E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 114 CONGRESS, FIRST SESSION

Vol. 161 WASHINGTON, THURSDAY, JANUARY 29, 2015 No. 15 House of Representatives The House was not in session today. Its next meeting will be held on Friday, January 30, 2015, at 2 p.m. Senate THURSDAY, JANUARY 29, 2015

The Senate met at 9:30 a.m. and was SCHEDULE once again, of colleagues such as Sen- called to order by the President pro Mr. MCCONNELL. Mr. President, ator CANTWELL. tempore (Mr. HATCH). today we will have two stacks of votes The debate over these American jobs f culminating in passage of S. 1, the Key- has shown that with bipartisan co- operation, it is possible to get Wash- PRAYER stone bill. Senators should be expected to stay close to the floor as these will ington functioning again. This debate The Chaplain, Dr. Barry C. Black, of- be 10-minute votes. We will have five or is also proving the new Congress is fered the following prayer: six votes at 11 a.m. and four or five ready to work and work hard for the Let us pray. votes kicking off at 2:30 p.m. middle class, even in the teeth of oppo- O Lord of our life, You are a shield The Senate will be in session tomor- sition from powerful special interests. for America. Because of Your mercy row morning but no votes are expected. Let’s notch one more win for the and power, we lift our heads with opti- The first vote of next week will be at middle class by passing this important mism. When we cry aloud to You dur- 5:30 p.m. on Monday. infrastructure project. Constructing ing our moments of exasperation, You Keystone would pump literally billions answer us from Your Holy mountain. f into our economy. It would support We remain unafraid of what the future KEYSTONE ENERGY DEBATE thousands of good American jobs. As holds because You continue to sustain the President’s own State Department Mr. MCCONNELL. Mr. President, in us. the past few weeks we had a whirlwind, has indicated, it would do this with Lord, pour Your blessings upon our but the Keystone jobs debate has been minimal environmental impact. lawmakers so they will do Your will. important for the Senate and for our The Keystone infrastructure project Begin a spiritual awakening in our Na- country. We took about one dozen has been studied endlessly—endlessly— tion and let it begin with us. Help us to more rollcall votes on amendments from almost every possible angle. The know You better that we might love yesterday. That means the Senate has same general conclusion keeps becom- You more and thus be more useful to now taken more than twice as many of ing clear, build it. We need to build it. the advancement of Your Kingdom on these amendment votes on this bill Let’s make some progress for the Earth. alone than were offered or allowed all American people by voting to pass the We pray in Your Holy Name. Amen. of last year. Keystone jobs and infrastructure bill. f We obviously had a busy afternoon f yesterday, and we will continue it PLEDGE OF ALLEGIANCE RECOGNITION OF THE ACTING again today. It has been an instructive The President pro tempore led the MINORITY LEADER Pledge of Allegiance, as follows: exercise, too, because we learned about more than just the lesser prairie-chick- The PRESIDING OFFICER. The act- I pledge allegiance to the Flag of the ing minority leader is recognized. United States of America, and to the Repub- en. We also discovered something about lic for which it stands, one nation under God, this body. We learned that open floor f indivisible, with liberty and justice for all. debates and open amendment processes A CONSTRUCTIVE RELATIONSHIP f require hard work, they require dedi- cated Members, and they require con- Mr. DURBIN. Mr. President, let me RECOGNITION OF THE MAJORITY structive cooperation from across the say at the outset while the majority LEADER aisle. leader is still on the floor, it is true we The PRESIDING OFFICER (Mr. I thanked Senators HOEVEN and MUR- have had a constructive relationship HELLER). The majority leader is recog- KOWSKI for their work before. I thank during the last several weeks as we nized. them again now. I note the efforts, have considered this bill. Although

∑ 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 23:41 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JA6.000 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE S612 CONGRESSIONAL RECORD — SENATE January 29, 2015 those of us on the Democratic side a bipartisan basis and refused for over DREAM Act means. It is something, I don’t want to get comfortable in our a year and a half to address any aspect guess, of significance to stand and give minority status, we are determined to of immigration. In a fit of pique they a speech, but it truly doesn’t touch make sure it is, as described, a con- said: We are so angry President Obama people until they hear actual stories. structive relationship. is going to do something by way of Ex- The story I wish to tell today is of a To that end we have not used some of ecutive order, we are going to withhold young woman whom I know. I was just the tactics we have seen in past years. regular funding from the Department with her in Chicago. Her name is Karen We have not insisted on burning 30 that protects America from terrorism. Villagomez. She was brought to the hours and 60 hours at a time, causing What were they thinking? Look at United States at the age of 2. Inciden- people who subscribe to C–SPAN to call the world we live in: a world of Charlie tally, that was the same age my moth- their cable operators and say why am I Hebdo, a world of beheading of Japa- er was brought to the United States as paying for the Senate; nothing is hap- nese journalists, a world that is in dan- an immigrant. pening. Instead, we have tried to use ger of terrorist threat, and the United Karen was brought here at the age of that time to put together packages, bi- States has felt that danger. We will 2 from Mexico. She grew up in Chicago. partisan packages of amendments and never forget what happened on 9/11. She was an outstanding student, and we have been successful. After that experience, we made the De- she always had an interest in public I hope we can continue with that. As partment of Homeland Security a crit- service. In May of 2012 she graduated long as there is mutual respect, good ical, viable part of America’s defense from the University of Rochester in faith, and cooperation, I look forward against terrorism. New York with a major in political to in my role—as soon as Senator REID The Republicans have said: No, be- science. She was not only the first per- returns—as the whip on the Demo- fore we fund this agency, we have to son in her family to graduate from a 4- cratic side to do our best to continue have five riders on the appropriations year college—because Karen this constructive relationship. bill that attack President Obama. Then Villagomez is undocumented, she I have said it before and I will say it we might consider giving regular fund- didn’t receive one penny of government again. What we have seen over the last ing to this Department. One aspect of assistance. She made it through college several weeks is the Senate I remem- those riders is particularly troubling. on her own without any help because as ber, the Senate I was elected to, the It was 14 years ago that I introduced an undocumented young woman that Senate where there was active debate, the DREAM Act, a simple concept. was the only chance she had. deliberation, amendments. For some Children brought to the United States Just 1 month after she graduated, Members, it is a new experience. I hope by their parents who are undocu- President Obama created the DACA in our role as the minority we can mented should be given a chance—sim- Program. After she applied and cleared work with the Senators with a feeling ple. Children who were brought to the and received DACA protection from de- of mutual respect to achieve at least United States as infants and toddlers portation, she found a job as a para- debate on the floor, if not some signifi- and had no voice in the decision of legal in a law firm in Chicago, where cant legislation. their family and end up here undocu- she has been working for the last 2 Mr. MCCONNELL. If the Senator mented should be given a chance—a years. would yield. chance to complete school, to be good I saw her 1 week ago Friday. She was Mr. DURBIN. I would be happy to citizens, to go on to college, to serve in in Chicago, and she is amazing. She yield. the military, and then a path to legal served as an intern in my office. She is Mr. MCCONNELL. I thank the Sen- status. It is not a radical idea. one of the brightest, most engaging ator from Illinois for his comments. I At times many Republicans have people one could meet. She looked me agree, this has been good for the Sen- openly supported the DREAM Act. in the eye and said: Senator, I am ate, good for both parties, and good for When we couldn’t pass it I appealed to going to law school. I have just been America. We are getting back to nor- the President, at least protect these accepted. She is supposed to start this mal, and I thank the Senator for his DREAMers from being deported. These fall. But if the House Republicans have comments and for his cooperation. kids did nothing wrong. They were their way, this fall she will find herself Mr. DURBIN. I thank the majority brought here by their parents. Why being deported from the United States leader. hold these children accountable? The of America. f President agreed and 21⁄2 years ago cre- Think about it. All we have invested ated DACA. in her, all we have put into her life in DEPARTMENT OF HOMELAND DACA is an Executive order that says terms of education, not only K–12 but a SECURITY FUNDING to these young people who would other- college degree now, and the House Re- Mr. DURBIN. Mr. President, 29 days wise qualify for the DREAM Act, you publicans would say to Karen from today, on February 27, the De- come forward, you identify yourself, Villagomez: Thank you for being part partment of Homeland Security of the you let us make sure you have no of America, but no thanks, leave. Take United States of America will run out criminal record that would be of worry whatever skills you have, whatever de- of money. The only way to prevent this to anyone, pay your fee, and we will termination you have to make a dif- is for Congress to pass legislation to allow you to temporarily stay in the ference and take it someplace else. fund this Department. We should not United States as a student or a worker America doesn’t need your idealism, even be debating whether we are going without being deported. It is just that the House Republicans say. to fund the Department that protects simple. I couldn’t disagree with them more. America from terrorism threats, but We estimate 2 million young children If they have their way, Karen would that is fact. are eligible for the DREAM Act—2 mil- never attend law school. She will never Republicans in the House, when we lion—and 600,000 have already reg- be an attorney. She will be deported did the budget bill, insisted that we istered under DACA, the President’s back to Mexico, a country she hasn’t would fund the entire Federal Govern- Executive order. lived in since she was 2 years old. ment through September 30, except for What did the House Republicans say? Karen got up every morning in the the Department of Homeland Security. They said, before we will fund the De- classroom—just as we do on the Senate The reason they withheld regular budg- partment of Homeland Security pro- floor—and pledged allegiance to that et funding for that Department was tecting America against terrorism, you flag. That is the only flag she knows. they wanted to make a political point. have to deport the DREAMers, refuse When she sings the national anthem, it They are angered at President Obama to renew the DACA protection for is not the national anthem of Mexico, for stepping forward with Executive or- 600,000 who have signed up, and refuse it is the national anthem of the United ders on the issue of immigration, even to allow any new young person to sign States of America. Karen wants to be though the same House Republicans up for this protection. part of the future of this country. have refused for over a year and a half I have come to the floor for a long pe- Two weeks ago when she joined me at to call the comprehensive immigration riod of time and I will continue to be- Erie House in Chicago for a press con- reform bill that passed this Senate on cause I want people to know what the ference, this is what she said:

VerDate Sep 11 2014 23:41 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JA6.002 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE January 29, 2015 CONGRESSIONAL RECORD — SENATE S613 DACA represents the values and heritage and failed miserably—to bring reform engage their economy. Let’s engage of this country of immigrants; it was the and change in Cuba. Our policy toward their minds in thinking about a 21st right thing to do and it has changed my life Cuba has also hurt the United States century far different than the dark by replacing fear with hope. This executive and our diplomatic standing in the rest days of communism which they have action gave me an overwhelming sense of re- lief and hope. It lifted me from the shadows. of Latin America and the Caribbean, lived under for so many decades. where many—fairly or unfairly—regard I know that several of my colleagues Karen’s is one of 2 million stories of U.S.-Cuban policy as an outdated relic here—particularly those of Cuban de- eligible young people who want to be of the Cold War. scent—have strong, strong personal part of the future of America. So I was delighted and fully sup- and family feelings about our relation- It is time for the Senate to say no to portive when President Obama took ship with Cuba. I don’t diminish that the House on a bipartisan basis. It is this bold move. During my visit I could one bit. There is real suffering that has time for us to reject this hate-filled already see the dividends, most notably taken place by their families and many amendment process they engaged in in the expressions of hope by the Cuban others. that put five riders on this appropria- people. If you go down the streets of But I hope we can look to the future, tions bill to penalize young people such Havana, on their pedicabs there are look to the next generation, and look as Karen Villagomez. American flags. That would have been to the possibility that we can engage Is that the face of the Republican unthinkable 2 months ago. Now it is Cuba in a positive way. Ultimately, it Party of America—deporting Karen part of their statement that it is time will be this new flow of American en- Villagomez and saying to her and oth- for a new relationship between Cuba gagement and ideas that will help open ers: You are not welcome in America. and the United States. Cuba and improve the lives of their Leave. As one Cuban activist starkly told people. I don’t think so. There are many Re- me, her talks with others around the Certainly, we ought to try something publicans who come to me and say: I island highlighted something she different. There have been 50 years of support the DREAM Act. So let’s sup- thought had been lost to the Cuban isolation, and those 50 years have not port the DREAM Act. This is their people—a sense of hope. worked. Today we are taking the first chance. Step up and defeat these hor- We need to do all we can to fulfill the few steps on a path which I strongly rible riders that were attached to this hopes of the Cuban people, and one support. appropriations bill by the House Re- easy way is to provide greater engage- I yield the floor. publicans. Step up and give us a chance ment with America, with ideas, with f as a nation to renew our commitment energy, with the vibrancy that our Na- to our diversity, to our heritage as a tion can offer. RESERVATION OF LEADER TIME nation of immigrants, and to renew our I am going to join today with my col- The PRESIDING OFFICER. Under commitment to young people such as leagues: Republican Senators FLAKE, Karen, whom we have told: If you work the previous order, the leadership time ENZI, MORAN, and BOOZMAN, as well as is reserved. hard against the odds and succeed, we Democratic Senators LEAHY, UDALL, want you to be part of our future. and WHITEHOUSE, to introduce legisla- f f tion that will lift the remaining travel MORNING BUSINESS restrictions on American travel to CUBA The PRESIDING OFFICER. Under Cuba. Representatives SANFORD and the previous order, the Senate will be Mr. DURBIN. Mr. President, earlier MCGOVERN will have a similar bill in this month I had a chance to visit Cuba the House. in a period of morning business for 1 with a delegation of Senators and President Obama recently eased hour, with Senators permitted to speak House Members. We met with Cuban these restrictions, but we need to do therein for up to 10 minutes each, with Archbishop Jaime Ortega, who shared our part in Congress. It is not only the the Democrats controlling the first the wonderful story of Pope Francis’s right thing for the Cuban people; it is half and the Republicans controlling efforts to improve relations between the right thing for America. Americans the final half. the United States and Cuba and to se- shouldn’t have restrictions on their The Senator from Delaware. cure the release of American prisoner freedom to travel. We don’t restrict f Alan Gross. Americans from traveling to nations CUBA We met with many Cuban reformers with whom we fought wars such as and activists, Cuban Foreign Minister Vietnam, and we don’t restrict Ameri- Mr. CARPER. Mr. President, while Bruno Rodriguez, foreign ambassadors cans from traveling to countries with Senator DURBIN is still on the floor, I from many countries, various ministry troubling regimes—North Korea, Iran, wish to say very briefly that we came officials, agriculture, telecommuni- and Uzbekistan. to the House of Representatives a few cations, science and technology, and During the height of the Cold War, years ago in 1983, and we didn’t get a the environment—all areas of consider- Americans were allowed to travel to lot of time to speak on the House able potential for the greater U.S.- the Soviet Union. So why not Cuba? floor—maybe 1 minute a day if we were Cuban cooperation. Why do we still isolate this country? lucky. We would say when we were de- Our visit came 1 month after Presi- Some say that this is a repressive re- bating, when we agreed with somebody: dent Obama secured the release of Alan gime, and we don’t want to show rec- I would like to be associated with the Gross and made the historic decision to ognition to this regime. remarks of the gentleman from Illi- restore full diplomatic relations with It is just within this week that our nois. Cuba and begin rolling back over 50 President visited Saudi Arabia to at- I would very much like to be associ- years of failed policies toward that is- tend the memorial service for the late ated with the remarks of the Senator land. King of that country. I would daresay from Illinois. As I have said many times, I am not there are aspects of the human rights I served three tours in Southeast a fan of the Castro regime. It has a policy of Saudi Arabia which aren’t Asia during the Vietnam war. We have troubling history of human rights even close to American standards, and most-favored-nation trading status, abuse and suppressing peaceful polit- yet we consider them a valuable ally. and they enjoy most-favored-nation ical dissent. It has squandered the tal- There is also a lesson in history. trading status with us today. ents of so many of its own people with When the Soviet Union started to come I like to work out and run. I like to a frozen economic and political system, down, it was cracking on the edges, in run in the mornings. The mornings I and it has refused to provide a full ac- the Baltics, and in the Warsaw Pact. stay here, I run down to the Lincoln counting of the tragic death of Cuban As the other republics saw the outside Memorial, come back by the Vietnam activist and patriot Oswaldo Paya. world, they saw the opportunity and Veterans Memorial, and I am reminded But I have also argued that our pol- the need for change. of the 55,000 lives that we lost in that icy toward Cuba, which has spanned 11 We have not prevailed with isolation. war. Yet we enjoy normal diplomatic different U.S. Presidents, has failed— Let’s engage the Cuban people. Let’s relations with that country, and they

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President’s immigration policies. billion for Customs and Border Protec- Mr. President, I ask unanimous con- Many of our colleagues on both sides tion, an increase of approximately $118 sent that I be added as a cosponsor to have significant concerns with these million above last year’s enacted level. S. 299. amendments, and the President has in- This funding level would support the The PRESIDING OFFICER. Without dicated that he would veto the funding largest operational force level for the objection, it is so ordered. bill if the amendments stay attached Agency in its history—maintaining f to it. Thus, these amendments jeop- over 21,000 Border Patrol agents and ardize passage of the bill, and they supporting the new funding level for DEPARTMENT OF HOMELAND threaten to prolong the crippling budg- nearly 24,000 officers. SECURITY FUNDING et uncertainty the Department of The Shaheen-Mikulski bill would Mr. CARPER. Mr. President, I urge Homeland Security has operated under. also enable Customs and Border Pro- my colleagues to bring a clean fiscal The Department of Homeland Secu- tection to fly more patrols along our year 2015 bill for the Department of rity already has a lot to say grace over. maritime and land borders and to con- Homeland Security to the Senate floor We do them no favor by playing games tinue purchasing new force-multi- as soon as possible. with their budget. plying gear and equipment. It would Earlier this month the world watched I understand why some of our col- also increase funding for critical sur- in horror as terrorists massacred jour- leagues are upset about the President’s veillance technologies along our bor- nalists and other innocent civilians in immigration policies, and we should der, especially along areas such as the and around Paris. In December we were have a debate about those concerns. Rio Grande Valley, by some $20 mil- stunned as computers at a major cor- But first we should be doing what we lion. poration, Sony Entertainment, were have been asked to do by giving the De- As our colleagues will recall, last attacked by North Korea. Over the past partment of Homeland Security the re- year our Nation saw tens of thousands year, as recently as last week, in fact, sources that it needs to keep Ameri- of unaccompanied minors and families from Central America come to our we witnessed brutal executions at the cans safe in an ever more dangerous southern border. This clean full-year hands of the Islamic State of Iraq and world. the Levant. Two of our colleagues, Senator funding bill would provide Immigration and Customs Enforcement $689 million These events illustrate all too well JEANNE SHAHEEN and BARBARA MIKUL- more than last year’s funding to help that the threats faced today by Amer- SKI, have introduced a clean appropria- address the additional needs associated ica and by our allies are real. As a tions bill that mirrors funding provi- with that surge. Specifically, it in- former chairman and now ranking sions of the House bill. Overall, funding cludes $3.4 billion for immigration de- member of the Homeland Security and provisions in their bill, S. 272—which I tention and funds 34,000 adult deten- Governmental Affairs Committee, I understand both Democrats and Repub- tion beds. know this to be the case. licans on the Appropriations Com- Nearly 12 years ago, in the wake of The Shaheen-Mikulski bill would mittee agreed to last year, last Decem- also fully fund the employment eligi- the terrorist attacks of 9/11, Congress ber—in fact, provides for $39.6 billion in bility verification system, known as E- created the Department of Homeland discretionary funding for the Depart- Verify, which helps businesses to en- Security—we call it DHS—to help se- ment of Homeland Security. That is an sure they are hiring legal employees. cure our Nation and to help ensure that increase of $400 million above last Homeland Security Secretary Jeh our Nation is protected against these year’s funding, but this measure is Johnson recently said—and I fully continuing and evolving threats. more than just a funding bill. agree with him—that to deny his De- Given the origins of the Department, To my colleagues who want to do partment full-year funding would actu- the work the men and women do there what we can now to protect our coun- ally hurt our border security. every day to keep us safe, and the try from the kinds of attacks we have We cannot continue to default to grave nature of the threats our country been seeing around the world of late, I short-term continuing resolutions and faces, it is shocking to me and dis- say: Support a clean DHS funding bill. force the Department to cut corners appointing to me that we are here To our colleagues who want reforms and scramble to fund its highest prior- today having this debate. at the U.S. Secret Service, I say: Sup- ities. As we have learned over these We are now discussing ways we can port a clean DHS funding bill. A clean years, stopgap crisis budgeting is an make the Department and its employ- bill would provide the resources the Se- egregious waste of money. Let me say ees more effective. We are not dis- cret Service needs to carry out much- that again—an egregious waste of cussing how we can enable them to needed reforms in the wake of the most money. By shutting down the Depart- work better. Senator Coburn and those recent White House fence-jumper inci- ment or keeping it on a continuing res- with whom we served in the last Con- dent and other security lapses. olution, we will waste tens of millions gress did that throughout the year. To my colleagues whose States need of taxpayer dollars, including the cost Senator JOHNSON and I did that just to recover from this week’s blizzards or of renegotiating contracts, lost em- yesterday with our first hearing on the to prepare for the next storm, let me ployee and contractor productivity, Homeland Security and Governmental just say: Support a clean DHS funding and lost training. For example, it Affairs Committee this year. Unbeliev- bill. would delay the award of a $600 million ably, as we focused on cyber security We need to ensure that FEMA and contract to build a national security attacks, we are debating whether to our States have access to nearly $2.6 cutter that the Coast Guard needs. give this key national security agency billion in grants to respond to future But there is more than just a finan- funding for the remainder of the fiscal disasters—both natural and manmade. cial impact. The dramatic con- year. To my colleagues who want stronger sequences of failing to provide full-year In order for that Department to effi- border security and immigration en- funding for the Department will be felt ciently and effectively carry out its forcement, a clean DHS funding bill is throughout our country. While most of critical role, it needs adequate and re- what we ought to be rallying around. the Department’s workforce will con- liable funding. They need it. Another The clean bill put forward by Senator tinue to perform essential functions in short-term budget—or even worse, an- SHAHEEN and MIKULSKI would take ad- the event of a shutdown, the bulk of its other shutdown—would be bad for the ditional measures to secure our border management and administrative sup- Department and bad for employee mo- and enforce our immigration laws, port activities would cease and front- rale—very bad. More importantly, something I know is a priority to me line personnel would not receive the though, it would pose a grave threat to and, I think, to all of our colleagues. In support they need. It would be like try- our security. fact, most of the funding increase in ing to fight a war without planners,

VerDate Sep 11 2014 23:41 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JA6.005 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE January 29, 2015 CONGRESSIONAL RECORD — SENATE S615 without logistics, and without supplies. tainly cannot afford to let this vital emotionally draining. It was a site that It would be like us here in the Senate agency’s funding run out. is hard to imagine, to see the cruelty working without our staffs. We might I ask my colleagues to think about and the barbaric activities of humans be able to find a way to get our work what we are trying to accomplish by against other humans. From looking at done, but we wouldn’t be as effective. failing to provide the Department of the rooms in which medical experi- And those at DHS who are required to Homeland Security with the funds they ments were done on human beings, who come to work if a shutdown were to need to operate. The American voters ultimately died, to seeing the gas occur would not be paid until Congress sent Congress a clear message on elec- chambers, it very much affected my restores funding. Essentially, a large tion day. This is what they said: They perspective on humanity and life. part of our Federal homeland security want us to work together. They want In the United States we are blessed. I efforts would be operating under an us to get things done. And they espe- can practice my religion and don’t IOU. cially want us to enhance our economic have to fear losing my head. I can dis- A stopgap budget or a shutdown recovery. Given recent events around agree with my government and know I would also further degrade employee the world, they also want us to do all am not going to be locked up for doing morale at the Department of Homeland we can to keep them and their families it. We should never take those liberties Security. As many of us know, the De- safe. We need to show Americans for granted. I think our freedoms give partment continues to rank dead last— through our actions here in Wash- us a special responsibility to make sure dead last—among all other large Fed- ington that we have heard them. that when we say never again, that it eral agencies when it comes to work- With that, I yield the floor. becomes a reality, that it becomes real. force morale. The PRESIDING OFFICER (Mr. We also have a responsibility to re- While Secretary Johnson, Deputy PERDUE). The Senator from Maryland. member the victims of the Holocaust. Secretary Mayorkas, and their team Mr. CARDIN. Mr. President, let me In the Jewish religion, we have Yom are taking important steps to make first thank Senator CARPER for his Hashoah, a separate day set aside to the agency a better place to work—and comments on the need for us to pass a recognize that. We need to learn from we are helping them—the Department homeland security appropriations bill. the survivors. I will always remember still lacks a strong sense of cohesion I think our constituents would be the times I had a chance to talk to Leo and a sense of team. But Congress too surprised to learn that we have not Bretholz. He was a constituent of mine has a responsibility. Providing this passed an appropriations bill that who escaped the trains taking him to large and complex agency the funding funds for this fiscal year the Depart- Auschwitz. He was an inspiration to all it needs would be a terrific next step. ment of Homeland Security, a criti- of us who learned more about the cir- If my colleagues and I expect the De- cally important agency that keeps us cumstances surrounding the Holocaust. partment of Homeland Security and safe. Unfortunately, he passed away last other Federal agencies to show im- We know the challenges around the year. Leo advocated for the repatri- proved outcomes, we cannot continue world. We know the challenges to our ation of victims, particularly from the to play games with their budgets and homeland. Yet we haven’t passed a full- French railway SNCF, and we were ul- expect them to not feel the negative year Homeland Security bill. Instead, timately successful in getting those consequences. No business owner or we have legislation that has come over funds. manager could be expected to be effec- from the House that is more interested This all underscores the importance tive and efficient under these condi- in picking political fights on immigra- of Holocaust education. When we say tions. The leadership of the Depart- tion policy—when we should be to- never again, let’s always remember ment of Homeland Security is no ex- gether on immigration policy—and what happened over 70 years ago under ception. holding up the funding for Homeland Nazi rule. Let’s have Holocaust edu- A clean Homeland Security funding Security. cation so young people understand the bill for the rest of the fiscal year is the I thank Senator CARPER, who is the consequences of the cruelty and the fiscally responsible step to take. If we ranking Democrat on that committee, consequences of not getting engaged. deny them that funding, we will not be for bringing to our attention that the Let’s also help the survivors. I very punishing the President. In a sense, we best thing for us to do is to take up the much want to acknowledge that in the will be punishing a number of the em- Shaheen-Mikulski bill, which is a clean United States we have many survivors ployees. But most of all we will be pun- reauthorization of the appropriations from the Holocaust, and over half of ishing taxpayers because we are wast- for this year, so we can get through them live under the Federal poverty ing their money and we are dimin- this year, and then we can debate im- line. They are so fearful of being insti- ishing and reducing the kind of secu- migration on an immigration bill, de- tutionalized, and we can understand rity they need in this country today. bate next year’s budget on a budget that. I thank Senator MIKULSKI and the Let me just say, don’t take my word bill, and not have the politics of the appropriators for putting money in the for this. Our good friend Tom Ridge, House interfere with the funding for omnibus appropriations bill last year the first Secretary of Homeland Secu- Homeland Security. to help provide assistance so these sur- rity and a former Republican Governor, f vivors can get the services they are en- titled to under our law. Sometimes with whom I served, said: 70TH ANNIVERSARY OF THE LIB- I would be very, very disappointed if I were they can’t work their way through it. I ERATION OF AUSCHWITZ AND was proud to help in those efforts. Secretary, and the Democrats did it to me BIRKENAU . . . It’s pretty difficult to plan long term I also thank Vice President BIDEN for when you don’t know exactly how much Mr. CARDIN. Mr. President, I take his leadership in the Obama adminis- you’re going to have available and what this time to bring to my colleagues’ at- tration. strings might be attached to it. Give them tention that January 27 represented I thank those on the Health, Edu- the funding they need. the 70th anniversary of the liberation cation, Labor and Pensions Committee And I would say to our Republican of Auschwitz and Birkenau—Ausch- in the Older Americans Act reauthor- colleagues, give them the funding they witz, the concentration camp that be- ization that was acted on this week be- need. came a death camp; and Birkenau, a cause they include services for Holo- For these reasons, I urge our col- death camp, located in Poland, that caust survivors so that they will have leagues in the Senate to join me in was liberated by the Allied Forces on easier access to government services. doing the right thing in supporting January 27, 1945. Lastly, let me thank Senators MI- passage of a clean full-year appropria- There were 1.3 million Jews, Poles, KULSKI and KIRK. I joined both of them tions bill for the Department of Home- and other minorities who were de- in a Senate resolution to commemo- land Security and rejecting the amend- ported to Auschwitz and Birkenau be- rate the 70th anniversary of the libera- ments approved by the House. It would tween 1940 and 1945. Of that 1.3 million, tion of Auschwitz and Birkenau. The be irresponsible for us to continue 1.1 million died in these camps. Senate Foreign Relations Committee kicking the can down the road when it I had a chance in 2004 to visit both that I serve on unanimously approved comes to national security, and we cer- Auschwitz and Birkenau, and it was that resolution for consideration on

VerDate Sep 11 2014 00:49 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JA6.007 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE S616 CONGRESSIONAL RECORD — SENATE January 29, 2015 the Senate floor, and I thank Senators fully request that you consider decou- Sincerely, CORKER and MENENDEZ for their help. pling critical legislation to fund the MICHAEL CHERTOFF. As I think most Members of this Department of Homeland Security for TOM RIDGE. body know, I have been an active par- fiscal year 2015 from a legislative re- JANET NAPOLITANO. ticipant in the Helsinki Commission. I sponse to President Obama’s actions on Ms. MIKULSKI. Mr. President, the am the democratic leader, working immigration. Department of Homeland Security was with Senator WICKER. The Helsinki They feel that: established right after the terrible at- Commission is known for its participa- . . . by tethering a bill to fund DHS in FY tack on the United States of America tion in the Organization for Security 2015 to a legislative response to the Presi- on September 11, 2001. and Co-operation in Europe, but I dent’s executive actions on immigration . . . The Department of Homeland Secu- think it is best known because we put —it could lead to a shutdown of rity is a big agency, but protecting the a spotlight on human rights issues. We Homeland Security. homeland is a big job, and DHS em- try to live up to that motto ‘‘never We don’t want a shutdown. ployees are on the job every day: the Coast Guard safeguarding our water- again.’’ We try to say we will not let I won’t go through the entire letter. ways; Secret Service, not only pro- violations of basic human rights go un- They conclude with: tecting the President, the First Fam- challenged. It is imperative that we ensure that DHS is ily, the Vice President, but also doing So on this 70th anniversary of the ready, willing, and able to protect the Amer- ican people. To that end, we urge you not to other important tasks; the Border Pa- liberation of Auschwitz and Birkenau, risk the funding for the operations that pro- trol and ICE—Immigration and Cus- which are the iconic symbols today of tect every American and to pass a clean DHS toms Enforcement—securing our bor- the Holocaust, let’s rededicate our- funding bill. ders against smugglers, traffickers, and selves to making sure that ‘‘never Mr. President, I ask unanimous con- other illegal immigrants; cyber war- again’’ becomes a reality. sent that the letter be printed in the riors—people protecting us against bio With that, I yield the floor. RECORD. and nuclear threats, and then also The PRESIDING OFFICER. The Sen- There being no objection, the mate- working with the first responders; ator from Maryland. rial was ordered to be printed in the FEMA—everything to protecting us in Ms. MIKULSKI. Mr. President, I rise RECORD, as follows: the event of an attack on the home- first to thank my colleague from Mary- Hon. MITCH MCCONNELL, land, to having readiness and response land for his eloquent words on the Hol- U.S. Senate Majority Leader, and shelters and so on, to helping us ocaust and the survivors of the Holo- Washington, DC. now in hurricanes and blizzards such as caust and the compelling voices that Hon. HARRY REID, we are facing in the northeast. It all came out of those death camps. U.S. Senate Minority Leader, helps State and local responders to In addition, my colleague has always Washington, DC. have the resources they need to be able been a champion for human rights, As former U.S.Secretaries of Homeland Se- to respond at the local level. whether it is on the Helsinki Commis- curity, we write to you today to respectfully request that you consider decoupling critical The Firefighters Grant Program is so sion, whether it is his advocacy to let legislation to fund the Department of Home- beloved in our communities where, Soviet Jews get out of the Soviet land Security (DHS) in Fiscal Year (FY) 2015 through competitive exercise, they can Union. Where people are repressed or from a legislative response to President go for grants to buy respiratory equip- facing attacks or persecution, he has Obama’s executive actions on immigration. ment, the new firetrucks and so on always been on their side, and also ac- As the recent terrorist attacks in Paris and the cyber-attacks on a major American that they need. In my community, tually meeting with the Holocaust sur- they can’t come up with this equip- vivors in our own community to bring corporation and on the U.S. Military’s Cen- tral Command remind us, the threats facing ment on just fish fries and pancake a lot of attention to what we can do the U.S. are very real. The national security breakfasts. We need a government on and to actually putting money in the role that DHS plays, and by extension the our side. Unfortunately, the Depart- Federal checkbook. funding that allows it to carry out its vital ment of Homeland Security funding With all that effort at survival and national security mission, is critical to en- runs out on February 27. making it to the United States, the suring that our nation is safe from harm. Now let me give the background. survivors of the Holocaust, who were Funding for the DHS is used to protect our When we came back in September, children then and would now be in ports and our borders; to secure our air trav- facing the fact we had to have a con- their eighties and nineties—imagine el and cargo; to protect the federal govern- tinuing resolution to get us through that—should not live in poverty, they ment and our nation’s information, tech- nology, and infrastructure from cyber-at- the fiscal year and the election cycle, should not fear institutionalization, tacks; to fund essential law enforcement ac- the Congress passed legislation, and and they should not fear destitution. tivities; to guard against violent extremists; then on December 13 when we did the So I thank my colleague for his advo- to mobilize response networks after emer- omnibus, we passed an omnibus bill for cacy, and I look forward to working gencies; and to ensure the safety of the presi- every single agency with the exception with him on this and also say ‘‘never dent and national leaders. of Homeland Security. So every single again.’’ Moreover, we appreciate that Congress pos- agency, from the Department of De- sesses the authority to authorize and appro- fense to the Department of Health and f priate funds expended by the federal govern- Human Services, Education, the weath- DEPARTMENT OF HOMELAND ment. We do not question your desire to have er services, all of these important pro- SECURITY FUNDING a larger debate about the nation’s immigra- tion laws. However, we cannot emphasize grams, NIH, were funded through the Ms. MIKULSKI. Mr. President, I enough that the DHS’s responsibilities are fiscal year. But we put Homeland Secu- come to the floor as the ranking mem- much broader than its responsibility to over- rity on a CR because there was an in- ber of the Appropriations Committee, see the federal immigration agencies and to tense and actually very prickly con- and I come to ask my colleagues to protect our borders. And funding for the en- cern over the President’s Executive ac- bring to the floor and pass a clean tire agency should not be put in jeopardy by tion on immigration. So rather than Homeland Security appropriations bill the debate about immigration. The President has said very publicly that he will ‘‘oppose hold up the whole funding of the for fiscal year 2015. any legislative effort to undermine the exec- United States of America over temper- This isn’t just Senator BARB MIKUL- utive actions that he’’ has taken on immi- tantrum politics over Obama’s Execu- SKI calling for this but also the former gration. Therefore, by tethering a bill to tive action on immigration, we went to heads of Homeland Security under fund DHS in FY 2015 to a legislative response a CR, a continuing resolution, on President Bush and also under Presi- to the President’s executive actions on im- Homeland Security. The Homeland Se- dent Obama. The very first head of migration, the likelihood of a Department of curity was to take us to February 27, that agency, Gov. Tom Ridge, along Homeland Security shutdown increases. where wiser heads—and now complete with Mr. Chertoff and Janet Napoli- It is imperative that we ensure that DHS is ready, willing, and able to protect the Amer- control by the Republican Party— tano, have written to HARRY REID and ican people. To that end, we urge you not to would be able to move this for full MITCH MCCONNELL and said: Please, as risk funding for the operations that protect funding. former Secretaries of Homeland Secu- every American and to pass a clean DHS So where are we? Well, during that rity, we write to you today to respect- funding bill. time in December, as the chair of the

VerDate Sep 11 2014 00:49 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JA6.008 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE January 29, 2015 CONGRESSIONAL RECORD — SENATE S617 Committee on Appropriations, with my Senator COATS and Senator Landrieu He has been a trusted aide whose rep- vice chairman Senator RICHARD and our House colleagues worked so utation in Arkansas’s veterans commu- SHELBY, Senator DAN COATS, and the well to come up with the bill. They nity is second to none. His passion and Subcommittee on Homeland Security, provide resources for DHS, with the advocacy has resulted in better service Senator DAN COATS and Senator Mary total funding of $39.7 billion, an in- offerings at veterans facilities across Landrieu, we came up with a fiscal crease of over $400 million above the Arkansas. It is reflected in the lives framework. So did the House. They fiscal year 2014. We could pass that that he has helped make better by solv- came up with it. So the very money today. We could pass it on Monday, we ing an individual’s problems at the VA. that we put into the CR and the clean could pass it on Tuesday. If Steve was able to track down mili- bill that Senator SHAHEEN—now the All of my Democratic colleagues and tary medals a veteran earned but never ranking member—and I had, has the I wrote a letter to Senator MCCONNELL received, those medals weren’t just funding for Homeland Security that asking him to schedule an immediate dropped in the mail. Steve would criss- Homeland Security says it needs and vote on a clean vote on Homeland Se- cross the State, personally delivering we have arrived at on a bipartisan curity. Well, let’s see where we go on them, dressed in his Air Force blues, basis. that. and present them with the stories of If in fact we are allowed to bring up What we have here, the clean bill of- the veteran’s time in service. a clean bill, we have agreed on the fered by Senator SHAHEEN—now the A veteran himself, Steve served hon- money. There is no dispute over the ranking member on the Homeland Se- orably in the Air Force as a tactical air money. We have looked very carefully curity Subcommittee on Appropria- controller, with assignments as direc- at it. We worked on a bipartisan basis. tions—and I have a compromise fund- tor of operations and commander in We worked on a bicameral basis. We ing bill that gives certainty to the peo- Virginia, Vietnam, California, Utah, are ready to go. What will slow us ple who work on the front lines to se- Florida, Colorado, Kansas, and Iceland. down is if we get into an intense debate cure the Nation, whether it is securing He also served as national director on immigration and riders to try to the border, whether it is building ca- for the National Guard recruiting, re- stop the activities of President Obama. pacity to meet agricultural and bio- tention, and advertising at the Pen- I strongly recommend to my col- logical threats, whether it is replacing tagon. His final assignment before re- leagues: Do not play politics with the aging nuclear detection equipment, tiring with the rank of lieutenant colo- security of the United States of Amer- also helping our Coast Guard build nel was in Germany where he served as ica. We were all horror stricken at their national security cutter so the an adviser to the commander and chief what happened in Paris. We are re- Coast Guard can protect us against of the Air Force in Europe. pulsed at what is going on with ISIL. drug runners, pirates, terrorists. Along with the work he does in an of- We are very concerned about lone-wolf More than any other specific in- ficial capacity, Steve is active in a attacks. We worry—and the chair of crease, enacting a clean Homeland Se- number of veterans service organiza- the authorizing committee on Home- curity bill shows the Congress and the tions, including the American Legion land Security in the House has said: Nation value. We do value security, and the Wounded Warrior Program. They are coming here, they are coming and we value the men and women who He has served as vice president of the here, they are on their way. We have work every day to provide us with that Arkansas Council of Military Officers got to be ready. Well, one of the ways security. Uncertainty jeopardizes secu- Association of America. we have got to be ready is to make sure rity. We value them. I am excited for Steve as he embarks the resources in Homeland Security are I urge my colleagues to put their on the next chapter of his life, but we funded and that they are not worried money where their mouths are to enact are losing a fantastic advocate for Ar- about a shutdown, showdown, a clean homeland security bill, and not kansas veterans. However, I know that slamdown politics over a fight on im- to get into this whole debate with im- my staff will continue to provide the migration. migration. best possible service to Arkansas’s vet- Should we have a discussion on im- I look forward—as we wrap up the de- erans as we have the blueprint on how migration? You bet. Should we even bate on the Keystone Pipeline, we then to do it right, thanks to Steve. He has have an outright robust debate on it? I take up Homeland Security and we literally set the gold standard on how am all for it. But leave Homeland Se- take up a clean bill. to deliver for veterans. curity alone. Pass the money bill. If I yield the floor. I know also that in retirement Steve you disagree with the money, argue I suggest the absence of a quorum. does not mean to fade from sight. over that. But if you want to fight over Mr. BOOZMAN addressed the Chair. Steve is not the slowing-down type of immigration policy, that is another de- The PRESIDING OFFICER. Will the personality. Certainly he will take bate for another day in another way. Senator withhold? some time to travel with his wife Shar- The Nation faces growing threats Ms. MIKULSKI. Mr. President, I on in their retired life. But along with where Americans are endangered at would say to the Senator from Arkan- the relaxation, Steve has grand plans home and abroad. Terrorists are sas, my time was delayed. I hope I have to travel the country singing at vet- threatening us with bombs and guns, not slowed the Senator down this erans retirement homes, and he intends and lone wolves in Ottawa, organized morning. I didn’t realize you were here. to stay active with the Arkansas Vet- radicals in Paris, cyber criminals with Mr. BOOZMAN. No, No. I thank the erans Coalition. This is his calling, his backing from nation states and orga- Senator. Everything is fine. We appre- passion, and I am quite certain Steve nized crime. ciate the Senator, as always. will continue to work with the vet- In terms of the Secret Service, we The PRESIDING OFFICER. The Sen- erans community for years to come. have the need to reform the Secret ator from Arkansas. Thank you, Steve, for your service in Service. We have fence jumpers at the f uniform, your dedication to your fellow White House, drones landing on the veterans, and most of all thank you for HONORING LIEUTENANT COLONEL White House lawn. your friendship. STEVE GRAY, RETIRED In the face of these threats, the Re- I yield the floor. publican majority’s response is to hold Mr. BOOZMAN. Mr. President, I wish The PRESIDING OFFICER (Mr. the funding of Homeland Security up to take a few moments to honor a true ROUNDS). The senior Senator from to pick a fight with the President over champion of veterans, retired Lt. Col. South Dakota. immigration. Uncertainty undermines Steve Gray, who is set to retire from f security. Let’s give the Agency cer- public service at the end of this month tainty of funding. after nearly 16 years of helping his fel- HELPING THE MIDDLE CLASS We are 4 months into the fiscal year. low veterans in Arkansas. Mr. THUNE. Mr. President, last week Another continuing funding resolution Since I came to Washington 13 years President Obama came over to Con- would be the fifth continuing resolu- ago, Steve has served on my staff advo- gress to deliver his annual State of the tion. That is no way to run an agency cating for the needs of servicemembers Union Address. His speech focused so big, so complicated. and veterans across the Nation. heavily on something Republicans have

