal labora- Federal investment in advanced defense activities of the Department of De- tories, State, local, and tribal governments, manufacturing research in the United fense, for military construction, and businesses, educational institutions, and States. for defense activities of the Depart- nonprofit organizations. (vi) How the institute will engage with ment of Energy, to prescribe military (2) ACTIVITIES.—Activities of an institute small- and medium-sized manufacturing en- for manufacturing innovation may include terprises, to improve the capacity of such en- personnel strengths for such fiscal the following: terprises to commercialize new processes and year, and for other purposes; which was (A) Research, development, and demonstra- technologies. ordered to lie on the table; as follows: tion projects, including proof-of-concept de- (vii) How the institute will carry out edu- At the end of subtitle H of title X, add the velopment and prototyping, to reduce the cational and workforce activities that meet following: cost, time, and risk of commercializing new industrial needs related to the predominant SEC. 1087. LOAN GUARANTEES FOR MEDICAL ISO- technologies and improvements in existing focus areas of the institute for manufac- TOPE PRODUCTION. technologies, processes, products, and re- turing innovation, including activities fo- (a) IN GENERAL.—Notwithstanding section search and development of materials to solve cused on veterans and military dependents. 1703(a) of the Energy Policy Act of 2005 (42 pre-competitive industrial problems with (viii) How the institute will advance eco- U.S.C. 16513(a)), any medical isotope produc- economic or national security implications. nomic competitiveness both globally and do- tion facility used to produce molybdenum-99 (B) Development and implementation of mestically and generate substantial benefits (including nuclear reactors that use either education and training courses, materials, to the United States that extend beyond the high or low enriched uranium, nonreactor, and programs. direct return to participants in the Program. accelerator-driven irradiation facilities, and (C) Development of workforce recruitment, (ix) Whether the predominant focus of the associated radioisotope processing, waste training, retention, and exchange programs institute is a manufacturing process, novel management, and support facilities) shall be and initiatives. material, enabling technology, supply chain considered to be an advanced nuclear energy (D) Development of innovative methodolo- integration methodology, or other relevant facility that is eligible for a guarantee under gies and practices for supply chain integra- aspect of advanced manufacturing that has section 1703 of that Act. tion and introduction of new technologies not already been commercialized, marketed, (b) FUNDING.—The matter under the head- into supply chains. distributed, or sold by another entity. ing ‘‘TITLE 17 INNOVATIVE TECHNOLOGY LOAN

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GUARANTEE PROGRAM’’ in title III of division standards and requirements for the manage- (II) weather deck runoff, deck wash, aque- C of the Omnibus Appropriations Act, 2009 ment of discharges incidental to the normal ous film forming foam effluent, chain locker (Public Law 111–8; 123 Stat. 619) is amended operation of a vessel. effluent, non-oily machinery wastewater, un- by inserting ‘‘or medical isotope production SEC. 3603. DEFINITIONS. derwater ship husbandry effluent, welldeck facilities used to produce molybdenum-99’’ In this title: effluent, or fish hold and fish hold cleaning after ‘‘nuclear power facilities’’. (1) ADMINISTRATOR.—The term ‘‘Adminis- effluent; or trator’’ means the Administrator of the En- (III) any effluent from a properly func- SA 3956. Mr. RUBIO submitted an vironmental Protection Agency. tioning marine engine; or amendment intended to be proposed by (2) AQUATIC NUISANCE SPECIES.—The term (ii) a discharge of a pollutant into navi- him to the bill S. 2410, to authorize ap- ‘‘aquatic nuisance species’’ means a non- gable waters in connection with the testing, propriations for fiscal year 2015 for indigenous species (including a pathogen) maintenance, or repair of a system, equip- that threatens the diversity or abundance of ment, or engine described in subclause (I)(bb) military activities of the Department native species or the ecological stability of of Defense, for military construction, or (III) of clause (i) whenever the vessel is navigable waters or commercial, agricul- waterborne. and for defense activities of the De- tural, aquacultural, or recreational activi- (B) EXCLUSIONS.—The term ‘‘discharge in- partment of Energy, to prescribe mili- ties dependent on such waters. cidental to the normal operation of a vessel’’ tary personnel strengths for such fiscal (3) BALLAST WATER.— does not include— year, and for other purposes; which was (A) IN GENERAL.—The term ‘‘ballast water’’ (i) a discharge into navigable waters from ordered to lie on the table; as follows: means any water, including any sediment a vessel of— suspended in such water, taken aboard a ves- (I) rubbish, trash, garbage, incinerator ash, At the end of division C, add the following: sel— or other such material discharged overboard; TITLE XXXVI—VESSEL INCIDENTAL (i) to control trim, list, draught, stability, (II) oil or a hazardous substance as those DISCHARGE or stresses of the vessel; or terms are defined in section 311 of the Fed- (ii) during the cleaning, maintenance, or SEC. 3601. SHORT TITLE. eral Water Pollution Control Act (33 U.S.C. other operation of a ballast water treatment This title may be cited as the ‘‘Vessel Inci- 1321); technology of the vessel. dental Discharge Act’’. (III) sewage as defined in section 312(a)(6) (B) EXCLUSIONS.—The term ‘‘ballast water’’ SEC. 3602. FINDINGS; PURPOSE. does not include any pollutant that is added of the Federal Water Pollution Control Act (a) FINDINGS.—Congress makes the fol- to water described in subparagraph (A) that (33 U.S.C. 1322(a)(6)); or lowing findings: is not directly related to the operation of a (IV) graywater referred to in section (1) Beginning with enactment of the Act to properly functioning ballast water treatment 312(a)(6) of the Federal Water Pollution Con- Prevent Pollution from Ships in 1980 (22 technology under this title. trol Act (33 U.S.C. 1322(a)(6)); U.S.C. 1901 et seq.), the United States Coast (4) BALLAST WATER PERFORMANCE STAND- (ii) an emission of an air pollutant result- Guard has been the principal Federal author- ARD.—The term ‘‘ballast water performance ing from the operation onboard a vessel of a ity charged with administering, enforcing, standard’’ means the numerical ballast vessel propulsion system, motor driven and prescribing regulations relating to the water discharge standard set forth in section equipment, or incinerator; or discharge of pollutants from vessels engaged 151.2030 of title 33, Code of Federal Regula- (iii) a discharge into navigable waters from in maritime commerce and transportation. tions or section 151.1511 of title 33, Code of a vessel when the vessel is operating in a ca- (2) The Coast Guard estimates there are Federal Regulations, as applicable, or a re- pacity other than as a means of transpor- approximately 21,560,000 State-registered vised numerical ballast water performance tation on water. recreational vessels, 75,000 commercial fish- standard established under subsection (8) GEOGRAPHICALLY LIMITED AREA.—The ing vessels, and 33,000 freight and tank (a)(1)(B), (b), or (c) of section 3605. term ‘‘geographically limited area’’ means barges operating in United States waters. (5) BALLAST WATER TREATMENT TECHNOLOGY an area— (3) From 1973 to 2005, certain discharges in- OR TREATMENT TECHNOLOGY.—The term ‘‘bal- (A) with a physical limitation, including cidental to the normal operation of a vessel last water treatment technology’’ or ‘‘treat- limitation by physical size and limitation by were exempted by regulation from otherwise ment technology’’ means any mechanical, authorized route, that prevents a vessel from applicable permitting requirements. physical, chemical, or biological process operating outside the area, as determined by (4) Over the 32 years during which this reg- used, alone or in combination, to remove, the Secretary; or ulatory exemption was in effect, Congress render harmless, or avoid the uptake or dis- (B) that is ecologically homogeneous, as enacted statutes on a number of occasions charge of aquatic nuisance species within determined by the Secretary, in consultation dealing with the regulation of discharges in- ballast water. with the heads of other Federal departments cidental to the normal operation of a vessel, (6) BIOCIDE.—The term ‘‘biocide’’ means a or agencies as the Secretary considers appro- including— substance or organism, including a virus or priate. (A) the Act to Prevent Pollution from fungus, that is introduced into or produced (9) MANUFACTURER.—The term ‘‘manufac- Ships (33 U.S.C. 1901 et seq.) in 1980; by a ballast water treatment technology to turer’’ means a person engaged in the manu- (B) the Nonindigenous Aquatic Nuisance reduce or eliminate aquatic nuisance species facture, assemblage, or importation of bal- Prevention and Control Act of 1990 (16 U.S.C. as part of the process used to comply with a last water treatment technology. 4701 et seq.); ballast water performance standard under (10) SECRETARY.—The term ‘‘Secretary’’ (C) the National Invasive Species Act of this title. means the Secretary of the department in 1996 (110 Stat. 4073); (7) DISCHARGE INCIDENTAL TO THE NORMAL which the Coast Guard is operating. (D) section 415 of the Coast Guard Author- OPERATION OF A VESSEL.— (11) VESSEL.—The term ‘‘vessel’’ means ization Act of 1998 (112 Stat. 3434) and section (A) IN GENERAL.—The term ‘‘discharge inci- every description of watercraft or other arti- 623 of the Coast Guard and Maritime Trans- dental to the normal operation of a vessel’’ ficial contrivance used, or practically or oth- means— portation Act of 2004 (33 U.S.C. 1901 note), erwise capable of being used, as a means of (i) a discharge into navigable waters from which established interim and permanent re- transportation on water. quirements, respectively, for the regulation a vessel of— of vessel discharges of certain bulk cargo (I)(aa) ballast water, graywater, bilge SEC. 3604. REGULATION AND ENFORCEMENT. residue; water, cooling water, oil water separator ef- (a) IN GENERAL.—The Secretary, in con- (E) title XIV of division B of Appendix D of fluent, anti-fouling hull coating leachate, the Consolidated Appropriations Act, 2001 boiler or economizer blowdown, byproducts sultation with the Administrator, shall es- (114 Stat. 2763), which prohibited or limited from cathodic protection, controllable pitch tablish and implement enforceable uniform certain vessel discharges in certain areas of propeller and thruster hydraulic fluid, dis- national standards and requirements for the Alaska; tillation and reverse osmosis brine, elevator regulation of discharges incidental to the (F) section 204 of the Maritime Transpor- pit effluent, firemain system effluent, fresh- normal operation of a vessel. The standards tation Security Act of 2002 (33 U.S.C. 1902a), water layup effluent, gas turbine wash and requirements shall— which established requirements for the regu- water, motor gasoline and compensating ef- (1) be based upon the best available tech- lation of vessel discharges of agricultural fluent, refrigeration and air condensate ef- nology economically achievable; and cargo residue material in the form of hold fluent, seawater pumping biofouling preven- (2) supersede any permitting requirement washings; and tion substances, boat engine wet exhaust, or prohibition on discharges incidental to (G) title X of the Coast Guard Authoriza- sonar dome effluent, exhaust gas scrubber the normal operation of a vessel under any tion Act of 2010 (33 U.S.C. 3801 et seq.), which washwater, or stern tube packing gland ef- other provision of law. provided for the implementation of the fluent; or (b) ADMINISTRATION AND ENFORCEMENT.— International Convention on the Control of (bb) any other pollutant associated with Harmful Anti-Fouling Systems on Ships, the operation of a marine propulsion system, The Secretary shall administer and enforce 2001. shipboard maneuvering system, habitability the uniform national standards and require- (b) PURPOSE.—The purpose of this title is system, or installed major equipment, or ments under this title. Each State may en- to provide for the establishment of nation- from a protective, preservative, or absorp- force the uniform national standards and re- ally uniform and environmentally sound tive application to the hull of a vessel; quirements under this title.

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.041 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6216 CONGRESSIONAL RECORD — SENATE November 20, 2014 SEC. 3605. UNIFORM NATIONAL STANDARDS AND sult in a scientifically demonstrable and sub- paragraph (3) is accelerated, the Secretary REQUIREMENTS FOR THE REGULA- stantial reduction in the risk of introduction shall provide not less than 24 months notice TION OF DISCHARGES INCIDENTAL or establishment of aquatic nuisance species, before the accelerated deadline takes effect. TO THE NORMAL OPERATION OF A taking into account— MPLEMENTATION DEADLINE VESSEL. (3) I .—The re- (i) improvements in the scientific under- vised ballast water performance standard (a) REQUIREMENTS.— standing of biological and ecological proc- under paragraph (1) shall apply to a vessel (1) BALLAST WATER MANAGEMENT REQUIRE- esses that lead to the introduction or estab- beginning on the date of the first drydocking MENTS.— lishment of aquatic nuisance species; of the vessel on or after January 1, 2022, but (A) IN GENERAL.—Notwithstanding any (ii) improvements in ballast water treat- other provision of law, the requirements set not later than December 31, 2024. ment technology, including— forth in the final rule, Standards for Living (4) REVISED PERFORMANCE STANDARD COM- (I) the capability of such treatment tech- Organisms in Ships’ Ballast Water Dis- PLIANCE DEADLINES.— nology to achieve a revised ballast water charged in U.S. Waters (77 Fed. Reg. 17254 (A) IN GENERAL.—The Secretary may estab- performance standard; (March 23, 2012), as corrected at 77 Fed. Reg. lish a compliance deadline for compliance by (II) the effectiveness and reliability of such 33969 (June 8, 2012)), shall be the manage- a vessel (or a class, type, or size of vessel) treatment technology in the shipboard envi- ment requirements for a ballast water dis- with a revised ballast water performance ronment; standard under this subsection. charge incidental to the normal operation of (III) the compatibility of such treatment a vessel until the Secretary revises the bal- (B) PROCESS FOR GRANTING EXTENSIONS.—In technology with the design and operation of issuing regulations under this subsection, last water performance standard under sub- a vessel by class, type, and size; section (b) or adopts a more stringent State the Secretary shall establish a process for an (IV) the commercial availability of such owner or operator to submit a petition to the standard under subparagraph (B) of this treatment technology; and paragraph. Secretary for an extension of a compliance (V) the safety of such treatment tech- deadline with respect to the vessel of the (B) ADOPTION OF MORE STRINGENT STATE nology; owner or operator. STANDARD.—If the Secretary makes a deter- (iii) improvements in the capabilities to (C) PERIOD OF EXTENSIONS.—An extension mination in favor of a State petition under detect, quantify, and assess the viability of section 3610, the Secretary shall adopt the issued under subparagraph (B) may— aquatic nuisance species at the concentra- (i) apply for a period of not to exceed 18 more stringent ballast water performance tions under consideration; standard specified in the statute or regula- months from the date of the applicable dead- (iv) the impact of ballast water treatment line under subparagraph (A); and tion that is the subject of that State petition technology on water quality; and in lieu of the ballast water performance (ii) be renewable for an additional period of (v) the costs, cost-effectiveness, and im- not to exceed 18 months. standard in the final rule described under pacts of— subparagraph (A). (D) FACTORS.—In issuing a compliance (I) a revised ballast water performance deadline or reviewing a petition under this (2) INITIAL MANAGEMENT REQUIREMENTS FOR standard, including the potential impacts on paragraph, the Secretary shall consider, with DISCHARGES OTHER THAN BALLAST WATER.— shipping, trade, and other uses of the aquatic respect to the ability of an owner or operator Not later than 2 years after the date of en- environment; and actment of this Act, the Secretary, in con- to meet a compliance deadline, the following (II) maintaining the existing ballast water factors: sultation with the Administrator, shall issue performance standard, including the poten- (i) Whether the treatment technology to be a final rule establishing best management tial impacts on water-related infrastructure, installed is available in sufficient quantities practices for discharges incidental to the recreation, propagation of native fish, shell- to meet the compliance deadline. normal operation of a vessel other than bal- fish, and wildlife, and other uses of navigable (ii) Whether there is sufficient shipyard or last water. waters. other installation facility capacity. (b) REVISED BALLAST WATER PERFORMANCE (C) LOWER REVISED PERFORMANCE STAND- (iii) Whether there is sufficient avail- STANDARD; 8-YEAR REVIEW.— ARD.— ability of engineering and design resources. (1) IN GENERAL.—Subject to the feasibility (i) IN GENERAL.—If the Secretary, in con- (iv) Vessel characteristics, such as engine review under paragraph (2), not later than sultation with the Administrator, deter- January 1, 2022, the Secretary, in consulta- mines on the basis of the feasibility review room size, layout, or a lack of installed pip- tion with the Administrator, shall issue a and after an opportunity for a public hearing ing. final rule revising the ballast water perform- that no ballast water treatment technology (v) Electric power generating capacity ance standard under subsection (a)(1) so that can be certified under section 3606 to comply aboard the vessel. a ballast water discharge incidental to the with the revised ballast water performance (vi) Safety of the vessel and crew. normal operation of a vessel will contain— standard under paragraph (1), the Secretary (E) CONSIDERATION OF PETITIONS.— (A) less than 1 living organism per 10 cubic shall require the use of the treatment tech- (i) DETERMINATIONS.—The Secretary shall meters that is 50 or more micrometers in nology that achieves the performance levels approve or deny a petition for an extension minimum dimension; of the best treatment technology available. of a compliance deadline submitted by an (B) less than 1 living organism per 10 milli- (ii) IMPLEMENTATION DEADLINE.—If the Sec- owner or operator under this paragraph. liters that is less than 50 micrometers in retary, in consultation with the Adminis- (ii) DEADLINE.