VerDate Sep 11 2014 02:57 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JA6.010 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE S618 CONGRESSIONAL RECORD — SENATE January 29, 2015 been talking about for the last 6 years: site, the average individual in South If we want to fix the economy, we helping the middle class. Occasionally Dakota will pay a $394 penalty this have to stop weighing it down with the President even sounded as if he had year, while the average family of four taxes and regulations. We have to re- stolen a line from Republicans, which I in South Dakota will pay a $650 pen- ject yesterday’s stale policies with can assure you Republicans were happy alty. Now that is a lot of money. That their focus on taxing, spending, and to provide. is a lot of money for a family in South regulating. Instead of pushing big gov- Seriously, Republicans were glad to Dakota, and it is only going to go up ernment solutions, we need to rebuild hear the President pivoting back to the because the tax penalty will rise in our economy from the bottom up. middle class. Providing relief for the 2016. Republicans are focused on the future middle class is the Republican priority As we can see on this chart, South that embraces and fights for the poten- in the new Congress and we are eager Dakotans could be spending that tax tial of the people, not government. to work with the President to get money on a number of essential items That means passing legislation to free things done for American families. if they didn’t have to pay the penalty. businesses to create jobs. It means re- Unfortunately the President’s speech In fact, for $394 in South Dakota you forming our Tax Code to put more didn’t show the same willingness to can buy 201 gallons of gas at current money in the pockets of American fam- work together. In fact, Wolf Blitzer South Dakota prices, buy 6 weeks of ilies and to make it easier for Amer- from CNN said: ‘‘I don’t remember a groceries or make 1.1 car payments ican businesses to compete around the State of the Union Address where I with that amount of money. That is for globe. It means eliminating the kind of heard a President issue so many veto an individual and the amount they can heavy Washington spending that is threats to the opposite party in the be basically hit with in terms of the weakening the economy and piling up United States Congress.’’ tax penalty. debt on the backs of the next genera- While it was good to hear the Presi- If we look at how this impacts a typ- tion of Americans. It means getting rid dent focus on the middle class, his ac- ical South Dakota family—and the dis- of redtape and regulations that are sti- tual proposals for helping them left tinguished Chair knows exactly what I fling energy development and the jobs much to be desired, because unfortu- am talking about—if they didn’t have that go along with it and preventing nately they were more of the same top- to pay that $650 tax penalty, it could be more American businesses from grow- down, big government policies that used for 332 gallons of gas in South Da- ing and hiring new workers. It means have failed to help Americans over the kota at South Dakota prices, 3 weeks opening new markets abroad for Amer- past 6 years. For example, the Presi- of groceries or almost two car pay- ican manufacturing and American farm dent proposed a new tax on middle- ments. If we think about 332 gallons of products. class families’ college savings ac- gas in South Dakota, that would cover The past 6 years have not been kind counts—the last thing families need a lot of trips to school or to football to American families. A recent Reuters when they want to save for their chil- practice or to dance practice. These are story opened by saying, ‘‘Barack dren to go to college. Fortunately, the real-world impacts on real people. As Obama enters the final 2 years of his President because he received so much ObamaCare has demonstrated, big gov- legacy with a blemish on his legacy pressure has been forced to withdraw ernment is not the answer. that looks impossible to erase: the de- this particular proposal, but his speech While it is great the President wants cline of the middle class he has prom- contained a lot of other proposals that to focus on helping the middle class ised to rescue.’’ would not provide the help American who suffered for years under his poli- Household income has fallen by more families need. cies, he cannot help them if he insists than $2,000 on the President’s watch, If there is anything the past 6 years on pushing more of the same failed top- according to Sentier Research. Mean- have shown, it is that big government down, big government policies. The while, prices have gone up. Millions of is not the solution to our economic last few years have involved laying a Americans are unemployed while mil- challenges. In fact, it is the cause of lot of burden on American workers and lions more are stuck with part-time many of our economic problems. on the American economy to fund big jobs because they cannot find more Take a look at ObamaCare. A Gallup government programs and the Presi- work. Millions of other Americans are poll released last week found that dent’s pet projects. so discouraged with not finding work health care costs are one of American Take the ObamaCare tax on life- over the past 6 years that they gave up families’ top two concerns. It is no saving medical devices such as pace- looking and dropped out of the labor wonder. ObamaCare was supposed to makers and insulin pumps. This tax force entirely. Wage growth has re- help our Nation’s health care problems. was put in place to help pay for the mained stagnant during the Obama It was supposed to drive down pre- President’s health care law, but it has Presidency. As a CNN headline put it miums and make health care more af- ended up negatively affecting jobs in after the President’s State of the fordable. Instead, it has generally done this industry. Even Democrats who Union Address, ‘‘Obama says wages are the opposite. voted for the President’s health care growing. They’re not.’’ Since ObamaCare became law in 2010, law are pushing to get rid of this tax. It is no surprise middle-class families health care premiums have risen. Mil- Take the Obama Interior Depart- aren’t feeling an economic recovery or lions of Americans have lost their ment’s recent decision to push for clos- that Americans list lack of money and health insurance plans. Others have ing off large swaths of Alaska to en- low wages as one of their top financial lost access to doctors or to convenient ergy development that would create concerns. hospitals. Still others are stuck in in- jobs and benefit Alaska’s economy, as A New York Times headline from surance plans paying more for less cov- well as strengthen America’s energy Sunday read ‘‘Middle Class Shrinks erage. Then of course there are all the independence or take the crippling new Further As More Fall Out Instead of problems the law has created for work- energy rules the President’s EPA has Climbing Up.’’ ers and businesses and the pain mil- proposed, such as a new tax on coal- It doesn’t have to stay this way. Re- lions of Americans will be feeling this fired powerplants that could result in publicans don’t believe in a permanent tax season when they discover they the loss of tens of thousands of jobs middle-class decline. If we stop govern- owe the government money from their and devastate entire communities; ment from weighing down our economy ObamaCare subsidies or that they must likewise, the EPA proposal to lower with taxes and regulations and start pay a tax penalty for failing to have the ozone standard that would be the freeing businesses to create new jobs government-approved health insurance. most expensive EPA regulation in his- and opportunities for American work- The American Action Forum re- tory. ers, our economy will rebound and the cently ran the numbers and estimated I intend to reintroduce my bill, the middle class will feel the effects. that 6,000 people in South Dakota will bipartisan CASE Act, to make sure we Republicans are already working on have to pay the ObamaCare tax penalty tackle places with the worst smog in legislation to help the middle class and for not having government-approved the country before forcing cleaner we will be sending our first job-cre- health insurance. According to a calcu- areas to meet what is an impossible ating bill with legislation to approve lator on the Wall Street Journal’s Web standard. the Keystone XL Pipeline and the

VerDate Sep 11 2014 23:41 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JA6.012 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE January 29, 2015 CONGRESSIONAL RECORD — SENATE S619 42,000 jobs it will support during con- agency has found tens of thousands of and in people’s lives has been greatly struction to the President very short- pages of information relating to the expanded by ObamaCare. From the ly. We hope the President will sign it. targeting. The review of these docu- very first, the idea of using the IRS to American families have had to spend ments has not yet begun. implement and enforce ObamaCare is 6 years in this economy. They The good news is that the inspector an anathema to common sense. shouldn’t have to wait any longer for general for the IRS has these records It is bad enough now when taxpayers relief. now. The bad news is that there are are audited. Nobody likes to hear that Mr. President, I yield the floor. technical difficulties processing those knock on the door or receive a tele- The PRESIDING OFFICER. The Sen- records. The Senate Finance Com- phone call or email after being tar- ator from Kansas. mittee has yet to receive this informa- geted for their political beliefs and Mr. ROBERTS. Thank you, Mr. tion as the investigation continues. blocked from exercising their free President. I would like to thank my There is no doubt the review will lead speech rights. But to expand the role of distinguished colleague from South Da- to further interviews with officials in this agency into everyone’s health care kota, Senator THUNE, for his very com- the IRS and other government agen- decisions is just plain wrong. That is a prehensive review of where we are with cies. box canyon we should not ride into. the economy and the need for the Key- The actions of the IRS and its leader- Tax reform presents us with the op- stone Pipeline to pass. As always, Sen- ship have profound implications for re- portunity to look at these issues much ator THUNE in a very articulate manner form of our overly complex and anti- more closely. When we have completed made the case for our country to be- quated Federal tax system. Let me these investigations and have issued come more energy independent and quote from the Internal Revenue Serv- reports, I will review the results very also touched on national security and ice mission statement: The IRS tries to carefully to see what legislative fixes the stagnant situation we face with our provide America’s taxpayers ‘‘top qual- to the IRS and the Tax Code may be economy. ity service’’ by helping them under- necessary. Make no mistake about it, I I thank the Senator for his remarks. stand and meet their tax responsibil- am not going to let this slip from the ities. They are meant to do all this— radar, and we should not let this slip f this is the underlying, this is the one from the radar with regard to the Sen- INTERNAL REVENUE SERVICE statement the IRS should remember ate Finance Committee. There are too Mr. ROBERTS. Mr. President, in this every day—‘‘with integrity and fair- many blips on the screen—large blips. new Congress we have an opportunity ness to all.’’ With integrity and fair- I hear from Kansans every day who and a responsibility to address an issue ness to all. are fed up with the IRS. I think most of utmost importance to every Amer- Now in the targeting scandal, I be- Members in this body feel the same ican: the current dysfunction at the In- lieve the IRS is no longer the neutral way. There is a lot of discontent with ternal Revenue Service. tax collector its mission states it to be the tax system and its enforcement, I do not use the word ‘‘dysfunction’’ and that the IRS is inappropriately and there are regular calls for even lightly, but I reach that conclusion open to a partisan political agenda of scrapping the whole collection appa- when I see the agency systematically the White House and its allies, if not to ratus. I agree we need to take a hard suppress the political activity and free working as a direct tool or means of look at tax reform in the agency. speech rights of American citizens. I suppression to the right of free speech. Of course we have an immediate obli- also reach that judgment when I see The other issue with the IRS also gation to take up tax reform, and the the agency unable to effectively police showing its dysfunction relates to the Finance Committee will do so, but the its personnel, as seen in the tax delin- tax compliance of IRS employees and question remains: If we are successful quency levels of the agency’s staff, in fact the compliance level of Federal in reforming the Tax Code—truly employees all across our government. when bonuses have been awarded to climbing that mountain—how can we As of September 2013, Federal employ- these same employees. These are crit- turn a reformed code over to an IRS ees were delinquent on $3.4 billion in ical issues we must address, particu- that is so rife with scandal? taxes. Yes, that is right—1,500 Treasury The other action we must take im- larly as we in Congress face our obliga- employees were delinquent, owing mediately is to block the IRS from tion to reform our tax system. close to $10 million. While in the grand taking any further steps to restrict The IRS targeting of conservative scheme of Federal finances it is a very constitutional free speech rights. This and other groups that came to light small amount, it is tremendously gall- is why just yesterday I joined with my way back in May 2013 is neither a triv- ing and sends a terrible message to tax- colleague from Arizona Senator FLAKE ial issue, nor one we can ignore—no payers to know that many of these em- to again introduce legislation to pre- more back burner. This is a front-burn- ployees were awarded bonuses—they vent the IRS from moving forward with er issue. were awarded bonuses—even though a regulation project on the political ac- We have hit many roadblocks in this they owed back taxes. tivities of social welfare groups, the investigation, and it is certainly pre- Let me be perfectly clear. Any em- 501(c)(4) regulations. mature for us to reach any conclusions ployee who deliberately ignores the It is completely inappropriate for the or to make concrete recommendations process and procedures for fulfilling agency to move forward with this on how to address the IRS targeting. their tax obligations like every other project until we understand what went That being said, we have a pretty clear American must be held accountable. on and what structural and procedural sense of what happened. In my view, This is a basic principle upon which I changes are needed at the Internal this egregious conduct and the conde- think we can all agree. When these Revenue Service to prevent the tar- scending response by the top IRS offi- public employees serve at the IRS, geting of political opponents from ever cials should come to a screeching halt. their lack of willingness to pay their happening again. Senator FLAKE and I For over 2 years the IRS targeted con- tax obligations calls into question the have proposed a very straightforward servative and many other groups ap- integrity of the agency. It is uncon- and commonsense approach to this plying for tax-exempt status with inap- scionable that there are tax challenge. We simply halt further ac- propriately intrusive information re- delinquents working as tax collectors. tion on the proposed regulations until quests. The IRS also delayed proc- In these two matters, it is very clear the congressional investigations into essing these applications, and accord- that the IRS is again not conducting the IRS actions are completed. ing to recent reports has continued to itself with integrity and fairness—far The bill we have introduced freezes delay processing applications. It hasn’t from it. The crux of the issue is that further IRS actions for 2 years and stopped—amazing, simply amazing. neither the Congress nor the tax-pay- would make it clear the IRS can only When the targeting came to light, ing public can have any confidence enforce the regulations that were in senior members of the agency tried to that the agency acts in an evenhanded place before all the targeting began. cover up the IRS’ actions by providing manner or with the best interest of the I also wish to make it clear that we incomplete and misleading information taxpayer at heart. can no longer tolerate rewarding gov- to Congress about what was being This is a very troubling at a time ernment workers who cannot be both- done. Very recently we learned the when the IRS’s role in the economy ered to comply with our tax laws.

VerDate Sep 11 2014 23:41 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JA6.013 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE S620 CONGRESSIONAL RECORD — SENATE January 29, 2015 So today I am offering legislation to disaster. I expect we will get into this 2025. Oregon has a 25-percent target by block Federal employees who are delin- in detail next week when the Commis- 2025. A number of other States have re- quent on their Federal taxes—here is sioner comes before the Finance Com- newable electricity targets. Twenty- the key—and making no effort to pay mittee. I am going to be asking him nine States, in fact, are developing a their tax liability; we will block them questions about the same topics I national market. There are many from receiving a bonus or award from brought up in these remarks. States that are meeting these goals the Federal Government. If someone is In the meantime, just a suggestion to and moving forward aggressively. a Federal employee, they should not be the IRS—from the Commissioner on In 2013, the State of Iowa produced 27 receiving a bonus if they are not mak- down—take a hard look at the mission percent of its electricity alone with ing an effort to pay back taxes. statement, concentrate on serving the wind power. I think the purpose of my bill is very taxpayer, stop threatening the Amer- I see the chairwoman of the Energy simple. If someone is a Federal worker, ican public with the loss of service, and and Natural Resources Committee on they should be making a good-faith ef- try to do the best you can in a most the floor. I promise to yield. I only fort to pay their taxes like everybody difficult budget environment. have a couple of more minutes. I thank else or at least work with the IRS to We have an obligation to have the the chairwoman. pay down their debt. Holding Federal IRS serve with integrity and fairness This amendment—the renewable employees accountable for their tax to the American public, and that is not electricity standard—is a start to a debt may even foster public confidence happening now. Let’s work together to comprehensive energy policy for the again in our tax system. make sure it does happen. United States. Amazingly there are Federal employ- I yield the floor, and after careful in- We are told the Keystone Pipeline is ees at almost every agency, including spection, it appears to me we do not a jobs bill. We are told Keystone will the Internal Revenue Service, who are have a quorum present. I suggest the create jobs. Of course, we are all for significantly delinquent in their taxes absence of a quorum. that. But how many jobs? We are talk- and not working to pay their debts. The PRESIDING OFFICER. The ing about 2,000, 3,000 construction jobs, That is wrong. That is not fair. It is clerk will call the roll. but the permanent jobs are in the not good government practice. That is The legislative clerk proceeded to range of 50. How about a renewable an understatement. My bill will put a call the roll. electricity standard that promotes stop to this practice. Mr. UDALL. Mr. President, I ask long-lasting manufacturing and instal- It is no wonder, given the IRS’s be- unanimous consent that the order for lation jobs—American jobs, permanent havior and the behavior of these Fed- the quorum call be rescinded. jobs—jobs that can’t be outsourced? eral tax delinquents, that Kansans and The PRESIDING OFFICER (Mr. The renewable electricity standard virtually every American doubt that COATS). Without objection, it is so or- could create an additional 274,000 to the government can administer the tax dered. 297,000 jobs in the United States in such laws in good faith. The lack of faith in Mr. UDALL. Mr. President, I ask areas as construction, operations, and the Internal Revenue Service is an im- unanimous consent to speak in morn- engineering. Over 50 percent of these portant reason why Congress must re- ing business. I know the managers will jobs would be created in the manufac- write the Tax Code, simplify how we be here shortly, and when they arrive I turing sector. These are hundreds of pay taxes, and reduce the government’s will obviously yield the floor to them. thousands of 21st century American intrusion into economic and other af- The PRESIDING OFFICER. Without jobs in my State and across the coun- fairs of the public. objection, it is so ordered. try. We owe it to all Americans to con- We don’t need the IRS regulating f sider this and other amendments that constitutionally guaranteed free would improve the bill. speech and muzzling lawful political RENEWABLE ELECTRICITY STANDARD Right now, we are losing out to other activity. We also do not need to reward countries in both solar and wind. China Federal employees who do not even Mr. UDALL. Mr. President, today we has the largest market share. A na- make the most minimal effort to pay are voting in the 11 o’clock series on tional renewable electricity standard their tax debt and then give them bo- the renewable electricity standard—a would help us move forward aggres- nuses. The hypocrisy of IRS agents get- bill to promote 25 percent of our elec- sively to get our market share in those ting bonuses when they don’t pay their tricity to come by renewable sources two areas. taxes has to stop. by 2025. It is clear to me a national renewable Finally, there are other issues at the From what we have heard these past electricity standard would combat Internal Revenue Service. There was a few weeks, we are either on the floor global warming while creating hun- recent statement by the IRS Commis- debating an energy bill or a jobs bill. dreds of thousands of jobs across the sioner warning—threatening—the tax- This is what my Republican friends and country. It will help maximize our en- paying public, during tax-filing season colleagues have been saying. ergy potential while strengthening our no less, that the agency is drastically The Keystone Pipeline fits neither economy and our energy security. cutting taxpayer service functions. I one of these descriptions. The Keystone Let’s vote on that. Let’s move for- am talking about answering calls, tax Pipeline is not an energy bill. The bill ward to meet the real energy needs of return help, and other programs that lacks a comprehensive energy policy; it American families. assist the average American to fulfill lacks even trying to set one. This is I thank the chairwoman for being so their tax obligation. not a ‘‘do it all, do it right’’ energy gracious and for her courtesy. The Commissioner blames the budget bill. It isn’t even a ‘‘drill, baby, drill’’ I yield the floor. sequester. I understand that. Every bill. This is the ‘‘drill, Canada’’ bill. f Federal agency is now upset about the If we are going to debate energy pol- sequester. I am upset about the seques- icy, we need to debate and adopt a re- CONCLUSION OF MORNING ter with regard to our national secu- newable electricity standard. The Key- BUSINESS rity and the spending caps setting stone Pipeline is an investment in The PRESIDING OFFICER. Morning these cuts. The IRS Commissioner is doing things the old way—importing business is closed. upset about that as well. That is be- foreign oil. Instead of doubling down on f yond amazing when we have learned foreign oil, we should be talking about that the agency has made so many how we can move America forward by KEYSTONE XL PIPELINE ACT poor decisions, such as entering into a investing in homegrown energy for the The PRESIDING OFFICER. Under contract with the IT company that was future. The renewable electricity the previous order, the Senate will re- just fired by Massachusetts, Vermont, standard is such a bill. sume consideration of S. 1, which the and the Department of Health and I wish to point out that States al- clerk will report. Human Services for its failure in im- ready recognize this fact significantly. The legislative clerk read as follows: plementing the healthcare.gov Web Colorado has a 30-percent target by A bill (S. 1) to approve the Keystone XL site. The historic rollout was a total 2020. Nevada has a 25-percent target by Pipeline.

VerDate Sep 11 2014 00:49 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JA6.014 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE January 29, 2015 CONGRESSIONAL RECORD — SENATE S621 Pending: our LNG and our natural gas opportu- committee will consider later this Vitter/Cassidy further modified amend- nities where there are good, sub- year. ment No. 80, to provide for the distribution stantive developments being made in I appreciate the continued support of of revenues from certain areas of the outer our laws and in how we can provide for my colleague from Louisiana and for Continental Shelf. not only certainty through the regu- providing a fair share of the revenue Murkowski (for Sullivan) amendment No. latory process—efficiency, expedi- from offshore oil and gas activity to 67 (to amendment No. 2), to restrict the au- ency—but assurance to the public—to the States that are most affected. His thority of the Environmental Protection State most clearly has experienced the Agency to arm agency personnel. families, to businesses, to manufactur- Murkowski amendment No. 98 (to amend- ers—that pricing issues will be ad- benefits of offshore activity. I have ment No. 2), to express the sense of Congress dressed and the opportunity for jobs in seen this for myself when I have gone relating to adaptation projects in the United this country is put first and foremost. down to visit. States Arctic region and rural communities. So I think there is good news going on He is also working hard to ensure Flake amendment No. 103 (to amendment today. that others enjoy those benefits as No. 2), to require the evaluation and consoli- There is further good news as we well. Again, we are having a great de- dation of duplicative green building pro- bate over energy policy. We are seeing grams. begin the glidepath toward passage of the Keystone XL Pipeline. We have had many good amendments with ideas Boxer amendment No. 130 (to amendment that could be included in future bills, No. 2), to preserve existing permits and the a host of measures come before us in and I certainly look forward to work- authority of the agencies issuing the permits the form of some 35 amendments that ing on revenue sharing with my col- to modify the permits if necessary. we have considered as a body over the leagues from Louisiana, Senator VIT- Merkley amendment No. 174 (to amend- course of these several weeks. I think TER and Senator CASSIDY, and with ment No. 2), to express the sense of Congress it has been good debate. I think it has that the United States should prioritize and other Members of the Senate as we go been a good process. We are now get- fund adaptation projects in communities in forward in this Congress. the United States while also helping to fund ting to the final closeout. I will now yield to my colleague from climate change adaptation in developing AMENDMENT NO. 80, AS FURTHER MODIFIED Louisiana for any comments he may countries. Some very important issues have choose to make. Cantwell/Boxer amendment No. 131 (to been raised in this debate. I wish to The PRESIDING OFFICER. The Sen- amendment No. 2), to ensure that if the Key- thank Senator VITTER for bringing the ator from Louisiana. stone XL Pipeline is built, it will be built very important issue of revenue shar- Mr. VITTER. Thank you, Mr. Presi- safely and in compliance with United States ing to the attention of the Senate. He environmental laws. dent. Tillis/Burr amendment No. 102 (to amend- offered an amendment that has been I want to thank the Senator for her ment No. 2), to provide for leasing on the before us for consideration. He has kind words and continuing commit- outer Continental Shelf and the distribution been very steadfast in ensuring that ment to work on revenue-sharing of certain qualified revenues from such leas- there is a continued commitment to measures. As her new role as the Chair ing. America’s energy security and increas- of the Energy and Natural Resources Markey amendment No. 178 (to amendment ing offshore energy production. Committee, that is going to happen No. 2), to ensure that products derived from The American energy revolution has this year, which is exciting. tar sands are treated as crude oil for pur- provided us with high-paying jobs for As the Senator mentioned, I filed an poses of the Federal excise tax on petroleum. amendment to this bill with regard to Booker amendment No. 155 (to amendment millions of workers. It has led to lower No. 2), to allow permitting agencies to con- gas prices. It has provided a real stim- revenue sharing and worked very close- sider new circumstances and new informa- ulus to the pocketbooks of just about ly with my new Senate colleague, BILL tion. every American. It is fundamentally CASSIDY, and others. This is important Burr modified amendment No. 92 (to changing our role on the international now more than ever, particularly in amendment No. 2), to permanently reauthor- stage, which is so important. light, unfortunately, of the Obama ad- ize the Land and Water Conservation Fund. The amendment Senator VITTER has ministration’s recently announced 5- Cardin amendment No. 124 (to amendment offered to the underlying bill, which year OCS plan. That plan is grossly in- No. 2), to clarify that treaties with Indian would increase access to our offshore adequate. It really chops up and goes tribes remain in effect. down even lower than we have been Cantwell (for Peters/Stabenow) amend- energy resources and provide revenue ment No. 55 (to amendment No. 2), to require sharing for coastal producing States, is with regard to the development of our a study of the potential environmental im- a very important one. Again, I thank Outer Continental Shelf. pact of by-products of the Keystone XL pipe- him for that. Revenue sharing is one key way to line. One of my top priorities as chairman reverse that trend and produce more Murkowski (for Barrasso) amendment No. of the Energy and Natural Resources American energy in a safe and environ- 245 (to amendment No. 2), to clarify that Committee is to help ensure the explo- mentally sensitive way and have all of treaties with Indian tribes remain in effect. this benefit, including, by the way, the ration and the development of Alaska’s Daines amendment No. 246 (to amendment Federal Treasury. My revenue-sharing Outer Continental Shelf—OCS—which No. 2), to express the sense of Congress that amendment and other revenue-sharing holds an estimated 236 billion barrels of reauthorizing the Land and Water Conserva- ideas—certainly including those Sen- tion Fund should be a priority. offshore oil and 132 trillion cubic feet ator MURKOWSKI is working on—would Udall amendment No. 77, to establish a re- of offshore natural gas. This is clearly newable electricity standard. do just that. We have three funda- an amazing resource base. It is going to mental goals in mind. The PRESIDING OFFICER. Under take a while—more than a decade—to First of all, we need to expand pro- the previous order, there will now be 15 develop, but it will provide substantial duction activity on our U.S. Outer Con- minutes of debate equally divided in government revenues for generations tinental Shelf. the usual form. to come. Secondly, we need to treat host Ms. MURKOWSKI. Mr. President, as With the benefits that come with this States right. They have benefits like we just heard, the House has sent over resource development, there are also the economic benefits we enjoy in Lou- legislation they have moved through impacts. There will be impacts both to isiana, but there are also costs and bur- that body that would allow for export the State of Alaska and to coastal dens. There are absolutely impacts to of LNG. As we speak, in the Energy and communities. It will require major in- coastal communities. That requires Natural Resources Committee down- vestment in new infrastructure, wheth- that some portion of that revenue from stairs, the committee is considering a er it be ports or pipelines or roads. that production stay in the host bipartisan LNG measure. Five Repub- That just comes with this kind of re- States. That is what revenue sharing is licans and five Democrats are coming source production. all about. We need that in Alaska. We together with an LNG export proposal I look forward to working with Sen- need that in the gulf. We need that that they have not only worked with ator VITTER to address the revenue when we start production on the east the administration on, but the admin- sharing not only for my State but for coast. istration is actually carrying out, the gulf States and other States that Finally, we need that revenue shar- without the law being in place. Cer- host energy development off of their ing because it is the most powerful in- tainly we are getting to a place with coastline in legislation that the energy centive tool out there to significantly

VerDate Sep 11 2014 23:41 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JA6.016 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE S622 CONGRESSIONAL RECORD — SENATE January 29, 2015 boost production, to get more States moving us through. I think we all ap- we have some good provisions included into the act, to get more production preciate it when we hear the words ‘‘an in the bill. We were able to adopt by online working toward American en- amendment has been withdrawn’’ in voice the provision of the Senator from ergy independence and an economic terms of being able to move the process Maine to better coordinate energy ret- renaissance. Revenue sharing, properly forward. rofitting assistance for schools. That formulated, will do all of that. I did want to mention a couple of was good for us. I think we have been I really do appreciate Senator MUR- things. One, just to remind everyone, available to reach agreement on sev- KOWSKI’s focus on this issue and com- when we talk about this Canadian oil eral of the measures that will allow the mitment to proceeding with this issue company bringing a pipeline through process to go quickly this morning. in the Senate Energy and Natural Re- the United States down to the Gulf— I am certainly prepared to yield back sources Committee in legislation this putting it on a ship and sending it to any time here so we can commence year. China—they are not paying into the with the voting, although I want to AMENDMENT NO. 80, AS FURTHER MODIFIED oilspill liability trust fund. Our amend- recognize my ranking member and WITHDRAWN ment to say the oil should stay here if partner in this weeks-long effort if she With that having been said, I will Americans are taking all the risk was wants to make any comments before withdraw my Vitter amendment No. 80 voted down. The amendment that the vote. on this bill and certainly will actively would require American steel was Ms. CANTWELL. I know originally partner with Senator MURKOWSKI, Sen- voted down. Any commitment to make we pushed the bill back, so I am happy ator CASSIDY, and others to advance sure these were all American jobs has to move it back to reclaim some of revenue sharing this year. also been voted down. that time and help us. I know there are The PRESIDING OFFICER. Is there I did also—because the distinguished a few things which have been worked objection? Chair of the committee mentioned a out, and we very much appreciate that. Without objection, it is so ordered. bill that came over from the House— I yield back our time. The amendment is withdrawn. want to take a moment to say as we AMENDMENT NO. 246 The Senator from Alaska. look at energy policy in the energy The PRESIDING OFFICER. Under Ms. MURKOWSKI. Mr. President, I committee today we are, in fact, con- the previous order, there is now 2 min- thank my colleague from Louisiana. sidering what I consider to be one of utes of debate equally divided prior to I do think this is an area where those the most fundamental questions for us a vote in relation to amendment No. of us from coastal States can sit down moving forward with this new energy 246, offered by the Senator from Mon- together to truly map out a proposal source in abundance called natural gas. tana, Mr. DAINES. that is fair and equitable, truly taking It is incredibly important we get this Who yields time? advantage of the benefits of accessing right. As opposed to the pipeline going The Senator from Colorado. our offshore resources while recog- through the middle of our country, this Mr. BENNET. Mr. President, I rise to nizing those States that bear the re- is something that can greatly increase oppose the Daines amendment. While I sponsibility of these production and de- our ability to have manufacturing jobs respect the perspective of my colleague velopment activities should share in across the country, to continue to from Montana, this amendment does some of the benefit there as well. I am lower and keep down the prices of heat- nothing to support the Land and Water looking forward to working with him ing and other energy costs for our citi- Conservation Fund. If you really want as well as members of the Energy and zens. If it is done right—the com- to support LWCF, you ought to support Natural Resources Committee. mittee, I believe, dramatically does it the bipartisan Burr amendment which At this time I ask unanimous con- the wrong way. The bill that came we will consider in a few minutes. In- sent that the votes on the Barrasso from the House is very much, in my stead of actually solving the problem, amendment No. 245 and the Cardin judgment, a China-first policy and not the Daines measure creates more delay amendment No. 124 occur after the dis- an America-first policy. I say that be- for delay’s sake and says LWCF should position of the Udall amendment No. cause right now China is willing to pay be a priority but undermines the very 77, with all other provisions of the pre- more than three times for natural gas notion by suggesting there is some- vious order remaining in effect, and than we are. I understand that the gas thing wrong with the program. there be 2 minutes equally divided be- and oil industry wants to rush it on For once we have a program where fore the vote on the Daines amend- ships over to China. But to add insult there actually is nothing wrong with ment. to injury for us, they were willing to it. It has been one of our Nation’s most The PRESIDING OFFICER. Is there pay, last year, $16 and then turn successful conservation programs for 50 objection? around and subsidize their industry years, funding projects in every State Without objection, it is so ordered. that is competing with us and only and literally every single county in the Ms. MURKOWSKI. Just for Members’ give it to them for I believe it was United States. These are projects that information, we will be prepared very $1.78. Our folks who are forced to pay range from creating new parks for shortly to commence votes. The good $16 because we don’t have a prudent ex- inner city kids, to providing new access news for Members is the list of amend- port policy—they just throw open the to sportsmen, to protecting the Na- ments that we had scheduled prior to doors to send it to China. Our folks pay tion’s historic battlefields. We don’t the lunchtime has actually been win- $16. The folks competing with us for need to overhaul LWCF, we just need nowed down somewhat. Some Members, our jobs are paying $1.78. to reauthorize it and let the program’s such as we have just seen from the Sen- I realize we have a lot more discus- proven track record of success con- ator from Louisiana, have chosen to sion on that at a later point. I do want tinue. withdraw. We may be in a position to to say there will be a great debate on I would urge my colleagues to vote take some by voice. We will be having what I believe is one of the most im- no on the Daines amendment before us votes commencing here very quickly. portant issues in front of us in terms of now, but vote yes on the bipartisan But the good news is there will be continuing to having manufacturing Burr amendment to follow. fewer than there were when we started renaissance and the ability to create I yield the floor. out this morning. good middle-class jobs in this country. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- I am hopeful in the end we will have an ator from Alaska. ator from Michigan. America-first policy, not a China-first Ms. MURKOWSKI. Mr. President, I Ms. STABENOW. Mr. President, I as- policy. believe Senator DAINES is still in the sume there is a little bit of time to I yield the floor. Energy and Natural Resources Com- make a couple of comments as we are The PRESIDING OFFICER. The Sen- mittee so I will attempt to speak on waiting. ator from Alaska. his behalf in support of his amendment. I would commend the chairwoman of Ms. MURKOWSKI. Mr. President, we Reauthorizing the LWCF is some- the Energy and Natural Resources are just about ready to begin our votes. thing that I have said we plan to take Committee, for she and the ranking Again, it was a very productive day up in the energy committee. We are Member have done an excellent job of processing amendments yesterday, and going to make it a priority. But I agree

VerDate Sep 11 2014 23:41 Jan 29, 2015 Jkt 049060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JA6.021 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE January 29, 2015 CONGRESSIONAL RECORD — SENATE S623 the sense-of-the-Senate, in order to en- Mr. DURBIN. I announce that the tinue it permanently, and let’s make sure that this program can be an effec- Senator from Nevada (Mr. REID) is nec- sure that what they do in their work, tive tool for management structural essarily absent. where they leverage a few Federal dol- improvements to the program, is going The PRESIDING OFFICER. (Mrs. lars with a lot of private dollars, not to to be needed. ERNST). Are there any other Senators acquire massive amounts of lands or For example, I know the LWCF has in the Chamber desiring to vote? create parks but to put adjoining lands been used to acquire inholdings in ex- The result was announced—yeas 47, together that stops encroachment on isting national parks, our national for- nays 51, as follows: some very sensitive areas—this is a ests, and wildlife refuges. Acquiring [Rollcall Vote No. 42 Leg.] smart investment, and it is an invest- inholdings can improve management. YEAS—47 ment we make off of the production of We should do more of these kinds of Alexander Fischer Perdue energy in this country. targeted land acquisitions. Barrasso Gardner Portman I urge my colleagues to support Another structural change I know Blunt Grassley Risch amendment No. 92. some are interested in making is set- Boozman Hatch Roberts Capito Heller I yield the floor. ting aside some of the LWCF funding Rounds Cassidy Hoeven Sasse The PRESIDING OFFICER. The Sen- to address the maintenance backlog Coats Inhofe Scott ator from Alaska. facing our Federal land management Cochran Isakson Sessions Corker Johnson Ms. MURKOWSKI. Madam President, Shelby agencies. We have combined mainte- Cornyn Kirk Sullivan I would suggest that legislative pro- nance backlogs, as much as $22 billion, Cotton Lankford Thune posals such as reauthorizing the LWCF according to CRS reports. We have Crapo Manchin Tillis should be considered under regular issues. We have to do that. Daines McCain Donnelly McConnell Toomey order, beginning with hearings in the I will support the Daines amendment. Vitter Enzi Moran Energy and Natural Resources Com- Mr. DAINES. Mr. President, the Land Wicker Ernst Murkowski mittee. Obviously, this is an issue in and Water Conservation Fund has been NAYS—51 which many of us are interested. We instrumental in increasing access to Ayotte Flake Murphy have just had a measure before this our public lands, growing opportunities Baldwin Franken Murray which spoke to some of the proposed for outdoor recreation, and protecting Bennet Gillibrand Nelson policy changes that might be consid- wildlife. And there is great potential Blumenthal Graham Paul ered. for the program to be used to increase Booker Heinrich Peters Boxer Heitkamp Reed So whether we are seeking to reau- access to our existing Federal lands. Brown Hirono Sanders My amendment expresses the sense of Burr Kaine Schatz thorize permanently or considering dif- Congress that the Land and Water Con- Cantwell King Schumer ferent set-asides of funds that come in servation Fund serves an important Cardin Klobuchar Shaheen for different programs, I would like to Carper Leahy Stabenow think we could do it through regular role in improving wildlife habitat, in- Casey Lee Tester creasing outdoor recreation opportuni- Collins Markey Udall order. But I certainly understand ties, and facilitating economic develop- Coons McCaskill Warner where the Senator from North Carolina Cruz Menendez Warren is coming from, and I look forward to ment on our public lands. Durbin Merkley Whitehouse It will also convey that funding and Feinstein Mikulski Wyden working with him. The PRESIDING OFFICER. The reauthorizing the Land and Water Con- NOT VOTING—2 servation Fund should be a priority for question is on agreeing to amendment Reid Rubio Congress and as we consider its reau- No. 92, as modified. thorization, we should also look for im- The PRESIDING OFFICER. Under Ms. MURKOWSKI. I ask for the yeas provements to the structure of the pro- the previous order requiring 60 votes and nays. gram. The benefits and opportunities for the adoption of this amendment, The PRESIDING OFFICER. Is there a for improvement to the Land and the amendment is rejected. sufficient second? Water Conservation Fund should be Ms. MURKOWSKI. I move to recon- There appears to be a sufficient sec- thoroughly evaluated in a transparent sider the vote. ond. Mr. VITTER. I move to lay that mo- legislative process. The clerk will call the roll. tion on the table. My amendment would support au- The bill clerk called the roll. thorization through the legislative The motion to lay on the table was agreed to. Mr. CORNYN. The following Senator process and allow for oversight and is necessarily absent: the Senator from AMENDMENT NO. 92, AS MODIFIED transparency in improving the pro- Florida (Mr. RUBIO). The PRESIDING OFFICER. Under gram. My amendment is not intended Mr. DURBIN. I announce that the to undermine the integrity of the pro- the previous order, there is now 2 min- utes of debate equally divided prior to Senator from Nevada (Mr. REID) is nec- gram. essarily absent. Montana’s outdoors heritage is of a vote in relation to amendment No. 92, great importance to our State’s econ- as modified, offered by the Senator The PRESIDING OFFICER. (Mrs. FISCHER). Are there any other Senators omy and thousands of Montanans’ way from North Carolina, Mr. BURR. of life. Supporting and improving the The Senator from North Carolina. in the Chamber desiring to vote? Land and Water Conservation Fund Mr. BURR. Madam President, I will The result was announced—yeas 59, will help us ensure that this legacy is be brief, but I would like my col- nays 39, as follows: continued for future generations. leagues’ attention because we have an [Rollcall Vote No. 43 Leg.] The PRESIDING OFFICER. Under opportunity today to take a program YEAS—59 the previous order, the question is on that functions well, that this body de- Alexander Donnelly McCaskill agreeing to the Daines amendment, No. signed, funded from royalties off of ex- Ayotte Durbin Menendez 246. ploration of energy, that has never Baldwin Feinstein Merkley been fully funded at what the statute Bennet Franken Mikulski Ms. MURKOWSKI. I ask for the yeas Blumenthal Gardner said we would do, and every so often it Murphy and nays. Blunt Gillibrand Murray The PRESIDING OFFICER. Is there a comes up for reauthorization. That is Booker Graham Nelson sufficient second? sort of stupid. Boxer Heinrich Peters Brown Heitkamp Portman There appears to be a sufficient sec- What this amendment does is it Burr Hirono Reed ond. makes permanent the Land and Water Cantwell Kaine Sanders Conservation Fund. I say to my friends Capito King The clerk will call the roll. Schatz The assistant legislative clerk called and colleagues, if you want to change Cardin Kirk Carper Klobuchar Schumer the roll. the makeup of the fund—what it does, Casey Leahy Shaheen Mr. CORNYN. The following Senator how it works—that still exists, but Collins Manchin Stabenow is necessarily absent: the Senator from let’s not have the debate as to whether Coons Markey Tester Corker McCain Thune Florida (Mr. RUBIO). this is going to continue. Let’s con-

VerDate Sep 11 2014 02:41 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JA6.022 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE S624 CONGRESSIONAL RECORD — SENATE January 29, 2015 Tillis Warner Whitehouse these amendments. If we move quickly, The Senator from Alaska. Udall Warren Wyden if we stay on the floor and stick to 10- Ms. MURKOWSKI. Madam President, NAYS—39 minute votes, we can finish them all this is an amendment Senator BAR- Barrasso Flake Paul before lunch. I think that would be RASSO and Senator CARDIN have been Boozman Grassley Perdue good, but it is going to require the co- working on together. This amendment Cassidy Hatch Risch Coats Heller Roberts operation of all Members. provides that the Federal Government Cochran Hoeven Rounds With that, I ask for the yeas and must consult with the relevant Indian Cornyn Inhofe Sasse nays. nations before modifying or breaking Cotton Isakson Scott The PRESIDING OFFICER. Is there a any trust or treaty obligation. This ob- Crapo Johnson Sessions Cruz Lankford Shelby sufficient second? ligation is already required by Execu- Daines Lee Sullivan There appears to be a sufficient sec- tive order. The Federal Government Enzi McConnell Toomey ond. has been fulfilling its government-to- Ernst Moran Vitter The question is on agreeing to Udall Fischer Murkowski Wicker government consultation responsibil- amendment No. 77. ities on the Keystone XL Pipeline NOT VOTING—2 The clerk will call the roll. project for over 6 years. Reid Rubio The assistant bill clerk called the I think it is important for colleagues The PRESIDING OFFICER. Under roll. to recognize that this amendment does the previous order requiring 60 votes Mr. CORNYN. The following Senator not create any new law; it is merely an for the adoption of this amendment, is necessarily absent: the Senator from additional guarantee that the Federal the amendment, as modified, is re- Florida (Mr. RUBIO). Government will live up to its existing jected. Mr. DURBIN. I announce that the obligations to consult with the Indian Ms. MURKOWSKI. Madam President, Senator from Nevada (Mr. REID) is nec- nations, which is a matter I think we I move to reconsider the vote. essarily absent. should all be able to agree on. Mr. CORNYN. I move to lay that mo- The PRESIDING OFFICER. Are there This is an issue Senator BARRASSO tion on the table. any other Senators in the Chamber de- has been working on with the Senator The motion to lay on the table was siring to vote? from Maryland, and they have indi- agreed to. The result was announced—yeas 45, cated that they will accept a voice vote AMENDMENT NO. 77 nays 53, as follows: on this amendment. The PRESIDING OFFICER. Under [Rollcall Vote No. 44 Leg.] AMENDMENT NO. 245, AS MODIFIED the previous order, there will now be 2 YEAS—45 I ask unanimous consent that Bar- minutes of debate equally divided prior Ayotte Franken Murphy rasso amendment No. 245 be modified to a vote in relation to amendment No. Baldwin Gillibrand Murray with the changes at the desk. 77, offered by the Senator from New Bennet Heinrich Peters The PRESIDING OFFICER. Is there Blumenthal Heller Reed objection? Mexico, Mr. UDALL. Booker Hirono Sanders The Senator from New Mexico. Boxer Kaine Schatz Without objection, it is so ordered. Mr. UDALL. Madam President, this Brown King Schumer The amendment, as modified, is as amendment creates a national market Cantwell Kirk Shaheen follows: Cardin Klobuchar Stabenow At the appropriate place, insert the fol- for renewable energy. A bill similar to Carper Leahy Tester this has passed the Senate three times Casey Markey Udall lowing: and also passed the House once. These Collins McCaskill Warner SEC. ll. CONSULTATION WITH INDIAN TRIBES. are the jobs of the future—renewable Coons Menendez Warren Nothing in this Act relieves the United Durbin Merkley Whitehouse States of its responsibility to consult with energy jobs. More than half of the new Feinstein Mikulski Wyden Indian nations as required under executive generation of energy in the world is in NAYS—53 order 13175 (67 Fed. Reg. 67249) (November 6, renewables, and this amendment—it is 2000). estimated by the people who have stud- Alexander Fischer Nelson Barrasso Flake Paul Ms. MURKOWSKI. I ask unanimous ied it and the experts—would create Blunt Gardner Perdue consent that the 60-vote affirmative about 300,000 new jobs. Boozman Graham Portman threshold be vitiated, and I urge its So I ask my colleagues to support it. Burr Grassley Risch Capito adoption by voice vote. It is a good complement to the bill we Hatch Roberts Cassidy Heitkamp Rounds The PRESIDING OFFICER. Without are on, and it would create a lot of new Coats Hoeven Sasse objection, it is so ordered. Cochran Inhofe jobs. Scott Is there further debate on this Corker Isakson I yield back. Sessions Cornyn Johnson amendment? Shelby The PRESIDING OFFICER. The Sen- Cotton Lankford If not, the question is on agreeing to ator from Alaska. Crapo Lee Sullivan the amendment. Ms. MURKOWSKI. Madam President, Cruz Manchin Thune Tillis The amendment (No. 245), as modi- this amendment is an issue that Con- Daines McCain Donnelly McConnell Toomey fied, was agreed to. gress has considered many times over Enzi Moran Vitter Ms. MURKOWSKI. Madam President, the past 16 years, but we declined to Ernst Murkowski Wicker I move to reconsider the vote. impose a renewable electricity stand- NOT VOTING—2 Mr. BARRASSO. I move to lay that ard. Reid Rubio motion on the table. We called it several different names. The motion to lay on the table was We called it a renewable portfolio The PRESIDING OFFICER. Under agreed to. standard. Then it moved to renewable the previous order requiring 60 votes The PRESIDING OFFICER. The Sen- electricity standard. It was later re- for the adoption of this amendment, ator from Maryland. branded the clean energy standard. the amendment is rejected. AMENDMENT NO. 124 Now it is back to the RES. But this lat- Ms. MURKOWSKI. Madam President, Mr. CARDIN. Madam President, I ask est proposal that 25 percent of elec- I move to reconsider the vote. unanimous consent that I take a few tricity supplied by a retail provider be Mr. PORTMAN. I move to lay that minutes to debate the next amendment generated by certain renewable re- motion on the table. and save a little bit of time at the end sources by 2025 is really no different The motion to lay on the table was by withdrawing the amendment. than the EPA’s move to impose a 30- agreed to. The PRESIDING OFFICER. Without percent reduction in greenhouse gases AMENDMENT NO. 245 objection, it is so ordered. from existing powerplants by 2030 The PRESIDING OFFICER. Under Mr. CARDIN. Madam President, as under this proposed CPP regulation. the previous order, there will now be 2 we consider both the Barrasso and I would encourage Members to oppose minutes of debate equally divided prior Cardin amendments, I wish to remind this amendment. to a vote in relation to amendment No. my colleagues of the unique history Further, I would note to colleagues 245, offered by the Senator from Wyo- the United States has with Indian na- that we are very close to finishing up ming, Mr. BARRASSO. tions. This history includes over 300

VerDate Sep 11 2014 00:59 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JA6.002 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE January 29, 2015 CONGRESSIONAL RECORD — SENATE S625 treaties that were negotiated with in- to-government relationship with Indian rather, we intend fair, good faith deal- dividual tribes and nations which re- tribes’’. President Obama re-committed fed- ings that honor the high standards of main in effect today. eral agencies to this duty through a Memo- the United States’ treaty and trust re- For over two centuries our Nation randum for the Heads of Executive Depart- ments and Agencies issued on November 5, lationship with the Native peoples. disregarded the concerns of tribal na- 2009, in which he declared: ‘‘My Administra- I will close my remarks simply by in- tions with respect to expansion and de- tion is committed to regular and meaningful cluding excerpts from just two recent velopment that affected their commu- consultation and collaboration with tribal judicial decisions regarding the nature nities. This often included abrogating officials in policy decisions that have tribal of Federal-tribal consultation. First, treaty rights and disregarding trust ob- implications including, as an initial step, from the U.S. District Court for the ligations this country has to Indian na- through a complete and consistent imple- Southern District of California ruling mentation of Executive Order 13175’’. To pre- tions and individual Indians. But this in the case of Quechan Tribe v. United is no longer how we work with Indian pare final DOI comments on a document of this magnitude without affording us the op- States Department of the Interior, et nations in our country. We now have portunity for a meaningful face to face/gov- al (December 15, 2010), citing the Na- laws and Executive orders requiring de- ernment to government meeting is a flagrant tional Historic Preservation Act: ‘‘The liberate and meaningful consultation violation of President Obama’s directive in consultation requirement is not an on any actions taken by the Federal 2009 and of the commitments President empty formality; rather, it ‘must rec- Government that affect tribal inter- Obama has made to us as recently as last De- ognize the government-to-government ests. We have also signed on to the cember. relationship between the Federal Gov- United Nations Declaration Rights of Now, what is meant by the term ernment and Indian tribes’ and is to be Indigenous Peoples, which states that ‘‘consultation’’? When the world com- ‘conducted in a manner sensitive to the the rights of indigenous peoples cannot munity of nations, including the concerns and needs of the Indian be abrogated without their free and in- United States, worked with Indigenous tribe.’ ’’ formed consent. Peoples over a 15-year period to de- Second, from the case of Comanche I want to make it crystal clear that velop the United Nations Declaration Nation, et al v. USA, et al (September nothing in this bill is meant to abro- on the Rights of Indigenous Peoples, 23, 2008), involving the Army’s failure gate the rights of any Indian nation or they used the consultative standard of to consult with the Comanche Nation any individual Indian. So while I be- ‘‘free, prior and informed consent’’ in regarding a sacred place, Medicine lieve we could say more to affirm these Article 11, 2: which reads: ‘‘States shall Bluff, the U.S. District Court for the policies in this bill, I am happy that at provide redress through effective mech- Western District of Oklahoma found a minimum, Senator BARRASSO’s anisms, which may include restitution, that the National Historic Protection amendment guarantees that Indian na- developed in conjunction with indige- Act, NHPA: tions continue to have a voice through nous peoples, with respect to their cul- . . . requires an agency to make a reasonable meaningful consultation on this tural, intellectual, religious and spir- and good faith effort to identify historic project. itual property taken without their properties that may be impacted, and to It has been necessary to have this free, prior and informed consent or in identify . . . issues in connection with such discussion because the Great Plains violation of their laws, traditions and potential impact. . . . The reasonable and Tribal Chairman’s Association does not customs.’’ good faith efforts requirement extends to believe that the consultation required This language was necessary because consultation with Native American tribes is occurring with respect to KXL. It is the Federal Government and the States which may attach religious and cultural sig- helpful to remind the executive branch once ran roughshod over the rights of nificance to potentially affected property agencies involved in this process just Native peoples and simply took and . . . It has been said that, in a general sense, the NHPA requires agencies to ‘stop, look, what their obligations are. I would like used land and other property of Native and listen’ before commencing actions which to quote from a letter the association nations and persons, and there was a could impact historic or culturally signifi- recently sent to Interior Secretary need to make sure that this would not cant properties. . . . The evidence submitted Jewell, which states in part: happen in the future. In the late 1800s during the preliminary injunction hearing As our Trustee, DOI has a specific duty to and early 1900s, Native peoples were substantially demonstrates Defendants’ ac- insure that its comments and positions on confined to reservations and could not tions were contrary to the letter and the this National Interest Determination accu- leave without permission of the Fed- spirit of the NHPA and its implementing reg- rately reflect the very real potential impacts eral Indian agent. Even in the 1950s and ulations. . . . Defendants virtually ignored the concerns regarding the viewscape up to that this Project may have on our historical 1960s, Native delegations to Wash- Tribal homelands, sacred sites, cultural re- the Bluffs from the southern approach. . . . sources and water rights, all of which are ington were not supposed to go to Cap- Contrary to the direction of the Ft. Sill Gar- protected by applicable federal law and our itol Hill without checking in at the Bu- rison Commander . . . to ‘get with the tribes’ Treaties with the United States. While many reau of Indian Affairs, BIA. Native peo- about their viewscape issues, that same day of our Tribes have submitted comments on ple tell me that they used to think BIA the Section 106 letter was sent out without a this document, the State Department’s un- stood for ‘‘boss Indians around.’’ Out of reference to Medicine Bluffs and without willingness to sit down with us on a govern- this sorry past have come new policies mentioning the potential impact on ment to government basis to discuss our con- that give true meaning to the nation- viewscapes. Instead, the details of the TSC project were buried in technical attach- cerns has led us to question whether that De- to-nation relationship. Key to this re- partment really respects our legal roles as ments, and the consulting parties were left elected officials of federally recognized sov- lationship is ongoing consultation that to ferret out for themselves the adverse im- ereign tribes. These concerns are so serious is meaningful and worthy of trust, and pact on viewscapes then known by Defend- that the Standing Rock Sioux Tribe, the agreements that are made are trans- ants to exist. . . . Moreover, the requirement Cheyenne River Sioux Tribe, the Rosebud parent and consensual. of good faith consultation suggests that the Sioux Tribe, and the Yankton Sioux Tribe There are many laws mandating con- consulted Native American tribes would have all become party interveners in the sultation with Indian tribes and per- have considered it important to know, and South Dakota Public Utility Commission’s sons, regarding areas on tribal, indi- therefore should have been told, that the proceedings challenging its 2010 action per- vidual trust and original lands, among TSC warehouse was the tip of the iceberg re- mit for this project. garding plans to build within the southern Madam Secretary, we know that you have them the American Indian Religious approach to the Bluffs. . . . In reality, the many important demands on your schedule, Freedom Act, the Archaeological Re- area in question is also slated for construc- but meaningful government to government sources Protection Act, the Native tion of a DRMO facility (which will occupy consultation, especially on matters of this American Graves Protection & Repa- about 20 acres), construction of a fire sta- importance, is assured to us by President triation Act, and the National Historic tion, and a widening of Randolph Road on its Obama’s Tribal Consultation policy of No- Preservation Act. Unless the consulta- north side. Had this cumulative impact been vember 5, 2009, as well as by Executive Order tion required under these and other disclosed to the area tribes, their initial re- 13175. President Clinton issued that Execu- statutes is open and based on informed action may well have been different. As it tive Order to ‘‘establish regular and mean- was, the Comanche Nation began com- ingful consultation and collaboration with consent, it is not meaningful and can- plaining in earnest in the fall of 2007 and tribal officials in the development of Federal not lead to a good end. When we refer early 2008. These protests, asserted after the policies that have tribal implications [and] to consultation in the modern era, we close of the 30-day comment period an- to strengthen the United States government- do not mean some sleight of hand; nounced in the August 10, 2007 Section 106

VerDate Sep 11 2014 02:41 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JA6.024 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE S626 CONGRESSIONAL RECORD — SENATE January 29, 2015 letter, were brushed off by defendants as un- be brought to a close, upon reconsider- The PRESIDING OFFICER. Without timely. Having concluded that they tech- ation? objection, it is so ordered. nically complied with the Section 106 proc- The yeas and nays are mandatory INNOVATION FOR HEALTHIER AMERICANS ess, Defendants decided to proceed with the under the rule. REPORT TSC project despite the mounting objections The clerk will call the roll. Mr. ALEXANDER. The Senator from from the Comanche Nation. . . . it has been The legislative clerk called the roll. said that the NHPA requires an agency to North Carolina, Senator BURR, and I ‘stop, look and listen’ Coliseum Square Mr. CORNYN. The following Senator are here to speak about an important Ass’n, Inc., 465 F.3d at 225; the evidence in is necessarily absent: the Senator from and exciting development that is about the present case suggests that Defendants Florida (Mr. RUBIO). to occur in our Health, Education, merely paused, glanced, and turned a deaf Mr. DURBIN. I announce that the Labor, and Pensions Committee. What ear to warnings of adverse impact. Thus, De- Senator from Hawaii (Ms. HIRONO) and we are talking about and we will de- fendants’ efforts fell short of the reasonable the Senator from Nevada (Mr. REID) scribe in our remarks today is a report and good faith efforts required by the law. are necessarily absent. Where a plaintiff shows that an agency failed entitled ‘‘Innovation for Healthier The PRESIDING OFFICER (Mr. Americans’’ which will launch a bipar- to comply with the NHPA requirements, in- SASSE). Are there any other Senators junctive relief may issue. tisan effort to look at how Congress in the Chamber desiring to vote? can help to get cutting-edge treat- The bottom line is that for over two The yeas and nays resulted—yeas 62, ments, drugs, and devices to America’s centuries, our Nation disregarded the nays 35, as follows: concerns of tribal nations with respect patients more quickly while still pre- [Rollcall Vote No. 45 Leg.] serving this Nation’s gold standard for to projects affecting tribal commu- YEAS—62 nities. We now have laws and executive safety and quality. This report and the Alexander Enzi Moran actions we hope to take will affect vir- orders requiring deliberate and mean- Ayotte Ernst Murkowski ingful consultation on any actions Barrasso Fischer Paul tually every American. taken by the Federal Government that Bennet Flake Perdue I am especially glad today to be here affect tribal interests. This certainly Blunt Gardner Portman with the Senator from North Carolina. Boozman Graham Risch While there are a number of Senators applies to the Keystone pipeline. Burr Grassley Roberts on this body who worked hard on these I want to thank Senator BARRASSO Capito Hatch Rounds Carper Heitkamp for working with us on the amendment Sasse issues—which in our government are Casey Heller Scott usually dealt with by the Food and we just approved that makes it very Cassidy Hoeven clear that the consultation obligations Coats Inhofe Sessions Drug Administration and by the Na- must be adhered to. I also want to Cochran Isakson Shelby tional Institutes of Health—no one has Collins Johnson Sullivan been more effective, no one has worked thank Senator HEINRICH, Senator Tester Corker Kirk harder, and no one has had more fore- TESTER, and Senator CANTWELL for Cornyn Lankford Thune their incredible help on this issue so we Cotton Lee Tillis sight and vision on these issues than could get a compromise. Crapo Manchin Toomey RICHARD BURR, the Senator from North Cruz McCain Vitter Carolina. The report today is substan- The work that Senator BARRASSO and Daines McCaskill Warner I have done in consultation with other Donnelly McConnell Wicker tially his work product, and he will be deeply involved in the next year as we Members, with the amendments that NAYS—35 have been filed, to try to find common work with Senator MURRAY, our Demo- Baldwin Heinrich Peters cratic friends, and with President ground exemplifies what I hope we Blumenthal Kaine Reed would do more of here in the Senate: Booker King Sanders Obama to try to bring this to a result. finding common ground. Boxer Klobuchar Schatz In 2013, Dr. Francis Collins, Director So I am pleased we were able to Brown Leahy Schumer of the National Institutes of Health, Cantwell Markey Shaheen wrote the following: adopt the Barrasso amendment. Cardin Menendez Stabenow Drugs exist for only about 250 of the more AMENDMENT NO. 124 WITHDRAWN Coons Merkley Udall Durbin Mikulski than 4,400 conditions with defined molecular Warren With that, I ask unanimous consent Feinstein Murphy Whitehouse causes. And it takes far too long and far too to withdraw my amendment. Franken Murray Wyden much money to get a new drug into our med- The PRESIDING OFFICER. Without Gillibrand Nelson icine cabinets. This is an old problem that objection, it is so ordered. NOT VOTING—3 cries out for new and creative solutions. The amendment is withdrawn. Hirono Reid Rubio Since Dr. Collins said that, the num- Under the previous order, the motion The PRESIDING OFFICER (Mr. COT- ber of conditions with defined molec- to proceed to the motion to reconsider ular causes has increased now to about the vote by which cloture was not in- TON). On this vote, the yeas are 62, the nays are 35. Three-fifths of the Sen- 5,390, yet the number of new drugs ap- voked on S. 1 is agreed to, and the mo- proved has not kept pace with these tion to reconsider is also agreed to. ators duly chosen and sworn having voted in the affirmative, upon recon- discoveries. CLOTURE MOTION sideration, the motion is agreed to. The President of the United States Pursuant to rule XXII, the Chair lays The Senator from Tennessee. has recognized this problem. In his before the Senate the pending cloture Mr. ALEXANDER. Mr. President, I State of the Union message a few days motion, which the clerk will state. ask unanimous consent to speak for up ago, President Obama said this: The legislative clerk read as follows: to 15 minutes, and that following me, 21st century businesses will rely on Amer- CLOTURE MOTION the Senator from North Carolina be ican science, technology, research and devel- We, the undersigned Senators, in accord- recognized for up to 15 minutes. opment. I want the country that eliminated ance with the provisions of rule XXII of the The PRESIDING OFFICER. Without polio and mapped the human genome to lead a new era of medicine—one that delivers the Standing Rules of the Senate, do hereby objection, it is so ordered. move to bring to a close debate on S. 1, a bill right treatment at the right time. In some Mr. ALEXANDER. Mr. President, I patients with cystic fibrosis, this approach to approve the Keystone XL pipeline. am advised by the highly competent Mitch McConnell, Lisa Murkowski, Rich- has reversed a disease once thought ard Burr, Jerry Moran, John Thune, floor staff that Senators NELSON and unstoppable. Marco Rubio, Johnny Isakson, Kelly COLLINS will be worked in to be able to The President said: Ayotte, Ben Sasse, Deb Fischer, John speak shortly after we have because I Tonight, I’m launching a new Precision Boozman, David Vitter, Tim Scott, know they both are hoping to do that. Medicine Initiative to bring us closer to cur- Roger F. Wicker, Richard C. Shelby, AMENDMENTS NOS. 67, 98, 103, 174, 102, AND 55 ing diseases like cancer and diabetes—and to Michael B. Enzi, Roy Blunt. WITHDRAWN give all of us access to the personalized in- The PRESIDING OFFICER. By unan- Mr. ALEXANDER. I ask unanimous formation we need to keep ourselves and our imous consent, the mandatory quorum consent that the following amend- families healthier. call has been waived. ments be withdrawn: Sullivan No. 67, Senator MURRAY and I had breakfast The question is, Is it the sense of the Murkowski No. 98, Flake No. 103, yesterday with Secretary Burwell and Senate that debate on S. 1, a bill to ap- Merkley No. 174, Tillis No. 102, and talked with her about the President’s prove the Keystone XL pipeline, shall Peters No. 55. statement and about Secretary

VerDate Sep 11 2014 00:59 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JA6.025 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE January 29, 2015 CONGRESSIONAL RECORD — SENATE S627 Burwell’s own desire to help implement FDA Commissioner Dr. Margaret efforts over the last 30 years are help- that initiative. Hamburg has acknowledged that ‘‘we ing and not getting in the way of hav- Today Senator BURR and I released a are left relying on the 20th century ap- ing the best treatment and technology report titled ‘‘Innovation for Healthier proaches for the review, approval and available for the right patient at the Americans.’’ oversight of the treatments and cures right time. Our goal is simple but am- Next, Senator MURRAY—who is rank- of the 21st century.’’ bitious—to work in a bipartisan way ing member of the Committee on There is no time to waste in solving with members of the HELP Committee Health, Education, Labor, and Pen- this problem. The mapping of the to make sure policies support medical sions—and I will start examining the human genome opened a whole new innovation and patient access to im- issues in this report and other issues world of individualized medicine in portant medicines and medical tech- raised in comments, through a bipar- which a person’s genetic makeup can nologies. tisan HELP Committee staff working drive the doctor’s plan for disease pre- I ask unanimous consent to have group. vention, diagnosis, and treatment. printed in the RECORD the copy of the I emphasize that we are going to be In the words of Andrew von executive summary from the report working together, Democrats and Re- Eschenbach, the former Commissioner that Senator BURR and I are releasing publicans. We are going to be working of the FDA and Director of the Na- today. with Secretary Burwell, we are going tional Cancer Institute: There being no objection, the mate- to be working with the President of the We stand on the cusp of a revolution in rial was ordered to be printed in the United States, and we are going to be health care. Advances in molecular medicine RECORD, as follows: will allow us to develop powerful new treat- on a parallel track with the House of EXECUTIVE SUMMARY Representatives, where Chairman ments that can cure or even prevent diseases like Alzheimer’s and cancer. Tomorrow’s ‘‘We stand on the cusp of a revolution in UPTON and his team have been working high-tech cures can also slash health-care health care. Advances in molecular medicine for several months on what they call costs and eliminate ineffective treatments. will allow us to develop powerful new treat- 21st century cures. In our committee in What will it take to realize the potential of ments that can cure or even prevent diseases the Senate we will begin hearings in the new medicine? like Alzheimer’s and cancer. Tomorrow’s high-tech cures can also slash health-care March. Today’s report is the first step of our We are releasing the report today in costs and eliminate ineffective treatments. initiative. It seeks to answer the ques- What will it take to realize the potential of order to ask for comments. Surely we tions: What today is driving innova- the new medicine?’’ missed something in the report. If tion? What barriers are standing in the —Andrew von Eschenbach, former FDA Com- someone who is listening or reading it way? What can we improve? missioner, 2012 may have an idea or solution, we would The report has five main themes: The federal government has been an enthu- like to know about that. We have No. 1, it costs too much to bring med- siastic investor in biomedical research for opened an email account just to hear ical products to patients; No. 2, as five decades. That investment has helped drive rapid innovation and bring us to a from those outside of Washington, DC, science and technology advance, the that is: [email protected]. crossroads: Will we use what we have learned discovery and development process to transform the discovery and development Improving medical device and drug takes too long; No. 3, the Food and of new drugs and medical devices, or will we development is not a new topic for the Drug Administration’s responsibilities maintain the status quo, depriving patients HELP Committee. Legislation was have grown to include many unrelated of cutting-edge products? passed in 1997 and different legislation to regulating medical products; No. 4, With the release of this report, the Senate was passed in 2012 to try to get at the science outside the FDA is moving at a Health, Education, Labor and Pensions same goal of speeding delivery of drugs faster pace than ever; No. 5, an effec- (HELP) Committee is beginning an inclusive and devices while ensuring they are and transparent process to: tive FDA is essential to maintain the Candidly assess the status quo: What still safe. Our goal will be to give bi- U.S. leadership in biomedical innova- works? What’s not working? What can we do partisan legislation to the President tion. better? this year. Some of the report’s key findings in- Identify how Congress can improve public It is encouraging to have the House, clude that complex medical devices ap- policies to promote the efficiency and effec- the Senate, and the President working proved in the U.S. were available to pa- tiveness of medical product development to on such an important common goal tients in Europe on average four years cut down on the total time it takes for these that affects virtually every American earlier than in the U.S., and increased products to get to American patients. during the same Congress. That greatly Pass transformational legislation that the competition for NIH grants may be dis- President can sign this year. increases our likelihood of securing a couraging researchers from proposing Every American is personally affected by result. risky projects. Further, the average the U.S. Food and Drug Administration We want to improve and modernize cost to develop a drug is disputed-some (FDA) and National Institutes of Health how drugs and medical devices are dis- say $1 billion, some say $2 billion, some (NIH). Anytime we take medicine, have a covered, developed, and approved. We more-but all agree it is rising, and un- routine check-up, or undergo a serious proce- will examine the work of the National predictable and inconsistent develop- dure for a health problem, like surgery or Institutes of Health, which funds and ment requirement standards in the cancer treatment, we are using medical prod- enables much of the research that leads ucts regulated by the FDA. In many cases, FDA review process drive product de- the research leading to the discovery and de- to medical breakthroughs and the Food velopers to design clinical trials that velopment of these products has been ad- and Drug Administration which regu- are unnecessarily expansive. vanced, funded, or enabled in some way by lates all the medical products we come Since World War II, the U.S. has the NIH. in contact with. dominated the biomedical industry These two agencies have an enormous in- As I mentioned, this work will touch space. Even 20 years ago, studies sug- fluence on our economy. FDA-regulated the life of almost every single Amer- gested that the U.S. share of global products account for about 25 cents of every ican—from a very ill patient who has biomedical research funding was as dollar spent by American consumers each run out of treatment options and is year. high as 70–80 percent. For generations, America has led the world counting on the most cutting-edge However, from 2007 to 2012, the U.S. in medical innovation. The dedicated profes- drug to an active child with asthma share of research and development de- sionals at the NIH and FDA have helped to who is hoping to run faster and farther clined from about 51 percent to 45 per- instill confidence in FDA-approved products. with the aid of a new drug. cent. While the U.S. continued to lead Scientists from across the globe take seri- Today our scientists and researchers the world in public sector investment ously the findings and caliber of research are making discoveries at a pace that during this time, private sector invest- that NIH funds, as well as the safety and effi- our development process is not ment shrank by almost $13 billion and cacy of products FDA approves. equipped to match. Patients wait while But our global edge is slipping. largely reallocated to Asia. Medical discoveries and advancements to treatments languish in laboratories, This is a chance to step back and treat and cure diseases, including new tar- going through our drawn out, ineffi- look at where we are and how all the geted drugs, could, and should, be reaching cient, and outrageously expensive de- different reauthorizations have added American patients more quickly and with velopment process. up. We need to ensure that legislative less cost to developers, without lessening the

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At the same time, function of regulating medical products to each additional $1 billion spent on pharma- advance the public health. made great strides in certain areas, ceutical research and development results in (4) The disparity in scientific knowledge at FDAMA’s tools haven’t been fully le- fewer drugs than in years past. The time and FDA and the fast pace of biomedical innova- veraged, and the challenges of keeping cost of developing medical products is in- tion are slowing, and in some cases, stifling, pace with the cutting-edge tech- creasing without a discussion of whether innovation in American medicine. nologies have only increased. there is enough incremental assurance of (5) A working FDA is essential to con- Today the timely and predictable re- safety and effectiveness for the additional tinuing biomedical innovation in the United view of medical products is key to pro- delays and costs. States and maintaining America’s global moting and protecting the public Over the past several decades, FDA’s mis- leadership in medical innovation. sion and regulatory reach has expanded dra- For us to succeed, we need your help. The health, just as it was 18 years ago. But matically. This has resulted in an increas- full spectrum of stakeholders here is incred- the agency’s mission and responsibil- ingly complex bureaucracy while the science ibly large and diverse, so it may be chal- ities have expanded dramatically over of discovery and development has evolved lenging to identify specific challenges and/or that same period of time. The size and more rapidly than ever in academia and pri- best practices that would have wide-ranging the scope of the FDA as an organiza- vate industry. FDA has struggled to regulate impact. We wish to solicit ideas on how to tion has never been more complex than the most cutting-edge medical products. The address these challenges in order to inform it is today. By its own admission, FDA disparity between the pace of scientific dis- action in the 114th Congress. This report and has struggled to regulate the most cut- covery and development outside of the FDA the feedback we receive in response to it will and FDA’s scientific knowledge threatens inform what we expect will become a bipar- ting-edge medical products at the same America’s position as a global leader in med- tisan legislative package to address the chal- time our understanding of medicine ical innovation. lenges we identify through this process. and the ability to target treatments to FDA Commissioner, Dr. Margaret Ham- Please send your ideas to us at individualized patients has never been burg, has acknowledged that ‘‘. . . we are [email protected] not later than greater. The growth of the agency and left relying on the 20th century approaches February 23, 2015. These comments will be its responsibilities presents serious for the review, approval and oversight of the shared with Ranking Member Patty Murray management challenges. treatments and cures of the 21st century.’’ and all of our colleagues on the HELP Com- While the FDA has reviewed drugs in as lit- Our report, as the chairman said, en- mittee as we work to achieve this important titled ‘‘Innovation for Healthier Ameri- tle as three months, and meets the timelines goal. set for medical device reviews the majority cans: Identifying Opportunities for of the time, the inability of medical product Mr. ALEXANDER. I look forward to Meaningful Reform to Our Nation’s developers to predict what questions will be the remarks from the Senator from Medical Product Discovery and Devel- asked during the review forces a multi-year North Carolina. As I have said, no Sen- opment,’’ takes a hard look at the cur- process simply to get an application ready ator has done more on either side of rent status quo and poses targeted for FDA consideration. This lack of predict- the aisle in this area of helping us questions that can help inform how we ability is driven by fast changing and com- think about creative new ways to move plex science, inefficient and inconsistent do things better. We need to identify treatments, medical devices, and drugs how we can improve our policies to processes, and difficulty in hiring and retain- through our safety process into the ing review staff and managers. This chal- promote more efficient and effective lenge will grow as new medical products and medicine cabinets and into the hands medical product development and re- the clinical methods used to test them con- of patients who desperately need them. view processes to cut down on total tinue to evolve at an exciting pace. I yield the floor. time it takes for these lifesaving prod- This report aims to examine the current The PRESIDING OFFICER. The Sen- ucts to actually reach America’s pa- process of drug and device development and ator from North Carolina. identify the inefficiencies that stand in the tients. Mr. BURR. Mr. President, I am We have seen how regulatory burden way of a modern development and review pleased to talk about an issue that as process. We take a close and honest look at and uncertainty results in innovation what is, and is not, working well at the NIH Senator ALEXANDER said is near and going overseas, while America’s pa- and FDA. We want to know what successes dear to my heart; that is, ensuring that tients wait for the FDA to catch up. we can replicate, and what failures must be America’s patients have access to the The day-to-day actions and in many learned from and fixed. most cutting-edge medical products in cases inaction at the agency has a pro- This report is organized to follow the proc- as timely a manner as possible. I look found effect on our Nation’s patients ess it examines—in other words it takes us forward to the partnership that Chair- from discovery to approval. We outline key and our health care. man Alexander and I have in what I It also directly impacts our economy, problems, partnerships, initiatives, dollars, think is one of the most crucial studies and data involved in helping to bring prom- as FDA-regulated products account for ising medical products through the research, and processes we will go through in about 25 cents of every $1 spent by development, and regulatory review process. this session of Congress. American consumers. The importance We identify the challenges at the NIH and Many of my colleagues know that of holding the agency accountable for FDA—inefficiencies, unnecessary regulatory holding the National Institutes of its actions and inactions—all the way burden, a lack of predictability, and ever in- Health and the Food and Drug Admin- from the frontline reviewers to the creasing regulatory costs—that must be ad- istration accountable for their work on Commissioner—has never been more dressed. We identify ways to facilitate stake- behalf of America’s patients is not a important than now. holder engagement in these processes, and new area of focus for either one of us. we intend to continue regular and respon- This is what the current landscape sible congressional oversight. After I was first elected to serve in the tells us: Our goal is simple and ambitious—to work House of Representatives, I was tasked No. 1, it costs too much to bring med- in a bipartisan way with members of the with modernizing the Food and Drug ical products through the development HELP Committee to align public policies to Administration, a Federal agency that pipeline to patients. There is no dis- support accelerating medical innovation and controls 25 cents of every $1 of our puting that the costs to bring medical patient access to important medicines and economy. This work culminated in the products through the development medical technologies. Science has never held greater potential to Food and Drug Administration Mod- pipeline have grown over time. improve the quality of life and outcomes for ernization Act of 1977, FDAMA, a total No. 2, as science and technology ad- America’s patients. In order to fully realize revamp of that agency. vance, the discovery and development this exciting potential, we must identify, FDAMA sought to ensure that the process takes longer for medical prod- candidly assess, and confront existing fac- FDA had the tools it needed to keep ucts to make their ways to patients. tors that may be stifling efforts to innovate. pace with modern scientific advances. We need to look at the total real time We have identified five guiding principles for We modernized the agency in a way it takes for medical products to reach this effort: that supported regulating in the least (1) It costs too much to bring medical prod- a patient, not only the time of FDA re- ucts through the pipeline to patients. burdensome manner, while ensuring view. (2) As science and technology advance, the that innovative products would reach In 2004, FDA’s Critical Path Report discovery and development process takes too patients in as timely a manner as pos- warned that:

VerDate Sep 11 2014 00:59 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JA6.011 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE January 29, 2015 CONGRESSIONAL RECORD — SENATE S629 Today’s revolution in biomedical science among all stakeholders about where we do that, we might set a new pathway has raised new hope for the prevention, are, where we need to go on behalf of for how we cure disease, for how we treatment, and cure of severe illnesses. How- America’s patients. bring down health care costs, and for ever, there is a growing concern that many While we do not have these pressures how Americans look forward to a gen- of the new basic science discoveries made in recent years may not quickly yield more ef- upon us today, we do bring an urgency eration that grows up with less geneti- fective, more affordable, and safe medical to this work because of what is at cally transmitted diseases. products for patients. This is because the stake. These issues impact every single With that, I yield the floor. current medical product development path is one of our constituents and every sin- I suggest the absence of a quorum. becoming increasingly challenging, ineffi- gle American, but they affect not only Mr. COTTON. The clerk will call the cient, and costly. our patients but our economy and our roll. More than a decade later, these chal- global competitiveness. The assistant legislative clerk pro- lenges continue to confront us. We Our goal is simple, to align public ceeded to call the roll. must find a way to embrace our ad- policies to support accelerated medical Ms. COLLINS. Mr. President, I ask vances and to cut down on the total innovation and patient access to medi- unanimous consent that the order for time it takes medical products to cines and medical technologies, be- the quorum call be rescinded. reach an American patient. Our report cause when we advance innovation, we The PRESIDING OFFICER. Without asks for feedback, as the chairman help America’s patients be able to ac- objection, it is so ordered. said, on how we do that. cess the most cutting-edge, lifesaving Ms. COLLINS. Mr. President, I ask No. 3, FDA’s responsibilities have medical devices, and products in as unanimous consent that the Senator grown to include many activities unre- timely a fashion as possible. from Florida, Mr. NELSON, and I be per- lated to the core function of regulating We foster and facilitate the next gen- mitted to proceed for up to 20 minutes. medical devices to advance the public eration of cutting-edge products which, The PRESIDING OFFICER. Without health. Today there are more than in turn, help to ensure America’s con- objection, it is so ordered. 12,000 employees at the Food and Drug tinued standing as the world leader of RETIREMENT SECURITY ACT Administration. This growth has exac- innovation. Ms. COLLINS. Mr. President, today erbated the management challenges of This is good for our innovators, it is Senator NELSON and I rise to discuss S. the agency, and the question is, How do good for our patients, and it is good for 266, the Retirement Security Act, legis- we ensure that FDA is equipped to ful- North Carolina. lation we filed earlier this week and fill its mission? Dr. Paul Howard of the Manhattan first introduced last year. Our bill No. 4, the disparity in scientific Institute’s Center for Medical Progress would encourage more small employers knowledge at FDA and the fast pace of was right when he pointed out that in- to offer retirement plans that would biological innovation are slowing and novation is not an option, it is a na- provide incentives for employees to in some cases stifling innovation in tional imperative. Innovation is cen- save more for retirement and would en- American medicine. To ensure that tral to addressing our Nation’s sure that low-income and middle-in- medical product innovation continues unsustainable health care costs. It is come taxpayers are able to claim tax to benefit America’s patients, our re- also central to improving the treat- benefits for retirement savings that are port asks how we could better leverage ments, outcomes, and ultimately the already authorized in law. the regulatory science initiatives to quality of life for the American people. Our bill is the product of the work ensure that the novel medical products Former FDA Commissioner Andrew that Senator NELSON and I did together are reaching America’s patients in that von Eschenbach was kind enough to on the Special Committee on Aging. In timely fashion. pen the foreword of this report. The the fall of 2013, the committee con- No. 5, we know that a working FDA chairman has already alluded to some ducted a hearing on retirement secu- is essential to be continuing bio- of his statements, but in that foreword rity where we heard from witnesses medical innovation in the United he writes: that far too many American seniors States and maintaining America’s Government policy can either inhibit or have real reason to fear they will out- global leadership in medical innova- accelerate the next revolution in science and live their savings. According to the tion. Therefore, we ask for feedback on technology. The time has come to examine nonpartisan Center for Retirement Re- how Congress and the FDA can work to whether our nation has the right public poli- search at Boston College, there is an align public policy and regulation to cies in place to realize the full promise of estimated $6.6 trillion gap between the support biomedical research as a vi- discovery, development, and delivery of 21st savings that American households need brant and healthy component of the century medicine. to maintain their standard of living in U.S. economy. Toward that end, I really do look for- retirement and what they actually We have a unique opportunity this ward to working with my good friend have. The group that was surveyed Congress to take a hard look at what is Chairman ALEXANDER, with our rank- were those Americans between ages 32 and is not working and advance solu- ing member, Senator MURRAY, and and 64. tions that will ultimately ensure that with all the members of the HELP Nationally, one in four retired Amer- the NIH and the FDA serve America’s Committee as we begin this important icans has no source of income beyond patients better. We have an oppor- process of ensuring that the National Social Security. In the State of Maine tunity to focus on these issues without Institutes of Health and the Food and the number is one in three. While 4 in a crisis demanding action, such as the Drug Administration work as well as 10 rely on this vital program for 90 per- unfortunate meningitis outbreak in they can for patients today and, more cent of their retirement income, Social 2012. importantly, into the future. Security provides an average benefit of The drug and medical device user fee I thank the chairman for the oppor- just $1,294 per month—less than $16,000 negotiations have not yet begun. I tunity to work with him on this issue. per year. should add that these negotiations It won’t be an easy road, but it is one It is hard to imagine stretching those should not begin until everyone has the we are committed to tackling. I urge dollars far enough to pay the bills. Cer- data to inform how well the agency is those who might have input for the tainly a comfortable retirement would currently meeting what was agreed to purposes of this study and this initia- be out of the question for most Ameri- in the last round of negotiations. It tive to please visit the HELP Web site cans. makes no sense to me why anyone and submit feedback to A recent Gallup poll shows there is would rush to engage in a negotiation [email protected]. I am glad an increase in concern among the before they have the data to know to see we have put that in place. American people about their standard what they are getting or what they are I say to my colleagues on both sides of living in retirement. This has gone currently paying for. of the aisle, health care doesn’t distin- up over time. Two decades ago 34 per- It is my hope that looking at these guish between parties. Health care re- cent of Americans were concerned. Now issues without the pressure of an emi- quires us to come together and to put 60 percent of Americans are worried nent, expiring, user fee reauthorization policies in place that drive innovation about their standard of living in retire- will help to facilitate candid dialogue and drive quality outcomes. If we can ment.