—If the Secretary does not minimum dimension and more than 10 mi- trator, determines that the treatment tech- approve or deny a petition referred to in crometers in minimum dimension; nology under clause (i) cannot be imple- clause (i) on or before the last day of the 90- (C) concentrations of indicator microbes mented before the implementation deadline day period beginning on the date of submis- that are less than— under paragraph (3) with respect to a class of sion of the petition, the petition shall be (i) 1 colony-forming unit of toxicogenic vessels, the Secretary shall extend the im- deemed approved. Vibrio cholera (serotypes O1 and O139) per plementation deadline for that class of ves- (c) FUTURE REVISIONS OF VESSEL INCI- 100 milliliters or less than 1 colony-forming sels for not more than 36 months. DENTAL DISCHARGE STANDARDS; DECENNIAL unit of that microbe per gram of wet weight (iii) COMPLIANCE.—If the implementation REVIEWS.— of zoological samples; deadline under paragraph (3) is extended, the (1) REVISED BALLAST WATER PERFORMANCE (ii) 126 colony-forming units of escherichia Secretary shall recommend action to ensure STANDARDS.—The Secretary, in consultation coli per 100 milliliters; and compliance with the extended implementa- with the Administrator, shall complete a re- (iii) 33 colony-forming units of intestinal tion deadline under clause (ii). view, 10 years after the issuance of a final enterococci per 100 milliliters; and (D) HIGHER REVISED PERFORMANCE STAND- rule under subsection (b) and every 10 years (D) concentrations of such additional indi- ARD.— thereafter, to determine whether further re- cator microbes and of viruses as may be (i) IN GENERAL.—If the Secretary, in con- vision of the ballast water performance specified in regulations issued by the Sec- sultation with the Administrator, deter- standard would result in a scientifically de- retary in consultation with the Adminis- mines that ballast water treatment tech- monstrable and substantial reduction in the trator and such other Federal agencies as nology exists that exceeds the revised ballast risk of the introduction or establishment of the Secretary and the Administrator con- water performance standard under paragraph aquatic nuisance species. sider appropriate. (1) with respect to a class of vessels, the Sec- (2) REVISED STANDARDS FOR DISCHARGES (2) FEASIBILITY REVIEW.— retary shall revise the ballast water perform- OTHER THAN BALLAST WATER.—The Secretary, (A) IN GENERAL.—Not less than 2 years be- ance standard for that class of vessels to in- in consultation with the Administrator, may fore January 1, 2022, the Secretary, in con- corporate the higher performance standard. include in a decennial review under this sub- sultation with the Administrator, shall com- (ii) IMPLEMENTATION DEADLINE.—If the Sec- section best management practices for dis- plete a review to determine the feasibility of retary, in consultation with the Adminis- charges covered by subsection (a)(2). The achieving the revised ballast water perform- trator, determines that the treatment tech- Secretary shall initiate a rulemaking to re- ance standard under paragraph (1). nology under clause (i) can be implemented vise 1 or more best management practices for (B) CRITERIA FOR REVIEW OF BALLAST WATER before the implementation deadline under such discharges after a decennial review if PERFORMANCE STANDARD.—In conducting a paragraph (3) with respect to a class of ves- the Secretary, in consultation with the Ad- review under subparagraph (A), the Sec- sels, the Secretary shall accelerate the im- ministrator, determines that revising 1 or retary shall consider whether revising the plementation deadline for that class of ves- more of such practices would substantially ballast water performance standard will re- sels. If the implementation deadline under reduce the impacts on navigable waters of

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.044 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 20, 2014 CONGRESSIONAL RECORD — SENATE S6217 discharges incidental to the normal oper- service life of the system, as determined by (1) certifying the performance of each bal- ation of a vessel other than ballast water. the Secretary, so long as the system— last water treatment technology under this (3) CONSIDERATIONS.—In conducting a re- (1) is maintained in proper working condi- section; and view under paragraph (1), the Secretary, the tion; and (2) certifying laboratories to evaluate such Administrator, and the heads of other appro- (2) is maintained and used in accordance treatment technologies. priate Federal agencies as determined by the with the manufacturer’s specifications and SEC. 3607. EXEMPTIONS. Secretary, shall consider the criteria under any treatment technology certification con- (a) IN GENERAL.—No permit shall be re- section 3605(b)(2)(B). ditions imposed by the Secretary under this quired or prohibition enforced under any (4) REVISION AFTER DECENNIAL REVIEW.— section. other provision of law for, nor shall any The Secretary shall initiate a rulemaking to (e) CERTIFICATES OF TYPE APPROVAL FOR standards regarding a discharge incidental to revise the current ballast water performance THE TREATMENT TECHNOLOGY.— the normal operation of a vessel under this title apply to— standard after a decennial review if the Sec- (1) ISSUANCE.—If the Secretary approves a retary, in consultation with the Adminis- ballast water treatment technology for cer- (1) a discharge incidental to the normal op- trator, determines that revising the current tification under subsection (b), the Secretary eration of a vessel if the vessel is less than ballast water performance standard would shall issue a certificate of type approval for 79 feet in length and engaged in commercial result in a scientifically demonstrable and the treatment technology to the manufac- service (as defined in section 2101(5) of title substantial reduction in the risk of the in- turer in such form and manner as the Sec- 46, United States Code); (2) a discharge incidental to the normal op- troduction or establishment of aquatic nui- retary determines appropriate. eration of a vessel if the vessel is a fishing sance species. (2) CERTIFICATION CONDITIONS.—A certifi- vessel, including a fish processing vessel and SEC. 3606. TREATMENT TECHNOLOGY CERTIFI- cate of type approval issued under paragraph a fish tender vessel, (as defined in section CATION. (1) shall specify each condition imposed by 2101 of title 46, United States Code); (a) CERTIFICATION REQUIRED.—Beginning 60 the Secretary under subsection (c). (3) a discharge incidental to the normal op- days after the date that the requirements for (3) OWNERS AND OPERATORS.—A manufac- eration of a vessel if the vessel is a rec- testing protocols are issued under subsection turer that receives a certificate of type ap- reational vessel (as defined in section 2101(25) (i), no manufacturer of a ballast water treat- proval for the treatment technology under of title 46, United States Code); ment technology shall sell, offer for sale, or this subsection shall provide a copy of the introduce or deliver for introduction into (4) the placement, release, or discharge of certificate to each owner and operator of a interstate commerce, or import into the equipment, devices, or other material from a vessel on which the treatment technology is United States for sale or resale, a ballast vessel for the sole purpose of conducting re- installed. water treatment technology for a vessel un- search on the aquatic environment or its less the treatment technology has been cer- (f) INSPECTIONS.—An owner or operator who natural resources in accordance with gen- tified under this section. receives a copy of a certificate under sub- erally recognized scientific methods, prin- (b) CERTIFICATION PROCESS.— section (e)(3) shall retain a copy of the cer- ciples, or techniques; (1) EVALUATION.—Upon application of a tificate onboard the vessel and make the (5) any discharge into navigable waters manufacturer, the Secretary shall evaluate a copy of the certificate available for inspec- from a vessel authorized by an on-scene coor- ballast water treatment technology with re- tion at all times while the owner or operator dinator in accordance with part 300 of title spect to— is utilizing the treatment technology. 40, Code of Federal Regulations, or part 153 (A) the effectiveness of the treatment tech- (g) BIOCIDES.—The Secretary may not ap- of title 33, Code of Federal Regulations; nology in achieving the current ballast prove a ballast water treatment technology (6) any discharge into navigable waters water performance standard when installed under subsection (b) if— from a vessel that is necessary to secure the on a vessel (or a class, type, or size of vessel); (1) it uses a biocide or generates a biocide safety of the vessel or human life, or to sup- (B) the compatibility with vessel design that is a pesticide, as defined in section 2 of press a fire onboard the vessel or at a shore- and operations; the Federal Insecticide, Fungicide, and side facility; or (C) the effect of the treatment technology Rodenticide Act (7 U.S.C. 136), unless the (7) a sovereign immune vessel of a foreign on vessel safety; biocide is registered under that Act or the nation (including a time-chartered or voy- (D) the impact on the environment; Secretary, in consultation with Adminis- age-chartered vessel) when engaged in non- (E) the cost effectiveness; and trator, has approved the use of the biocide in commercial service. (F) any other criteria the Secretary con- such treatment technology; or (b) BALLAST WATER DISCHARGES.—No per- siders appropriate. (2) it uses or generates a biocide the dis- mit shall be required or prohibition enforced (2) APPROVAL.—If after an evaluation under charge of which causes or contributes to a under any other provision of law for, nor paragraph (1) the Secretary determines that violation of a water quality standard under shall any ballast water performance stand- the treatment technology meets the criteria, section 303 of the Federal Water Pollution ards under this title apply to— the Secretary may certify the treatment Control Act (33 U.S.C. 1313). (1) a ballast water discharge incidental to technology for use on a vessel (or a class, the normal operation of a vessel determined (h) PROHIBITION.— type, or size of vessel). by the Secretary to— (1) IN GENERAL.—Except as provided in (A) operate exclusively within a geographi- (3) SUSPENSION AND REVOCATION.—The Sec- paragraph (2), the use of a ballast water cally limited area; retary shall establish, by regulation, a proc- treatment technology by an owner or oper- (B) take up and discharge ballast water ex- ess to suspend or revoke a certification ator of a vessel shall not satisfy the require- clusively within 1 Captain of the Port Zone issued under this section. ments of this title unless it has been ap- (c) CERTIFICATION CONDITIONS.— established by the Coast Guard unless the proved by the Secretary under subsection (1) IMPOSITION OF CONDITIONS.—In certi- Secretary determines such discharge poses a (b). fying a ballast water treatment technology substantial risk of introduction or establish- (2) EXCEPTIONS.— under this section, the Secretary, in con- ment of an aquatic nuisance species; (A) COAST GUARD SHIPBOARD TECHNOLOGY sultation with the Administrator, may im- (C) operate pursuant to a geographic re- EVALUATION PROGRAM.—An owner or operator pose any condition on the subsequent instal- striction issued as a condition under section may use a ballast water treatment tech- lation, use, or maintenance of the treatment 3309 of title 46, United States Code, or an nology that has not been certified by the technology onboard a vessel as is necessary equivalent restriction issued by the country Secretary to comply with the requirements for— of registration of the vessel; or of this section if the technology is being (A) the safety of the vessel, the crew of the (D) continuously take on and discharge evaluated under the Coast Guard Shipboard vessel, and any passengers aboard the vessel; ballast water in a flow-through system that Technology Evaluation Program. (B) the protection of the environment; or does not introduce aquatic nuisance species (B) BALLAST WATER TREATMENT TECH- (C) the effective operation of the treat- into navigable waters; NOLOGIES CERTIFIED BY FOREIGN ENTITIES.— ment technology. (2) a ballast water discharge incidental to An owner or operator may use a ballast (2) FAILURE TO COMPLY.—The failure of an the normal operation of a vessel consisting water treatment technology that has not owner or operator to comply with a condi- entirely of water suitable for human con- been certified by the Secretary to comply tion imposed under paragraph (1) shall be sumption; or with the requirements of this section if the considered a violation of this section. (3) a ballast water discharge incidental to technology has been certified by a foreign (d) PERIOD FOR USE OF INSTALLED TREAT- the normal operation of a vessel in an alter- entity and the certification demonstrates MENT EQUIPMENT.—Notwithstanding any- native compliance program established pur- performance and safety of the treatment thing to the contrary in this title or any suant to section 3608. technology equivalent to the requirements of other provision of law, the Secretary shall (c) VESSELS WITH PERMANENT BALLAST this section, as determined by the Secretary. allow a vessel on which a system is installed WATER.—No permit shall be required or pro- and operated to meet a ballast water per- (i) TESTING PROTOCOLS.—Not later than 180 hibition enforced under any other provision formance standard under this title to con- days after the date of enactment of this Act, of law for, nor shall any ballast water per- tinue to use that system, notwithstanding the Administrator, in consultation with the formance standard under this title apply to, any revision of a ballast water performance Secretary, shall issue requirements for land- a vessel that carries all of its permanent bal- standard occurring after the system is or- based and shipboard testing protocols or cri- last water in sealed tanks that are not sub- dered or installed until the expiration of the teria for— ject to discharge.

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(d) VESSELS OF THE ARMED FORCES.—Noth- requesting the Secretary to review the stat- improve the quality and consistency of the ing in this title shall be construed to apply ute or regulation. data collected at such death scenes and to to— (2) CONTENTS; DEADLINE.—A petition shall— promote consistent reporting on the cause of (1) a vessel owned or operated by the De- (A) be accompanied by the scientific and death after autopsy to inform prevention, partment of Defense (other than a time-char- technical information on which the petition intervention, and other activities. tered or voyage-chartered vessel); or is based; and (b) REPORT TO CONGRESS.—Not later than 2 (2) a vessel of the Coast Guard, as des- (B) be submitted to the Secretary not later years after the date of enactment of this ignated by the Secretary of the department than 90 days after the date of enactment of Act, the Secretary of Health and Human in which the Coast Guard is operating. this Act. Services shall submit to Congress a report SEC. 3608. ALTERNATIVE COMPLIANCE PRO- (3) DETERMINATIONS.—The Secretary shall that includes a description of any activities GRAM. make a determination on a petition under that are being carried out by agencies within (a) IN GENERAL.—The Secretary, in con- this subsection not later than 90 days after the Department of Health and Human Serv- sultation with the Administrator, may pro- the date that the petition is received. ices, including the Centers for Disease Con- mulgate regulations establishing 1 or more SEC. 3611. APPLICATION WITH OTHER STATUTES. trol and Prevention and the National Insti- compliance programs as an alternative to Notwithstanding any other provision of tutes of Health, related to stillbirth, sudden ballast water management regulations law, this title shall be the exclusive statu- unexpected infant death, and sudden unex- issued under section 3605 for a vessel that— tory authority for regulation by the Federal plained death in childhood, including those (1) has a maximum ballast water capacity Government of discharges incidental to the activities identified under subsection (a). of less than 8 cubic meters; normal operation of a vessel to which this SEC. 3. NO ADDITIONAL APPROPRIATIONS. (2) is less than 3 years from the end of the title applies. Except as provided under sec- This Act shall not be construed to increase useful life of the vessel, as determined by the tion 3605(a)(1)(A), any regulation in effect on the amount of appropriations that are au- Secretary; or the date immediately preceding the effective thorized to be appropriated for any fiscal (3) discharges ballast water into a facility date of this Act relating to any permitting year. for the reception of ballast water that meets requirement for or prohibition on discharges f standards promulgated by the Adminis- incidental to the normal operation of a ves- trator, in consultation with the Secretary. sel to which this title applies shall be AUTHORITY FOR COMMITTEES TO (b) PROMULGATION OF FACILITY STAND- deemed to be a regulation issued pursuant to MEET ARDS.—Not later than 1 year after the date of the authority of this title and shall remain COMMITTEE ON COMMERCE, SCIENCE, AND enactment of this Act, the Administrator, in in full force and effect unless or until super- TRANSPORTATION consultation with the Secretary, shall pro- seded by new regulations issued hereunder. Mr. WALSH. Mr. President, I ask mulgate standards for— unanimous consent that the Com- (1) the reception of ballast water from a SA 3957. Mr. REID (for Mr. HARKIN) mittee on Commerce, Science, and vessel into a reception facility; and proposed an amendment to the bill (2) the disposal or treatment of the ballast H.R. 669, to improve the health of chil- Transportation be authorized to meet water under paragraph (1). dren and help better understand and during the session of the Senate on No- SEC. 3609. JUDICIAL REVIEW. enhance awareness about unexpected vember 20, 2014, at 10 a.m. in room SR– (a) IN GENERAL.—An interested person may sudden death in early life; as follows: 253 of the Russell Senate Office Build- file a petition for review of a final regulation ing to conduct a hearing entitled, ‘‘Ex- Amend the title so as to read: ‘‘A bill to promulgated under this title in the United improve the health of children and help bet- amining Takata Airbag Defects and the States Court of Appeals for the District of ter understand and enhance awareness about Vehicle Recall Process.’’ Columbia Circuit. unexpected sudden death in early life.’’. The PRESIDING OFFICER. Without (b) DEADLINE.—A petition shall be filed not objection, it is so ordered. later than 120 days after the date that notice SA 3958. Mr. REID (for Mr. HARKIN) of the promulgation appears in the Federal COMMITTEE ON HEALTH, EDUCATION, LABOR, Register. proposed an amendment to the bill AND PENSIONS (c) EXCEPTION.—Notwithstanding sub- H.R. 669, to improve the health of chil- Mr. WALSH. Mr. President, I ask section (b), a petition that is based solely on dren and help better understand and unanimous consent that the Com- grounds that arise after the deadline to file enhance awareness about unexpected mittee on Health, Education, Labor, a petition under subsection (b) has passed sudden death in early life; as follows: and Pensions be authorized to meet may be filed not later than 120 days after the Strike all after the enacting clause and in- during the session of the Senate on No- date that the grounds first arise. sert the following: vember 20, 2014, at 10 a.m., in room SD– SEC. 3610. EFFECT ON STATE AUTHORITY. SECTION 1. SHORT TITLE. 430 of the Dirksen Senate Office Build- (a) IN GENERAL.