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As the HELP Com- pay for basic costs in retirement, in- fication could result in limited deduc- mittee noted in a July 2012 report, pov- cluding health care costs not covered tions and a higher tax burden. Our bill erty among the elderly also increases by insurance. directs Treasury to issue regulations to Medicare and Medicaid costs and There are many reasons for the de- address this uncertainty, and protect strains our social safety net. Giving cline in retirement security facing members of a MEP from the failure of those not yet at retirement age more American seniors, including the demise one bad apple to meet its obligations. opportunities to save—and to save of many defined-benefit pension plans Third, our bill reduces the cost of more—would help ease this additional in the private sector, the severity of maintaining a retirement plan. Current burden on entitlement programs that the financial crisis we recently en- law requires that participants in a re- dured, rising health care costs, the tirement plan receive a variety of no- are already projected to be greater and expanding need for long- tices. Our bill would direct Treasury to unsustainable. term care, which is so expensive, but simplify, clarify, and consolidate these In light of the positive impacts this most of all the fact that Americans are required notices, to lessen costs. bill would have in strengthening retire- living far longer than they did in the Fourth, the Retirement Security Act ment security for millions of Ameri- past. Many of us are also reaching re- encourages those still in the workforce cans, I urge our colleagues to join Sen- tirement age with far more debt than to save more for retirement. Retire- ator NELSON and me in supporting the retirees of previous generations. ment plans are often designed to com- Retirement Security Act of 2015. This Another contributing factor we found ply with existing safe harbors to pre- bill has been endorsed by the Maine is that employees of small businesses vent the IRS from challenging the tax State Chamber of Commerce, the are much less likely to participate in benefits that flow to employees and American Benefits Council, the Amer- employer-based retirement plans. Ac- employers. The existing safe harbor for ican Council of Life Insurers, Fidelity cording to a July 2013 GAO study, more so-called ‘‘automatic enrollment’’ Investments, Lincoln Financial Group, than half of the 42 million Americans plans effectively caps employee con- the National Association of Insurance who work for businesses with fewer tributions at 10 percent of annual pay, and Financial Advisors, the Plan Spon- than 100 employees lack access to a with the employer contributing a sor Council of America, the Principal work-based plan to save for retirement. ‘‘matching’’ amount of up to 6 percent. Financial Group, the Society for Cost and complexity are among the Our bill creates an additional safe har- Human Resource Management, Trans- reasons that plans are not more widely bor for these plans that would allow offered by smaller employers. employees to receive an employer America, and the U.S. Chamber of These employers would very much match on contributions of up to 10 per- Commerce. like to offer plans, but oftentimes the cent of their pay. I ask unanimous consent to have cost and the complexity make the I recognize that businesses that printed in the RECORD these as well as plans out of reach. Therefore, making choose to adopt a plan with this new other letters of support. it easier for smaller businesses to pro- optional safe harbor may face addi- There being no objection, the mate- vide access to retirement plans for tional costs due to the increased em- rial was ordered to be printed in the their workers would make a significant ployer match. That is why our bill RECORD, as follows: difference in the financial security of helps the smallest businesses—those many retirees. That is why the bill with fewer than 100 employees—offset MAINE STATE CHAMBER OF COMMERCE, that we reintroduced earlier this week this cost by providing a new tax credit Augusta, ME, January 8, 2015. Hon. SUSAN M. COLLINS, focuses on reducing the cost and com- equal to the increased match. Dirksen Senate Office Building, U.S. Senate, plexity of retirement plans, especially Finally, our bill ensures that current Washington, DC. for small businesses, and on encour- measures to encourage savings are functioning as they were intended. One DEAR SENATOR COLLINS: First, I want to aging individuals to save more for re- wish you a Happy New Year. I would also such measure is the so-called ‘‘saver’s tirement. like to thank you for your continued service Let me now go into detail about the credit,’’ which reduces the tax burden to the state of Maine, particularly the busi- provisions of our bill. on low- and middle-income individuals ness community. Your efforts in Washington First, our bill would allow small who contribute to retirement plans, in- are most appreciated! businesses to enter into multiple em- cluding IRAs and 401(k) plans. Yet the I am writing to you today about your ef- ployer plans, MEPs, to offer retirement credit cannot be claimed on a form forts to enable more businesses to offer re- programs jointly to their employees. 1040EZ, which is frequently used by tirement plans to their employees. The This allows small companies to share these individuals. A 2013 Transamerica Maine State Chamber of Commerce fully the administrative burden of a retire- Center for Retirement Studies survey supports your efforts on this front. As you ment plan, which helps lower costs. found that only 23 percent of people know, small businesses drive Maine’s econ- Current law discourages the use of with household incomes of less than omy—80% of businesses here in Maine em- MEPs because it requires a connection, $50,000 per year, the group most likely ploy fewer than 20 people—and their employ- or ‘‘nexus,’’ between unrelated busi- to qualify, were aware of the saver’s ees are like family to them. nesses in order to join a MEP, such as credit. To address this, our bill directs I regularly hear from small businesses who membership in the same trade associa- Treasury to make the credit available want to offer more retirement benefits to tion. Our bill would waive the nexus re- on Form 1040 EZ. their employees, but are not in the financial quirement for businesses with fewer I do want to emphasize in closing position to do so. Coming from a small busi- than 500 employees. So as not to dis- that is there is nothing in our bill that ness state, you clearly understand this. Your courage growth, our bill provides a would force a small business to offer a proposed legislation can. change this dy- 401(k) plan. That may be impractical namic and make offering retirement plans a long phase-out under which businesses more viable option for more small busi- are not automatically disqualified for some small employers. What we are nesses—not only in Maine, but across the from a MEP when they hire their 500th trying to do is to provide incentives for country. employee. them to do so, to reduce the cost, and Again, thank you for your efforts on behalf Second, our bill makes joining a MEP to make it possible for them to join to- of Maine’s business community. Please let a more attractive option for small gether with other employers to offer me know if you have any questions. businesses. Under current law, if one retirement plans. We are trying also to Sincerely, employer in a MEP fails to meet the provide incentives for employees to DANA F. CONNORS, minimum criteria necessary for retire- save more for their retirement. President/CEO.

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AMERICAN BENEFITS COUNCIL, other investment products and services to gest obstacles to small employers that may Washington, DC, January 21, 2015. qualified retirement plans, including defined otherwise want to offer a retirement plan to Hon. SUSAN COLLINS, benefit pensions, 401(k) and 403(b) arrange- their employees. U.S. Senate, ments, and to individuals through individual Fidelity applauds your leadership on re- Washington, DC. retirement accounts (IRAs) or on a non- tirement security and appreciates your ef- Hon. BILL NELSON, qualified basis. Our members and their prod- forts to advance these reforms. We hope to U.S. Senate, ucts help Americans accumulate retirement work with you as the bill moves through the Washington, DC. savings and turn those savings into guaran- legislative process to further simplify the DEAR SENATOR COLLINS AND SENATOR NEL- teed lifetime income. rules and streamline duplicative or unneces- SON: On behalf of the American Benefits ACLI supports proposals that will help ex- sary regulations to help achieve your goal of Council, I am writing to applaud the intro- pand coverage and encourage small busi- expanding pension coverage. duction of the Retirement Security Act of nesses to sponsor retirement savings plans Regards, 2015. We stand ready to assist you in working for their employees. The Retirement Secu- DOUGLAS B. FISHER, toward enactment of this important piece of rity Act of 2015 would help facilitate the use Senior Vice President. legislation. of private multiple employer plans, encour- The Council is a public policy organization age greater use of auto-enrollment and auto- LINCOLN FINANCIAL GROUP, representing principally Fortune 500 compa- escalation features, and allow employers to Greensboro, NC, January 20, 2015. nies and other organizations that assist em- use a ‘‘stretch match’’ to incent employees Hon. SUSAN COLLINS, ployers of all sizes in providing benefits to to save even more. The bill would expand tax Dirksen Senate Office Building, employees. Collectively, the Council’s mem- incentives for small businesses to offer re- Washington, DC. bers either sponsor directly or provide serv- tirement plans, an important consideration DEAR SENATOR COLLINS: On behalf of Lin- ices to retirement and health plans that for many employers. Likewise, the bill would coln Financial Group, I am writing to ex- cover more than 100 million Americans. make it easier for more individuals to access press our strong support for the Retirement The private retirement system is a great the Savers’ Credit, helping low-income work- Security Act of 2015. We thank you for your success and has helped ensure the retirement ers maximize their savings. These valuable leadership in sponsoring this very important security of millions of Americans. But there reforms will help to expand a system already bill. is still more work to be done, especially with important to millions of Americans. Congress has made great strides forward in respect to the coverage of small business em- Again, we appreciate your continued sup- enhancing retirement security, but there are ployees and with respect to benefit levels. port of the current retirement security sys- many challenges still ahead. One of the key Your bill would take major steps forward tem. ACLI and its member companies look challenges is improving retirement plan cov- in addressing both of these issues. We believe forward to working with you and your staffs erage among small businesses. The Act the bill’s reforms of the multiple employer to improve retirement security for all Amer- would help address the small business issue plans rules will expand opportunities for icans. by reforming the rules regarding multiple small businesses to band together to main- Sincerely, employer plans, which help small businesses tain plans at a lower cost. In particular, we DIRK KEMPTHORNE, achieve many of the economies of scale that applaud the provision that would prevent an President and Chief Executive Officer. large businesses have. The Act would modify entire multiple employer plan from being the rules to make multiple employer plans disqualified by reason of a violation of the FIDELITY INVESTMENTS, more efficient and more workable for small qualification rules by one or more partici- Boston, MA, January 20, 2015. businesses. pating employers. This inappropriate result Hon. SUSAN COLLINS, We also applaud the Act’s new automatic under current law can deter many small em- Dirksen Office Building, enrollment safe harbor and its important en- ployers from joining a multiple employer Washington, DC. hancement of access to the saver’s credit. plan. Hon. BILL NELSON, These provisions will increase participation The Council is a strong supporter of auto- Hart Office Building, levels, especially among low and middle-in- matic enrollment, and believes that the Re- Washington, DC. come individuals. tirement Security Act of 2015 would substan- DEAR SENATORS COLLINS AND NELSON: On We strongly support your efforts and stand tially increase the use of automatic enroll- behalf of Fidelity Investments, I would like ready to assist you in moving forward with ment through the establishment of an alter- to thank you for your efforts to improve re- this important piece of legislation. native safe harbor with key incentives to tirement security and enhance pension cov- Sincerely, adopt it. Moreover, the alternative safe har- erage among small employers. The private CHARLES C. CORNELIO, bor would set default contributions at higher employer retirement system has been a great President, Retirement Plan Services. levels that are better designed to achieve re- success, yet more can be done to improve re- tirement security. tirement security and expand access to NATIONAL ASSOCIATION OF We thank you for your leadership in this workplace savings plans. INSURANCE AND FINANCIAL ADVISORS, important area and look forward to working Fidelity supports provisions in the Retire- Falls Church, VA, January 7, 2015. toward enactment of this important bill. ment Security Act of 2013 that would estab- Hon. SUSAN M. COLLINS, Sincerely, lish a new safe harbor from the 401(k) non- U.S. Senate, LYNN D. DUDLEY, discrimination rules for plans that automati- Washington, DC. Senior Vice President, cally enroll employees at a minimum con- DEAR SENATOR COLLINS: The National As- Global Retirement tribution level equal to 6 percent of pay. One sociation of Insurance and Financial Advi- and Compensation of the key actions to boost retirement secu- sors (NAIFA) applauds your efforts in pre- Policy, American rity for workers is to save at the right rates serving and enhancing the voluntary em- Benefits Council. in a workplace savings plan. Automatic en- ployer-provided retirement system and the rollment at a minimum of 6 percent of pay, tax incentives that support it. These plans AMERICAN COUNCIL OF LIFE INSURERS, along with annual automatic increases and are helping millions of American families Washington, DC, January 21, 2015. investing appropriately, puts workers on a achieve a secure retirement. Hon. SUSAN COLLINS, better path toward retirement security. Our The employer-sponsored retirement plan U.S. Senate, Dirksen Senate Office Building, data and analysis show that the average par- system has introduced tens of millions of Washington, DC. ticipation rate among plans with automatic American workers to retirement saving. Em- Hon. BILL NELSON, enrollment is approximately 90 percent, re- ployers voluntarily establish and promote U.S. Senate, Hart Senate Office Building, gardless of the default contribution rate and these plans to help their workers build assets Washington, DC. regardless of the salary level. The 3 percent for a secure retirement. DEAR SENATOR COLLINS AND SENATOR NEL- minimum contribution rate under the cur- NAIFA encourages support for the Retire- SON, The American Council of Life Insurers rent safe harbor is too low and woefully in- ment Security Act of 2015 introduced by Sen- (ACLI) would like to express our apprecia- adequate to put employees on a path to ator Susan M. Collins. The bill would add a tion for your leadership in the field of retire- reach their retirement savings goals. Due to new more generous safe harbor for small ment security, especially in your roles as human inertia many employees who auto-en- business retirement plans, establish a tax Chairman and Ranking Member of the Sen- roll at 3 percent are unlikely to take any ac- credit for employer matches for plan spon- ate Special Committee on Aging. We support tion to increase their savings. Raising the sors using the new (optional) safe harbor, you for reintroducing the Retirement Secu- minimum contribution level from 3 percent and ease the rules allowing small employers rity Act of 2015, a bill that would greatly ex- to 6 percent would go a long way toward in- to join multiple employer pension plans. pand the ability of Americans to better save creasing savings rates and improving retire- Cost is often a factor in whether a business for their retirement. ment security. will offer a plan for its employees to ade- ACLI represents approximately 300 legal Furthermore, Fidelity supports provisions quately save for retirement. This bill lowers reserve life insurer and fraternal benefit so- in the bill to streamline and simplify regula- costs by waiving a requirement that there be ciety member companies operating in the tions and reduce unnecessary burdens that a nexus among businesses to join multiple United States and abroad. ACLI member serve as an obstacle to retirement plan cov- employer plans, thereby allowing more enti- companies offer insurance contracts and erage. Regulatory burdens are one of the big- ties to share plan administrative burdens.

VerDate Sep 11 2014 02:41 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JA6.013 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE S632 CONGRESSIONAL RECORD — SENATE January 29, 2015 The bill instructs Treasury to simplify, clar- human resource management. Representing over $132 billion in assets for 3.7 million par- ify and consolidate notice requirements for more than 275,000 members in over 160 coun- ticipants. The Transamerica companies are retirement plans, and instructs Treasury to tries, SHRM is the leading provider of re- ranked among the top insurance groups in provide taxpayers using a 1040EZ filing the sources to meet the evolving needs of HR the U.S., based on admitted assets, and em- ability to report and receive a tax credit, if professionals, while advancing the profes- ploy approximately 11,000 people nationwide. eligible. sional practice of human resource manage- Please do not hesitate to contact either me We thank you for your leadership in help- ment. SHRM has more than 575 affiliated if I can provide any specific information re- ing employees plan and prepare for a finan- chapters throughout the United States. garding our retirement plan business or mar- cially secure retirement. As human resource professionals, it has ket expertise to support your efforts. Sincerely, been our members’ experience that a com- Very truly yours, JULI Y. MCNEELY, prehensive and flexible benefits package is JEANNE DE CERVENS, LUTCF, CFP, CLU, an essential tool in recruiting and retaining Vice President & Director, NAIFA President. talented employees. Regardless of an em- Federal Government Affairs. ployer’s size, it is vitally important that PRINCIPAL FINANCIAL GROUP, every employee be given the opportunity to CHAMBER OF COMMERCE, Des Moines, IA, January 9, 2015. save and plan for retirement and to protect UNITED STATES OF AMERICA, Hon. SUSAN COLLINS, his or her family’s financial health. Steps Washington, DC, January 21, 2015. U.S. Senate, Dirksen Senate Office Building, the government can take to facilitate and Hon. SUSAN COLLINS, Washington, DC. encourage voluntary employer-sponsored re- U.S. Senate, Hon. BILL NELSON, tirement plans and individual savings plans Washington, DC. U.S. Senate, Hart Senate Office Building, are critical to achieving this goal. Hon. VERN BUCHANAN, Washington, DC. Removing barriers and disincentives, espe- House of Representatives, DEAR SENATOR COLLINS AND NELSON: On be- cially for small businesses, is a tactic that Washington, DC. half of Principal Financial Group, I want to can lead to greater participation in em- DEAR SENATOR COLLINS AND REPRESENTA- thank you for your leadership in seeking to ployer-provided defined benefit retirement TIVE BUCHANAN: The U.S. Chamber of Com- improve and enhance the existing voluntary plans. A variety of options including tax in- merce, the world’s largest business federa- defined contribution system through the Re- centives, increased contribution limits, tion representing the interests of more than tirement Security Act of 2015. Employer catch-up contributions for older workers and three million businesses of all sizes, sectors, sponsored 401(k) plans and other worksite re- increased access for employees, are all ele- and regions, as well as state and local cham- tirement plans have helped millions of work- ments that have proven to increase partici- bers and industry associations, and dedicated ers save trillions of dollars. These plans have pation and contribution levels in retirement to promoting, protecting, and defending proven to be resilient even in challenging plans. SHRM believes that the Retirement America’s free enterprise system, thanks times but more is needed to expand access to Security Act of 2015 would benefit both em- you for introducing the ‘‘Retirement Secu- worksite retirement plans. Your proposal ployers and employees by expanding impor- rity Act of 2015.’’ Retirement security is a builds upon the strength of the existing sys- tant tax credits to small businesses as well critical issue, and our members support all tem, providing main street businesses the as expanding auto-enrollment safe harbor efforts to encourage voluntary participation necessary tools to address retirement sav- provisions. These elements are essential for in retirement savings plans. ings adequacy and coverage challenges. small businesses, who comprise an important The Retirement Security Act of 2015 in- Principal Financial Group is a leading pro- segment of our membership, to offer retire- cludes key provisions that the Chamber has vider of defined contribution plans with ment plans that enable their employees to set forth as important reforms to the retire- more than 70 years’ experience working with save for retirement. ment system including eliminating barriers small to medium-sized employers and their We look forward to working with you in to the use of multiple employer plans; pro- employees. We currently provide retirement the future to ensure that retirement security viding optional safe harbor alternatives; and services to more than 41,000 retirement plans for all Americans is preserved. simplifying notice requirements. Overall, the and 4.5 million employee participants. Sincerely, Chamber believes that the Retirement Secu- Principal was particularly pleased with MICHAEL P. AITKEN, rity Act of 2015 would provide important re- your inclusion of the enhanced automatic Vice President, Government Affairs. forms to encourage participation by both contribution safe harbor. We must find ways plan sponsors and plan participants in the to encourage far greater numbers of plan TRANSAMERICA, employer-provided retirement system. The Chamber looks forward to working sponsors to adopt automatic enrollment and GOVERNMENT AFFAIRS, escalation features with substantive em- Washington, DC, January 22, 2015. with you on this bill and urges Congress to ployer match contributions. To do this, we take steps to further the enactment of the Re Retirement Security Act of 2015 feel more flexibility is needed in the existing bill. safe harbor requirements and your proposal Hon. SUSAN COLLINS, Sincerely, offers a good starting point for gaining that Dirksen Senate Office Building, U.S. Senate, R. BRUCE JOSTEN, additional flexibility. Washington, DC. Executive Vice President, Thank you for your leadership in this area. DEAR SENATOR COLLINS: On behalf of Government Affairs. We look forward to working with you as the Transamerica, I would like to thank you for process continues. Seeking solutions to these your leadership on retirement security PLAN SPONSOR COUNCIL OF AMERICA, important policy considerations to expand issues as most recently evidenced by your in- Washington, DC, January 20, 2015. savings rates in the current employer based troduction today of the Retirement Security Hon. SUSAN M. COLLINS, retirement system is vital to the economic Act of 2015. U.S. Senate, wellbeing of millions of future retirees. Your bill addresses in a comprehensive Washington, DC. Sincerely, manner problems faced by small and large Hon. BILL NELSON, GREGORY J. BURROWS, employers in providing their employees the U.S. Senate, Senior Vice President. means to save for a secure retirement, as Washington, DC. well as by individuals in trying to achieve a DEAR SENATORS COLLINS AND NELSON, The SOCIETY FOR HUMAN secure retirement through workplace sav- Plan Sponsor Council of America (PSCA) is RESOURCE MANAGEMENT, ings. In particular, removing impediments to pleased to endorse the Retirement Security Alexandria, VA, January 9, 2015. the adoption of multiple employer plans, ex- Act of 2015. The Act removes several impedi- Hon. SUSAN COLLINS, panding the auto enrollment safe harbor and ments that restrict the ability of small busi- U.S. Senate, Dirksen Senate Office Building, making it easier to claim the Saver’s Credit nesses to participate in multiple employer Washington,DC. are areas in which Transamerica has been plans, or MEPs. Expanded MEP access will Hon. BILL NELSON, extremely active—from a policy, participant open another important avenue for small U.S. Senate, Hart Senate Office Building, education and market development stand- business owners to provide critically impor- Washington,DC. point. I and others at Transamerica look for- tant retirement plans for hardworking em- DEAR SENATORS COLLINS AND NELSON: On ward to working with you and your staff as ployees. behalf of more than 275,000 human resource you move the bill forward. The small business arena is the last fron- professionals who belong to the Society for The Transamerica companies market life tier for improving access to an employer- Human Resource Management (SHRM), I insurance, annuities, pensions and supple- provided retirement plan. The Retirement would like to thank you for your leadership mental health insurance, as well as mutual Security Act of 2015 will help conquer this on the issue of retirement security. The in- funds and related investment products frontier, providing a uniform, federal re- troduction of the Retirement Security Act of throughout the U.S. and in selected coun- sponse. This is an especially timely endeavor 2015, demonstrates your commitment to en- tries worldwide. Transamerica Retirement as states consider enacting new legislation suring that all Americans are given the abil- Solutions provides and services workforce relating to employer-based retirement plans ity to save for retirement. retirement savings plans in the small and that could result in a problematic patchwork Founded in 1948, SHRM is the world’s larg- mid-large employer markets. As of December of disparate laws impacting plan sponsors est membership organization devoted to 31, 2014, these plans held in the aggregate and employees.

VerDate Sep 11 2014 04:00 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JA6.032 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE January 29, 2015 CONGRESSIONAL RECORD — SENATE S633 Thank you for your efforts on behalf of The PRESIDING OFFICER. Without project will create nearly 2,000 direct American workers. objection, it is so ordered. construction jobs over 2 years, and Sincerely, (The remarks of Ms. WARREN per- more indirectly. Unfortunately, those STEPHEN MCCAFFREY, taining to the introduction of S. 320 are jobs are temporary. That means once Chairman, PSCA Legal and Legislative Committee. printed in today’s RECORD under the pipeline is complete in two years, ‘‘Statements on Introduced Bills and operating the pipeline will support The PRESIDING OFFICER. The Sen- Joint Resolutions.’’) only around 50 permanent jobs. ator from Florida. The PRESIDING OFFICER (Mr. The American economy won’t benefit Mr. NELSON. Mr. President, this bill HOEVEN). The majority leader. from this bill. American companies is borne out of the work Senator COL- UNANIMOUS CONSENT AGREEMENT—H.R. 203 won’t benefit. American drivers won’t LINS and I did on the Special Com- Mr. MCCONNELL. Mr. President, I benefit, and American workers won’t mittee on Aging. After we had a hear- benefit. The economic policies behind ing on the condition of the American ask unanimous consent that at 4:30 p.m. on Monday, February 2, the Sen- the pipeline just don’t make sense. senior citizen, it was certainly clear Unfortunately, the problems also that something had to be done to give ate proceed to the consideration of Cal- endar No. 6, H.R. 203; that the time don’t end with the lack of economic them better access to retirement plans. value. This project also comes with A lot of the situation that Senator until 5:30 p.m. be equally divided in the usual form, and that following the use substantial hazards for the environ- COLLINS has just described is so true. ment. Extracting oil from these tar Fewer than half of workers have access or yielding back of that time, the bill be read a third time and the Senate sands would essentially mean the de- to any retirement plan at work, and struction of huge swaths of land in Al- those numbers are even constricted vote on passage of the bill, without any intervening action or debate. berta. The tar sands are beneath 54,000 when you start talking about employ- square miles of boreal forest and peat ees who work for smaller business. The PRESIDING OFFICER. Is there objection? bog, an area the size of the state of Only one quarter of small businesses New York. with less than 100 employees offers any Without objection, it is so ordered. Ms. FEINSTEIN. Mr. President, I An estimated 20 percent of the depos- type of retirement plan for their em- wish to speak in opposition to the Key- its require destructive surface mining, ployees. stone XL Pipeline. This bill will not which entails clearing huge swathes of The lack of a retirement plan at boreal forest and top soil to get at the work means when an individual gets to help our economy, it will not create permanent jobs, and it certainly is not tar sands beneath. Already, 175,000 be a senior citizen they are going to acres of forest have been cleared, but end up relying on Social Security, a boon to the environment. On item after item, the Keystone pipeline just an additional 1 million acres of forest where we are talking about a benefit of have already been leased for surface maybe $1,300 a month, or $15,000 a year. doesn’t make sense for the United States. mining operations. That is simply not enough to pay for This destructive form of mining gen- When we last debated Keystone in housing and medical care and other ex- erates large volumes of toxic waste- November, the price for a barrel of oil penses. In my State of Florida, one- water, which must be stored in vast was about $75. That price was already third of the senior citizens rely on So- tailings ponds that already cover down from a peak of $100 in 2014, and cial Security income to get by in re- around 70 square miles. These tailings since then the price has dropped an- tirement. We have to fix this problem. contain high concentrations of benzene other $25, to less than $50 a barrel. There are too many people who work and other carcinogens, as well as lead In November, the average price of gas too hard throughout their lives and get and mercury. Significantly higher lev- was nearly $3 per gallon. This week, to be in those golden years, and then els of these pollutants have been found gas averages around $2.20 per gallon— they are faced with a real crisis. downstream from tar sands refineries, the cheapest in nearly six years—and So the legislation the two of us have leading to higher rates of cancers, in- many States are seeing gas under $2 worked on for well over a year will cluding leukemia and non-Hodgkin’s per gallon. offer retirement plans by encouraging lymphoma. small businesses to set up those retire- In fact, since this pipeline was first The development of these tar sands ment plans. One example would be proposed in 2008, America has gone will have negative effects on the envi- small businesses will be able to pool to- from the third largest producer of oil ronment and public health, and it has gether their resources and take advan- to the world’s largest producer, sur- also contributed significantly to Can- tage of the economies of scale. There is passing both Russia and Saudi Arabia. ada’s failure to fulfill its Kyoto Pro- no reason that a very good retirement As a result of new production and in- tocol obligations. I believe that Canada plan can’t be as a result of cobbling to- creasing fuel economy, the final should rethink its approach to tar gether the resources of many small months of 2014 saw the lowest net im- sands development. businesses and still have a retirement ports of crude oil since 1986. Finally, I wish like to address cli- The Keystone Pipeline is simply not plan that makes sense for the indi- mate change. No matter how hard necessary for America’s energy inde- vidual retirement business because some of my colleagues hope climate pendence. they are getting the economies of change isn’t real, it is, and we are al- Even worse, the oil that moves scale. ready seeing harmful effects. The bill is going to encourage the through the pipeline isn’t necessarily Transforming the oil from tar sands employees to save more with things for the benefit of the United States. In- into useful gasoline is 80 percent more such as providing automatic enroll- stead, the pipeline would be a conduit carbon intensive than the processing of ment in retirement plans, and it is to move the oil from Canada to the typical crude oil. Producing, refining, going to encourage increasing the em- Gulf of Mexico, where it will be refined and combusting the oil that Keystone ployer match. Those things are all and sold on the global market. Some would carry will release up to 168 mil- common sense. individual barrels may be kept in the lion metric tons of greenhouse gas I join Senator COLLINS in urging our United States, but much will be ex- emissions every year. That is 27 mil- colleagues to come together, and let’s ported and prices will be set by inter- lion metric tons more greenhouse gas try to do this for the American senior national supply and demand. The State emissions than would be emitted from citizens. Department’s review projected that burning the same amount of typical Mr. President, I yield the floor. building a pipeline would have ‘‘little crude oil. To put this in context, those I suggest the absence of a quorum. impact on the prices U.S. consumers additional emissions over normal proc- The PRESIDING OFFICER. The pay for refined products such as gaso- essing are equivalent to the annual clerk will call the roll. line.’’ I fail to see how the United emissions from 5.7 million cars, 1.4 mil- The assistant legislative clerk pro- States gains any economic benefit lion homes or nearly 8 coal-fired power ceeded to call the roll. from this project. plants. Ms. WARREN. Mr. President, I ask Finally, Keystone supporters often The economics of the Keystone Pipe- unanimous consent that the order for argue that the pipeline creates large line don’t make sense, and the environ- the quorum call be rescinded. numbers of jobs. It is great that this mental risks could well be tragic. We

VerDate Sep 11 2014 00:59 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JA6.012 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE S634 CONGRESSIONAL RECORD — SENATE January 29, 2015 are being asked to approve a project company, Verizon, putting super- safe—is to start deporting young boys that will primarily benefit Canadian cookies on the phones that its cus- and girls who are here trying to make companies and foreign oil markets, tomers are using which will allow it in the United States. while at the same time accepting the those customers to be tracked, and if The United States is no stranger to consequences of the harm the pipeline that information is turned over to the types of attacks that happened in and tar sands oil would create. third parties, to be utilized for pur- France. An Ohio man was arrested 3 If this is about jobs, let’s invest in poses of advertising, even though the weeks ago when it was discovered he clean energy. The Shaheen-Portman customer has indicated they do not was plotting to blow up the United energy efficiency bill, for example, is want that particular cookie placed on States Capitol. I am certain we have estimated to create 190,000 jobs. If our their device. not already forgotten about the Boston goal is to lower fuel costs for American Our staff on the commerce com- marathon bombing or what happened families, let’s speed up improvements mittee will be investigating this, and before that in Oklahoma City. The to fuel economy standards. If we want we certainly want to make sure that in threats against this country continue to modernize our infrastructure, let’s this time of ubiquity of eyes prying all to evolve. get to work on a real transportation around in this electronic age we are Why should we play politics with the reauthorization bill. And if our aim is living in that we preserve the rights of agency that is most responsible for re- to exploit our energy resources, let’s privacy for all individuals. sponding and getting this country focus on wind and solar, biofuels, or This is a matter of particular impor- ready for those threats? It is the height the future of batteries and fuel cells. tance to the commerce committee. It of irresponsibility to suggest, as some We can do better than the Keystone is of extreme importance to this Sen- of my colleagues have, that shutting Pipeline, both for our economy and for ator, and I will keep the Senate in- down the Department of Homeland Se- the environment. I encourage my col- formed. curity—the Department responsible for leagues to vote ‘‘no’’ on the Keystone Mr. President, I yield the floor. protecting the United States from ter- Pipeline. I suggest the absence of a quorum. rorist attacks—would be no big deal. Mr. PERDUE. Mr. President, today I The PRESIDING OFFICER. The This is what the Secretary of Home- wish to speak on S. 1, legislation to ap- clerk will call the roll. land Security has said. Last week he prove the Keystone XL pipeline. The assistant legislative clerk pro- said: I am proud to be a cosponsor of this ceeded to call the roll. . . . as long as we are on a CR, we cannot en- bipartisan bill, which will approve con- Mr. MURPHY. Mr. President, I ask gage in new starts, new spending, new initia- struction of the pipeline that has been unanimous consent that the order for tives, new grants to state and local law en- forcement to fund homeland security mis- under review for 6 long years. By mov- the quorum call be rescinded. The PRESIDING OFFICER. Without sions. We can’t put in place the independent ing this project forward, we are helping panel that recommended changes to the se- to secure America’s energy future, im- objection, it is so ordered. cret service. We can’t do a lot of things for prove our national defense, and create DEPARTMENT OF HOMELAND SECURITY FUNDING border security. Our counterterrorism efforts tens of thousands of jobs for Ameri- Mr. MURPHY. Mr. President, I know are limited. cans. we are about to bring some final votes In 28 days, the Department of Home- The Keystone XL Pipeline is a com- on Keystone to the floor, but I want to land Security, the agency charged with monsense jobs bill. It should never take a few minutes to speak on the border security, aviation security, have been a political issue. It goes far topic we will be focused on next week, cyber security, Presidential security, beyond the labor to construct the pipe- and that is the impending crisis at the and counterterrorism efforts, is going line—it will drastically increase em- Department of Homeland Security to run out of funding. Instead of work- ployment across many industries as we should we not continue to fund their ing with the Senate, which overwhelm- work to develop our North American operations, which matters greatly to a ingly passed a bipartisan bill to fix our energy resources. It is disappointing State such as Connecticut—a State immigration system and secure our that the President is threatening to with expansive coastline, with natural border, Republicans are willing to hold veto its approval when building Key- disasters as part of our recent history, up this funding bill so they can deport stone would create American jobs and and with a close connection to some of DREAMers against the President’s Ex- help lower energy costs for families the potential epicenters for terrorist ecutive order. It is not just irrespon- across the country. activity and attacks, New York City sible, it is dangerous. The American people are still strug- being at the top of the list. In my State, as I said, it matters gling in today’s economy, and they ex- It was just 3 weeks ago that terror- greatly. Over the past several years, we pect and deserve Washington to cut red ists staged a horrific attack in down- have seen, as the northeast has been tape and unleash America’s energy re- town Paris. Before they were stopped battered by hurricanes and super- sources. Building the Keystone XL by law enforcement, dozens of people storms and blizzards, the indispensable pipeline is an important step toward were killed or injured and the world nature of agencies funded in the De- meeting these goals, will help ensure was given another reminder of the partment of Homeland Security budg- America’s energy security, and rein- threats that exist all around us. Across et. Failing to pass this bill would delay force relations with our largest trading Europe countries stepped up their upgrades to critical and necessary partner. alert, increasing their law enforcement emergency communication systems for Unleashing our Nation’s full energy presence, raiding suspected terror cells, first responders in my State that are potential remains one of my top prior- and requesting the assistance of the responding to emergencies and disas- ities in the U.S. Senate. I will work to United States to help track down the ters. Whether we like it or not, they advance serious policies that respon- people who carried out the attacks. are happening with greater frequency. sibly develop all of our energy re- Astoundingly, though, here at home, Fortunately, thanks to the leader- sources, create good jobs, and make it seems as though there are a lot of ship of Senator MIKULSKI and Senator America more energy independent. Republicans in Congress who would SHAHEEN, there is a path forward. Yes- It is time we start putting America’s rather talk about deporting children terday they introduced a clean, full- issues on the President’s desk. I urge who were brought to this country with- year funding bill that has been en- the President to reconsider his threat out documentation rather than talk dorsed by every Democratic Senator. to veto the bipartisan Keystone jobs about funding the very agency that This is the same bipartisan, bicameral bill and to finally take the opportunity every day seems to keep our homeland bill that was negotiated by the House to work with Congress to find solutions safe from threats. and the Senate last year. the American people want. Even as our allies in Europe look for This agreement includes critical as- The Senator from Florida. ways to improve their security, the sistance, critical increases in funding TELEPHONE TRACKING DEVICES House of Representatives, in par- for our border security, cyber security, Mr. NELSON. Mr. President, there is ticular, has told us that the only way air and maritime surveillance, and bio- a disturbing report in the Washington we can fund the Department of Home- logical and explosive detection at our Post today about a major telephone land Security—keeping this country borders. All of these things keep us

VerDate Sep 11 2014 02:41 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JA6.068 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE January 29, 2015 CONGRESSIONAL RECORD — SENATE S635 safe at a time when we know that ter- States need to budget these dollars— impact statement issued last January rorism is a more real threat than ever, this Federal passthrough—so that it di- to fully satisfy NEPA. In other words, not just to the United States but to our rectly goes to the Children’s Health In- if new circumstances come up that are partner countries all around the world. surance Program. There are a few germane and important, they do not Last week, the Senate unanimously things we can do that are even more get a chance to alter that statement. passed a resolution I was proud to have important than that. My amendment would change that. written, declaring that we stand in sol- In closing, I will add that it is not The PRESIDING OFFICER. The time idarity with the people in France, that just the right thing to do, to fund the of the Senator has expired. we mourn the loss of innocent victims Children’s Health Insurance Program, Mr. BOOKER. I respectfully request and condemn the atrocity of these at- it is also a smart thing to do because it 25 more seconds to conclude my com- tacks. means that parents will take their ments. I submit that just as important as child who has an earache to the family The PRESIDING OFFICER. Without our words, which we all came together doctor because they have insurance, in- objection, it is so ordered. to support, are our deeds. Will our re- stead of waiting a week, when the pain Mr. BOOKER. My amendment would sponse now be to engage in a partisan is unbearable, and taking that child to change that and would preserve the ap- fight over immigration or do we come the emergency room and costing all of plications of agencies to supplement together as Republicans and Democrats us more as taxpayers and perhaps caus- the EIS. For example, if the proposed to fund the law enforcement personnel ing that child some hearing loss. route of the pipeline was to change, it who are charged with keeping our citi- In addition to helping these families could mean drinking water supplies zens safe? with health insurance and saving and other critical resources would have Next week when we return to this money, it also makes a big difference a higher risk of contamination from a body, I strongly urge my Republican in schools. The children are less likely spill. People should know that. colleagues to quickly bring a clean, bi- to miss school and children will be bet- When American companies are build- partisan Department of Homeland Se- ter able to learn if, in fact, they have ing projects, they comply with this im- curity appropriations bill to the floor. better health insurance. portant NEPA safeguard. Foreign com- I yield the floor. We know that is the case for our own panies should not be given a shortcut. The PRESIDING OFFICER. The Sen- children. All of us here have govern- ator from Ohio. If American companies do it, foreign ment health insurance, if you will, as companies should do the same. Mr. BROWN. Mr. President, I ask Members of the Senate, and it is impor- unanimous consent to speak as in This amendment is supported by the tant that we do what we ought to do Natural Resources Defense Fund, the morning business for up to 5 minutes. for the Children’s Health Insurance The PRESIDING OFFICER. Without Sierra Club, and a number of other or- Program. It matters for so many fami- objection, it is so ordered. ganizations. I ask my colleagues to lies in North Dakota, the Presiding Of- support this amendment. CHILDREN’S HEALTH INSURANCE PROGRAM ficer’s State, and my State of Ohio. Mr. BROWN. Mr. President, I rise to I yield the floor. I yield the floor. Ms. MURKOWSKI. Mr. President, we discuss the Children’s Health Insurance The PRESIDING OFFICER. The Sen- Program. This Congress 20 years ago are here today because the Keystone ator from South Dakota. Pipeline border crossing permit has passed CHIP. It was an invention of (The remarks of Mr. THUNE and Mr. been pending for years. There are no Senator Kennedy and Senator HATCH, NELSON pertaining to the introduction shortcuts at play. both Senators who cared a lot about of S. 304 are printed in today’s RECORD The Booker amendment, drafted as a what we do to help low-income chil- under ‘‘Statements on Introduced Bills savings clause, would withhold the ap- dren. and Joint Resolutions.’’) I was at Mercy Health Clinic in Cin- The PRESIDING OFFICER. The Sen- proval the bill seeks to confer if there cinnati late last week, and early this ator from South Dakota. are any new circumstances, new infor- week I was at Dayton Children’s Hos- Mr. THUNE. Mr. President, I ask mation relevant to environmental con- pital, talking to families who have ben- unanimous consent that there be 2 cerns. That is the whole point here. efitted from the Children’s Health In- minutes equally divided after each vote The Keystone administrative record surance Program. and that all after the first vote in the is already thousands of pages long. We In the great majority of cases, the series be 10 minutes each. have had 6 years of dos and redos. If parents of these children have full-time The PRESIDING OFFICER. Without this amendment is adopted, it begs the jobs—often two jobs. They typically objection, it is so ordered. question as to whether there will ever make significantly less than what we AMENDMENT NO. 155 be a decision. would call a living wage. They rarely The question occurs on the Booker I think the obvious strategy of pipe- have any kind of health insurance, al- amendment No. 155. line opponents is to drag out the ap- though now they are entering the ex- Who yields time? proval process until everybody gives up changes or perhaps Medicaid—more The Senator from New Jersey. on it; everyone walks away. That is likely the exchanges—but their chil- Mr. BOOKER. Mr. President, my certainly not the intent of those of us dren are not getting health insurance amendment No. 155 ensures that Fed- who support this bipartisan bill. We except through CHIP. It has been eral agencies disclose to the public, don’t want to see an endless round of around for 20 years, and there are landowners, and communities any sig- further considerations. I think the ma- about 10 million children in the United nificant new circumstances learned jority here in the Senate believes it is States who benefit from the Children’s about the impact of the Keystone XL time to move forward. Let’s not have Health Insurance Program. Pipeline. continued delays. The Children’s Health Insurance Pro- The National Environmental Policy I urge a rejection of this amendment. gram is law. It has been reauthorized Act—NEPA—is one of the most emu- I ask for the yeas and nays. up through 2019, but the funding for it lated statutes in the world. It is used The PRESIDING OFFICER. Is there a expires this September. I have spoken as a model around the world. NEPA in sufficient second? with members of the Senate Finance fact is often referred to as the modern- There is a sufficient second. Committee, including my colleague day ‘‘environmental Magna Carta.’’ The question is on agreeing to the here, Senator NELSON from Florida, These are very commonsense ideas. Booker amendment No. 155 who has been a big supporter of the NEPA regulations really do require The clerk will call the roll. Children’s Health Insurance Program. agencies to actually supplement al- The legislative clerk called the roll. Senators CASEY and STABENOW have ready issued environmental impact Mr. CORNYN. The following Senators been very involved, Senator GILLI- statements when significant new cir- are necessarily absent: the Senator BRAND, and as I said, Senator HATCH cumstances or information is found to from Utah (Mr. LEE) and the Senator was one of the founders of this pro- exist relating to the environmental im- from Florida (Mr. RUBIO). gram, along with Senator Kennedy. pacts of a project. Mr. DURBIN. I announce that the It is so important that we move as The pending Keystone bill, however, Senator from Nevada (Mr. REID) is nec- quickly as possible, in part because the would deem the final environmental essarily absent.

VerDate Sep 11 2014 00:59 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JA6.034 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE S636 CONGRESSIONAL RECORD — SENATE January 29, 2015 The PRESIDING OFFICER. Are there It is dangerous. They are dangerous to creased greenhouse gas emissions are any other Senators in the Chamber de- their workers. It doesn’t matter what likely to contribute to an increase in siring to vote? they do, under the underlying bill, S. 1, more extreme weather events. It The result was announced—yeas 41, they can never lose their permit. We doesn’t specify that the increased nays 56, as follows: don’t do that for any other company, greenhouse gases that are under study [Rollcall Vote No. 46 Leg.] let alone a foreign special interest are only related to the pipeline project. YEAS—41 company that is going to take this oil So, for instance, the President’s deal to Baldwin Heinrich Nelson and siphon it right out of America. allow an increase in greenhouse gas Blumenthal Heitkamp Peters There are 35 permanent jobs. A trail of emissions until 2030—if it caused the Booker Hirono Reed misery follows the tar sands. impacts listed in this amendment, it Boxer Kaine Sanders I am not going to ask for a rollcall would stop the pipeline. That is not Brown King Schatz vote because I get the writing on the what we want to do. Cantwell Klobuchar Schumer Cardin Leahy Shaheen wall. I would hope we would have a I am going to be urging my col- Carper Manchin Stabenow voice vote, and I would urge my folks leagues to vote no. Casey Markey Tester Coons Menendez to yell a ‘‘yes’’ if they can. The PRESIDING OFFICER. The Udall Durbin Merkley The PRESIDING OFFICER. The Sen- question is on agreeing to the amend- Warren Feinstein Mikulski ator from Alaska. Whitehouse ment. Franken Murphy Ms. MURKOWSKI. Mr. President, I Gillibrand Murray Wyden Ms. MURKOWSKI. I ask for the yeas think it is clear that the good Senator and nays. NAYS—56 from California and I disagree on The PRESIDING OFFICER. Is there a Alexander Enzi Murkowski whether the Keystone XL Pipeline sufficient second? Ayotte Ernst Paul should proceed. It is apparent that we There appears to be a sufficient sec- Barrasso Fischer Perdue disagree on the reach of the section on Bennet Flake Portman ond. Blunt Gardner Risch permits as currently in the bill and The clerk will call the roll. Boozman Graham also, more specifically, the substitute Roberts The legislative clerk called the roll. Burr Grassley Rounds amendment we are discussing. Capito Hatch Sasse Mr. CORNYN. The following Senator Cassidy Heller I am willing to agree that the per- Scott is necessarily absent: the Senator from Coats Hoeven mits which have already been issued Sessions Cochran Inhofe Florida (Mr. RUBIO). Shelby should not be affected. That was the in- Collins Isakson Mr. DURBIN. I announce that the Sullivan tent of the provision within the sub- Corker Johnson Senator from Nevada (Mr. REID) is nec- Cornyn Kirk Thune stitute. I am going to be voicing my Cotton Lankford Tillis opposition through a loud ‘‘nay’’ and essarily absent. Crapo McCain Toomey would encourage my colleagues to do The PRESIDING OFFICER. Are there Cruz McCaskill Vitter any other Senators in the Chamber de- Daines McConnell Warner the same. Donnelly Moran Wicker With that, I ask for the yeas and siring to vote? The result was announced—yeas 36, NOT VOTING—3 nays. I withdraw my request. nays 62, as follows: Lee Reid Rubio The PRESIDING OFFICER. The [Rollcall Vote No. 47 Leg.] The amendment (No. 155) was re- question is on agreeing to the amend- YEAS—36 jected. ment. Baldwin Franken Nelson Ms. MURKOWSKI. Mr. President, I The amendment (No. 130) was re- Blumenthal Gillibrand Peters move to reconsider the vote. jected. Booker Heinrich Reed Boxer Hirono Sanders Mr. COATS. I move to lay that mo- AMENDMENT NO. 141 Brown King Schatz tion on the table. The PRESIDING OFFICER. There is Cantwell Leahy Schumer The motion to lay on the table was now 2 minutes of debate equally di- Cardin Markey Shaheen agreed to. vided before a vote on the Markey Carper Menendez Stabenow Casey Merkley Udall AMENDMENT NO. 130 amendment No. 141. Coons Mikulski Warren Ms. MURKOWSKI. Mr. President, I The Senator from Massachusetts. Durbin Murphy Whitehouse call for the regular order with respect Mr. MARKEY. Mr. President, my Feinstein Murray Wyden to the Boxer amendment No. 130. amendment is very simple. It would re- NAYS—62 The PRESIDING OFFICER. The quire that before the Keystone XL Alexander Fischer Moran amendment is now pending. Pipeline is deemed approved, we should Ayotte Flake Murkowski Ms. MURKOWSKI. It is my under- determine whether carbon pollution, Barrasso Gardner Paul standing that Senator BOXER is willing including the carbon pollution from tar Bennet Graham Perdue Blunt Grassley to forgo a rollcall vote, but she would sands oil production, will contribute to Portman Boozman Hatch Risch like to speak to her amendment. an increase in more extreme weather Burr Heitkamp Roberts I turn to Senator BOXER. events. We should know if carbon pol- Capito Heller Rounds Cassidy Hoeven The PRESIDING OFFICER. The Sen- Sasse lution is going to put another climate Coats Inhofe Scott ator from California. change card in a deck that is already Cochran Isakson Mrs. BOXER. If I could ask for the Collins Johnson Sessions stacked for more extreme rainfall and Shelby attention of my friends. snowfall and for more dangerously hot Corker Kaine Cornyn Kirk Sullivan The reason I so wanted have this 1 summer days. Cotton Klobuchar Tester minute even though I am not asking Since 2010 there have been 49 weather Crapo Lankford Thune for a rollcall vote is because I want to and climate disasters in our country Cruz Lee Tillis make clear what we are doing in this Daines Manchin Toomey that caused at least $1 billion in dam- Donnelly McCain Vitter underlying bill. ages across the United States. We Enzi McCaskill Warner This is the only time in the history should not be making energy policy de- Ernst McConnell Wicker of the Senate that we have given such cisions that increase the risk of costly, NOT VOTING—2 a big hug and kiss to a private com- extreme weather events. Reid Rubio pany—any private company, American I urge an ‘‘aye’’ vote. or foreign. The PRESIDING OFFICER. The Sen- The amendment (No. 141) was re- My amendment simply says that if ator from Alaska. jected. TransCanada breaks the rules related Ms. MURKOWSKI. I would suggest Ms. MURKOWSKI. I move to recon- to any permit they have—for example, that this amendment is designed to sider the vote. there is an oilspill and they don’t fol- further delay this pipeline. It requires Mr. WICKER. I move to lay that mo- low the oilspill plan or they don’t han- that a study be done by all Federal tion on the table. dle hazardous waste in the right way— agencies with even a smidgen of review The motion to lay on the table was a whole list: They use the wrong steel. authority to determine whether in- agreed to.

VerDate Sep 11 2014 00:59 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JA6.014 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE January 29, 2015 CONGRESSIONAL RECORD — SENATE S637 AMENDMENT NO. 178 Mr. CORNYN. The following Senator The PRESIDING OFFICER. The bill The PRESIDING OFFICER. There is necessarily absent: the Senator from having been read the third time, the are now 2 minutes of debate equally di- Florida (Mr. RUBIO). question is, shall it pass? vided prior to a vote in relation to the Mr. DURBIN. I announce that the Mr. CORKER. I ask for the yeas and Markey amendment No. 178. Senator from Nevada (Mr. REID) is nec- nays. The Senator from Massachusetts essarily absent. The PRESIDING OFFICER. Is there a Mr. MARKEY. Mr. President, right The result was announced—yeas 44, sufficient second? now the Canadian pipeline company is nays 54, as follows: There is a sufficient second. receiving a ‘‘get out of Canada free’’ [Rollcall Vote No. 48 Leg.] The clerk will call the roll. slip. They do not have to pay taxes YEAS—44 The assistant legislative clerk called into the oilspill liability fund. Baldwin Gillibrand Nelson the roll. My colleagues may remember that Bennet Heinrich Peters Mr. CORNYN. The following Senator last week the Republicans objected be- Blumenthal Heitkamp Reed is necessarily absent: the Senator from Booker Hirono Sanders cause they said the amendment of Sen- UBIO Boxer Kaine Schatz Florida (Mr. R ). ator WYDEN had a blue slip problem Brown King Schumer Mr. DURBIN. I announce that the from the House because the tax has to Cantwell Klobuchar Shaheen Senator from Nevada (Mr. REID) is nec- originate in the House. You might re- Cardin Leahy Stabenow Carper Manchin essarily absent. Tester member that last Thursday night Sen- Casey Markey The PRESIDING OFFICER. Are there Udall ators on the Republican side objected Coons Menendez Warner any other Senators in the Chamber de- Donnelly Merkley to my amendments—late at night and, Warren siring to vote? again, on procedural grounds. Well, the Durbin Mikulski Feinstein Murphy Whitehouse The result was announced—yeas 62, good news is we have been able to find Franken Murray Wyden nays 36, as follows: a way to have a straight up-or-down NAYS—54 [Rollcall Vote No. 49 Leg.] vote on the substance of whether the YEAS—62 Canadians have to pay into the oilspill Alexander Ernst Moran Ayotte Fischer Murkowski Alexander Enzi Moran liability fund. So this is going to be the Barrasso Flake Paul Ayotte Ernst Murkowski vote that determines whether they are Blunt Gardner Perdue Barrasso Fischer Paul going to be able to build a pipeline Boozman Graham Portman Bennet Flake Perdue Burr Grassley Risch Blunt Gardner Portman right through our country—where we Capito Hatch Roberts Boozman Graham Risch are running all the environmental Cassidy Heller Rounds Burr Grassley Roberts Coats Hoeven Sasse risk—and if a spill occurs, they have Capito Hatch Rounds Cochran Inhofe Scott Carper Heitkamp not contributed to the oilspill liability Sasse Collins Isakson Sessions Casey Heller Scott fund. Corker Johnson Shelby Cassidy Hoeven This is a pure vote. It is not proce- Cornyn Kirk Sullivan Coats Inhofe Sessions dural. It is yes or no—do they con- Cotton Lankford Thune Cochran Isakson Shelby Sullivan tribute or not to that fund. I urge an Crapo Lee Tillis Collins Johnson Cruz McCain Toomey Corker Kirk Tester aye vote. Daines McCaskill Vitter Cornyn Lankford Thune The PRESIDING OFFICER. The Sen- Enzi McConnell Wicker Cotton Lee Tillis ator from Alaska. NOT VOTING—2 Crapo Manchin Toomey Ms. MURKOWSKI. Mr. President, I Cruz McCain Vitter Reid Rubio Daines McCaskill Warner will be opposing this amendment. I be- Donnelly McConnell Wicker lieve it is unnecessary. We already de- The amendment was rejected. Ms. MURKOWSKI. Mr. President, I bated and dispensed with this just last NAYS—36 move to reconsider the vote. Baldwin Heinrich Nelson week. We voted for the sense of the Mr. ROUNDS. I move to lay that mo- Senate amendment which called for a Blumenthal Hirono Peters tion on the table. Booker Kaine Reed loophole within the oilspill liability The motion to lay on the table was Boxer King Sanders trust fund to be closed. We set us on a agreed to. Brown Klobuchar Schatz path to work with the House on that. Cantwell Leahy Schumer The PRESIDING OFFICER. The Sen- Cardin Markey Shaheen That amendment is now part of this ator from Washington. Coons Menendez Stabenow Durbin Merkley Udall bill. AMENDMENT NO. 131 WITHDRAWN Feinstein Mikulski Warren I thank the Senator from Massachu- Ms. CANTWELL. Given the results setts for his support in making sure we Franken Murphy Whitehouse on other votes—given the vote on the Gillibrand Murray Wyden did adopt that. I think most of us be- Boxer and Booker amendments, and NOT VOTING—2 lieve this loophole should be closed, given everybody here, I ask unanimous Reid Rubio and I am confident that we will close it consent to withdraw the Cantwell well before the Keystone XL Pipeline amendment No. 131. The bill (S. 1), as amended, was goes into operation. The PRESIDING OFFICER. Is there passed, as follows: We have to remember, my friends, objection? S. 1 that before any oil flows through this Without objection, it is so ordered. Be it enacted by the Senate and House of Rep- pipeline which can be put into the oil- The amendment is withdrawn. resentatives of the United States of America in spill liability trust fund, it has to be The majority leader. Congress assembled, built. That is what this bill before us Mr. MCCONNELL. Thank you, Mr. SECTION 1. SHORT TITLE. does. I want to make sure that we ad- President. I would like to announce This Act may be cited as the ‘‘Keystone XL dress this with the House. We will do that this is the last vote of the week. Pipeline Approval Act’’. so. The final vote on the Keystone Pipe- SEC. 2. KEYSTONE XL APPROVAL. I urge a ‘‘no’’ vote on this amend- line is the last vote of the week. The (a) IN GENERAL.—TransCanada Keystone ment. next vote will be at 5:30 p.m. on Mon- Pipeline, L.P. may construct, connect, oper- The PRESIDING OFFICER. The day. ate, and maintain the pipeline and cross-bor- question is on agreeing to the amend- The PRESIDING OFFICER. There der facilities described in the application ment. will now be 2 minutes of debate prior to filed on May 4, 2012, by TransCanada Cor- Ms. MURKOWSKI. I ask for the yeas the vote on passage of S. 1, as amended. poration to the Department of State (includ- and nays. Mr. CORKER. I yield back all time. ing any subsequent revision to the pipeline The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Is there route within the State of Nebraska required or authorized by the State of Nebraska). objection? sufficient second? (b) ENVIRONMENTAL IMPACT STATEMENT.— There appears to be a sufficient sec- Without objection, all time is yielded The Final Supplemental Environmental Im- ond. back. pact Statement issued by the Secretary of The clerk will call the roll. The bill was ordered to be engrossed State in January 2014, regarding the pipeline The assistant legislative clerk called for a third reading and was read the referred to in subsection (a), and the envi- the roll. third time. ronmental analysis, consultation, and review

VerDate Sep 11 2014 00:59 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JA6.046 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE S638 CONGRESSIONAL RECORD — SENATE January 29, 2015 described in that document (including appen- of Energy, the Department of Education, the oil derived from bitumen are subject to the dices) shall be considered to fully satisfy— Department of the Treasury, the Internal per-barrel excise tax associated with the Oil (1) all requirements of the National Envi- Revenue Service, the Environmental Protec- Spill Liability Trust Fund established by ronmental Policy Act of 1969 (42 U.S.C. 4321 tion Agency, and other appropriate Federal section 9509 of the Internal Revenue Code of et seq.); and agencies with jurisdiction over energy fi- 1986; (2) any other provision of law that requires nancing and facilitation that are currently (2) it is necessary for Congress to approve Federal agency consultation or review (in- used or may be used to help initiate, develop, a bill described in paragraph (1) because the cluding the consultation or review required and finance energy efficiency, renewable en- Internal Revenue Service determined in 2011 under section 7(a) of the Endangered Species ergy, and energy retrofitting projects for that certain forms of petroleum are not sub- Act of 1973 (16 U.S.C. 1536(a))) with respect to schools; ject to the per-barrel excise tax; the pipeline and facilities referred to in sub- (2) establish a Federal cross-departmental (3) under article I, section 7, clause 1 of the section (a). collaborative coordination, education, and Constitution, the Senate may not originate a (c) PERMITS.—Any Federal permit or au- outreach effort to streamline communica- bill to raise new revenue, and thus may not thorization issued before the date of enact- tion and promote available Federal opportu- originate a bill to close the legitimate and ment of this Act for the pipeline and cross- nities and assistance described in paragraph unintended loophole described in paragraph border facilities referred to in subsection (a) (1) for energy efficiency, renewable energy, (2); shall remain in effect. and energy retrofitting projects that enables (4) if the Senate attempts to originate a (d) JUDICIAL REVIEW.—Except for review in States, local educational agencies, and bill described in paragraph (1), it would pro- the Supreme Court of the United States, the schools— vide a substantive basis for a ‘‘blue slip’’ United States Court of Appeals for the Dis- (A) to use existing Federal opportunities from the House of Representatives, which trict of Columbia Circuit shall have original more effectively; and would prevent advancement of the bill; and and exclusive jurisdiction over any civil ac- (B) to form partnerships with Governors, (5) the House of Representatives, con- tion for the review of an order or action of a State energy programs, local educational, fi- sistent with article I, section 7, clause 1 of Federal agency regarding the pipeline and nancial, and energy officials, State and local the Constitution, should consider and refer cross-border facilities described in sub- government officials, nonprofit organiza- to the Senate a bill to ensure that all forms section (a), and the related facilities in the tions, and other appropriate entities to sup- of bitumen or synthetic crude oil derived United States, that are approved by this Act port the initiation of the projects; from bitumen are subject to the per-barrel (including any order granting a permit or (3) provide technical assistance for States, excise tax associated with the Oil Spill Li- right-of-way, or any other agency action local educational agencies, and schools to ability Trust Fund established by section taken to construct or complete the project help develop and finance energy efficiency, 9509 of the Internal Revenue Code of 1986. pursuant to Federal law). renewable energy, and energy retrofitting (e) PRIVATE PROPERTY SAVINGS CLAUSE.— projects— DIVISION B—ENERGY EFFICIENCY Nothing in this Act alters any Federal, (A) to increase the energy efficiency of IMPROVEMENT State, or local process or condition in effect buildings or facilities; SECTION 1. SHORT TITLE. on the date of enactment of this Act that is (B) to install systems that individually This division may be cited as the ‘‘Energy necessary to secure access from an owner of generate energy from renewable energy re- Efficiency Improvement Act of 2015’’. private property to construct the pipeline sources; TITLE I—BETTER BUILDINGS and cross-border facilities described in sub- (C) to establish partnerships to leverage SEC. 101. SHORT TITLE. section (a). economies of scale and additional financing This title may be cited as the ‘‘Better (f) PRIVATE PROPERTY PROTECTION.—Land mechanisms available to larger clean energy Buildings Act of 2015’’. or an interest in land for the pipeline and initiatives; or cross-border facilities described in sub- (D) to promote— SEC. 102. ENERGY EFFICIENCY IN FEDERAL AND section (a) may only be acquired consist- (i) the maintenance of health, environ- OTHER BUILDINGS. ently with the Constitution. mental quality, and safety in schools, includ- (a) DEFINITIONS.—In this section: SEC. 3. COORDINATION OF ENERGY RETRO- ing the ambient air quality, through energy (1) ADMINISTRATOR.—The term ‘‘Adminis- FITTING ASSISTANCE FOR SCHOOLS. efficiency, renewable energy, and energy ret- trator’’ means the Administrator of General (a) DEFINITIONS.—In this section: rofit projects; and Services. (1) SCHOOL.—The term ‘‘school’’ means— (ii) the achievement of expected energy (2) COST-EFFECTIVE ENERGY EFFICIENCY (A) an elementary school or secondary savings and renewable energy production MEASURE.—The term ‘‘cost-effective energy school (as defined in section 9101 of the Ele- through proper operations and maintenance efficiency measure’’ means any building mentary and Secondary Education Act of practices; product, material, equipment, or service, and 1965 (20 U.S.C. 7801)); (4) develop and maintain a single online re- the installing, implementing, or operating (B) an institution of higher education (as source website with contact information for thereof, that provides energy savings in an defined in section 102(a) of the Higher Edu- relevant technical assistance and support amount that is not less than the cost of such cation Act of 1965 (20 U.S.C. 1002(a)); staff in the Office of Energy Efficiency and installing, implementing, or operating. (C) a school of the defense dependents’ edu- Renewable Energy for States, local edu- (3) COST-EFFECTIVE WATER EFFICIENCY cation system under the Defense Dependents’ cational agencies, and schools to effectively MEASURE.—The term ‘‘cost-effective water Education Act of 1978 (20 U.S.C. 921 et seq.) access and use Federal opportunities and as- efficiency measure’’ means any building or established under section 2164 of title 10, sistance described in paragraph (1) to de- product, material, equipment, or service, and United States Code; velop energy efficiency, renewable energy, the installing, implementing, or operating (D) a school operated by the Bureau of In- and energy retrofitting projects; and thereof, that provides water savings in an dian Affairs; (5) establish a process for recognition of amount that is not less than the cost of such (E) a tribally controlled school (as defined schools that— installing, implementing, or operating. in section 5212 of the Tribally Controlled (A) have successfully implemented energy (b) MODEL PROVISIONS, POLICIES, AND BEST Schools Act of 1988 (25 U.S.C. 2511)); and efficiency, renewable energy, and energy ret- PRACTICES.— (F) a Tribal College or University (as de- rofitting projects; and (1) IN GENERAL.—Not later than 180 days fined in section 316(b) of the Higher Edu- (B) are willing to serve as resources for after the date of enactment of this Act, the cation Act of 1965 (20 U.S.C. 1059c(b))). other local educational agencies and schools Administrator, in consultation with the Sec- (2) SECRETARY.—The term ‘‘Secretary’’ to assist initiation of similar efforts. retary of Energy and after providing the pub- means the Secretary of Energy. (d) REPORT.—Not later than 180 days after lic with an opportunity for notice and com- (b) DESIGNATION OF LEAD AGENCY.—The the date of enactment of this Act, the Sec- ment, shall develop model commercial leas- Secretary, acting through the Office of En- retary shall submit to Congress a report de- ing provisions and best practices in accord- ergy Efficiency and Renewable Energy, shall scribing the implementation of this section. ance with this subsection. act as the lead Federal agency for coordi- SEC. 4. CONSULTATION WITH INDIAN TRIBES. (2) COMMERCIAL LEASING.— nating and disseminating information on ex- Nothing in this Act relieves the United (A) IN GENERAL.—The model commercial isting Federal programs and assistance that States of its responsibility to consult with leasing provisions developed under this sub- may be used to help initiate, develop, and fi- Indian nations as required under executive section shall, at a minimum, align the inter- nance energy efficiency, renewable energy, order 13175 (67 Fed. Reg. 67249) (November 6, ests of building owners and tenants with re- and energy retrofitting projects for schools. 2000). gard to investments in cost-effective energy (c) REQUIREMENTS.—In carrying out coordi- SEC. 5. SENSE OF THE SENATE REGARDING CLI- efficiency measures and cost-effective water nation and outreach under subsection (b), MATE CHANGE. efficiency measures to encourage building the Secretary shall— It is the sense of the Senate that climate owners and tenants to collaborate to invest (1) in consultation and coordination with change is real and not a hoax. in such measures. the appropriate Federal agencies, carry out a SEC. 6. SENSE OF SENATE REGARDING THE OIL (B) USE OF MODEL PROVISIONS.—The Admin- review of existing programs and financing SPILL LIABILITY TRUST FUND. istrator may use the model commercial leas- mechanisms (including revolving loan funds It is the sense of the Senate that— ing provisions developed under this sub- and loan guarantees) available in or from the (1) Congress should approve a bill to ensure section in any standard leasing document Department of Agriculture, the Department that all forms of bitumen or synthetic crude that designates a Federal agency (or other

VerDate Sep 11 2014 00:59 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JA6.019 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE January 29, 2015 CONGRESSIONAL RECORD — SENATE S639 client of the Administrator) as a landlord or high-performance energy efficiency meas- ‘‘(A) categories of building occupancy that tenant. ures, including consideration of available in- are known to consume significant quantities (C) PUBLICATION.—The Administrator shall centives; of energy, such as occupancy by data cen- periodically publish the model commercial ‘‘(v) models and simulation methods that ters, trading floors, and restaurants; and leasing provisions developed under this sub- predict the quantity of energy used by sepa- ‘‘(B) other aspects of the property, building section, along with explanatory materials, to rate spaces with high-performance energy ef- operation, or building occupancy determined encourage building owners and tenants in ficiency measures and that compare that by the Administrator of the Energy Informa- the private sector to use such provisions and predicted quantity to the quantity of energy tion Administration, in consultation with materials. used by separate spaces without high-per- the Administrator of the Environmental (3) REALTY SERVICES.—The Administrator formance energy efficiency measures but Protection Agency, to be relevant in low- shall develop policies and practices to imple- that otherwise comply with applicable build- ering energy consumption; ment cost-effective energy efficiency meas- ing code requirements; ‘‘(2) with respect to the first Commercial ures and cost-effective water efficiency ‘‘(vi) measurement and verification plat- Buildings Energy Consumption Survey con- measures for the realty services provided by forms demonstrating actual energy use of ducted after the date of enactment of this the Administrator to Federal agencies (or high-performance energy efficiency measures section, to the extent full compliance with other clients of the Administrator), includ- installed in separate spaces, and whether the requirements of paragraph (1) is not fea- ing periodic training of appropriate Federal such measures generate the savings intended sible, conduct activities to develop the capa- employees and contractors on how to iden- in the initial design and construction of the bility to collect such data and begin to col- tify and evaluate those measures. separate spaces; lect such data; and (4) STATE AND LOCAL ASSISTANCE.—The Ad- ‘‘(vii) best practices that encourage an in- ‘‘(3) make data collected under paragraphs ministrator, in consultation with the Sec- tegrated approach to designing and con- (1) and (2) available to the public in aggre- retary of Energy, shall make available model structing separate spaces to perform at opti- gated form and provide such data, and any commercial leasing provisions and best prac- mum energy efficiency in conjunction with associated results, to the Administrator of tices developed under this subsection to the central systems of a commercial build- the Environmental Protection Agency for State, county, and municipal governments ing; and use in accordance with subsection (d). for use in managing owned and leased build- ‘‘(viii) any impact on employment result- ‘‘(d) RECOGNITION OF OWNERS AND TEN- ing space in accordance with the goal of en- ing from the design and construction of sepa- ANTS.— couraging investment in all cost-effective rate spaces with high-performance energy ef- ‘‘(1) OCCUPANCY-BASED RECOGNITION.—Not energy efficiency measures and cost-effective ficiency measures; and later than 1 year after the date on which suf- water efficiency measures. ‘‘(B) case studies reporting economic and ficient data is received pursuant to sub- SEC. 103. SEPARATE SPACES WITH HIGH-PER- energy savings returns in the design and con- section (c), the Administrator of the Envi- FORMANCE ENERGY EFFICIENCY struction of separate spaces with high-per- ronmental Protection Agency shall, fol- MEASURES. formance energy efficiency measures. lowing an opportunity for public notice and (a) IN GENERAL.—Subtitle B of title IV of ‘‘(3) PUBLIC PARTICIPATION.—Not later than comment— the Energy Independence and Security Act of 90 days after the date of the enactment of ‘‘(A) in a manner similar to the Energy 2007 (42 U.S.C. 17081 et seq.) is amended by this section, the Secretary shall publish a Star rating system for commercial buildings, adding at the end the following: notice in the Federal Register requesting develop policies and procedures to recognize ‘‘SEC. 424. SEPARATE SPACES WITH HIGH-PER- public comments regarding effective meth- tenants in commercial buildings that volun- FORMANCE ENERGY EFFICIENCY ods, measures, and practices for the design tarily achieve high levels of energy effi- MEASURES. and construction of separate spaces with ciency in separate spaces; ‘‘(a) DEFINITIONS.—In this section: high-performance energy efficiency meas- ‘‘(B) establish building occupancy cat- ‘‘(1) HIGH-PERFORMANCE ENERGY EFFICIENCY ures. egories eligible for Tenant Star recognition MEASURE.—The term ‘high-performance en- ‘‘(4) PUBLICATION.—The Secretary shall based on the data collected under subsection ergy efficiency measure’ means a tech- publish the study on the website of the De- (c) and any other appropriate data sources; nology, product, or practice that will result partment of Energy.’’. and in substantial operational cost savings by re- (b) CLERICAL AMENDMENT.—The table of ‘‘(C) consider other forms of recognition ducing energy consumption and utility costs. contents in section 1(b) of the Energy Inde- for commercial building tenants or other oc- ‘‘(2) SEPARATE SPACES.—The term ‘separate pendence and Security Act of 2007 is amend- cupants that lower energy consumption in spaces’ means areas within a commercial ed by inserting after the item relating to separate spaces. building that are leased or otherwise occu- section 423 the following new item: ‘‘(2) DESIGN- AND CONSTRUCTION-BASED REC- pied by a tenant or other occupant for a pe- ‘‘Sec. 424. Separate spaces with high-per- OGNITION.—After the study required by sec- riod of time pursuant to the terms of a writ- formance energy efficiency tion 424(b) is completed, the Administrator ten agreement. measures.’’. ‘‘(b) STUDY.— of the Environmental Protection Agency, in SEC. 104. TENANT STAR PROGRAM. ‘‘(1) IN GENERAL.—Not later than 1 year consultation with the Secretary and fol- after the date of enactment of this section, (a) IN GENERAL.—Subtitle B of title IV of lowing an opportunity for public notice and the Energy Independence and Security Act of the Secretary, acting through the Assistant comment, may develop a voluntary program 2007 (42 U.S.C. 17081 et seq.) (as amended by Secretary of Energy Efficiency and Renew- to recognize commercial building owners and section 103) is amended by adding at the end able Energy, shall complete a study on the tenants that use high-performance energy ef- the following: feasibility of— ficiency measures in the design and con- ‘‘(A) significantly improving energy effi- ‘‘SEC. 425. TENANT STAR PROGRAM. struction of separate spaces.’’. ‘‘(a) DEFINITIONS.—In this section: (b) CLERICAL AMENDMENT.—The table of ciency in commercial buildings through the ‘‘(1) HIGH-PERFORMANCE ENERGY EFFICIENCY contents in section 1(b) of the Energy Inde- design and construction, by owners and ten- MEASURE.—The term ‘high-performance en- pendence and Security Act of 2007 is amend- ants, of separate spaces with high-perform- ergy efficiency measure’ has the meaning ed by inserting after the item relating to ance energy efficiency measures; and given the term in section 424. section 424 (as added by section 103(b)) the ‘‘(B) encouraging owners and tenants to ‘‘(2) SEPARATE SPACES.—The term ‘separate following new item: implement high-performance energy effi- spaces’ has the meaning given the term in ciency measures in separate spaces. ‘‘Sec. 425. Tenant Star program.’’. section 424. ‘‘(2) SCOPE.—The study shall, at a min- TITLE II—GRID-ENABLED WATER ‘‘(b) TENANT STAR.—The Administrator of HEATERS imum, include— the Environmental Protection Agency, in ‘‘(A) descriptions of— consultation with the Secretary of Energy, SEC. 201. GRID-ENABLED WATER HEATERS. ‘‘(i) high-performance energy efficiency shall develop a voluntary program within Part B of title III of the Energy Policy and measures that should be considered as part the Energy Star program established by sec- Conservation Act is amended— of the initial design and construction of sep- tion 324A of the Energy Policy and Conserva- (1) in section 325(e) (42 U.S.C. 6295(e)), by arate spaces; tion Act (42 U.S.C. 6294a), which may be adding at the end the following: ‘‘(ii) processes that owners, tenants, archi- known as ‘Tenant Star’, to promote energy ‘‘(6) ADDITIONAL STANDARDS FOR GRID-EN- tects, and engineers may replicate when de- efficiency in separate spaces leased by ten- ABLED WATER HEATERS.— signing and constructing separate spaces ants or otherwise occupied within commer- ‘‘(A) DEFINITIONS.—In this paragraph: with high-performance energy efficiency cial buildings. ‘‘(i) ACTIVATION LOCK.—The term ‘activa- measures; ‘‘(c) EXPANDING SURVEY DATA.—The Sec- tion lock’ means a control mechanism (ei- ‘‘(iii) policies and best practices to achieve retary of Energy, acting through the Admin- ther a physical device directly on the water reductions in energy intensities for lighting, istrator of the Energy Information Adminis- heater or a control system integrated into plug loads, heating, cooling, cooking, laun- tration, shall— the water heater) that is locked by default dry, and other systems to satisfy the needs ‘‘(1) collect, through each Commercial and contains a physical, software, or digital of the commercial building tenant; Buildings Energy Consumption Survey of the communication that must be activated with ‘‘(iv) return on investment and payback Energy Information Administration that is an activation key to enable the product to analyses of the incremental cost and pro- conducted after the date of enactment of this operate at its designed specifications and ca- jected energy savings of the proposed set of section, data on— pabilities and without which activation the