—No State or political sub- This Act may be cited as the ‘‘Sudden Un- ing. division thereof may adopt or enforce any expected Death Data Enhancement and The PRESIDING OFFICER. Without statute or regulation of the State or polit- Awareness Act’’. objection, it is so ordered. ical subdivision with respect to a discharge SEC. 2. CONTINUING ACTIVITIES RELATED TO COMMITTEE ON HEALTH, EDUCATION, LABOR, incidental to the normal operation of a ves- STILLBIRTH, SUDDEN UNEXPECTED sel after the date of enactment of this Act. INFANT DEATH AND SUDDEN UNEX- AND PENSIONS (b) SAVINGS CLAUSE.—Notwithstanding PLAINED DEATH IN CHILDHOOD. Mr. WALSH. Mr. President, I ask subsection (a), a State or political subdivi- (a) IN GENERAL.—The Secretary of Health unanimous consent that the Com- sion thereof may enforce a statute or regula- and Human Services shall continue activi- mittee on Health, Education, Labor, tion of the State or political subdivision ties related to still birth, sudden unexpected and Pensions be authorized to meet with respect to ballast water discharges inci- infant death, and sudden unexplained death during the session of the Senate on No- dental to the normal operation of a vessel in childhood, including, as appropriate— that specifies a ballast water performance (1) collecting information, such as socio- vember 20, 2014, at 1 p.m., in room SD– standard that is more stringent than the bal- demographic, death scene investigation, 430 of the Dirksen Senate Office Build- last water performance standard under sec- clinical history, and autopsy information, on ing to conduct a hearing entitled ‘‘Why tion 3605(a)(1)(A) and is in effect on the date stillbirth, sudden unexpected infant death, Are Some Generic Drugs Skyrocketing of enactment of this Act if the Secretary, and sudden unexplained death in childhood in Price?’’ after consultation with the Administrator through the utilization of existing surveil- The PRESIDING OFFICER. Without and any other Federal department or agency lance systems and collaborating with States objection, it is so ordered. the Secretary considers appropriate, makes a to improve the quality, consistency, and col- COMMITTEE ON THE JUDICIARY lection of such data; determination that— Mr. WALSH. Mr. President, I ask (1) compliance with any performance (2) disseminating information to educate standard specified in the statute or regula- the public, health care providers, and other unanimous consent that the Com- tion can in fact be achieved and detected; stakeholders on stillbirth, sudden unex- mittee on the Judiciary be authorized (2) the technology and systems necessary pected infant death and sudden unexplained to meet during the session of the Sen- to comply with the statute or regulation are death in childhood; and ate, on November 20, 2014, at 10 a.m., in commercially available; and (3) collaborating with the Attorney Gen- room SD–226 of the Dirksen Senate Of- (3) the statute or regulation is consistent eral, State and local departments of health, fice Building. with obligations under relevant inter- and other experts, as appropriate, to provide The PRESIDING OFFICER. Without national treaties or agreements to which the consistent information for medical exam- objection, it is so ordered. United States is a party. iners and coroners, law enforcement per- COMMITTEE ON RULES AND ADMINISTRATION (c) PETITION PROCESS.— sonnel, and health care providers related to (1) SUBMISSION.—The Governor of a State death scene investigations and autopsies for Mr. WALSH. Mr. President, I ask seeking to enforce a statute or regulation sudden unexpected infant death and sudden unanimous consent that the Com- under subsection (b) shall submit a petition unexplained death in childhood, in order to mittee on Rules and Administration be

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.044 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 20, 2014 CONGRESSIONAL RECORD — SENATE S6219 authorized to meet during the session SEC. 2. CONTINUING ACTIVITIES RELATED TO vision requirements for outpatient thera- of the Senate on November 20, 2014, in STILLBIRTH, SUDDEN UNEXPECTED peutic services in critical access and small INFANT DEATH AND SUDDEN UNEX- rural hospitals through 2014. room S–216 of the Capitol, immediately PLAINED DEATH IN CHILDHOOD. following the floor vote at 2 p.m. (a) IN GENERAL.—The Secretary of Health There being no objection, the Senate The PRESIDING OFFICER. Without and Human Services shall continue activi- proceeded to consider the bill. objection, it is so ordered. ties related to still birth, sudden unexpected Mr. REID. Mr. President, I ask unan- PERMANENT SUBCOMMITTEE ON INVESTIGATIONS infant death, and sudden unexplained death imous consent that the bill be read a Mr. WALSH. Mr. President, I ask in childhood, including, as appropriate— third time, passed, and the motion to (1) collecting information, such as socio- reconsider be considered made and laid unanimous consent that the Perma- demographic, death scene investigation, nent Subcommittee on Investigations clinical history, and autopsy information, on upon the table. of the Committee on Homeland Secu- stillbirth, sudden unexpected infant death, The PRESIDING OFFICER. Without rity and Governmental Affairs be au- and sudden unexplained death in childhood objection, it is so ordered. thorized to meet during the session of through the utilization of existing surveil- The bill (H.R. 4067) was ordered to a the Senate on November 20, 2014, at 9:30 lance systems and collaborating with States third reading, was read the third time, a.m., to conduct a hearing entitled to improve the quality, consistency, and col- and passed. ‘‘Wall Street Bank Involvement With lection of such data; (2) disseminating information to educate f Physical Commodities.’’ the public, health care providers, and other The PRESIDING OFFICER. Without stakeholders on stillbirth, sudden unex- objection, it is so ordered. AMENDING THE FEDERAL CHAR- pected infant death and sudden unexplained TER OF THE VETERANS OF FOR- SELECT COMMITTEE ON INTELLIGENCE death in childhood; and EIGN WARS OF THE UNITED Mr. WALSH. Mr. President, I ask (3) collaborating with the Attorney Gen- STATES unanimous consent that the Select eral, State and local departments of health, Committee on Intelligence be author- and other experts, as appropriate, to provide Mr. REID. Mr. President, I ask unan- ized to meet during the session of the consistent information for medical exam- imous consent that the Senate proceed iners and coroners, law enforcement per- to the consideration of H.R. 5441. Senate on November 20, 2014, at 2:30 sonnel, and health care providers related to p.m. death scene investigations and autopsies for The PRESIDING OFFICER. The The PRESIDING OFFICER. Without sudden unexpected infant death and sudden clerk will report the bill by title. objection, it is so ordered. unexplained death in childhood, in order to The legislative clerk read as follows: f improve the quality and consistency of the A bill (H.R. 5441) to amend the Federal data collected at such death scenes and to charter of the Veterans of Foreign Wars of PRIVILEGES OF THE FLOOR promote consistent reporting on the cause of the United States to reflect the service of Mr. MURPHY. Mr. President, I ask death after autopsy to inform prevention, women in the Armed Forces of the United unanimous consent that Amanda Clin- intervention, and other activities. States. (b) REPORT TO CONGRESS.—Not later than 2 ton, a health care fellow in my office, years after the date of enactment of this There being no objection, the Senate be granted floor privileges for the re- Act, the Secretary of Health and Human proceeded to consider the bill. mainder of the calendar year. Services shall submit to Congress a report Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without that includes a description of any activities imous consent that the bill be read a objection, it is so ordered. that are being carried out by agencies within third time, passed, and the motion to f the Department of Health and Human Serv- reconsider be considered made and laid ices, including the Centers for Disease Con- upon the table. SUDDEN UNEXPECTED DEATH trol and Prevention and the National Insti- The PRESIDING OFFICER. Without DATA ENHANCEMENT AND tutes of Health, related to stillbirth, sudden objection, it is so ordered. AWARENESS ACT unexpected infant death, and sudden unex- The bill (H.R. 5441) was ordered to a Mr. REID. I ask unanimous consent plained death in childhood, including those activities identified under subsection (a). third reading, was read the third time, that the HELP Committee be dis- SEC. 3. NO ADDITIONAL APPROPRIATIONS. and passed. charged from further consideration of This Act shall not be construed to increase H.R. 669, and the Senate proceed to its the amount of appropriations that are au- f immediate consideration. thorized to be appropriated for any fiscal The PRESIDING OFFICER. Without year. STELA REAUTHORIZATION ACT OF objection, it is so ordered. The amendment was ordered to be 2014 The clerk will report the bill by title. engrossed and the bill to be read a Mr. REID. Mr. President, I ask unan- The legislative clerk read as follows: third time. imous consent that the Senate proceed A bill (H.R. 669) to amend the Public The bill was read the third time. to the consideration of H.R. 5728. Health Service Act to improve the health of The bill (H.R. 669), as amended, was children and help better understand and en- The PRESIDING OFFICER. The passed. clerk will report the bill by title. hance awareness about unexpected sudden The amendment (No. 3957) was agreed The legislative clerk read as follows: death in early life. to, as follows: A bill (H.R. 5728) to amend the Commu- There being no objection, the Senate (Purpose: To amend the title) proceeded to consider the bill. nications Act of 1934 and title 17, United Amend the title so as to read: ‘‘A bill to States Code, to extend expiring provisions Mr. REID. I ask unanimous consent improve the health of children and help bet- that the Harkin substitute amend- relating to the retransmission of signals of ter understand and enhance awareness about television broadcast stations, and for other ment, which is at the desk, be agreed unexpected sudden death in early life.’’. purposes. to; the bill, as amended, be read a third f time and passed, and the Harkin There being no objection, the Senate PROVIDING FOR THE EXTENSION amendment to the title, which is also proceeded to consider the bill. OF THE ENFORCEMENT INSTRUC- at the desk, be agreed to, with no in- Mr. LEAHY. Mr. President, today the TION ON SUPERVISION REQUIRE- tervening action or debate. Senate will finally act to send legisla- The PRESIDING OFFICER. Without MENTS FOR OUTPATIENT tion to the President’s desk that will objection, it is so ordered. THERAPEUTIC SERVICES IN ensure that Vermonters and 1.5 million The amendment (No. 3958) in the na- CRITICAL ACCESS AND SMALL Americans across the country will con- ture of a substitute was agreed to, as RURAL HOSPITALS tinue to receive satellite television follows: Mr. REID. Mr. President, I ask unan- programming at the end of the year. (Purpose: In the nature of a substitute) imous consent that the Senate proceed The legislation reauthorizes the Sat- ellite Television Extension and Local- Strike all after the enacting clause and in- to the consideration of H.R. 4067. sert the following: The PRESIDING OFFICER. The ism Act, STELA, which creates a dis- SECTION 1. SHORT TITLE. clerk will report the bill by title. tant signal statutory license to receive This Act may be cited as the ‘‘Sudden Un- The legislative clerk read as follows: broadcast television signals via sat- expected Death Data Enhancement and A bill (H.R. 4067) to provide for the exten- ellite. This legislation is the product of Awareness Act’’. sion of the enforcement instruction on super- four committees in the Senate and

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.049 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6220 CONGRESSIONAL RECORD — SENATE November 20, 2014 House. As chairman of the Senate Judi- legislation is a win for viewers in The bill (H.R. 5728) was ordered to a ciary Committee, I worked with Sen- Vermont and across the country. I look third reading, was read the third time, ator GRASSLEY on the copyright as- forward to the President signing it into and passed. pects of this legislation to focus on pre- law. venting disruption to consumers. Be- Mr. ROCKFELLER. Mr. President, f cause of our work together, the Judici- the bill being considered by the Senate ary Committee unanimously reported today represents what can happen EXPRESSING SUPPORT FOR THE its portion of this bill on June 26 and through hard work on both sides of the GOALS OF NATIONAL ADOPTION all of these provisions are in the bill aisle and in both chambers of Congress. DAY AND NATIONAL ADOPTION the Senate will pass today. The STELA Reauthorization Act of MONTH Sending this bill to the President 2014 will make sure that 1.5 million shows the American people that Con- Americans do not lose access to distant Mr. REID. Mr. President, I ask unan- gress can come together in a bipartisan broadcast network signals at the end of imous consent that the HELP Com- and bicameral fashion to pass legisla- the year. It also adopts a number of mittee be discharged from further con- tion. Vermonters who rely on the dis- pro-consumer video policy reforms, sideration and the Senate now proceed tant signal license for their broadcast many of which originated in the bill to the consideration of S. Res. 580. programming can rest easy today that Senator THUNE and I worked dili- The PRESIDING OFFICER. Without knowing that their existing television gently to pass through the Senate objection, it is so ordered. stations will not disappear from their Commerce Committee. I am proud of The clerk will report the resolution screens come December 31. this legislation, and pleased that it has by title. Over the years I have worked on the garnered the unanimous support of The legislative clerk read as follows: Judiciary Committee to ensure that all both the House and the Senate. A resolution (S. Res. 580) expressing sup- Vermonters have access to Vermont I know not everyone in this body port for the goals of National Adoption Day broadcast television stations. In pre- agreed with all of the specific policy and National Adoption Month by promoting vious reauthorizations, including provisions in the bill before us. But national awareness of adoption and the chil- STELA’s most recent reauthorization such is the nature of legislative com- dren awaiting families, celebrating children and families involved in adoption, and en- in 2010, I have made it a priority to en- promise. I was sympathetic with many sure that every Vermont satellite sub- couraging the people of the United States to of those policy concerns, but failing to secure safety, permanency, and well-being scriber has the option to watch reauthorize STELA and for all children. Vermont-focused programming. Local disenfranchising millions of television There being no objection, the Senate broadcast stations play an important viewers simply was not an option. I ap- proceeded to consider the resolution. role in informing and fostering a sense preciate my colleagues’ recognition of Mr. REID. I ask unanimous consent of community. This is particularly true this important fact. that the resolution be agreed to, the in a small State like mine. I am proud I want to thank Senator THUNE, as preamble be agreed to, and the motions to have made sure that residents in always, for his willingness to work to reconsider be considered made and every corner of Vermont will continue with me in a strong bipartisan manner laid upon the table. to have a choice to see Vermont news. throughout this year-long reauthoriza- The PRESIDING OFFICER. Without The Judiciary Committee portion of tion effort. I also want to thank Sen- objection, it is so ordered. this legislation reauthorizes the dis- ators LEAHY and GRASSLEY for their tant signal license for another 5 years. good work and contributions to this The resolution (S. Res. 580) was It is narrowly crafted to ensure that must-pass legislation. And I am grate- agreed to. consumers do not see any disruption in ful to Representatives Upton, Waxman, The preamble was agreed to. service, but also designed to make sure Walden, and Eshoo for working with us (The resolution, with its preamble, is that content holders who are paid roy- in good faith to find consensus on an printed in the RECORD of Monday, No- alties under this license continue to re- eminently reasonable compromise bill. vember 17, 2014, under ‘‘Submitted Res- ceive an annual cost of living adjust- Of course, legislation of this mag- olutions.’’) ment beginning from the rate that is nitude does not come about without currently in place. The distant signal dedicated and savvy staff. So, we all f license is important to consumers. I owe a debt of gratitude to the tireless recognize, however, that compulsory li- efforts of Ellen Doneski, John DRIVE SAFER SUNDAY censes do not always reflect the true Branscome, Shawn Bone, David Mr. REID. Mr. President, I ask unan- market value of the content that is Quinalty, and Hap Rigby, as well as imous consent that the Judiciary Com- being licensed. The mechanisms to House Energy and Commerce staff mittee be discharged from further con- modestly increase the rate when appro- David Redl, Grace Koh, Ray Baum, sideration of and the Senate now pro- priate remain in place. Through the Shawn Chang, Margaret McCarthy, and ceed to the consideration of S. Res. 583. Senate Judiciary Committee process, I David Grossman. Their commitment to The PRESIDING OFFICER. Without worked with Senator DURBIN, who of- public service is commendable, and the objection, it is so ordered. fered a non-controversial amendment American people ultimately will ben- The clerk will report the resolution to expand the carriage of low power efit from their work. by title. television stations on cable systems. I This legislation, and the debate The legislative clerk read as follows: was happy to support this amendment around it, has started what I believe because improving the reach of these will be a lasting conversation about A resolution (S. Res. 583) designating No- stations so that more viewers can see the future of the video marketplace. vember 30, 2014 as ‘‘Drive Safer Sunday.’’ them will help to expand the diversity Today’s action takes positive steps to- There being no objection, the Senate of voices available on cable. That is as ward a more consumer-centric video proceeded to consider the resolution. important in Burlington, VT as it is in policy in this country. More impor- Mr. REID. I ask unanimous consent Chicago. tantly, it also represents what can be that the resolution be agreed to, the I share the concerns of several Sen- accomplished when we all go about our preamble be agreed to, and the motions ators who wanted this legislation to do business legislating in a practical and to reconsider be considered made and more to promote competition. It is un- productive way. laid upon the table. fortunate that the House of Represent- Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without atives would not agree to the Senate’s imous consent that the bill be read objection, it is so ordered. stronger language in this regard, but I three times and passed, and the motion The resolution (S. Res. 583) was was willing to compromise because the to reconsider be considered made and agreed to. threat of letting the law expire was too laid upon the table with no intervening The preamble was agreed to. great. The language in the bill we will action or debate. (The resolution, with its preamble, is pass today is better than what was in The PRESIDING OFFICER. Without printed in today’s RECORD under ‘‘Sub- the original House bill. Overall, this objection, it is so ordered. mitted Resolutions.’’)