VerDate Sep 11 2014 00:59 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JA6.019 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE S640 CONGRESSIONAL RECORD — SENATE January 29, 2015 product will provide not greater than 50 per- ‘‘(I) grid-enabled water heaters do not re- (1) by striking ‘‘paragraph (2)’’ and insert- cent of the rated first hour delivery of hot quire a separate efficiency requirement; or ing ‘‘paragraph (1)’’; and water certified by the manufacturer. ‘‘(II) sales of grid-enabled water heaters ex- (2) by striking ‘‘signing the contract,’’ and ‘‘(ii) GRID-ENABLED WATER HEATER.—The ceed by 15 percent or greater the quantity of all that follows through the period at the term ‘grid-enabled water heater’ means an such products activated for use in demand end and inserting the following: electric resistance water heater that— response and thermal storage programs an- ‘‘signing the contract, the following require- ‘‘(I) has a rated storage tank volume of nually and procedures to prevent product di- ments are met: more than 75 gallons; version for non-program purposes would not ‘‘(A) The space is renovated for all energy ‘‘(II) is manufactured on or after April 16, be adequate to prevent such product diver- efficiency and conservation improvements 2015; sion. that would be cost effective over the life of ‘‘(III) has— ‘‘(ii) EFFECTIVE DATE.—If the Secretary ex- the lease, including improvements in light- ‘‘(aa) an energy factor of not less than 1.061 ercises the authority described in clause (i) ing, windows, and heating, ventilation, and minus the product obtained by multiplying— or amends the efficiency requirement for air conditioning systems. ‘‘(AA) the rated storage volume of the grid-enabled water heaters, that action will ‘‘(B)(i) Subject to clause (ii), the space is tank, expressed in gallons; and take effect on the date described in sub- benchmarked under a nationally recognized, ‘‘(BB) 0.00168; or section (m)(4)(A)(ii). online, free benchmarking program, with ‘‘(bb) an equivalent alternative standard ‘‘(iii) CONSIDERATION.—In carrying out this public disclosure, unless the space is a space prescribed by the Secretary and developed section with respect to electric water heat- for which owners cannot access whole build- pursuant to paragraph (5)(E); ers, the Secretary shall consider the impact ing utility consumption data, including ‘‘(IV) is equipped at the point of manufac- on thermal storage and demand response spaces— ture with an activation lock; and programs, including any impact on energy ‘‘(I) that are located in States with privacy ‘‘(V) bears a permanent label applied by savings, electric bills, peak load reduction, laws that provide that utilities shall not pro- the manufacturer that— electric reliability, integration of renewable vide such aggregated information to multi- ‘‘(aa) is made of material not adversely af- resources, and the environment. tenant building owners; and fected by water; ‘‘(iv) REQUIREMENTS.—In carrying out this ‘‘(II) for which tenants do not provide en- ‘‘(bb) is attached by means of non-water- paragraph, the Secretary shall require that soluble adhesive; and ergy consumption information to the com- grid-enabled water heaters be equipped with mercial building owner in response to a re- ‘‘(cc) advises purchasers and end-users of communication capability to enable the the intended and appropriate use of the prod- quest from the building owner. grid-enabled water heaters to participate in ‘‘(ii) A Federal agency that is a tenant of uct with the following notice printed in 16.5 ancillary services programs if the Secretary point Arial Narrow Bold font: the space shall provide to the building determines that the technology is available, owner, or authorize the owner to obtain from ‘‘ ‘IMPORTANT INFORMATION: This water practical, and cost-effective.’’; the utility, the energy consumption informa- heater is intended only for use as part of an (2) in section 332(a) (42 U.S.C. 6302(a))— tion of the space for the benchmarking and electric thermal storage or demand response (A) in paragraph (5), by striking ‘‘or’’ at disclosure required by this subparagraph.’’. program. It will not provide adequate hot the end; (b) STUDY.— water unless enrolled in such a program and (B) in the first paragraph (6), by striking activated by your utility company or an- (1) IN GENERAL.—Not later than 2 years the period at the end and inserting a semi- after the date of enactment of this Act, the other program operator. Confirm the avail- colon; ability of a program in your local area before Secretary of Energy, in collaboration with (C) by redesignating the second paragraph the Administrator of the Environmental purchasing or installing this product.’. (6) as paragraph (7); EQUIREMENT.—The manufacturer or Protection Agency, shall complete a study— ‘‘(B) R (D) in subparagraph (B) of paragraph (7) (as private labeler shall provide the activation (A) on the impact of— so redesignated), by striking the period at key for a grid-enabled water heater only to a (i) State and local performance the end and inserting ‘‘; or’’; and utility or other company that operates an benchmarking and disclosure policies, and (E) by adding at the end the following: electric thermal storage or demand response any associated building efficiency policies, ‘‘(8) for any person— program that uses such a grid-enabled water for commercial and multifamily buildings; ‘‘(A) to activate an activation lock for a heater. and grid-enabled water heater with knowledge ‘‘(C) REPORTS.— (ii) programs and systems in which utili- that such water heater is not used as part of ‘‘(i) MANUFACTURERS.—The Secretary shall ties provide aggregated information regard- an electric thermal storage or demand re- require each manufacturer of grid-enabled ing whole building energy consumption and water heaters to report to the Secretary an- sponse program; usage information to owners of multitenant nually the quantity of grid-enabled water ‘‘(B) to distribute an activation key for a commercial, residential, and mixed-use heaters that the manufacturer ships each grid-enabled water heater with knowledge buildings; year. that such activation key will be used to acti- (B) that identifies best practice policy ap- vate a grid-enabled water heater that is not ‘‘(ii) OPERATORS.—The Secretary shall re- proaches studied under subparagraph (A) quire utilities and other demand response used as part of an electric thermal storage or that have resulted in the greatest improve- and thermal storage program operators to demand response program; ments in building energy efficiency; and report annually the quantity of grid-enabled ‘‘(C) to otherwise enable a grid-enabled (C) that considers— water heaters activated for their programs water heater to operate at its designed speci- (i) compliance rates and the benefits and using forms of the Energy Information Agen- fication and capabilities with knowledge costs of the policies and programs on build- cy or using such other mechanism that the that such water heater is not used as part of ing owners, utilities, tenants, and other par- Secretary determines appropriate after an an electric thermal storage or demand re- ties; opportunity for notice and comment. sponse program; or (ii) utility practices, programs, and sys- ‘‘(iii) CONFIDENTIALITY REQUIREMENTS.— ‘‘(D) to knowingly remove or render illegi- tems that provide aggregated energy con- The Secretary shall treat shipment data re- ble the label of a grid-enabled water heater sumption information to multitenant build- ported by manufacturers as confidential described in section 325(e)(6)(A)(ii)(V).’’; ing owners, and the impact of public utility business information. (3) in section 333(a) (42 U.S.C. 6303(a))— commissions and State privacy laws on those ‘‘(D) PUBLICATION OF INFORMATION.— (A) by striking ‘‘section 332(a)(5)’’ and in- practices, programs, and systems; ‘‘(i) IN GENERAL.—In 2017 and 2019, the Sec- serting ‘‘paragraph (5), (6), (7), or (8) of sec- (iii) exceptions to compliance in existing retary shall publish an analysis of the data tion 332(a)’’; and laws where building owners are not able to collected under subparagraph (C) to assess (B) by striking ‘‘paragraph (1), (2), or (5) of gather or access whole building energy infor- the extent to which shipped products are put section 332(a)’’ and inserting ‘‘paragraph (1), mation from tenants or utilities; into use in demand response and thermal (2), (5), (6), (7), or (8) of section 332(a)’’; and (iv) the treatment of buildings with— storage programs. (4) in section 334 (42 U.S.C. 6304)— (I) multiple uses; ‘‘(ii) PREVENTION OF PRODUCT DIVERSION.—If (A) by striking ‘‘section 332(a)(5)’’ and in- (II) uses for which baseline information is the Secretary determines that sales of grid- serting ‘‘paragraph (5), (6), (7), or (8) of sec- not available; and enabled water heaters exceed by 15 percent tion 332(a)’’; and (III) uses that require high levels of energy or greater the quantity of such products ac- (B) by striking ‘‘section 332(a)(6)’’ and in- intensities, such as data centers, trading tivated for use in demand response and ther- serting ‘‘section 332(a)(7)’’. floors, and televisions studios; mal storage programs annually, the Sec- TITLE III—ENERGY INFORMATION FOR (v) implementation practices, including retary shall, after opportunity for notice and COMMERCIAL BUILDINGS disclosure methods and phase-in of compli- comment, establish procedures to prevent SEC. 301. ENERGY INFORMATION FOR COMMER- ance; product diversion for non-program purposes. CIAL BUILDINGS. (vi) the safety and security of ‘‘(E) COMPLIANCE.— (a) REQUIREMENT OF BENCHMARKING AND benchmarking tools offered by government ‘‘(i) IN GENERAL.—Subparagraphs (A) DISCLOSURE FOR LEASING BUILDINGS WITHOUT agencies, and the resiliency of those tools through (D) shall remain in effect until the ENERGY STAR LABELS.—Section 435(b)(2) of against cyber attacks; and Secretary determines under this section the Energy Independence and Security Act of (vii) international experiences with regard that— 2007 (42 U.S.C. 17091(b)(2)) is amended— to building benchmarking and disclosure

VerDate Sep 11 2014 00:59 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JA6.019 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE January 29, 2015 CONGRESSIONAL RECORD — SENATE S641 laws and data aggregation for multitenant ess that has been long established in ing my staff, including putting to- buildings. this Chamber. That is a good thing to gether binders, making sure we had the (2) SUBMISSION TO CONGRESS.—At the con- see. current amendments and the modifica- clusion of the study, the Secretary shall sub- Boy, did we have our share of ideas. tions that were in front of them. So mit to the Committee on Energy and Com- By last count, I believe there were merce of the House of Representatives and they did a great job as well. close to 250 amendments that Members Committee on Energy and Natural Resources I also want to thank the members of had offered from both sides of the aisle. of the Senate a report on the results of the the natural resources team in the Sen- That is a lot of ideas. There was a lot study. ate Office of the Legislative Counsel. (c) CREATION AND MAINTENANCE OF DATA- of pent-up demand, if you will, on en- BASE.— ergy-related legislation. These folks are kind of the unsung he- (1) IN GENERAL.—Not later than 18 months All in all, we voted on just over 40 roes. These are the ones who helped after the date of enactment of this Act and amendments. I believe the final count prepare the more than 240 amendments following opportunity for public notice and was 41 amendments. We made a lot out that were offered to this bill. We never comment, the Secretary of Energy, in co- of the statement that we have sur- see these folks, but they are churning ordination with other relevant agencies, out amendments as quickly as we can shall maintain, and if necessary create, a passed—with just this one bill in 1 database for the purpose of storing and mak- month—all of the recorded votes that move ideas to them. Gary Endicott, ing available public energy-related informa- we had throughout 2014. In fact, we sur- Heather Burnham, Christina Jacquet, tion on commercial and multifamily build- passed it with nearly three times more Michelle Johnson-Weider, Deanna ings, including— votes than we had in all of 2014. Edwards, and Heather Lowell. (A) data provided under Federal, State, Senator CANTWELL and I have been It is absolutely not possible to do local, and other laws or programs regarding here in the well during this last vote, what we did in moving this measure building benchmarking and energy informa- and we have received thanks from tion disclosure; through—or any measure—without rec- (B) information on buildings that have dis- Members who said: Thank you for get- ognizing the work our floor staff does closed energy ratings and certifications; and ting us to this point. We appreciate for us. I wish to thank Laura Dove and (C) energy-related information on build- that. Good job. the entire cloakroom staff, including But I think we all recognize there ings provided voluntarily by the owners of Robert Duncan and Chris Tuck. The were some points of very clear tension the buildings, only in an anonymous form Parliamentarians and the clerks really unless the owner provides otherwise. around here, and that is just part of worked hard. (2) COMPLEMENTARY PROGRAMS.—The data- the process. Fortunately, cooler heads base maintained pursuant to paragraph (1) prevailed, and we were able to come Also I wish to recognize on the shall complement and not duplicate the back together. We were able to get the Democratic side of the aisle Gary and— functions of the Environmental Protection process moving forward and keep this everybody has just done a phenomenal Agency’s Energy Star Portfolio Manager job and we so appreciate it. tool. bipartisan coalition in tact. (d) INPUT FROM STAKEHOLDERS.—The Sec- I will just point out to the Members I truly must say the opportunity to retary of Energy shall seek input from that with the help of the ranking mem- start with this first bill and to be stakeholders to maximize the effectiveness ber on the energy committee—with the working with my ranking member, of the actions taken under this section. exception of one night—we did it all MARIA CANTWELL, on this effort, know- (e) REPORT.—Not later than 2 years after during daylight hours. Not to get real the date of enactment of this Act, and every ing that she was just getting her staff 2 years thereafter, the Secretary of Energy personal around here, but we have got- in line as we moved to this bill—the shall submit to the Committee on Energy ten into a habit in recent years of not staff director on the ranking side I and Commerce of the House of Representa- taking up votes until just about the don’t even think had officially been tives and Committee on Energy and Natural dinnertime hour. I don’t know about brought on—and it was full on. They Resources of the Senate a report on the the rest of you, but when I call the have done extraordinary work, working progress made in complying with this sec- family in for dinner, we kind of expect with us. tion. it is dinnertime. Ms. MURKOWSKI. I move to recon- I am pleased that we were able to I want to recognize Angela Becker- sider the vote. work with everyone’s schedule and Dippmann and Sam Fowler and all the Mr. CORNYN. I move to lay that mo- move through amendments in a fashion rest of the team because they were ex- tion on the table. that was reasonable and structured. traordinary. The motion to lay on the table was Yesterday was not exactly convenient agreed to. I also want to recognize BARBARA The PRESIDING OFFICER. The Sen- with the numbers that we processed, BOXER and her staff as well. There was ator from Alaska. but we did it. So I appreciate the great so much that needed to be coordinated. Ms. MURKOWSKI. Mr. President, I level of cooperation we have had. It is not easy to start out a new Congress in I thank my ranking member for her am very pleased that we are at this patience, for her partnership, and for point after three solid weeks of debate. a new majority as the manager of the really the very good-faith efforts she The Presiding Officer introduced this first bill brought to the floor, but I had has made as we have worked to get this bill on January 8, 2015, and it is now a lot of phenomenal help. bill to a conclusion, and offer a contin- January 29. After weeks of good, solid I wish to take a brief moment to ued gesture of wanting to work to- debate, we have officially passed our thank those who have provided counsel bipartisan bill to approve the Keystone and assistance to us. This is kind of gether with her. I want her to know XL Pipeline. like the Academy Awards for the first that I will be with her this weekend This legislation was not only impor- bill coming through the Senate. rooting for the Seahawks at the Super tant to pass so we could add more jobs, I would like to recognize my staff on Bowl. So yet one more area of her oper- have energy security, and good trade the Energy and Natural Resources ation, but a grand thanks to my rank- relationships with our neighbor in Can- Committee who have done a fabulous ing member and my partner on this ada, but also we were able to return to job with every part of this process: My bill. what we call regular order in the staff director, Karen Billups, Pat With that, I thank the Chair and I Chamber. The Senate has been given McCormick, Kellie Donnelly, Colin yield the floor to Senator CANTWELL. Hayes, Lucy Murfitt, Tristan Abbey, the title of the world’s most delibera- The PRESIDING OFFICER (Mrs. tive body. I think it is fair to say that Kate Williams, Robert Dillon, Chelsea CAPITO). The Senator from Washington. in recent years we have not really worn Thompson, Chuck Kleeschulte, Cathy that title very well. We have not been Cahill, Chris Kearney, Mike Ms. CANTWELL. Madam President, I able to engage in the deliberation and Pawlowski, Chester Carson, Mike wish to speak also for a few minutes debate that I think Members of the Tadeo, Isaac Edwards, Jason Huffnagle, about what an incredible process this Senate and the public at large expect. and Brian Hughes, on the Energy and has been. As the Senator from Alaska What we have seen over these past Natural Resources Committee and on stated, this was all a very unique expe- few weeks was a return to regular my personal staff as well. Our interns rience, coming to a new Congress and order where a Member is free to call up on the Energy and Natural Resources being the very first bill up and every- an amendment, have it debated, and Committee, Samin Peirovi and Will body moving to that discussion. So I have it fall or succeed based on a proc- Treadwell, also did a great job assist- thank the Senator from Alaska.

VerDate Sep 11 2014 02:41 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JA6.019 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE S642 CONGRESSIONAL RECORD — SENATE January 29, 2015 Let’s just say both sides of the aisle Engle; and Reema in Senator DURBIN’s tect the American economy, I want tested people on amendments and the office, and Emma, thanks so much for him to protect the American farmers, amendment process, but I would say it helping us through a process that, as and I want him to protect the Amer- was the trust we could negotiate that my colleague said, for the most part ican environment. got us through a couple of rough spots didn’t take us way late into the night Again, I say to my colleague from and the fact that I could count on the and we got a lot of things accomplished Alaska that if she and I can get Senator from Alaska for negotiating when we could during the day. through these few weeks on a bill that and trusting what she had to say about Needless to say, I am not as excited a lot of our colleagues were predeter- how we could move forward in getting about the passage of this legislation as mined on, but have so many different those votes and getting things done. So my colleague on the other side of the amendment discussions, then, yes, I thank her for that and I thank her for aisle, but we did find out some things maybe it bodes well for a bigger bipar- her leadership. I certainly can’t wait to during this process. We found out that tisan energy bill. I will certainly look work with her on broader energy policy the majority of the Senate doesn’t forward to working with her on that. legislation, because while I think peo- think that climate change is a hoax. I thank her for her leadership during ple probably still look at us as rep- We couldn’t quite agree on whether it a time period where she had many resenting the States of Washington and is significantly caused by man, or just things on her plate, and this was just Alaska, what people may not realize is caused by man in some areas, but that one of them. I hope we can get some of how intertwined Alaska’s and Washing- was a step. We saw huge enthusiasm the issues we care about on our side of ton’s economies are. So if there is any- for energy efficiency. We saw that peo- the aisle that I think really do lead to body who can find commonality on en- ple were willing to accept voice votes job growth, such as the energy tax ergy policy, even given the difference or receive 95 votes on things that were credits, a focus on energy efficiency, of our States and the differences on energy efficiency items, so I think that and a focus of diversification also on each side of the aisle, I think the Sen- bodes well for the Senator from Alaska the energy agenda. With that, I yield the floor. ator from Alaska and I will have a and me thinking about more energy ef- Ms. MURKOWSKI. Madam President, chance to do that. I think this process ficiency policy. I wish to thank the Senator from we just went through bodes well for us Obviously, I remain concerned about Washington for her comments. I think trying to say to both sides of our aisles the holes in the legislation, everything it is clear that we have a great deal of that there are things we can put on the from the things we didn’t get to pass— work in front of us, but I think we also table and discuss and a process we can the trust fund—and the fact that we have a better idea of where some of go through, and that process can work. still need to figure out oilspill cleanup that common ground may be as a re- So I thank her for that. processes on something like tar sands. sult of the discussions this past month. I appreciate the Senator from Alaska I look forward to the many initia- So I am looking forward to advancing tives—in fact, we just had a hearing mentioning some of these issues as an energy initiative through the com- this morning. I said, with two women areas for continued work because we mittee and, hopefully, through the full heading up this leadership on the En- will definitely take her up on that process, that will speak to the at- ergy and Natural Resources Committee process. And, certainly, we want to try tributes of affordability, abundance, a and two women staff directors, multi- to take up some of the issues our col- clean energy supply, diverse and se- tasking is front and center in the U.S. leagues, such as Senator PETERS, cure. We have a lot of work to do. Senate. I don’t think a lot of people brought up and work on them moving In the comments I made, I thanked a would see either of us out in the halls forward. I hope this process, as it re- lot of people, but I think it is impor- making declarations. I think we just lates to this legislation—I hope our tant to recognize that the Senator hustled our way to the floor to try to colleagues—coming from the State of from Washington and I would not have get things done. I hope that is what we Washington where we have so many been able to do the job we did—man- can do as we move forward through coal trains and oil trains coming aging this bill on the floor, working this process. through our area, I wish the pipeline with other Members, working with I too wish to thank certainly Karen would be some remedy for us, but it is staff on the floor and our respective Billups on the majority side staff. I not. Even according to railroad statis- staffs—if there had not been a very hadn’t had a chance to work with her tics and other statistics, a pipeline is clear and a conscious decision that yet in this capacity and I certainly ap- not going to make one dent in the management of what was going to hap- preciated her steady hand on that. I number of oil trains coming to the Pa- pen on the Senate floor was going to be want to thank on our side our staff di- cific Northwest. So the fact that the a little bit different, that there would rector, Angela Becker-Dippmann. The Commandant of the Coast Guard says be an opportunity for debate, and some very first day—like sometime in mid- we don’t have a solution for cleaning have described free-wheeling debate. January, I think—to come back to the up tar sands is something we want to What is free-wheeling debate? I think Energy and Natural Resources Com- work on and push forward on. we have just kind of defined it here mittee and then have the first bill and I hope we can get our colleagues with the Keystone XL Pipeline. I don’t have it right in front of us and not be around the fact that the number of know whether that is going to be the totally staffed up, I certainly appre- crude oil incidents has been growing course for everything going forward, ciate her leadership and her dedication since 2009. It used to be we were having but this was a pledge that the majority to energy policy. Also, I thank Sam a decline and now, according to the As- leader Senator MCCONNELL made when Fowler and David Brooks and Jared sociated Press, we are seeing an in- he became the majority leader. I think Leopold on my staff for their hard crease; at least 73 different accidents in we have seen that play out in a process work on this. 2014, an 87-percent increase over 2009. that has been respectful, where at the I too have a list of staff that I wish We are seeing these new sources end of the discussion we can still agree to read quickly: Will Dempster, Clay- being developed and new ways of trans- to disagree on the bill itself, but the ton Allen, Renae Black, Elizabeth Wei- porting them, and huge acceleration, process that has gotten us through ner, Tara Billingsley, David Gillers, Al and I hope Congress will take a deep final passage has been one that, again, Stayman, Dan Adamson, Elizabeth breath and get to these issues as it re- was respectful and did allow for full Craddock, Nick Sutter, Aisha Johnson, lates to safety and security outlined and civil discourse. I think that is Caroline Bruckner, Bryan Petit, Faye and into law. I hope we will have a what the Senate should be all about Matthews, and Carl Seip. There are chance to do that. and I am proud to have been a part of also a couple of other people from my I still hope the President of the it. staff, Nicole Teutschel and Travis United States vetoes this legislation With that, I know my good friend Lumpkin who also helped. because, frankly, I want him to be able from North Dakota, the prime sponsor I really want to thank the floor staff. to negotiate. I want him to be able to of this bill, is waiting to speak and I This is the first time I have managed a negotiate with this company the terms congratulate him for a phenomenal job. bill on the floor, so thanks to Gary and agreements by which this pipeline He and his staff—I should have men- Myrick and Tim Mitchell and Tricia is going to be built. I want him to pro- tioned his staff. Ryan and the others

VerDate Sep 11 2014 00:59 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JA6.051 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE January 29, 2015 CONGRESSIONAL RECORD — SENATE S643 who have been working behind the Sen- President now will join with us. Clear- It was the Senate that was dysfunc- ator from North Dakota have been ly we are going to move this to his tional. The House passed a lot of legis- doing a great job. Senator HOEVEN has desk, and I hope he will work with us. lation that came to die in the Senate been articulate, persistent, and really That is what the American people because the then-majority leader made has done a phenomenal job moving this want. the decision he wasn’t going to move through the process. If we look at this legislation, if we it. It is a new day in the Senate. While I congratulate the Senator from look at this Keystone XL Pipeline I am sure the bill managers would tell North Dakota, and I yield to him. project, it is about energy. It is about us it wasn’t easy, we actually have an The PRESIDING OFFICER. The Sen- jobs. It is about helping to grow our accomplishment thanks to the leader- ator from North Dakota. economy. It is about working to ship of the Senator from Alaska and Mr. HOEVEN. Madam President, I achieve national security in terms of the Senator from North Dakota, and wish to thank the Senator from Alaska energy security. It is about building thanks to an awful lot of people. That and the Senator from Washington as the right kind of energy plan for the is progress. the bill managers. I think they have future of our country. I hope the first efforts we have made done an exceptional job. I know that is Here is where we are. This process by being able to pass legislation—hope- not just my opinion, but it is the opin- was started over 6 years ago. Not only fully the House will concur, the Sen- ion on both sides of the aisle. It is not has this Congress, both the House and ate, and the President—we will have just that they were able to do the work the Senate, now advanced this bill in a done our job. What the President de- on this bill, but actually to facilitate bipartisan way with strong bipartisan cides to do is about him doing his job, the debate that really enabled us to majorities in both Chambers, but every but we can’t fail to do our jobs just be- move through an open amendment State on the route, all six States on cause he refuses to do his job. process and a return to regular order. the route have approved this project as In fact, when he has announced for It is not easy to do. Because, obviously, well. We have the Congress that has ap- seven different pieces of legislation he we had people who had ideas on a whole proved it on a bipartisan basis. We is going to veto them, the easiest thing variety of issues, and, clearly, we have have all six States that are included on for us to do would be to curl up in a strong support for legislation, but the route. They have approved it fetal position and say we give up, we there are those who oppose legislation through their processes. We have the are not even going try. We haven’t as well. So to find a way to keep that supreme court in the State of Nebraska done that. Again, I think this is a great amendment process going and with which has adjudicated, legislated in accomplishment. more than 40 amendments and, of that State. That has been resolved. I would say to my friends, the Sen- course, to get to a final vote and pass Our closest friend and ally, Canada, ator from Alaska, the Senator from the legislation is a real testament to wants us to work with them on energy North Dakota, and others who have both of the bill managers. security for North American energy se- gotten us here today, well done. I thank all of the Members of this curity, but most important of all the PRESIDENT OBAMA’S 2016 BUDGET body who supported the legislation. A American people want this done. In bipartisan vote getting more than 60 poll after poll, the American people Madam President, I would like to votes is no small achievement for any overwhelmingly support this project. turn to another topic. That seems as piece of legislation. Of course this bill Over the last 3 years, the support has though it is a metaphor for life in the already passed the House. ranged from 65 percent to 75 percent. Senate. We finished one important We are already conferring now with Even in the most recent poll that came piece of legislation, and we turn the the House on whether we will need to out this month, 3 to 1, 65 percent to 22 page to the next topic. I would like to go to conference or hopefully get their percent, the people want the President talk about the budget. concurrence, but obviously our objec- to sign this bill. Again, I hope the Next Monday the President is ex- tive is to put it on the President’s desk President will join with us and work pected to release his 2016 budget. Budg- as soon as possible. This is an impor- with us and support this legislation as ets are a time when you talk about and tant step in building the kind of energy we work with our leader on the energy deal with your priorities. This budget plan this country needs. We can’t get committee and with our ranking mem- will reflect the President’s priorities, I to energy independence or energy secu- ber. am sure. I hope one of those priorities rity without building the infrastruc- We don’t agree on everything, obvi- is to put the country on a more sus- ture we need to move that energy from ously, but there are things we can work tainable path. But one of the things I where it is produced to where it is con- on together. We are working to build am very glad about is that for the first sumed. the right kind of energy plan for this time the President, in a long time, is We have to remember that, yes, this country to get energy security. There actually going to propose his budget on is about working with our closest will be more work to do, but I hope the time. The President missed so many friend and ally, Canada. Some of the oil President will join us in a bipartisan previous deadlines over the years that in the pipeline will be moved from oil way and sign this legislation. people hardly ever notice anymore— production in Canada, but it is also Again, my thanks to the bill man- but that is good, the President releas- about moving our domestic oil in this agers, to the Members of this body who ing his budget on time. country from States such as mine and supported the legislation. I appreciate While I am happy to see he will fi- from the State of Montana and moving it very much. nally meet his statutory deadline in that oil as safely and as efficiently and I know the good Senator from Texas submitting his annual budget, what I effectively as possible and moving it in has a few words, but I will first yield am interested in seeing is what he has a way that actually produces less emis- the floor back to the Senator from in the budget, to see if he is willing to sions than if we try to move all that oil Alaska. meet the challenges of our day by on trains, which is what is being done The PRESIDING OFFICER. The ma- drafting a serious budget, including re- now. jority whip. alistic priorities. That also means Moved on trains, we are talking 1,400 Mr. CORNYN. Madam President, let making tough decisions, but that is railcars a day instead of moving it me say to the Senator from Alaska and where budgets are so helpful. through a pipeline. It is not only a the Senator from North Dakota, con- I am an optimistic person, but if the safety issue, it is not only a cost issue, gratulations, and tell them how much I President’s State of the Union rhetoric it is not only an efficiency issue, it is admire and appreciate their tenacity. is any indication as to what we will see about producing less emissions and The 114th Congress had a lot to prove. next week, I am concerned the budget making sure we don’t create conges- Mainly what we had to prove is we will be loaded with more taxes, more tion on our railroads to move all of the weren’t like the 113th Congress that spending, and more debt. That cer- other goods we want to move. This is was completely dysfunctional, particu- tainly isn’t a sustainable path forward about building the kind of infrastruc- larly the Senate. for the country, but last year the ture plan for energy and other things I have to say to our good friend, the President’s 2015 budget would have we want for this country. I hope the Presiding Officer, it wasn’t the House. raised taxes by more than $1 trillion

VerDate Sep 11 2014 00:59 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JA6.051 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE S644 CONGRESSIONAL RECORD — SENATE January 29, 2015 and increased our national debt by tril- more than $9 trillion in the next 10 ed that ‘‘such large and growing federal lions more and his budget would have years. The President added $7 trillion debt would have serious negative con- never balanced. during the 6 years he has been in office. sequences.’’ He is exactly right. When I can’t think of anything worse dur- If we don’t do something quickly, we we have to basically take up available ing a time of slow economic growth are on a trajectory to add $9 trillion credit to finance our national debt, than layering on $1 trillion of addi- more over the next 10 years. that leaves less credit available to the tional taxes on the people we are de- The Congressional Budget Office’s re- private sector to make investments pending upon to create jobs and make port also shows that in 5 years the Fed- that will actually create jobs. It acts the investment to get the economy eral Government will spend more than like a wet blanket on economic growth. growing again and get America back to $500 billion in interest on the debt Nothing but fiscal uncertainty and cri- work. alone and $827 billion in 10 years. sis will come from our debt continuing Here is another sort of sleight of Here is the ticking timebomb if you to spiral out of control. hand the President has been using late- think about it. Because of slow eco- The bottom line is this: Under Presi- ly. He has been talking a little bit nomic growth globally, a lot of the dent Obama the Federal Government about deficits. Deficits, as we all know, Federal Reserve Banks essentially for has spent the past several years raising is the difference between the money the United States and other countries taxes. It has increased regulations. It that comes in and the money that is have done the best they can to keep in- is driving our national debt to unprece- paid out on an annual basis. The debt is terest rates low. In America they are dented levels, and we have a growth a different topic. That is the long-term next to zero. All we need to do is look rate which reflects that. debt. Actually, it is the accumulated at the return on our savings accounts I know the President was cele- deficits which represent the biggest to see what a meager interest rate is brating. He was almost spiking the challenge. being offered by the bank or credit football at the State of the Union, say- The President likes to say that, well, union on our savings. That is because ing: Well, we had a 5-percent spurt of the deficit has come down—which is of Federal Reserve policy. That is true growth in the gross domestic product true—but primarily the reason for that of central banks throughout the world. last quarter. is because of a huge tax increase he But inevitably over time those interest Well, that is great, but all of the pro- embraced a couple of years ago along rates are unsustainable, so they are jections show that for the next year, with the sequester or discretionary going to start ticking back up. When because of all of the factors I have spending caps that were in the Budget they go from roughly zero to 4 percent mentioned, growth is going to continue Control Act of 2011. The combination of or 5 percent, the amount of money we to bounce along the bottom at a rate of higher taxes the President sought and will have to pay on the current $18.1 roughly 2 to 2.2 percent. That is not got and the spending restraint that es- trillion in debt and on the additional enough growth to get the economy sentially was championed on this side debt that will be added over the next 10 moving again to create the jobs to cre- of the aisle resulted in lower annual years—unless we get hold of this prob- ate the prosperity and lift our economy deficits. lem—is going to crowd out our ability needs to get Americans back to work. But the fact is we are still spending to do everything from protecting the In my opinion, the President’s poli- money we don’t have. As the distin- most vulnerable in our society through cies over the last year have actually guished chairman of the Budget Com- our safety net programs to jeopardizing made it more difficult for businesses to mittee likes to say, we are still over- our national defense which is some- hire workers and for families to plan spending. We are still spending money thing we can’t outsource to somebody for the future. I would argue that his we don’t have as long as we have any else. This is something only the Fed- policies have introduced enormous un- deficit. But deficits will not hold up for eral Government can do. certainty into our health care system, long as a reliable red herring. Factors We had an office holder in Texas a our tax system, and our financial sys- contributing to lower deficits will soon few years ago who talked about the tem. change. Spending on ObamaCare and Yellow Pages test. It always resonated What our country needs now is the other broken entitlements will only with me. She used to say government same thing which we have needed all ramp up from here. On the President’s should not be doing things that we can along but which we haven’t had over current trajectory, it is only a matter find in the Yellow Pages because that the past 6 years. We need genuine Pres- of time before those annual deficits means the private sector is doing it. idential leadership, the type of leader- start building again and adding even But the one thing you won’t find in the ship that is required to restore Ameri- more to our national debt. Yellow Pages is national security, and cans’ confidence in the future and to What the President is hoping is that so our ability to protect our way of life ensure better opportunities for the they will be distracted by his happy and our future is going to be jeopard- next generations and beyond. We don’t talk about lower annual defenses, and ized by this debt. That is why Admiral need Presidential leadership that leads we will not pay attention to the loom- Mullen—former Chairman of the Joint us into more debt, less opportunity, ing elephant in the room, which is our Chiefs of Staff a few years ago— and a more dismal future. national debt which has grown more shocked all of us when he was asked It is my hope that the President’s than $7 trillion in the 6 years he has ‘‘What is the single largest threat to budget will be exactly what it should been in office. More than $1 trillion a our national security?’’ and he said be and exactly what the American peo- year. The national debt is $18 trillion ‘‘The debt.’’ That got a lot of us going ple deserve; that is, a responsible blue- and counting. It is set to explode over to the books trying to figure out what print for robust, economic growth. the long term. he was talking about, and what he was There are not a lot of problems that I realize most of us can’t possibly talking about is what I have been refer- face our country that couldn’t be ad- conceive of what $18 trillion is, but if ring to here. dressed in large part by robust eco- we consider the fact we have 320 mil- Let me repeat that second part nomic growth. Our economy would lion people in America and we have an again. In 2025 we will be spending $827 grow. Revenues to the Federal Treas- $18.1 trillion national debt, each one of billion in interest on our debt alone. ury would grow, thus reducing our defi- us—from the oldest American, most We won’t be paying down the principal; cits and giving us a better opportunity senior American, to the baby who was we will just be paying interest on the to address our debt. More Americans just born—owes $56,500 in debt. debt by 2025—$827 billion. That would would be working again instead of the Earlier this week the Congressional be the third largest line item in the lowest percentage of people in the Budget Office released its annual Budg- Federal budget, just behind Medicare workforce in the past 30 years. That is et and Economic Outlook which pro- and Social Security. what they call the labor participation vides an updated economic forecast for The Director of the Congressional rate. the current fiscal year and for 10 subse- Budget Office, Doug Elmendorf, has I hope the President’s budget will get quent years. According to the Congres- been testifying on findings from this behind some of these progrowth poli- sional Budget Office, under current law report. On Tuesday, before the House cies, such as progrowth tax reform— the national debt is expected to grow Budget Committee, Dr. Elmendorf stat- something we are eager to work with

VerDate Sep 11 2014 04:00 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JA6.053 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE January 29, 2015 CONGRESSIONAL RECORD — SENATE S645 the President on—and support serious who came to the floor having voted to worker today is earning some $700 less efforts to save Social Security and spend trillions of dollars on a war we than that worker made 40 years ago. Medicare. The dirty little secret in should not have gotten into, having The median woman worker—that Washington is that if we don’t do any- voted to give huge tax breaks to bil- woman right in the middle of the econ- thing to save Medicare and Social Se- lionaires, having voted for a Medicare omy—made $1,300 less last year than curity, they are going to fall off the fis- Part D prescription drug program that she earned in 2007. Since 1999, the me- cal cliff. So doing nothing is not an op- was not paid for—lo and behold, they dian middle-class family has seen their tion, but we need a bipartisan commit- have discovered we have a deficit prob- income go down by about $4,000. ment to save Social Security and Medi- lem and a national debt problem. This The great recession, which was care. country would be in a lot better shape caused by the greed, recklessness, and I hope the President’s budget will be if they had expressed those concerns 7 illegal behavior on Wall Street, cost a balanced one and finally offer a long- or 8 years ago. our country millions of good-paying term plan for controlling our national In my view, there is a war going on in jobs. It cost millions of Americans debt. If it is not, well, we are not going this country. And I am not talking their homes and their life savings. It to depend on the President alone; we about the war in Afghanistan or Iraq or destroyed marriages and left people so are going to do our job in the Senate the instability in the Middle East; I am destitute that they took their own and the House and pass a responsible talking about the war being waged in lives. But the fact is, when people are budget. If the President does not pro- America today against the American in economic despair and economic re- cession, suicide rates go up. While the pose one, we will show the American middle class, against the American worst is clearly behind us, millions are people what one looks like because we standard of living, and against the still trying to claw their way back to cannot let the President continue to American dream. where they were before the greed and lead us down this path of unsustainable Today in the United States of Amer- ica we have more income and wealth financial abuses of Wall Street ripped debt and a darker future for American the middle class apart. inequality than any other major coun- people. The good news is that in the past 6 f try on Earth. years our economy has made signifi- Today in America we have the high- MORNING BUSINESS cant progress. We have created mil- est rate of childhood poverty of any lions of jobs, and that is a good thing. Mr. CORNYN. Madam President, I major country on Earth. Our unemployment rate is down, and Today in America we are the only ask unanimous consent that the Sen- we have seen a whole lot of people re- major nation not to guarantee health ate proceed to a period of morning turn to work. But when we talk about business, with Senators permitted to care to all of our people as a right of the economy, we also have to under- speak therein for up to 10 minutes citizenship. stand that the recovery we are seeing The United States of America once each. is extremely uneven. Some people—the led the world 40 years ago in terms of The PRESIDING OFFICER. Is there people on top—have done remarkably, objection? the percentage of our people who grad- unbelievably well. A tiny slice of the Mr. SANDERS. Reserving the right uated from college. In short, we were population has gobbled up all of the to object, I need more than 10 minutes. the best educated people in the world. economic gains since 2009. Is that all right? That was the expecta- Today we are in 12th place, and mil- Let me repeat that because it is al- tion. That is fine. lions of our young people are grad- most impossible to believe, but it is The PRESIDING OFFICER. Without uating from college deeply in debt, true. All of the new income gains after objection, it is so ordered. while others are looking at the cost of 2009—not 50 percent, not 80 percent, not The Senator from Vermont. college and saying: I am not going to 90 percent—100 percent of all of the in- f college. I am not going to get a higher come gains after 2009 have landed in education. I can’t afford it. I don’t INCOME INEQUALITY the pockets of the top 1 percent. want to leave school in debt. Our com- Today the top one-tenth of 1 percent Mr. SANDERS. Madam President, I peting nations—whether it is Germany, owns more wealth than the bottom 90 am delighted to have heard the speech Scandinavia, whether it is many of the percent. Today the Walton family—six from my good friend Senator CORNYN. European countries—are saying their people—owns more wealth than the As the ranking member of the Budget kids are going to go to college regard- bottom 41 percent. Here is the Walton Committee, I think we are going to less of the income of their families. family, six people who are worth $144.7 have some very serious discussions In terms of our infrastructure, we billion, and here is the bottom 41.5 per- about the assertion Senator CORNYN were once the envy of the world. cent of our population—131 million peo- and many other Republicans made. Today, according to the World Eco- ple who are worth about $123.4 billion. Let me begin by saying I am de- nomic Forum, we are in 12th place. I ask the American people, is this what lighted that some of my Republican Today in America real unemploy- our country is supposed to be about— friends have expressed great concern ment is not the official unemployment one family owning more wealth than about our deficit and our national debt. rate of 5.8 percent; it is over 11 percent the bottom 41 percent, the bottom 131 I ask them where they were several if we count those people who have million Americans? Our economy and years ago when we went to war in Iraq given up looking for work and are our distribution of wealth and income and forgot to pay for that war. I hap- working part time. is completely out of balance, and this pen to think the war in Iraq is not a Youth unemployment—an issue we imbalance is not only fundamentally war we should have ever gotten into, do not talk about—is 18 percent. We immoral, it is wrong that so few have but be that as it may, I find it inter- have over 5 million young people in so much and so many have so little. esting that some of the leading deficit this country who either dropped out of But it is also detrimental to economic hawks went to war—a war which will high school or graduated from high growth, it is dangerous for our finan- end up costing us some $3 to $6 trillion. school. Do you know what they are cial stability, and in fact it threatens For the first time in the modern his- doing? They are doing nothing. They our democracy. Our task is to rebal- tory of our country, they went to war are hanging out on street corners in ance this economy; to create an econ- and yet they chose not to pay for it. Vermont, Louisiana, and all over this omy that works well for all of our peo- Then on top of that, in the midst of the country. There are no jobs for them. In ple and not just wealthy campaign con- war, during that period, they gave sub- terms of African-American youth un- tributors—not just the Koch brothers stantial tax breaks to the wealthiest employment, that number, if you can but the working class of this country. people in this country. In addition to believe it, is close to 30 percent. There was a time after the Great De- that, they passed a Medicare Part D What the war against the middle- pression when we built an economy prescription drug program—much more class and working families is about is that allowed workers to share in our expensive than it should be—written by that millions of our people are working Nation’s prosperity. There was a time the insurance companies, also not paid longer hours for lower wages. In infla- when the economy grew to help all peo- for. But now these same Republicans tion-adjusted dollars, the median male ple—the rich got richer, the middle

VerDate Sep 11 2014 00:59 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JA6.054 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE S646 CONGRESSIONAL RECORD — SENATE January 29, 2015 class expanded, and poverty went As the recent elections in Greece porations pay 35 percent, but they did down. That economy brought unparal- demonstrate, ordinary people will not get a reduction in the corporate tax leled prosperity and financial stability stand by and watch as their economies rate. Taxes on capital gains fell from 28 to our country and is affectionately re- unravel and as their democracies un- to 15 percent. We have deregulated the membered as the golden age of Amer- ravel. Left unchecked, widening dis- airlines, deregulated telecommuni- ican capitalism. For decades wages in- parities in wealth and opportunity here cations, deregulated energy, and creased alongside rising productivity, at home can give rise to dangerous lev- maybe, most significantly and most and each generation could reasonably els of social unrest. We must rebalance disastrously, we deregulated Wall expect to do better than the last. the economy so prosperity is enjoyed Street. My parents worked very hard so their by the many—by the middle class, by We did all of the things the wealthy sons could do better than they did. working families—and not just a hand- and the powerful wanted us to do, but That was the American dream—a ful of people on top. instead of unleashing the job creators dream, by the way, which no longer ex- We must ensure that our economy and ushering in a new golden age that ists. continues to grow and that the benefits benefits all people, these supply-side After rising to more than $56,000 at of a growing economy are widely en- gimmicks brought us widening inequal- the start of the 21st century, real me- joyed. It is not growth versus fairness ity and greater financial instability. In dian household incomes today have but growth and fairness. In other other words, these experiments failed. fallen back to where they were in 1996, words, we can have all the growth we They failed. Our economy has become a decline in living standards of more want and it doesn’t mean anything to more unstable. The distribution of than $4,000 a year. Something is not the middle class. In fact, the converse wealth and income has become more right in our economy. is true: We can have all the fairness we unequal, and it takes the system The good news is the economy is want, but if there is not growth, people longer and longer to call back the jobs growing. It is much better than it was are not going to gain prosperity. In that are lost each time we suffer a re- 6 years ago, and we should be delighted fact, no society has ever flourished cession. by that. GDP is up. We just had a very without a large, prosperous middle I am encouraged by some of the com- strong quarter—5-percent growth. Pro- class, and that is what we must fight to ments I have recently heard from my ductivity is up, employment is up, bring about. Republican colleagues who recognize home prices are up, and the stock mar- My Republican friends believe the that income and wealth inequality in ket is way up. economy will grow if we just give more America is real. This is a step forward. On the other hand, average hourly tax breaks to millionaires, to billion- However, the policies they are advo- earnings have barely budged, leading aires, and to the largest corporations cating to address income and wealth economists to resurrect a Depression- in America. They refer to this top 1 inequality will in fact make a bad situ- era term—a Depression-era term— percent as the job makers or the job ation even worse. called secular stagnation. For the first creators. They insist if we rub their As the ranking member of the Budget time since the Great Depression, our bellies just right—deregulating mar- Committee, let me tell you what the economy is growing in a way that is kets and slashing taxes and all of these Republicans have in mind. They don’t leaving most of our citizens no better nice things for the wealthy and the say this straightforward, so I will help off. In other words, the economy is powerful—we can coax them into build- them and say it straightforward. What doing well, but the people are not doing ing an economy that will work for ev- they intend to do is to cut Social Secu- well. eryone. That is called trickle-down ec- rity, and they are going to tell us all In fact the distribution of wealth onomics: bend over backward for the the reasons we have to cut Social Secu- today is worse than at any time since rich and the powerful, and when we rity. That is what they are going to do. 1917—1917. The share of wealth owned give them their tax breaks, we deregu- That is what they are going to try to by the top one-tenth of 1 percent is al- late and let them destroy the environ- do. We are going to stop them, but that most the same as the bottom 90 per- ment, my God, they are going to create is what they are going to try to do. cent. all these jobs for working families. They are going to try to end Medicare When we talk about the budget—and That is what the first George Bush as we know it and convert it into a I will talk about the budget as the referred to as ‘‘voodoo economics.’’ He voucher program. That is what the ranking member of the Budget Com- was right then and that expression is House Republicans voted to do last mittee—the budget has to be placed in right today. year. The result will be that there will a broader context of what is happening I am sure the Presiding Officer has be more and more out-of-pocket med- in America. What is happening in seen the Kevin Costner movie ‘‘Field of ical expenses for older Americans. America is the people at the top are Dreams.’’ These supply-side arguments, They are going to make devastating doing phenomenally well, the stock these trickle-down theories are the cuts in Medicaid and throw some of the market is going off the wall, corporate economic equivalent of the field of most vulnerable people in this country profits are at an alltime high, while dreams. The Republicans tell us all we off of health insurance and onto the the middle class shrinks and we have have to do is to build a friendly tax and rolls of the uninsured. They are going almost more people living in poverty regulatory environment and the ‘‘job to try to cut taxes for millionaires, bil- than at any time in our history. That creators’’ will come. They tell us we lionaires and large corporations and is the context in which in my view the just have to get the ‘‘incentives’’ right they are going to try to increase mili- Budget Committee has to accept its and the wealthy will create all the tary spending. challenge. good jobs we need. They tell us that if That is what they are going to do. Today half of all Americans are mak- we build the rich a better playing field, They are going to give long speeches. ing less than $20 an hour, half the kids the jobs will come. They are not going to say these things in our public schools are living in pov- That is the mantra of supply-side ec- directly, but if you listened closely to erty, and 62 percent of Americans do onomics, of the trickle-down theory: If the speech my friend and colleague not have the money to cover an unex- you build it, they will come. The only Senator CORNYN gave, that is truly pected emergency room visit or a $500 problem with that theory is it has been what they intend to do. car repair. In other words, all over this tried and the evidence is overwhelming Einstein said it was the height of in- country people are stressed. They are that it has failed. sanity to keep doing the same thing worried about what would happen if Since 1980 we have seen the marginal over and over again expecting different their car were to break down. They are income tax rate—the top marginal in- results. It is time to accept the facts. worried what would happen if they come tax rate—plunge from 70 to 35 The facts are that trickle-down eco- were to get sick because they have no percent. The wealthiest people wanted nomics does not work. It has failed. It money in the bank. They have nothing a reduction in their marginal tax rate, is time to get back to doing what does to rely upon. They are working longer and they got it. The corporate income work—what works for the middle class hours and in many cases they have tax rate dropped from 46 to 35 percent— and working families. That is what we nothing in the bank. although, by the way, very few cor- have to get back to.