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.088 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 20, 2014 CONGRESSIONAL RECORD — SENATE S6221 ACCESS TO HOSPITALS AND Mr. TESTER. Mr. President, each Shannon County to Oglala Lakota OTHER HEALTH CARE PRO- November, we reflect on the tremen- County. These actions reflect a posi- VIDERS IN RURAL AREAS dous contributions Native Americans tive drive in the Native community; a Mr. REID. I ask unanimous consent have made and continue to make to drive that tribal, local, State and Fed- that the Senate proceed to the consid- our nation. As chairman of the Senate eral Governments cannot simply ig- Committee on Indian Affairs, I am hon- eration of S. Res. 588, submitted earlier nore. today. ored to continue that tradition by in- The PRESIDING OFFICER. The troducing this resolution, along with 26 As sovereign nations, tribes have the clerk will report the resolution by of my colleagues from both sides of the ability to empower and govern their title. aisle, honoring National Native Amer- own people. Native American leaders in The legislative clerk read as follows: ican Heritage Month. South Dakota and across the country A resolution (S. Res. 588) recognizing that Native Americans have contributed have recognized that preserving their access to hospitals and other health care immeasurably to the character and culture is vital to future growth and providers for patients in rural areas of the culture of the United States. They success. Native languages are being re- United States is essential to the survival and played an instrumental role as code vitalized and tribal cultures are being success of communities in the United States. talkers in both World Wars by using There being no objection, the Senate their Native languages on the battle- infused into programs. With its treaty proceeded to consider the resolution. field, and to this day, they continue to and trust responsibility, the Federal Mr. REID. I ask unanimous consent serve in the military at a higher rate Government must support this contin- that the resolution be agreed to, the per capita than any other group in the ued progress. I have always fully be- preamble be agreed to, and the motions country. In my home State of Mon- lieved that the best ideas come from to reconsider be laid upon the table tana, I am proud to represent more tribal governments and leaders, and with no intervening action or debate. than 5,000 Native American veterans, not from Washington, DC. We must The PRESIDING OFFICER. Without as well as eight great tribal nations. continue to work together to under- objection, it is so ordered. As we celebrate and commemorate stand and implement successful ap- The resolution (S. Res. 588) was the rich and diverse cultures and tradi- proaches. agreed to. tions of Native Americans nationwide, The preamble was agreed to. it is important to acknowledge the en- South Dakota is home to nine treaty (The resolution, with its preamble, is during challenges many tribal commu- tribes, each with its own distinct cul- printed in today’s RECORD under ‘‘Sub- nities face in meeting the education, ture and heritage. Throughout my mitted Resolutions.’’) healthcare and general welfare needs of years of service, I have had the oppor- f their people. tunity to work closely with many lead- HONORING THE LIFE OF THOMAS This month is an opportunity to re- ers from each reservation. I would like M. MENINO commit to strengthening the govern- to personally honor each of the South ment-to-government relationship be- Dakota tribes: Cheyenne River Sioux Mr. REID. I ask unanimous consent tween tribes and the United States. It that the Senate proceed to the consid- is also a reminder that the Federal Tribe, the Crow Creek Sioux Tribe, the eration of S. Res. 589. government has treaty and trust obli- Flandreau Santee Sioux Tribe, the The PRESIDING OFFICER. The gations to the 566 Federally recognized Lower Brule Sioux Tribe, the Oglala clerk will report the resolution by tribes, and we must do more to ensure Sioux Tribe, the Rosebud Sioux Tribe, title. they have the tools they need to build the Sisseton-Wahpeton Oyate, the The legislative clerk read as follows: stronger and healthier communities. Standing Rock Sioux Tribe, and the A resolution (S. Res. 589) honoring the life I look forward to continuing my Yankton Sioux Tribe. of Thomas M. Menino, Mayor of Boston, work with Indian Country, and I hope Massachusetts, from 1993 to 2014. my colleagues and the American people With the commencement of the Na- There being no objection, the Senate will join me in celebrating the accom- tional Native American Heritage proceeded to consider the resolution. plishments of Native Americans, not Month, I encourage everyone to join in Mr. REID. I ask unanimous consent just this month, but throughout the commemorating the unique culture of that the resolution be agreed to, the year. the indigenous peoples of the United preamble be agreed to, and the motions Mr. JOHNSON of South Dakota. Mr. States. Throughout the country, nu- to reconsider be considered made and President, each November, we recog- merous tribes and organizations are co- laid upon the table with no intervening nize National Native American Herit- action or debate. ordinating educational events and cele- age Month to celebrate the heritage brations. While the month of November The PRESIDING OFFICER. Without and culture of the great nations that is in tribute of traditions and accom- objection, it is so ordered. originally inhabited this country. Dur- plishments of tribal nations, it is im- The resolution (S. Res. 589) was ing this month, we should reflect on agreed to. the numerous achievements made over portant to contemplate the many more The preamble was agreed to. the previous year. Each day, individ- undertakings that must be addressed. (The resolution, with its preamble, is uals and organizations across Indian We must all continue to work together printed in today’s RECORD under ‘‘Sub- Country continually tackle tough to find positive solutions for Indian mitted Resolutions.’’) issues and strive to make significant Country. f impacts for their people and tribes. It Mr. REID. I ask unanimous consent NATIONAL NATIVE AMERICAN is these efforts that show the strength that the resolution be agreed to, the HERITAGE MONTH and vitality of Indian Country. preamble be agreed to, and the motions Mr. REID. I ask unanimous consent This year, across the Nation, Native American movements have unified and to reconsider be considered made and that the Senate proceed to the consid- laid upon the table with no intervening eration of S. Res. 590. rallied the Native voice on several im- The PRESIDING OFFICER. The portant issues to Indian County. Thou- action or debate. clerk will report the resolution by sands of individuals have come to- The PRESIDING OFFICER. Without title. gether on the steps of the U.S. Capitol objection, it is so ordered. The legislative clerk read as follows: to share their views on environmental protections, treaty rights and the use The resolution (S. Res. 590) was A resolution (S. Res. 590) recognizing Na- agreed to. tional Native American Heritage Month and of a racial slur by a professional sports celebrating the heritage and cultures of Na- league. A grassroots movement in The preamble was agreed to. tive Americans and the contributions of Na- South Dakota also spurred voters liv- (The resolution, with its preamble, is tive Americans to the United States. ing on the Pine Ridge Indian Reserva- printed in today’s RECORD under ‘‘Sub- There being no objection, the Senate tion to get out the vote and approve proceeded to consider the resolution. the change of their county name from mitted Resolutions.’’)

VerDate Sep 11 2014 06:53 Nov 21, 2014 Jkt 049060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.092 S20NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6222 CONGRESSIONAL RECORD — SENATE November 20, 2014 APPOINTING THE DAY FOR THE pursuant to this concurrent resolution by its be in a period of morning business until CONVENING OF THE FIRST SES- Majority Leader or his designee, it stand re- 5:30 p.m., with Senators permitted to SION OF THE ONE HUNDRED cessed or adjourned until noon on Monday, speak therein for up to 10 minutes FOURTEENTH CONGRESS December 1, 2014, or such other time on that each, and with the time equally divided day as may be specified by its Majority Mr. REID. I ask unanimous consent Leader or his designee in the motion to re- and controlled between the two leaders that the Senate proceed to the consid- cess or adjourn, or until the time of any re- or their designees. eration of H.J. Res. 129, which was re- assembly pursuant to section 3 of this con- The PRESIDING OFFICER. Without ceived from the House and is at the current resolution, whichever occurs first. objection, it is so ordered. SEC. 2. (a) The Speaker or his designee, desk. f after consultation with the Minority Leader The PRESIDING OFFICER. The of the House, shall notify Members of the PROGRAM clerk will report the joint resolution House to reassemble at such place and time by title. as he may designate if, in his opinion, the Mr. REID. Mr. President, for the in- The legislative clerk read as follows: public interest shall warrant it. formation of all Senators, there will be A joint resolution (H.J. Res. 129) appoint- (b) After reassembling pursuant to sub- two rollcall votes at 5:30 p.m.—cloture ing the day for the convening of the first ses- section (a), when the House adjourns on a on the Mamet and Bell nominations on sion of the One Hundred Fourteenth Con- motion offered pursuant to this subsection the Monday when we get back. by its Majority Leader or his designee, the gress. f There being no objection, the Senate House shall again stand adjourned pursuant to the first section of this concurrent resolu- proceeded to consider the joint resolu- ADJOURNMENT UNTIL MONDAY, tion. DECEMBER 1, 2014, at 2 P.M. tion. SEC. 3. (a) The Majority Leader of the Sen- Mr. REID. I ask unanimous consent ate or his designee, after concurrence with Mr. REID. Mr. President, if there is that the joint resolution be read three the Minority Leader of the Senate, shall no- no further business to come before the times and passed and the motion to re- tify the Members of the Senate to reassem- Senate, I ask unanimous consent that consider be considered made and laid ble at such place and time as he may des- it adjourn under the previous order. upon the table with no intervening ac- ignate if, in his opinion, the public interest There being no objection, the Senate, tion or debate. shall warrant it. at 7:22 p.m., adjourned until Monday, (b) After reassembling pursuant to sub- The PRESIDING OFFICER. Without section (a), when the Senate adjourns on a December 1, 2014, at 2 p.m. objection, it is so ordered. motion offered pursuant to this subsection f The joint resolution (H.J. Res. 129) by its Majority Leader or his designee, the was ordered to a third reading, was Senate shall again stand adjourned pursuant NOMINATIONS read the third time, and passed. to the first section of this concurrent resolu- Executive nominations received by f tion. the Senate: PROVIDING FOR A CONDITIONAL f THE JUDICIARY ADJOURNMENT OF THE HOUSE SIGNING AUTHORITY ANN DONNELLY, OF NEW YORK, TO BE UNITED STATES OF REPRESENTATIVES AND A DISTRICT JUDGE FOR THE EASTERN DISTRICT OF NEW Mr. REID. Mr. President, I ask unan- YORK, VICE SANDRA L. TOWNES, RETIRING. CONDITIONAL RECESS OR AD- ROSEANN A. KETCHMARK, OF MISSOURI, TO BE UNITED imous consent that during the adjourn- STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT JOURNMENT OF THE SENATE OF MISSOURI, VICE GARY A. FENNER, RETIRING. ment or recess of the Senate from TRAVIS RANDALL MCDONOUGH, OF TENNESSEE, TO BE Mr. REID. Mr. President, I ask unan- Thursday, November 20, through Mon- UNITED STATES DISTRICT JUDGE FOR THE EASTERN imous consent that the Senate proceed DISTRICT OF TENNESSEE, VICE CURTIS L. COLLIER, RE- day, December 1, 2014, the majority TIRED. to the consideration of H. Con. Res. 119, leader be authorized to sign duly en- which was received from the House and rolled bills or joint resolutions. f is at the desk. The PRESIDING OFFICER. Is there CONFIRMATIONS The PRESIDING OFFICER. The objection? Executive nominations confirmed by clerk will report the concurrent resolu- Without objection, it is so ordered. tion by title. the Senate November 20, 2014: The legislative clerk read as follows: f DEPARTMENT OF STATE A concurrent resolution (H. Con. Res. 119) APPOINTMENTS AUTHORITY DONALD LU, OF CALIFORNIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER– providing for a conditional adjournment of Mr. REID. Mr. President, I ask unan- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND the House of Representatives and a condi- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA tional recess or adjournment of the Senate imous consent that notwithstanding TO THE REPUBLIC OF ALBANIA. (Thanksgiving Week 2014). the upcoming recess or adjournment of UNITED STATES TAX COURT the Senate, the President pro tempore There being no objection, the Senate TAMARA WENDA ASHFORD, OF VIRGINIA, TO BE A and the majority and minority leaders JUDGE OF THE UNITED STATES TAX COURT FOR A TERM proceeded to consider the concurrent be authorized to make appointments to OF FIFTEEN YEARS. resolution. L. PAIGE MARVEL, OF MARYLAND, TO BE A JUDGE OF commissions, committees, boards, con- THE UNITED STATES TAX COURT FOR A TERM OF FIF- Mr. REID. Mr. President, I ask unan- ferences, or interparliamentary con- TEEN YEARS. imous consent that the concurrent res- ferences authorized by law, by concur- IN THE AIR FORCE olution be agreed to, and the motion to rent action of the two Houses, or by THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED reconsider be laid upon the table with order of the Senate. STATES OFFICERS FOR APPOINTMENT IN THE RESERVE no intervening action or debate. OF THE AIR FORCE TO THE GRADE INDICATED UNDER The PRESIDING OFFICER. Without TITLE 10, U.S.C., SECTIONS 12203 AND 12212: The PRESIDING OFFICER. Without objection, it is so ordered. To be major general objection, it is so ordered. The concurrent resolution (H. Con. f BRIGADIER GENERAL JON K. KELK Res. 119) was agreed to, as follows: THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED ORDERS FOR MONDAY, DECEMBER STATES OFFICER FOR APPOINTMENT IN THE RESERVE H. CON. RES. 119 OF THE AIR FORCE TO THE GRADE INDICATED UNDER 1, 2014 TITLE 10, U.S.C., SECTIONS 12203 AND 12212: Resolved by the House of Representatives (the To be brigadier general Senate concurring), That when the House ad- Mr. REID. Mr. President, I ask unan- journs on any legislative day from Thursday, imous consent that when the Senate COL. NATHANIEL S. REDDICKS November 20, 2014, through Friday, Novem- completes its business today, it ad- THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED STATES OFFICER FOR APPOINTMENT IN THE RESERVE ber 28, 2014, on a motion offered pursuant to journ under the provisions of H. Con. OF THE AIR FORCE TO THE GRADE INDICATED UNDER this concurrent resolution by its Majority Res. 119 until 2 p.m. on Monday, De- TITLE 10, U.S.C., SECTIONS 12203 AND 12212: Leader or his designee, it stand adjourned cember 1, 2014; that following the pray- To be major general until 2:00 p.m. on Monday, December 1, 2014, er and pledge, the morning hour be BRIG. GEN. JAMES C. WITHAM or until the time of any reassembly pursuant deemed expired, the Journal of pro- to section 2 of this concurrent resolution, DEPARTMENT OF STATE ceedings be approved to date, and the whichever occurs first; and that when the LUIS G. MORENO, OF TEXAS, A CAREER MEMBER OF Senate recesses or adjourns on any day from time for the two leaders be reserved for THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER– their use later in the day; that fol- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND Thursday, November 20, 2014, through Fri- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA day, November 28, 2014, on a motion offered lowing any leader remarks, the Senate TO JAMAICA.

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IN THE COAST GUARD PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA THE JUDICIARY TO THE REPUBLIC OF MOLDOVA. COAST GUARD NOMINATIONS BEGINNING WITH ANGELA BRENT ROBERT HARTLEY, OF OREGON, A CAREER MADELINE COX ARLEO, OF NEW JERSEY, TO BE UNITED R. HOLBROOK AND ENDING WITH MARTHA A. RODRIGUEZ, MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW WHICH NOMINATIONS WERE RECEIVED BY THE SENATE COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND JERSEY. AND APPEARED IN THE CONGRESSIONAL RECORD ON PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA WENDY BEETLESTONE, OF PENNSYLVANIA, TO BE JUNE 4, 2014. TO THE REPUBLIC OF SLOVENIA. UNITED STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT OF PENNSYLVANIA. THE JUDICIARY DEPARTMENT OF THE TREASURY VICTOR ALLEN BOLDEN, OF CONNECTICUT, TO BE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF PAMELA PEPPER, OF WISCONSIN, TO BE UNITED RAMIN TOLOUI, OF IOWA, TO BE A DEPUTY UNDER SEC- CONNECTICUT. STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT RETARY OF THE TREASURY. OF WISCONSIN. UNITED STATES TAX COURT DEPARTMENT OF STATE BRENDA K. SANNES, OF NEW YORK, TO BE UNITED STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT CARY DOUGLAS PUGH, OF VIRGINIA, TO BE A JUDGE OF PAMELA LEORA SPRATLEN, OF CALIFORNIA, A CAREER OF NEW YORK. THE UNITED STATES TAX COURT FOR A TERM OF FIF- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF TEEN YEARS. MINISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- DEPARTMENT OF STATE DINARY AND PLENIPOTENTIARY OF THE UNITED STATES DEPARTMENT OF DEFENSE OF AMERICA TO THE REPUBLIC OF UZBEKISTAN. GEORGE ALBERT KROL, OF NEW JERSEY, A CAREER ROBERT M. SPEER, OF VIRGINIA, TO BE AN ASSISTANT MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF FOREIGN SERVICE MINISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- SECRETARY OF THE ARMY. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES DEPARTMENT OF AGRICULTURE FOREIGN SERVICE NOMINATIONS BEGINNING WITH OF AMERICA TO THE REPUBLIC OF KAZAKHSTAN. LESLIE MEREDITH TSOU AND ENDING WITH LON C. FAIR- JAMES D. PETTIT, OF VIRGINIA, A CAREER MEMBER OF LISA AFUA SERWAH MENSAH, OF MARYLAND, TO BE CHILD, WHICH NOMINATIONS WERE RECEIVED BY THE THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER– UNDER SECRETARY OF AGRICULTURE FOR RURAL DE- SENATE AND APPEARED IN THE CONGRESSIONAL COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND VELOPMENT. RECORD ON JANUARY 30, 2014.

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