VerDate Sep 11 2014 00:59 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JA6.056 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE January 29, 2015 CONGRESSIONAL RECORD — SENATE S647 So what does work? What is a pro- pay 23 percent less on average than Clearly, this is unacceptable. This gram we should be advocating that those that were lost in the recession. trend of the rich getting richer and ev- makes sense and that will work for or- In his State of the Union Address, the erybody else getting poorer is not what dinary Americans? The plan is actually President talked about ‘‘middle class America is about, and it has got to be pretty simple. It is the way economics economics,’’ and that is an excellent changed. We have to rethink the fun- was taught and practiced during the way to put it. It is a powerful reminder damentals of supply-side, trick-down golden age of capitalism, and it flips of what drives growth and prosperity. economic theory. trickle-down thinking on its head. To When we understand this, we under- The difficulty we have, to be frank, is put it as simply as possible, our econ- stand why our economy cannot func- that, especially since Citizens United omy runs on sales, not a very difficult tion when those at the very top are and especially since the millionaires concept to understand. Sales create pocketing 100 percent of the income and billionaires can pour huge amounts jobs. gains. of money into the political process, for Businesses don’t hire and invest be- Let me repeat that. The top 1 percent them this is great news. This chart is cause they want to. They hire workers is not getting 50 percent of all new in- fantastic news. They have won. They and invest in new machinery because come, not getting 80 percent of all new contribute to candidates, and can- they have to. They do it to keep up income—they are getting 100 percent of didates go out and tell us we need more with consumer demand, which is 70 per- all new income. Our most important tax breaks for the rich, we need more cent of our economy, not very com- job creator, the vast middle class, is deregulation. And these are the results. plicated. When people have disposable disappearing. Squeezed by decades of So not only do we need to change our income in their pockets, they buy prod- rising costs and stagnant incomes, economic policies. Clearly, we need to ucts, they buy services, and when they they just can’t do it. When those at the change campaign finance so the work buy those services and products, com- very top take more and more of the being done by Congress reflects the panies hire workers to make those gains, our job creators—i.e., the middle needs of working families and not just products and deliver those services. class—get squeezed. Debt becomes a the billionaire class. We hear a lot of talk about how we substitute for income, and the econ- Now, let me say what I think we need to reduce spending to grow the omy becomes even more fragile. should do. I do not believe we should economy, but that doesn’t quite make Let me show an incredibly revelatory give more tax breaks to the rich be- sense. Spending isn’t just the right way chart. This chart talks about distribu- cause they are getting richer and their to grow the economy. In fact, it is the tion of average income growth during tax rates have gone down. I do not be- only way to grow the economy. After expansions and what the bottom 90 per- lieve we should give more tax breaks to all, what is the economy? It is our eco- cent received versus what the top 10 large corporations, because there are nomic pie, our GDP. What is that? It is percent of families receive. huge loopholes in our corporate tax a measure of how much we are spend- We go back from the period of 1949 to system and we are losing about $100 ing as a nation to buy the goods and 1953, 1954 to 1957, 1958 to 1960, 1961 to billion every single year because cor- services we are producing. If we spend 1969, 1970 to 1973, 1975 to 1979, 1982 to porations and millionaires are stashing their money in the Cayman Islands and less, we don’t grow our economy, we 1990, 1991 to 2000, 2001 to 2007, 2009 to other tax havens. shrink it. 2012. That is the last we have. We have a situation right now in this Contrary to what a lot of people be- What this chart shows is that in the country in terms of our individual tax lieve, the government is not the big first three decades after World War II breaks where hedge fund managers who spender in the economy, households the vast majority of Americans did make millions of dollars a year pay an are. Their spending accounts for rough- well when the economy did well. effective tax rate lower than a truck- ly 70 percent of our total GDP. That This is the percentage of new income driver or a nurse. That makes no sense means consumers play a critical role in that went to the bottom 90 percent, to me nor do I believe it makes sense and this is what the top 10 percent got. creating the demand that drives our to the American people. economy. They did OK. The top 10 percent did So I will very briefly say what I It also means that when the middle pretty well. They got 20 percent of all think makes sense and an agenda that class is in trouble—when people have new income. But the bottom 90 percent will put Americans back to work at de- less disposable income—the American got 80 percent of the income. Then 1954 cent wages. economy is in trouble. Whether we con- to 1957 went down a little bit, but the No. 1, if we want to create jobs in tinue to grow and create jobs depends bottom 90 percent did pretty well. America, we don’t pass the Keystone critically on the economic well-being Again, the bottom 90 percent did pretty Pipeline bill. That creates 35 perma- of the vast middle class. If the middle well, and here the bottom 90 percent nent jobs. That creates several thou- class is weighed down with debt and did pretty well. Then the bottom 90 sand construction jobs. And, by the struggling to get by, the long-term percent begins to do less well, and way, that allows the Canadian firm to health of the United States economy is again less well, but they are still get- produce and transport some of the in serious trouble. ting a majority of the new income. dirtiest fuel in the world, which will Hardworking Americans with money Whoa—what happens in 1982? Well, only exacerbate the problems of cli- to spend are the real job creators. They Ronald Reagan is President—and the mate change—doing exactly the oppo- are the customers who supply the de- good news is we are into trickle-down site of what the scientific community mand of the vast majority of what our economics. Here it is. This chart tells tells us we should do. businesses are trying to sell. it all. This is what the top 10 percent So if we want to create more than 35 This is not just BERNIE SANDERS got, and this is what the bottom 90 per- permanent jobs, maybe we should be speaking. Talk to many of the large cent got. serious about rebuilding our crumbling companies out there and they say they Here we are in the last number here, infrastructure; that is, our roads, our are seeing a drying up of their cus- where we are today, and, lo and behold, bridges, our water systems, our waste- tomers because the economy is so bad. the top 10 percent gets it all. And, water plants, our dams, our levees, our That is what the folks in many indus- frankly, this is a metaphor. This is an rail system, our airports. Think of tries will tell us today. Our economy example of exactly what trickle-down what America would look like when, does well when people have income to economics is all about. instead of having a sub-par infrastruc- spend. This is not a complicated the- So early on, in economics, when we ture—an infrastructure now ranked ory. If people can’t buy products, com- have a recovery, most of the new in- 12th in the world—we lead the world panies are not making products. Com- come goes to working families and to with cutting edge technology. A $1 tril- panies are not producing services. the broad middle class. Since the 1982 lion investment could put 13 million Since the Wall Street crash, many of period, almost all of the new income Americans back to work at good wages. the jobs that have been added to the goes to the top 1 percent. Today, as I In my view, that is exactly what we economy have been low-wage and part- mentioned—rather unbelievably—all of should be doing. time jobs. In fact, the jobs created dur- the new income is going to the top 1 Right now in this country we have a ing the recovery in the last few years percent. significant number of people working

VerDate Sep 11 2014 00:59 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JA6.057 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE S648 CONGRESSIONAL RECORD — SENATE January 29, 2015 at the starvation wage—the Federal medicine they need, and, in cold States their problems. Constituent casework minimum wage—of $7.25 an hour. We such as mine in Vermont, to heat their is difficult, often requiring hours of te- must raise the minimum wage to a liv- homes. This is not just rhetoric. This is dious research and coordination with ing wage. When we do that, we provide reality. There are—God knows how Federal and State agencies. But Linda a pay raise for some 25 million Ameri- many—seniors who say: Well, I can’t was always equal to the task, and I can cans who today are struggling eco- buy my medicine if I am going to heat say without reservation that she was nomically. And when we do that, we the house. I can’t heat the house if I among the best caseworkers I have not only help them, but we also help am going to buy my nutrition. We ever had. the economy because, as I mentioned know that all over the country the Linda was passionate about public earlier, when these folks have money Meals On Wheels programs have wait- service. Her work ethic always im- they can then spend some money. ing lines because it is a place for low- pressed me, and I was grateful for her We have to provide pay equity for income seniors to get nutrition. Yet we willingness to assume new responsibil- women workers. It is not acceptable have an effort right now on the part of ities. She is tenacious, honest, and al- that women today earn 78 percent of Republicans to say that, well, yeah, we ways believes in doing the right thing. what male workers earn who do the have millions of seniors trying to get Most importantly, Linda has a deep same job. by on $12,000, $13,000 a year, but we are capacity to care for and love others. We have to deal with the scandal of going to cut their benefits. Well, they Both constituents and staff know this overtime right now, where we have may make that effort, but I will do ev- well. She has always gone out of her workers in McDonald’s who make erything I can to stop it. way to listen to and help anyone in $25,000, $28,000 a year and who are ‘‘su- There are very simple remedies for need. pervisors’’ and therefore are exempt the problems facing Social Security, I will always be grateful for Linda’s from overtime regulations. So they and we should make a couple of things work in helping me nominate Utah’s may be working 50 or 60 hours a week very clear. Despite a lot of the rhetoric most talented young students to mili- making very little money, yet because that we hear, Social Security is paid tary academies. Military academy they are ‘‘supervisors,’’ they don’t get for by the payroll tax and does not add nominations can be laborious and cum- time and a half. Ending that and rais- to the deficit. So take that issue away. bersome, but Linda always saw can- ing that $23,000 threshold to something The second issue is that Social Secu- didates through the process with a re- like $56,000 would provide a huge pay rity is going broke. Well, the simple markable degree of efficiency and pro- increase for millions and millions of truth is Social Security is not going fessionalism. In doing so, she mentored workers. broke. Social Security has about $2.6 some of Utah’s best and brightest. She We live in a very, very competitive trillion in its trust fund and can pay also built strong ties between our of- global economy, and it makes no sense out about all the benefits owed to all fice, the students, their families, and to me that in that economy we have eligible Americans for the next 19 officials from military academies. large numbers of young people who are years. If we want to make Social Secu- Although Linda has achieved much giving up on the dream of getting a rity solvent—not for 19 years, because I in her professional life, perhaps her good education and going to college or think we have to extend that—if we greatest success has been in the home. graduate school. Others are leaving want to make it solvent for 30 years or Linda has been married to her husband, school deeply in debt. We should learn 40 years and if we want, as I believe we Phil, for over 40 years, and together from many of our competitors who say should, not to cut benefits but to ex- they have three children and seven to their young people: You want to go pand benefits, and if we want to do the grandchildren. She loves her family to college? You can go to college, re- right thing for our parents and our dearly and looks forward to spending gardless of your income because tui- grandchildren, then I think we defeat more time with them in her retire- tion is free. every effort out there to cut Social Se- ment. Her compassion and strength A few months ago, one of the States curity. I think we lift the cap on tax- have shepherded them through some of in Germany was the last State in Ger- able income so that millionaires con- life’s most difficult challenges. many to do away with tuition. What tribute more into the Social Security I am truly grateful for the tremen- one of their political leaders said was: trust fund. I think we have that moral dous service Linda has rendered to my Look. We believe all of our people have obligation to our parents and our staff, her community, and the great the right to go to college, and income grandparents. State of Utah. I will miss Linda great- should not be an impediment. I agree Let me conclude by saying this. I ly, but I know that this next chapter in with that. think the evidence is overwhelming her life holds many exciting and won- We need finally to do what I know is that trickledown economics is a fraud. derful opportunities. I will be forever very, very difficult for many of the It works for the very wealthy; it does grateful for her dedicated service and Members of this body, and that is take not work for working families. The job loyal friendship. on Wall Street. We have a handful of of this Congress is to protect the mid- f huge financial institutions that have dle class and working class, and not assets equivalent to 60 percent of the just billionaire campaign contributors. SUBCOMMITTEE ASSIGNMENTS GDP of the United States of America. With that, I thank the Presiding Offi- They issue half of the mortgages in cer for your indulgence, and I yield the this country and two-thirds of the floor. COMMITTEE ON APPROPRIATIONS credit cards in this country. I believe f Mr. COCHRAN. Mr. President, I ask that is just too big. I fear very much unanimous consent to have printed in TRIBUTE TO LINDA GIBBONS about another too-big-to-fail scenario the RECORD the list of subcommittee where we have to bail them out. Mr. HATCH. Mr. President, I am assignments for the Committee on Ap- As we know, Republicans recently grateful for the opportunity to pay propriations for the 114th Congress. have pushed through language to take tribute to a wonderful staff member There being no objection, the mate- away some of the protections that tax- and dedicated public servant, Linda rial was ordered to be printed in the payers had in Dodd-Frank and once Gibbons. Linda will be retiring this RECORD, as follows: again leave them exposed to bailing week after 22 years of devoted service. SUBCOMMITTEE ASSIGNMENTS out Wall Street when they engage in I know I speak for everyone on my Senator Cochran, as chairman of the Com- dangerous derivative speculation. staff when I say she will be deeply mittee, and Senator Mikulski, as vice chair- Lastly—and this is not just an eco- missed. woman of the Committee, are ex officio nomic issue, although it is; it is a As a member of my constituent serv- members of all subcommittees of which they moral issue—we have millions of senior ices team, Linda helped thousands of are not regular members. citizens and people with disabilities in Utahns who contacted my office seek- AGRICULTURE, RURAL DEVELOPMENT, FOOD AND this country who are struggling with ing assistance. In serving constituents, DRUG ADMINISTRATION, AND RELATED AGENCIES incredible courage every single day to she was always sympathetic to their Senators Moran,1 Blunt, Cochran, McCon- buy the food they need and to buy the needs and worked tirelessly to resolve nell, Collins, Hoeven, Daines, Merkley 2,

VerDate Sep 11 2014 04:00 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JA6.058 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE January 29, 2015 CONGRESSIONAL RECORD — SENATE S649 Feinstein, Tester, Udall, Leahy, Baldwin. (7– committee rules be printed in the Rule 5. After the Chairman and the Rank- 6) RECORD. ing Minority Member, speaking order shall COMMERCE, JUSTICE, SCIENCE, AND RELATED There being no objection, the mate- be based on order of arrival, alternating be- AGENCIES rial was ordered to be printed in the tween Majority and Minority Members, un- less otherwise directed by the Chairman. Senators Shelby 1, Alexander, Murkowski, RECORD, as follows: Rule 6. Any witness who is to appear before Collins, Graham, Kirk, Boozman, Capito, Rules of Procedure 2 the committee in any hearing shall file with Lankford, Mikulski , Leahy, Feinstein, Committee on Rules and Administration Reed, Shaheen, Coons, Baldwin, Murphy. (9– the clerk of the committee at least 3 busi- MEETINGS OF THE COMMITTEE 8) ness days before the date of his or her ap- Rule 1. The regular meeting dates of the pearance, a written statement of his or her DEPARTMENT OF DEFENSE Committee shall be the second and fourth proposed testimony and an executive sum- Senators Cochran 1, McConnell, Shelby, Wednesdays of each month, at 10:00 a.m. in mary thereof, in such form as the chairman Alexander, Collins, Murkowski, Graham, room SR–301, Russell Senate Office Building. may direct, unless the Chairman and the Blunt, Daines, Moran, Durbin 2, Leahy, Fein- Additional meetings of the Committee may Ranking Minority Member waive such re- stein, Mikulski, Murray, Reed, Tester, Udall, be called by the Chairman as he may deem quirement for good cause. Schatz. (10–9) necessary or pursuant to the provision of Rule 7. In general, testimony will be re- ENERGY AND WATER DEVELOPMENT paragraph 3 of rule XXVI of the Standing stricted to 5 minutes for each witness. The Senators Alexander 1, Cochran, McConnell, Rules of the Senate. time may be extended by the Chairman, Shelby, Collins, Murkowski, Graham, Rule 2. Meetings of the committee, includ- upon the Chair’s own direction or at the re- Hoeven, Lankford, Feinstein 2, Murray, ing meetings to conduct hearings, shall be quest of a Member. Each round of questions Tester, Durbin, Udall, Shaheen, Merkley, open to the public, except that a meeting or by Members will also be limited to 5 min- Coons. (9–8) series of meetings by the committee on the utes. same subject for a period of no more than 14 QUORUMS FINANCIAL SERVICES AND GENERAL calendar days may be closed to the public on GOVERNMENT a motion made and seconded to go into Rule 8. Pursuant to paragraph 7(a)(1) of Senators Boozman 1, Moran, Lankford, closed session to discuss only whether the rule XXVI of the Standing Rules, a majority Coons 2, Durbin. (3–2) matters enumerated in subparagraphs (a) of the Members of the committee shall con- DEPARTMENT OF HOMELAND SECURITY through (f) would require the meeting to be stitute a quorum for the reporting of legisla- tive measures. Senators Hoeven 1, Cochran, Shelby, Mur- closed followed immediately by a recorded kowski, Graham, Cassidy, Shaheen 2, Leahy, vote in open session by a majority of the Rule 9. Pursuant to paragraph 7(a)(1) of Murray, Tester, Baldwin. (6–5) Members of the committee when it is deter- rule XXVI of the Standing Rules, one-third mined that the matters to be discussed or of the Members of the committee shall con- DEPARTMENT OF THE INTERIOR, ENVIRONMENT, the testimony to be taken at such meeting stitute a quorum for the transaction of busi- AND RELATED AGENCIES or meetings: ness, including action on amendments to Senators Murkowski 1, Alexander, Cochran, (a) will disclose matters necessary to be measures prior to voting to report the meas- Blunt, Hoeven, McConnell, Daines, Cassidy, kept secret in the interests of national de- ure to the Senate. Uda11 2, Feinstein, Leahy, Reed, Tester, fense or the confidential conduct of the for- Rule 10. Pursuant to paragraph 7(a)(2) of Merkley. (8–6) eign relations of the United States; rule XXVI of the Standing Rules, 2 Members DEPARTMENTS OF LABOR, HEALTH AND HUMAN (b) will relate solely to matters of the com- of the committee shall constitute a quorum SERVICES, AND EDUCATION, AND RELATED mittee staff personnel or internal staff man- for the purpose of taking testimony under AGENCIES agement or procedure; oath and 1 Member of the committee shall (c) will tend to charge an individual with Senators Blunt 1, Moran, Shelby, Cochran, constitute a quorum for the purpose of tak- crime or misconduct, to disgrace or injure ing testimony not under oath; provided, how- Alexander, Graham, Kirk, Cassidy, Capito, the professional standing of an individual, or 2 ever, that in either instance, once a quorum Lankford, Murray , Durbin, Reed, Mikulski, otherwise to expose an individual to public Shaheen, Merkley, Schatz, Baldwin. (10–8) is established, any one Member can continue contempt or obloquy, or will represent a to take such testimony. LEGISLATIVE BRANCH clearly unwarranted invasion of the privacy Rule 11. Under no circumstances may prox- 1 2 of an individual; Senators Capito , Kirk, Moran, Schatz , ies be considered for the establishment of a Murphy. (3–2) (d) will disclose the identity of any in- former or law enforcement agent or will dis- quorum. MILITARY CONSTRUCTION AND VETERANS close any information relating to the inves- VOTING AFFAIRS, AND RELATED AGENCIES tigation or prosecution of a criminal offense Senators Kirk 1, McConnell, Murkowski, Rule 12. Voting in the committee on any that is required to be kept secret in the in- issue will normally be by voice vote. Hoeven, Collins, Boozman, Capito, Cassidy, terests of effective law enforcement; Tester 2, Murray, Reed, Udall, Schatz, Bald- (e) will disclose information relating to the Rule 13. If a third of the Members present win, Murphy. (8–7) trade secrets or financial or commercial in- so demand a roll call vote instead of a voice vote, a record vote will be taken on any STATE, FOREIGN OPERATIONS, AND RELATED formation pertaining specifically to a given question by roll call. PROGRAMS person if: Rule 14. The results of roll call votes taken 1 (1) an Act of Congress requires the infor- Senators Graham , McConnell, Kirk, in any meeting upon any measure, or any Blunt, Boozman, Moran, Lankford, Daines, mation to be kept confidential by Govern- ment officers and employees; or amendment thereto, shall be stated in the Leahy 2, Mikulski, Durbin, Shaheen, Coons, (2) the information has been obtained by committee report on that measure unless Merkley, Murphy. (8–7) the Government on a confidential basis, previously announced by the committee, and TRANSPORTATION, HOUSING AND URBAN other than through an application by such such report or announcement shall include a DEVELOPMENT, AND RELATED AGENCIES person for a specific Government financial or tabulation of the votes cast in favor of and Senators Collins 1, Shelby, Alexander, other benefit, and is required to be kept se- the votes cast in opposition to each such Kirk, Blunt, Boozman, Capito, Cassidy, cret in order to prevent undue injury to the measure and amendment by each Member of Daines, Reed 2, Mikulski, Murray, Durbin, competitive position of such person; or the committee. (Paragraph 7(b) and (c) of Feinstein, Coons, Schatz, Murphy. (9–8) (f) may divulge matters required to be kept rule XXVI of the Standing Rules.) 1 Subcommittee chairman. confidential under the provisions of law or Rule 15. Proxy voting shall be allowed on 2 Ranking minority member. Government regulations. (Paragraph 5(b) of all measures and matters before the com- rule XXVI of the Standing Rules.) mittee. However, the vote of the committee f Rule 3. Written notices of committee meet- to report a measure or matter shall require COMMITTEE ON RULES AND ings will normally be sent by the commit- the concurrence of a majority of the Mem- ADMINISTRATION tee’s staff director to all Members of the bers of the committee who are physically committee at least a week in advance. In ad- present at the time of the vote. Proxies will dition, the committee staff will telephone or be allowed in such cases solely for the pur- e-mail reminders of committee meetings to RULES OF PROCEDURE pose of recording a Member’s position on the all Members of the committee or to the ap- question and then only in those instances Mr. BLUNT. Mr. President, the Com- propriate assistants in their offices. when the absentee committee Member has mittee on Rules and Administration Rule 4. A copy of the committee’s intended been informed of the question and has af- has adopted rules governing its proce- agenda enumerating separate items of legis- firmatively requested that he be recorded. dures for the 114th Congress. Pursuant lative business and committee business will (Paragraph 7(a) (3) of rule XXVI of the normally be sent to all Members of the com- Standing Rules.) to rule XXVI, paragraph 2, of the mittee and released to the public at least 1 Standing Rules of the Senate, on behalf day in advance of all meetings. This does not AMENDMENTS of myself and Senator SCHUMER, I ask preclude any Member of the committee from Rule 16. Provided at least five business unanimous consent that a copy of the discussing appropriate non-agenda topics. days’ notice of the agenda is given, and the

VerDate Sep 11 2014 04:00 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JA6.054 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE S650 CONGRESSIONAL RECORD — SENATE January 29, 2015 text of the proposed bill or resolution has staff of the Committee: 45. (In addition, one ness representative, quickly becoming been made available at least five business alleged violation from the previous year was secretary-treasurer after only 2 years. days in advance, it shall not be in order for carried into 2014.) In this role, Brother Bob negotiated the Committee to consider any amendment (2) The number of alleged violations that some of the best union contracts in the in the first degree proposed to any measure were dismissed— under consideration by the Committee un- (A) For lack of subject matter jurisdiction Nation, providing his members with less such amendment has been delivered to or in which, even if the allegations in the outstanding wages and benefits. A fear- the office of the Committee and circulated complaint are true, no violation of Senate less advocate for California workers, via e-mail to each of the offices by at least rules would exist: 27. Bob held several positions within the 5:00 p.m. the day prior to the scheduled start (B) Because they failed to provide suffi- Teamsters, serving as the first and of the meeting. cient facts as to any material violation of only director of the union’s Solid Rule 17. In the event the Chairman intro- the Senate rules beyond mere allegation or Waste, Recycling and Related Indus- assertion: 17. duces a substitute amendment or a Chair- tries Division, secretary-treasurer of man’s mark, the requirements set forth in (3) The number of alleged violations for Rule 16 shall be considered waived unless which the Committee staff conducted a pre- Teamsters Joint Council 7, and Chair- such substitute amendment or Chairman’s liminary inquiry: 2. (This figure includes 1 man of both the California and Na- mark has been made available at least five matter from the previous calendar year car- tional Teamsters Hispanic Caucuses. business days in advance of the scheduled ried into 2014.) As a testament of his successful leader- meeting. (4) The number of alleged violations for ship, Bob’s colleagues named him a Rule 18. It shall be in order, without prior which the Committee staff conducted a pre- trustee to the Western Conference of notice, for a Member to offer a motion to liminary inquiry that resulted in an adju- Teamsters Pension Trust—the largest strike a single section of any bill, resolution, dicatory review: 0. or amendment under consideration. (5) The number of alleged violations for labor pension fund in the western Rule 19. This section of the rule may be which the Committee staff conducted a pre- United States. In 1992, Bob was honored waived by agreement of the Chairman and liminary inquiry and the Committee dis- as Labor’s Man of the Year in San the Ranking Minority Member. missed the matter for lack of substantial Francisco. DELEGATION OF AUTHORITY TO COMMITTEE merit: 0. Beyond his tireless work in the labor CHAIRMAN (6) The number of alleged violations for movement, Bob was involved with nu- which the Committee staff conducted a pre- Rule 20. The Chairman is authorized to merous charitable organizations, in- liminary inquiry and the Committee issued cluding the United Way of California, sign himself or by delegation all necessary private or public letters of admonition: 0. vouchers and routine papers for which the (7) The number of matters resulting in a the Martin Luther King Jr. Society of committee’s approval is required and to de- disciplinary sanction: 0. San Francisco, the A. Philip Randolph cide in the committee’s behalf all routine (8) Any other information deemed by the Institute, the Hispanic Foundation, business. Committee to be appropriate to describe its and the San Francisco Senior Centers. Rule 21. The Chairman is authorized to en- activities in the previous year: On behalf of the people of California gage commercial reporters for the prepara- In 2014, the Committee staff conducted two tion of transcripts of committee meetings who Bob so diligently served, I send my new Member and staff ethics training ses- deepest condolences to his wife Maria, and hearings. sions; 16 Member and committee office cam- Rule 22. The Chairman is authorized to paign briefings; 13 employee code of conduct son David, their extended family, and issue, on behalf of the committee, regula- training sessions; five public financial disclo- Bob’s many friends, colleagues, and ad- tions normally promulgated by the com- sure clinics, seminars, and webinars; 34 eth- mirers.∑ mittee at the beginning of each session. ics seminars and customized briefings for f DELEGATION OF AUTHORITY TO COMMITTEE Member DC offices, state offices, and Senate CHAIRMAN AND RANKING MINORITY MEMBER committees; one private sector ethics brief- RECOGNIZING THE IMPORTANCE Rule 23. The Chairman and Ranking Minor- ings; and 12 international briefings. OF SCHOOL CHOICE ity Member, acting jointly, are authorized to In 2014, the Committee staff handled ap- ∑ Mr. BOOZMAN. Mr. President, the approve on behalf of the committee any rule proximately 9,648 telephone inquiries and Senate passed a resolution that I was or regulation for which the committee’s ap- 1,510 inquiries by email for ethics advice and proud to cosponsor recognizing this proval is required, provided advance notice guidance. of their intention to do so is given to Mem- In 2014, the Committee wrote approxi- week as National School Choice Week. bers of the committee. mately 925 ethics advisory letters and re- As a former school board member, I understand that State and local gov- f sponses including, but not limited to, 756 travel and gifts matters (Senate Rule 35) and ernments are best equipped to make SELECT COMMITTEE ON ETHICS 99 conflict of interest matters (Senate Rule education decisions for their commu- ANNUAL REPORT FOR 2014 37). nities—not Washington. Students and In 2014, the Committee issued 3,354 letters Mr. ISAKSON. Mr. President, I ask parents deserve to choose the edu- concerning financial disclosure filings by cation that meets their needs. I am unanimous consent, for myself as Senators, Senate staff and Senate candidates chairman of the Select Committee on and reviewed 1,650 reports. committed to empowering parents with the ability to choose the best edu- Ethics and for Senator BOXER as vice f chairman of the committee, that the cation options for their children. following ‘‘Annual Report for 2014–Se- ADDITIONAL STATEMENTS I asked Arkansans to share with me lect Committee on Ethics’’ be printed why school choice is important to them. Crystal Holland of Beebe wrote in the RECORD. The committee issues REMEMBERING BOB MORALES this report today as required by the to me about her son, Hunter, who has Honest Leadership and Open Govern- ∑ Mrs. BOXER. Mr. President, today I high-functioning autism. She wrote ment Act of 2007. ask my colleagues to join me in hon- that he was misdiagnosed with ADHD There being no objection, the mate- oring the life and work of Teamsters when he was 4 years old and diagnosed rial was ordered to be printed in the Local 350 Secretary-Treasurer Bob Mo- with autism when he was 11 years old. RECORD, as follows: rales, who died in South San Francisco ‘‘He missed out on some very impor- Annual Report of the Select Committee on on January 26 at the age of 71. Bob was tant critical skills because of all the Ethics a great labor leader and a dear personal discipline problems he was having due The Honest Leadership and Open Govern- friend, and I will miss him terribly. to anxiety,’’ Holland wrote. ‘‘School ment Act of 2007 (the ‘‘Act’’) calls for the Se- Born in El Salvador in 1943, Bob came choice allows me to homeschool him as lect Committee on Ethics of the United to the United States with his family as a result and I am very thankful for the States Senate to issue an annual report not a teenager. After completing his edu- opportunity.’’ later than January 31st of each year pro- cation in San Francisco, he served in Bob and Mary Anne Fielder of Hot viding information in certain categories de- the United States Army for 2 years, Springs included competition in their scribing its activities for the preceding year. reaching the rank of Sergeant Fifth email to me. ‘‘Competition is always Reported below is the information describing Class. good. You would see a much improved the Committee’s activities in 2014 in the cat- egories set forth in the Act: Bob began his extraordinary career public school system,’’ they wrote. (1) The number of alleged violations of with the Metal Polishers and Platers I agree with the Fielders. Competi- Senate rules received from any source, in- Union of the AFL–CIO. He joined the tion among schools improves the cluding the number raised by a Senator or Teamsters Local 350 in 1973 as a busi- standards for everybody. This Congress

VerDate Sep 11 2014 04:00 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JA6.056 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE January 29, 2015 CONGRESSIONAL RECORD — SENATE S651 we will take important steps to im- to law, the report of a rule entitled ‘‘Animal EC–468. A communication from the Assist- prove education nationwide by fixing Welfare; Retail Pet Stores and Licensing Ex- ant Legal Adviser for Treaty Affairs, Depart- No Child Left Behind. This is a key ve- emptions; Technical Amendment’’ ((RIN0579– ment of State, transmitting, pursuant to the hicle to providing flexibility to States AD57) (Docket No. APHIS–2011–0003)) re- Case-Zablocki Act, 1 U.S.C. 112b, as amended, ceived in the Office of the President of the the report of the texts and background state- and to families so they can make the Senate on January 27, 2015; to the Com- ments of international agreements, other choices about education opportunities mittee on Agriculture, Nutrition, and For- than treaties (List 2015–0001—2015–0003); to for their children. estry. the Committee on Foreign Relations. This week I skyped with students at EC–460. A communication from the Direc- EC–469. A communication from the Direc- public charter schools across Arkansas. tor of Defense Procurement and Acquisition tor of the Regulatory Management Division, The students said having educational Policy, Department of Defense, transmit- Environmental Protection Agency, transmit- options was important to them because ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- titled ‘‘Defense Federal Acquisition Regula- titled ‘‘Sulfoxaflor; Pesticide Tolerances for it allows them to be better prepared for tion Supplement: Electronic Submission of Emergency Exemptions’’ (FRL No. 9920–45) their interests beyond high school Technical Reports’’ ((RIN0750–AI25) (DFARS received during adjournment of the Senate graduation. Case 2014–D001)) received in the Office of the in the Office of the President of the Senate I am proud to support National President of the Senate on January 26, 2015; on January 23, 2015; to the Committee on Ag- School Choice Week and the out- to the Committee on Armed Services. riculture, Nutrition, and Forestry. standing educational choices that Ar- EC–461. A communication from the Direc- EC–470. A communication from the Direc- kansas offers. When it comes to edu- tor of Defense Procurement and Acquisition tor of the Regulatory Management Division, Policy, Department of Defense, transmit- Environmental Protection Agency, transmit- cation, it is important that we get the ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- job done right. Allowing the freedom to titled ‘‘Defense Federal Acquisition Regula- titled ‘‘Protection of Stratospheric Ozone: choose between educational options for tion Supplement: Defense Contractors Per- Extension of the Laboratory and Analytical children is one way we can help parents forming Private Security Functions’’ Use Exemption for Essential Class I Ozone- make the best decision for their chil- ((RIN0750–AI31) (DFARS Case 2014–D008)) re- Depleting Substances’’ ((RIN2060–AS38) (FRL dren’s futures.∑ ceived in the Office of the President of the No. 9921–52–OAR)) received during adjourn- Senate on January 26, 2015; to the Committee ment of the Senate in the Office of the Presi- f on Armed Services. dent of the Senate on January 23, 2015; to the EC–462. A communication from the Direc- MESSAGES FROM THE PRESIDENT Committee on Environment and Public tor of Defense Procurement and Acquisition Works. Messages from the President of the Policy, Department of Defense, transmit- EC–471. A communication from the Direc- United States were communicated to ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, the Senate by Mr. Pate, one of his sec- titled ‘‘Defense Federal Acquisition Regula- Environmental Protection Agency, transmit- retaries. tion Supplement: Updated Descriptions of ting, pursuant to law, the report of a rule en- Product Service Groups Subject to Trade titled ‘‘Promulgation of State Implementa- f Agreements’’ ((RIN0750–AI49) (DFARS Case tion Plan Revisions; Infrastructure Require- 2015–D004)) received in the Office of the ments for the 1997 and 2006 PM2.5, 2008 Lead, EXECUTIVE MESSAGES REFERRED President of the Senate on January 26, 2015; 2008 Ozone, and 2010 NO2 National Ambient As in executive session the Presiding to the Committee on Armed Services. Air Quality Standards; South Dakota’’ (FRL Officer laid before the Senate messages EC–463. A communication from the Direc- No. 9922–04-Region 8) received during ad- from the President of the United tor of Defense Procurement and Acquisition journment of the Senate in the Office of the Policy, Department of Defense, transmit- President of the Senate on January 23, 2015; States submitting sundry nominations ting, pursuant to law, the report of a rule en- to the Committee on Environment and Pub- which were referred to the appropriate titled ‘‘Defense Federal Acquisition Regula- lic Works. committees. tion Supplement: Further Implementation of EC–472. A communication from the Direc- (The messages received today are Trafficking in Persons Policy’’ ((RIN0750– tor of the Regulatory Management Division, printed at the end of the Senate pro- AH93) (DFARS Case 2013–D007)) received in Environmental Protection Agency, transmit- ceedings.) the Office of the President of the Senate on ting, pursuant to law, the report of a rule en- January 26, 2015; to the Committee on Armed titled ‘‘Partial Exemption of Certain Chem- f Services. ical Substances from Reporting Additional EC–464. A communication from the Under Chemical Data’’ ((RIN2070–AK01) (FRL No. MESSAGE FROM THE HOUSE Secretary for Industry and Security, Depart- 9921–56)) received during adjournment of the At 11:09 a.m., a message from the ment of Commerce, transmitting, pursuant Senate in the Office of the President of the House of Representatives, delivered by to law, a Foreign Policy Report on the impo- Senate on January 23, 2015; to the Com- Mrs. Cole, one of its reading clerks, an- sition of a license requirement on exports, mittee on Environment and Public Works. EC–473. A communication from the Direc- nounced that the House has passed the reexports, and transfers (in-country) to the Crimea region of Ukraine; to the Committee tor of the Regulatory Management Division, following bill, in which it requests the on Banking, Housing, and Urban Affairs. Environmental Protection Agency, transmit- concurrence of the Senate: EC–465. A communication from the Assist- ting, pursuant to law, the report of a rule en- H.R. 351. An act to provide for expedited ant Secretary for Export Administration, titled ‘‘New Source Performance Standards approval of exportation of natural gas, and Bureau of Industry and Security, Depart- and National Emission Standards for Haz- for other purposes. ment of Commerce, transmitting, pursuant ardous Air Pollutants; Delegation of Author- to law, the report of a rule entitled ‘‘Cuba: ity to New Mexico’’ (FRL No. 9921–77-Region f Providing Support for the Cuban People’’ 6) received during adjournment of the Senate MEASURES REFERRED (RIN0694–AG42) received in the Office of the in the Office of the President of the Senate President of the Senate on January 22, 2015; on January 23, 2015; to the Committee on En- The following bill was read the first to the Committee on Banking, Housing, and vironment and Public Works. and the second times by unanimous Urban Affairs. EC–474. A communication from the Direc- consent, and referred as indicated: EC–466. A communication from the Chair- tor of the Regulatory Management Division, H.R. 351. An act to provide for expedited man of the Federal Energy Regulatory Com- Environmental Protection Agency, transmit- approval of exportation of natural gas, and mission, transmitting, pursuant to law, a re- ting, pursuant to law, the report of a rule en- for other purposes; to the Committee on En- port entitled ‘‘Assessment of Demand Re- titled ‘‘Approval and Promulgation of Imple- ergy and Natural Resources. sponse and Advanced Metering’’; to the Com- mentation Plans; State of California; Sac- mittee on Energy and Natural Resources. ramento Metro Area; Attainment Plan for f EC–467. A communication from the Deputy 1997 8-Hour Ozone Standard’’ (FRL No. 9921– Assistant Administrator for Regulatory Pro- 99-Region 9) received during adjournment of EXECUTIVE AND OTHER grams, Office of Sustainable Fisheries, De- the Senate in the Office of the President of COMMUNICATIONS partment of Commerce, transmitting, pursu- the Senate on January 23, 2015; to the Com- The following communications were ant to law, the report of a rule entitled ‘‘En- mittee on Environment and Public Works. laid before the Senate, together with dangered and Threatened Wildlife and EC–475. A communication from the Direc- Plants; Final Rule to Revise the Code of Fed- tor of the Regulatory Management Division, accompanying papers, reports, and doc- eral Regulations for Species Under the Juris- Environmental Protection Agency, transmit- uments, and were referred as indicated: diction of the National Marine Fisheries ting, pursuant to law, the report of a rule en- EC–459. A communication from the Acting Service; Correction’’ (RIN0648–XC659) re- titled ‘‘Approval and Promulgation of Air Congressional Review Coordinator, Animal ceived in the Office of the President of the Quality Implementation Plans; Montana; Re- and Plant Health Inspection Service, Depart- Senate on January 22, 2015; to the Com- visions to Administrative Rules of Montana ment of Agriculture, transmitting, pursuant mittee on Environment and Public Works. - Prevention of Significant Deterioration’’

VerDate Sep 11 2014 01:33 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JA6.035 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE S652 CONGRESSIONAL RECORD — SENATE January 29, 2015 (FRL No. 9919–42-Region 8) received during Daisy, Arkansas; Alamo, Georgia; Grayville, EC–493. A communication from the Attor- adjournment of the Senate in the Office of Illinois; Clayton, Louisiana; Harrison, Michi- ney-Advisor, U.S. Coast Guard, Department the President of the Senate on January 23, gan; Alton, Missouri; Ennis, Montana; Buf- of Homeland Security, transmitting, pursu- 2015; to the Committee on Environment and falo, Erick, Haworth, Leedey, Reydon, ant to law, the report of a rule entitled ‘‘Se- Public Works. Taloga, Thomas, and Wright City, Okla- curity Zone: John Joseph Moakley United EC–476. A communication from the Assist- homa; Weinert, Texas; Boscobel, Owen, and States Courthouse; Boston, MA’’ ((RIN1625– ant Secretary, Legislative Affairs, Depart- Tigerton, Wisconsin)’’ ((MB Docket No. 11– AA87) (Docket No. USCG–2014–1055)) received ment of State, transmitting, pursuant to 147) (DA 12–513)) received during adjourn- in the Office of the President of the Senate law, a report relative to section 36(c) of the ment of the Senate in the Office of the Presi- on January 22, 2015; to the Committee on Arms Export Control Act (DDTC 14–137); to dent of the Senate on January 23, 2015; to the Commerce, Science, and Transportation. the Committee on Foreign Relations. Committee on Commerce, Science, and EC–494. A communication from the Attor- EC–477. A communication from the Assist- Transportation. ney-Advisor, U.S. Coast Guard, Department ant Secretary, Legislative Affairs, Depart- EC–486. A communication from the Chief of of Homeland Security, transmitting, pursu- ment of State, transmitting, pursuant to Staff, Media Bureau, Federal Communica- ant to law, the report of a rule entitled law, a report relative to section 36(c) of the tions Commission, transmitting, pursuant to ‘‘Safety Zone: SFOBB Demolition Safety Arms Export Control Act (DDTC 14–127); to law, the report of a rule entitled ‘‘Amend- Zone, San Francisco, CA’’ ((RIN1625–AA00) the Committee on Foreign Relations. ment of Section 73.202(b), Table of Allot- (Docket No. USCG–2013–0654)) received in the EC–478. A communication from the Assist- ments, FM Broadcast Stations. (Silverton, Office of the President of the Senate on Jan- ant Secretary, Legislative Affairs, Depart- Texas)’’ ((MB Docket No. 14–156) (DA 15–9)) uary 22, 2015; to the Committee on Com- ment of State, transmitting, pursuant to received during adjournment of the Senate merce, Science, and Transportation. law, a report relative to section 36(c) of the in the Office of the President of the Senate EC–495. A communication from the Attor- Arms Export Control Act (DDTC 14–106); to on January 23, 2015; to the Committee on ney-Advisor, U.S. Coast Guard, Department the Committee on Foreign Relations. Commerce, Science, and Transportation. of Homeland Security, transmitting, pursu- EC–479. A communication from the Deputy EC–487. A communication from the Attor- ant to law, the report of a rule entitled ‘‘Spe- Director, Centers for Disease Control and ney-Advisor, U.S. Coast Guard, Department cial Local Regulation; Clearwater Super Prevention, Department of Health and of Homeland Security, transmitting, pursu- Boat National Championship; Gulf of Mex- Human Services, transmitting, pursuant to ant to law, the report of a rule entitled ico, Clearwater, FL’’ ((RIN1625–AA08) (Dock- law, the report of a rule entitled ‘‘Respirator ‘‘Drawbridge Operation Regulation; Thames et No. USCG–2014–0657)) received in the Office Certification Fees’’ (RIN0920–AA42) received River, New London, CT’’ ((RIN1625–AA09) of the President of the Senate on January 22, during adjournment of the Senate in the Of- (Docket No. USCG–2013–0983)) received in the 2015; to the Committee on Commerce, fice of the President of the Senate on Janu- Office of the President of the Senate on Jan- Science, and Transportation. ary 23, 2015; to the Committee on Health, uary 22, 2015; to the Committee on Com- EC–496. A communication from the Attor- Education, Labor, and Pensions. merce, Science, and Transportation. ney-Advisor, U.S. Coast Guard, Department EC–480. A communication from the Asso- EC–488. A communication from the Attor- of Homeland Security, transmitting, pursu- ciate General Counsel for General Law, De- ney-Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled ‘‘An- partment of Homeland Security, transmit- of Homeland Security, transmitting, pursu- chorage Regulations; Port of New York’’ ting, pursuant to law, a report relative to a ant to law, the report of a rule entitled ((RIN1625–AA01) (Docket No. USCG–2013– vacancy in the position of Deputy Adminis- ‘‘Regulated Navigation Area; Sarah Mildred 0018)) received in the Office of the President trator, Federal Emergency Management Long Bridge Replacement, Portsmouth, NH’’ of the Senate on January 22, 2015; to the Agency, Department of Homeland Security, ((RIN1625–AA11) (Docket No. USCG–2014– Committee on Commerce, Science, and received in the Office of the President of the 0554)) received in the Office of the President Transportation. Senate on January 22, 2015; to the Com- of the Senate on January 22, 2015; to the EC–497. A communication from the Deputy mittee on Homeland Security and Govern- Committee on Commerce, Science, and Assistant Administrator, Office of Sustain- mental Affairs. Transportation. able Fisheries, Department of Commerce, EC–481. A communication from the Deputy EC–489. A communication from the Attor- transmitting, pursuant to law, the report of Assistant Administrator of the Office of Di- ney-Advisor, U.S. Coast Guard, Department a rule entitled ‘‘Magnuson-Stevens Fishery version Control, Drug Enforcement Agency, of Homeland Security, transmitting, pursu- Conservation and Management Act Provi- Department of Justice, transmitting, pursu- ant to law, the report of a rule entitled sions; Fisheries of the Northeastern United ant to law, the report of a rule entitled ‘‘Regulated Navigation Areas and Limited States; Northeast Groundfish Fishery; Fish- ‘‘Schedules of Controlled Substances: Re- Access Areas; Waterway Management of ing Year 2014; Interim Gulf of Maine Cod moval of Naloxegol from Control’’ (Docket Apra Harbor, Guam’’ ((RIN1625–AA00; Management Measures; Correction’’ No. DEA–400) received in the Office of the RIN1625–AA11; and RIN1625–AA87) (Docket (RIN0648–BE56) received in the Office of the President of the Senate on January 27, 2015; No. USCG–2013–0935)) received in the Office of President of the Senate on January 22, 2015; to the Committee on the Judiciary. the President of the Senate on January 22, to the Committee on Commerce, Science, EC–482. A communication from the Rules 2015; to the Committee on Commerce, and Transportation. Administrator, Federal Bureau of Prisons, Science, and Transportation. EC–498. A communication from the Attor- Department of Justice, transmitting, pursu- EC–490. A communication from the Attor- ney-Advisor, Federal Transit Administra- ant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department tion, Department of Transportation, trans- ‘‘Smoking/No Smoking Areas’’ (RIN1120– of Homeland Security, transmitting, pursu- mitting, pursuant to law, a report relative to AB42) received in the Office of the President ant to law, the report of a rule entitled a vacancy in the position of Administrator, of the Senate on January 22, 2015; to the ‘‘Safety Zone: Eastport Breakwater Ter- Federal Transit Administration, Department Committee on the Judiciary. minal, Eastport, Maine’’ ((RIN1625–AA00) of Transportation, received in the Office of EC–483. A communication from the Direc- (Docket No. USCG–2014–1037)) received in the the President of the Senate on January 22, tor, Bureau of Economic Analysis, Depart- Office of the President of the Senate on Jan- 2015; to the Committee on Commerce, ment of Commerce, transmitting, pursuant uary 22, 2015; to the Committee on Com- Science, and Transportation. to law, the report of a rule entitled ‘‘Direct merce, Science, and Transportation. Investment Surveys: BE–10, Benchmark Sur- EC–491. A communication from the Attor- f vey of U.S. Direct Investment Abroad’’ ney-Advisor, U.S. Coast Guard, Department (RIN0691–AA83) received in the Office of the of Homeland Security, transmitting, pursu- PETITIONS AND MEMORIALS President of the Senate on January 26, 2015; ant to law, the report of a rule entitled The following petition or memorial to the Committee on Commerce, Science, ‘‘Safety Zone: Blue Water Resort and Casino was laid before the Senate and was re- and Transportation. Southwest Showdown 4; Parker, AZ’’ ferred or ordered to lie on the table as EC–484. A communication from the Chief of ((RIN1625–AA00) (Docket No. USCG–2014– Staff, Media Bureau, Federal Communica- 0990)) received in the Office of the President indicated: tions Commission, transmitting, pursuant to of the Senate on January 22, 2015; to the POM–2. A communication from a citizen of law, the report of a rule entitled ‘‘Amend- Committee on Commerce, Science, and the State of Illinois memorializing the State ment of Section 76.1506 of the Commission’s Transportation. of Illinois’s petition to the United States Rules’’ (DA 14–1892) received during adjourn- EC–492. A communication from the Attor- Congress calling for a constitutional conven- ment of the Senate in the Office of the Presi- ney-Advisor, U.S. Coast Guard, Department tion for the purpose of proposing amend- dent of the Senate on January 23, 2015; to the of Homeland Security, transmitting, pursu- ments; to the Committee on the Judiciary. ant to law, the report of a rule entitled ‘‘Se- Committee on Commerce, Science, and f Transportation. curity Zones: Dignitary Arrival/Departure EC–485. A communication from the Chief of and United Nations Meetings, New York, REPORTS OF COMMITTEES Staff, Media Bureau, Federal Communica- NY’’ ((RIN1625–AA87) (Docket No. USCG– tions Commission, transmitting, pursuant to 2013–1009)) received in the Office of the Presi- The following reports of committees law, the report of a rule entitled ‘‘Amend- dent of the Senate on January 22, 2015; to the were submitted: ment of Section 73.202(b), Table of Allot- Committee on Commerce, Science, and By Mr. MCCAIN, from the Committee on ments, FM Broadcast Stations. (Cove and Transportation. Armed Services, without amendment:

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S. Res. 53. An original resolution author- PORTMAN, Mr. ROBERTS, Mr. RUBIO, S. 317. A bill to improve early education; to izing expenditures by the Committee on Mr. SCOTT, Mr. THUNE, Mr. TOOMEY, the Committee on Health, Education, Labor, Armed Services. Mr. VITTER, Mr. WICKER, and Mr. and Pensions. By Mr. BLUNT, from the Committee on RISCH): By Ms. MIKULSKI (for herself and Mr. Rules and Administration, without amend- S. 305. A bill to protect American job cre- CARDIN): ment: ation by striking the Federal mandate on S. 318. A bill to prioritize funding for the S. Res. 54. An original resolution author- employers to offer health insurance; to the National Institutes of Health to discover izing expenditures by the Committee on Committee on Finance. treatments and cures, to maintain global Rules and Administration. By Mr. LEE (for himself, Mr. CRUZ, and leadership in medical innovation, and to re- By Mr. BURR, from the Select Committee Mr. CRAPO): store the purchasing power the NIH had after on Intelligence, without amendment: S. 306. A bill to amend the Internal Rev- the historic doubling campaign that ended in S. Res. 55. An original resolution author- enue Code of 1986 to encourage the use of 529 fiscal year 2003; to the Committee on the izing expenditures by the Select Committee plans and Coverdell education savings ac- Budget. on Intelligence. counts, and for other purposes; to the Com- By Ms. MURKOWSKI (for herself and By Mr. ENZI, from the Committee on the mittee on Finance. Mr. SULLIVAN): Budget, without amendment: By Mr. MENENDEZ: S. 319. A bill to designate a mountain in S. Res. 57. An original resolution author- S. 307. A bill to amend title III of the Pub- the State of Alaska as Mount Denali; to the izing expenditures by the Committee on the lic Health Service Act to provide for the es- Committee on Energy and Natural Re- Budget. tablishment and implementation of guide- sources. lines on best practices for diagnosis, treat- By Ms. WARREN (for herself, Mr. f ment, and management of mild traumatic CARDIN, Mr. BROWN, and Ms. BALD- INTRODUCTION OF BILLS AND brain injuries (MTBIs) in school-aged chil- WIN): dren, and for other purposes; to the Com- S. 320. A bill to authorize the collection of JOINT RESOLUTIONS mittee on Health, Education, Labor, and supplemental payments to increase congres- The following bills and joint resolu- Pensions. sional investments in medical research, and tions were introduced, read the first By Mrs. BOXER (for herself, Ms. MUR- for other purposes; to the Committee on and second times by unanimous con- KOWSKI, Mr. MANCHIN, and Mrs. CAP- Health, Education, Labor, and Pensions. ITO): By Mr. LANKFORD: sent, and referred as indicated: S. 308. A bill to reauthorize 21st century S. 321. A bill to revoke the charter of incor- By Mr. FLAKE (for himself, Mr. community learning centers , and for other poration of the Miami Tribe of Oklahoma at LEAHY, Mr. MORAN, Mr. DURBIN, Mr. purposes; to the Committee on Health, Edu- the request of that tribe, and for other pur- ENZI, Mr. UDALL, Mr. BOOZMAN, Mr. cation, Labor, and Pensions. poses; to the Committee on Indian Affairs. WHITEHOUSE, and Mr. CARPER): By Mr. TOOMEY (for himself, Mrs. By Ms. AYOTTE (for herself, Mrs. SHA- S. 299. A bill to allow travel between the MCCASKILL, Mr. RUBIO, Mr. PORTMAN, HEEN, Mr. BLUNT, and Mr. COONS): United States and Cuba; to the Committee Mr. JOHNSON, Mr. FLAKE, Ms. S. 322. A bill to amend the Internal Rev- on Foreign Relations. AYOTTE, and Mr. LEE): enue Code of 1986 to exclude certain com- By Mr. PAUL (for himself, Mr. WYDEN, S. 309. A bill to prohibit earmarks; to the pensation received by public safety officers and Mr. CRUZ): Committee on Rules and Administration. and their dependents from gross income; to S. 300. A bill to provide for auditable finan- By Mr. CASSIDY (for himself and Mrs. the Committee on Finance. cial statements for the Department of De- FISCHER): By Mrs. SHAHEEN: fense, and for other purposes; to the Com- S. 310. A bill to prohibit the use of Federal S. 323. A bill to prohibit the use of Federal mittee on Armed Services. funds for the costs of painting portraits of funds for the costs of official portraits of By Mrs. FISCHER: officers and employees of the Federal Gov- Members of Congress, heads of executive S. 301. A bill to require the Secretary of ernment; to the Committee on Homeland Se- agencies, and heads of agencies and offices of the Treasury to mint coins in commemora- curity and Governmental Affairs. the legislative branch; to the Committee on tion of the centennial of Boys Town, and for By Mr. CASEY (for himself and Mr. Homeland Security and Governmental Af- other purposes; to the Committee on Bank- KIRK): fairs. ing, Housing, and Urban Affairs. S. 311. A bill to amend the Elementary and f By Mr. MARKEY (for himself, Mrs. Secondary Education Act of 1965 to address SHAHEEN, Mrs. MURRAY, Ms. WARREN, and take action to prevent bullying and har- SUBMISSION OF CONCURRENT AND Mr. DURBIN, Mr. MERKLEY, Mr. assment of students; to the Committee on SENATE RESOLUTIONS CARDIN, Mr. COONS, Mr. FRANKEN, Ms. Health, Education, Labor, and Pensions. The following concurrent resolutions By Mr. REED (for himself, Mr. COCH- MIKULSKI, Ms. BALDWIN, Mr. WHITE- and Senate resolutions were read, and HOUSE, Mrs. GILLIBRAND, Mr. SAND- RAN, and Mr. WHITEHOUSE): S. 312. A bill to amend the Elementary and referred (or acted upon), as indicated: ERS, Mr. LEAHY, Mr. WYDEN, Mr. Secondary Education Act of 1965 regarding C SCHUMER, Mr. BROWN, Mrs. BOXER, By Mr. M CAIN: school libraries, and for other purposes; to S. Res. 53. An original resolution author- Mrs. FEINSTEIN, Mr. BOOKER, Ms. the Committee on Health, Education, Labor, izing expenditures by the Committee on CANTWELL, Mr. MURPHY, Ms. HIRONO, and Pensions. Armed Services; from the Committee on Mr. CASEY, Mr. SCHATZ, and Mr. By Mr. GRASSLEY (for himself, Mr. Armed Services; to the Committee on Rules BLUMENTHAL): ASEY, Mr. MORAN, and Mr. BLUNT): and Administration. S. 302. A bill to establish in the Bureau of C S. 313. A bill to amend title XVIII of the By Mr. BLUNT: Democracy, Human Rights, and Labor of the Social Security Act to add physical thera- S. Res. 54. An original resolution author- Department of State a Special Envoy for the pists to the list of providers allowed to uti- izing expenditures by the Committee on Human Rights of LGBT Peoples; to the Com- lize locum tenens arrangements under Medi- Rules and Administration; from the Com- mittee on Foreign Relations. care; to the Committee on Finance. mittee on Rules and Administration; placed By Mr. ROBERTS: By Mr. GRASSLEY (for himself, Mr. on the calendar. S. 303. A bill to amend title 5, United CASEY, Mr. KIRK, and Mr. BROWN): By Mr. BURR: States Code, to provide that individuals hav- S. 314. A bill to amend title XVIII of the S. Res. 55. A resolution authorizing ex- ing seriously delinquent tax debts shall be Social Security Act to provide for coverage penditures by the Select Committee on In- ineligible for Federal employment; to the under the Medicare program of pharmacist telligence; from the Select Committee on In- Committee on Homeland Security and Gov- services; to the Committee on Finance. telligence; to the Committee on Rules and ernmental Affairs. By Mr. HELLER (for himself and Ms. Administration. By Mr. THUNE (for himself, Mr. NEL- KLOBUCHAR): By Ms. BALDWIN (for herself and Ms. SON, Mr. HELLER, Mrs. MCCASKILL, S. 315. A bill to amend the Internal Rev- WARREN): Ms. KLOBUCHAR, Ms. AYOTTE, Mr. enue Code of 1986 to allow a credit against S. Res. 56. A resolution designating Janu- MORAN, and Mr. BLUMENTHAL): income tax for the purchase of hearing aids; ary 2015 as ‘‘National Blood Donor Month’’; S. 304. A bill to improve motor vehicle to the Committee on Finance. to the Committee on the Judiciary. safety by encouraging the sharing of certain By Mr. KIRK (for himself, Mr. BENNET, By Mr. ENZI: information; to the Committee on Com- Mr. ALEXANDER, and Mrs. FEINSTEIN): S. Res. 57. A resolution authorizing ex- merce, Science, and Transportation. S. 316. A bill to amend the charter school penditures by the Committee on the Budget; By Mr. HATCH (for himself, Mr. ALEX- program under the Elementary and Sec- from the Committee on the Budget; to the ANDER, Ms. AYOTTE, Mr. BARRASSO, ondary Education Act of 1965; to the Com- Committee on Rules and Administration. Mr. BLUNT, Mr. BURR, Mrs. CAPITO, mittee on Health, Education, Labor, and By Mr. ISAKSON (for himself, Mr. Mr. COATS, Mr. COCHRAN, Ms. COL- Pensions. WHITEHOUSE, Mrs. CAPITO, and Mr. LINS, Mr. CORNYN, Mr. CRAPO, Mrs. By Ms. HIRONO (for herself, Ms. BALD- BROWN): FISCHER, Mr. FLAKE, Mr. GARDNER, WIN, Mr. BROWN, Mr. DURBIN, Mrs. S. Res. 58. A resolution recognizing Janu- Mr. GRASSLEY, Mr. INHOFE, Mr. ISAK- GILLIBRAND, Mr. KAINE, Mr. SCHATZ, ary 2015 as ‘‘National Mentoring Month’’; SON, Mr. KIRK, Mr. MORAN, Mr. Mr. UDALL, and Mr. WYDEN): considered and agreed to.

VerDate Sep 11 2014 02:41 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JA6.025 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE S654 CONGRESSIONAL RECORD — SENATE January 29, 2015 ADDITIONAL COSPONSORS rity Act with respect to physician su- COONS, Mr. FRANKEN, Ms. MI- S. 165 pervision of therapeutic hospital out- KULSKI, Ms. BALDWIN, Mr. patient services. WHITEHOUSE, Mrs. GILLIBRAND, At the request of Ms. AYOTTE, the names of the Senator from Mississippi S. 265 Mr. SANDERS, Mr. LEAHY, Mr. WYDEN, Mr. SCHUMER, Mr. (Mr. WICKER) and the Senator from At the request of Mr. SCOTT, the BROWN, Mrs. BOXER, Mrs. FEIN- Oklahoma (Mr. LANKFORD) were added name of the Senator from Mississippi as cosponsors of S. 165, a bill to extend (Mr. WICKER) was added as a cosponsor STEIN, Mr. BOOKER, Ms. CANT- and enhance prohibitions and limita- of S. 265, a bill to expand opportunity WELL, Mr. MURPHY, Ms. HIRONO, tions with respect to the transfer or re- through greater choice in education, Mr. CASEY, Mr. SCHATZ, and Mr. lease of individuals detained at United and for other purposes. BLUMENTHAL): S. 302. A bill to establish in the Bu- States Naval Station, Guantanamo S. 275 reau of Democracy, Human Rights, and Bay, Cuba, and for other purposes. At the request of Mr. ISAKSON, the Labor of the Department of State a name of the Senator from New York S. 167 Special Envoy for the Human Rights of (Mrs. GILLIBRAND) was added as a co- At the request of Mr. BLUMENTHAL, LGBT Peoples; to the Committee on sponsor of S. 275, a bill to amend title the names of the Senator from Min- Foreign Relations. nesota (Mr. FRANKEN), the Senator XVIII of the Social Security Act to Mr. MARKEY. Mr. President, from New Hampshire (Mrs. SHAHEEN) provide for the coverage of home as a throughout my career, I have been and the Senator from Michigan (Ms. site of care for infusion therapy under proud to stand up for equality for all STABENOW) were added as cosponsors of the Medicare program. Americans regardless of their sexual S. 167, a bill to direct the Secretary of S. 292 orientation or gender identity. While I Veterans Affairs to provide for the con- At the request of Mr. CORNYN, the have seen much progress with respect duct of annual evaluations of mental names of the Senator from South Da- for the rights of the Lesbian, Gay, Bi- health care and suicide prevention pro- kota (Mr. THUNE) and the Senator from sexual, and Transgender, LGBT, com- grams of the Department of Veterans Idaho (Mr. RISCH) were added as co- munity within the United States, the Affairs, to require a pilot program on sponsors of S. 292, a bill to amend the struggle for equality and justice abroad loan repayment for psychiatrists who Endangered Species Act of 1973 to re- remains significant. Many countries agree to serve in the Veterans Health quire publication on the Internet of the have laws that criminalize homosex- Administration of the Department of basis for determinations that species uality, prohibit public support of the Veterans Affairs, and for other pur- are endangered species or threatened LGBT community and persecute those poses. species, and for other purposes. who identify as LGBT. To adequately At the request of Mr. MCCAIN, the S. 293 address the challenges posed by these names of the Senator from West Vir- At the request of Mr. CORNYN, the discriminatory laws, the United States ginia (Mrs. CAPITO), the Senator from name of the Senator from Wyoming must make LGBT rights a priority in Texas (Mr. CORNYN), the Senator from (Mr. BARRASSO) was added as a cospon- all of our foreign policy and there Illinois (Mr. KIRK), the Senator from sor of S. 293, a bill to amend the Endan- needs to be dedicated position respon- Montana (Mr. DAINES) and the Senator gered Species Act of 1973 to establish a sible for coordinating that effort. That from Iowa (Mr. GRASSLEY) were added procedure for approval of certain set- is why, today, I am introducing the as cosponsors of S. 167, supra. tlements. International Human Rights Defense S. 192 S. 294 Act of 2015, which directs the Depart- At the request of Mr. ALEXANDER, the At the request of Mr. PORTMAN, the ment of State to make international name of the Senator from Vermont name of the Senator from Florida (Mr. LGBT human rights a foreign policy (Mr. LEAHY) was added as a cosponsor RUBIO) was added as a cosponsor of S. priority and would establish a Special of S. 192, a bill to reauthorize the Older 294, a bill to require the Secretary of Envoy position in the Bureau of De- Americans Act of 1965, and for other the Treasury to mint coins in recogni- mocracy, Human Rights, and Labor re- purposes. tion and celebration of the Pro Foot- sponsible for coordinating that effort. S. 198 ball Hall of Fame. Over the past few years, conditions have deteriorated for LGBT individuals At the request of Mr. DURBIN, the S. 295 name of the Senator from Oregon (Mr. in many regions of the world. Russia At the request of Mr. HATCH, the enacted a ban on arbitrarily-defined MERKLEY) was added as a cosponsor of name of the Senator from Oregon (Mr. S. 198, a bill to amend the Internal ‘‘homosexual propaganda,’’ endan- MERKLEY) was added as a cosponsor of gering the position of many LGBT indi- Revenue Code of 1986 to modify the S. 295, a bill to amend section 2259 of rules relating to inverted corporations. viduals and their allies. Russia’s law title 18, United States Code, and for has been the basis for similar legisla- S. 203 other purposes. tion threatened or introduced in coun- At the request of Mr. HATCH, the S. 297 tries across Eastern Europe and Cen- name of the Senator from Utah (Mr. At the request of Mr. KIRK, the name tral Asia, including Lithuania, LEE) was added as a cosponsor of S. 203, of the Senator from Missouri (Mr. Kyrgyzstan, and Belarus. In December a bill to restore Americans’ individual BLUNT) was added as a cosponsor of S. 2013, India’s Supreme Court reversed a liberty by striking the Federal man- 297, a bill to revive and expand the In- lower court ruling and reinstated the date to purchase insurance. termediate Care Technician Pilot Pro- criminalization of homosexuality in S. 235 gram of the Department of Veterans the second most populous nation on At the request of Mr. WYDEN, the Affairs, and for other purposes. earth. Nigeria, Uganda, and Gambia names of the Senator from Oregon (Mr. AMENDMENT NO. 92 have all passed laws that make homo- MERKLEY) and the Senator from Mon- At the request of Mr. BURR, the name sexuality a crime punishable with life tana (Mr. TESTER) were added as co- of the Senator from New York (Mrs. imprisonment. While Uganda’s law was sponsors of S. 235, a bill to provide for GILLIBRAND) was added as a cosponsor overturned by its Constitutional Court, wildfire suppression operations, and for of amendment No. 92 proposed to S. 1, leaders have pledged to pursue similar other purposes. a bill to approve the Keystone XL Pipe- legislation. Conditions for transgender S. 257 line. individuals are particularly troubling At the request of Mr. MORAN, the f in Brazil, where 113 transgender indi- names of the Senator from West Vir- viduals were murdered in a 1-year pe- STATEMENTS ON INTRODUCED ginia (Mrs. CAPITO), the Senator from riod. North Dakota (Ms. HEITKAMP), the Sen- BILLS AND JOINT RESOLUTIONS In light of these alarming develop- ator from Maine (Mr. KING) and the By Mr. MARKEY (for himself, ments, I am introducing the Inter- Senator from Wyoming (Mr. ENZI) were Mrs. SHAHEEN, Mrs. MURRAY, national Human Rights Defense Act of added as cosponsors of S. 257, a bill to Ms. WARREN, Mr. DURBIN, Mr. 2015. It is critical that the United amend title XVIII of the Social Secu- MERKLEY, Mr. CARDIN, Mr. States fight for LGBT equality both at

VerDate Sep 11 2014 04:00 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JA6.028 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE January 29, 2015 CONGRESSIONAL RECORD — SENATE S655 home and abroad. The Obama Adminis- tarily provide that information to the I think we would all agree it is better tration has taken great steps in affirm- Department of Transportation. to address a problem before injuries or ing and strengthening the United If such information leads to the De- deaths occur, if at all possible, rather States’ commitment to LGBT equality partment of Transportation or the De- than relying primarily on fines im- as a critical component of our inter- partment of Justice enforcement ac- posed after the fact. This is a common- national human rights objectives. How- tion that totals more than $1 million in sense, bipartisan bill that will help to ever, our government does not yet have penalties, the whistleblower would be prevent injuries and deaths for Amer- a comprehensive strategy for address- eligible to share in a portion of the ican drivers. ing LGBT discrimination overseas and total penalties collected. This bill will NHTSA and other stakeholders have we lack a central individual office re- protect the whistleblowers’ identities provided input on this legislation. I sponsible for inter-bureau and inter- and allow DOT to share information look forward to working with these agency coordination to achieve these with the Department of Justice and groups and my colleagues, and particu- objectives. other Federal agencies where appro- larly with Senator NELSON, as we move priate. forward with the committee to process By Mr. THUNE (for himself, Mr. Other agencies have similar pro- and pass this legislation. NELSON, Mr. HELLER, Mrs. grams, including programs that I yield the floor to Senator NELSON MCCASKILL, Ms. KLOBUCHAR, incentivize individuals to report infor- for his remarks. Ms. AYOTTE, Mr. MORAN, and mation to the Securities and Exchange The PRESIDING OFFICER. The Sen- Mr. BLUMENTHAL): Commission and to the Internal Rev- ator from Florida. S. 304. A bill to improve motor vehi- enue Service. NHTSA plays a key role Mr. NELSON. Mr. President, in light cle safety by encouraging the sharing in ensuring the safety of vehicles that of the late hour, just before our votes, of certain information; to the Com- consumers drive on our roadways. I will submit for the RECORD a state- mittee on Commerce, Science, and Record fines have been levied against ment which correlates with the chair- Transportation. Toyota, General Motors, Honda, and man of our committee, and I thank the Mr. THUNE. Mr. President, last year other manufacturers. Senator for so much of his cooperation we saw an all-time record number of In 2014, NHTSA issued more than $126 over last year and all the investiga- motor vehicle recalls, including those million in civil penalties, a record tions and the hearings that we did, as by General Motors, Toyota, Honda, and amount, exceeding the total amount well as now. others. collected by the agency in all of its 43- What I will say that is new is I will The commerce committee held five year history. provide an update on the status of the vehicle safety hearings, examining GM Ensuring the safety of American mo- committee’s investigation into the de- ignition switches, Takata airbags, and torists is a priority, but the public’s fective Takata airbags. When we had the related question of whether the Na- trust has been shaken due to the record the hearing last November which I had the privilege of chairing, we received tional Highway Traffic Safety Admin- number of recalls this past year. Al- testimony from several witnesses, in- istration, or NHTSA, is up to the task most 64 million vehicles were recalled cluding a senior executive from the of providing effective oversight of the in 2014, which is about 3 times the num- Takata Corporation, which manufac- auto industry. ber of vehicles recalled in 2013—and the tures the airbags involved in the rup- What is absolutely clear, from our concerns many have about problems in ture and the explosive incidents that hearings and other media coverage, is the industry and at NHTSA. After my repeated calls on the Presi- basically have lacerated people with that we need to ensure potential vehi- dent to fill what had been a lengthy va- pieces of metal. The airbag that is sup- cle safety defects are identified as cancy regarding the Administrator po- posed to save their lives, in fact, is en- early as possible so we can protect con- sition at NHTSA, which operated with- dangering their lives, and in some sumers and hopefully prevent deaths out a Senate-confirmed Administrator cases killing them. This has happened and injuries. That is why earlier today for 389 days, I am glad to say the com- to two of my constituents in Florida. Senator NELSON and I introduced the merce committee did its job to ensure While the hearing produced some Motor Vehicle Safety Whistleblower that Dr. Mark Rosekind was confirmed basic information about the problem, Act. as Administrator before the end of last many questions still remain. I am pleased to note that Senators year. However, there is much more Senator Rockefeller, then the chair- HELLER, MCCASKILL, KLOBUCHAR, work that needs to be done. man of the committee, other Senators, AYOTTE, MORAN, and BLUMENTHAL have The defects associated with the GM and I sent a letter to Takata request- cosponsored this important legislation. ignition switch recall and the Takata ing information and documents related Senators MORAN and BLUMENTHAL airbag recalls were apparent failures to Takata’s airbag defects. In their ini- being added as original cosponsors of with serious safety consequences that tial response provided to the com- this legislation is important because of resulted in death and serious injury. As mittee in early December, Takata in- their respective responsibilities as the we learned from the GM incident, cluded a list of all the incidents it was chairman and ranking member of our delays in reporting safety-related de- aware of that had allegedly involved a subcommittee on consumer protection, fects to the government can cost lives. death or injury caused by a ruptured which has played a large role over the In recent years, Congress has en- Takata airbag. years on various automobile safety ef- acted, and NHTSA sought to imple- Takata’s response reveals that the forts. ment, a robust early-reporting regime. scope of injuries involved in the This afternoon I am pleased that I believe we can do more to ensure that Takata airbags appears to be greater Senator NELSON has joined me on the NHTSA is informed of potential defects than we previously thought. In its ini- floor as a lead sponsor to discuss this as early as possible. Some of the major tial response, Takata identified 5 important piece of legislation and our automakers and other manufacturers deaths and 64 injuries. Although some ongoing work on vehicle issues. As the have also instituted or sought to im- of these incidents may be ultimately chairman and ranking member of the prove internal safety reporting systems tied to other causes, this potential in- Senate Committee on Commerce, that encourage employees to report jury figure is far bigger than what had Science, and Transportation, one thing safety problems. been reported in the press. Unfortu- that has remained constant on our I applaud these efforts, but reports of nately, 1 death and 17 of these injuries committee is the spirit of bipartisan- employees whose concerns may have occurred in my State of Florida—more ship. been ignored, silenced, or possibly even than any other State. Among the al- With regard to S. 304, the Motor Ve- covered up persist. If there are poten- leged injuries in my State, many were hicle Whistleblower Act, this legisla- tial whistleblowers with important in- serious, including lacerations and frac- tion will incentivize auto employees formation to help NHTSA identify tures to the face, burns to the neck, who uncover serious allegations of ve- more defects that are not being ad- face, and torso, and traumatic brain in- hicle defects or violations of motor ve- dressed, we want them to come forward jury and hearing loss. hicle safety laws that could lead to so these problems can be identified The PRESIDING OFFICER. The time death or serious bodily injury to volun- much earlier in the process. of the Senator has expired.

VerDate Sep 11 2014 02:41 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JA6.035 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE S656 CONGRESSIONAL RECORD — SENATE January 29, 2015 Mr. NELSON. I ask unanimous con- initiative explicitly dedicated to sup- 1998 to over $30 billion today. We sup- sent for 1 additional minute to con- porting and enhancing our nation’s ported it to speed the transition of dis- clude my statement. school libraries. The key improve- coveries from science to treatment and The PRESIDING OFFICER. Without ments to the program include ensuring maintain America’s global competi- objection, it is so ordered. that elementary, middle, and high tiveness. Mr. NELSON. Sadly, I have even school students are served; expanding But the NIH budget hasn’t kept up more bad news to report today. professional development to include with inflation. Its budget has been Through public information, we have digital literacy instruction and reading growing, but slowly. That means the learned that an exploding Takata air- and writing instruction across all NIH budget buys 20 percent less than bag appears to be responsible for yet grade levels; focusing on coordination what it did when the doubling was another death. Less than 2 weeks ago, and shared planning time between completed in 2003. Which means we are a Texas man who was driving with his teachers and librarians; and ensuring missing out. Missing out on potential 11-year-old cousin was involved in a that books and materials are appro- treatments, potential breakthroughs, low-impact crash. When the airbag de- priate for and gain the interest of stu- potential cures. We have no shortage of ployed, instead of protecting him, the dents with special learning needs, in- ideas. Scientists have ideas but they airbag ruptured and sent a metal piece cluding English learners. cannot test them without funding. of shrapnel into the man’s neck. When The SKILLS Act would also What is the solution? the police arrived, he was already dead. strengthen Title I by requiring State We need to redouble our commitment We are awaiting more information and school district plans to address the to medical research. This bill creates a from Takata and we are determined to development of effective school library 6-year plan to put NIH back on stable get to the bottom of this. programs to help students gain digital ground. It is steady growth, it is pre- I look forward to working with the literacy skills, master the knowledge dictable, and it is fiscally sound. chairman on this issue. We plan to con- and skills in the challenging academic The bill allows for new spending for tinue the investigation until all of our content standards adopted by the NIH that does not count against the questions have been answered. We are State, and graduate from high school strict budget caps. So we can put more going to do everything possible to get ready for college and careers. Addition- money into cures without taking it to the bottom of this issue so that con- ally, the legislation would broaden the away from other compelling human sumers are made whole. focus of training, professional develop- needs funded within the Labor-HHS ment, and recruitment activities under Appropriations bill. By Mr. REED (for himself, Mr. Title II to include school librarians. Why NIH? Why should we have new COCHRAN, and Mr. WHITEHOUSE): Absent a clear Federal investment, spending for NIH when other spending S. 312. A bill to amend the Elemen- the libraries in many of our high pov- is stagnant or being cut? Personally, I tary and Secondary Education Act of erty schools will languish with out- would lift the sequester caps. I think 1965 regarding school libraries, and for dated materials and technology or they are doing real harm, but I recog- other purposes; to the Committee on cease to exist at all, and in turn, stu- nize we do not all agree on that. I Health, Education, Labor, and Pen- dents will be cut off from a vital infor- think we do all agree that NIH re- sions. mation hub that connects them to the search is worth increasing because it Mr. REED. Mr. President, today I tools they need to develop critical both helps the economy and saves join with my colleagues Senators COCH- thinking and research skills necessary lives. RAN and WHITEHOUSE in introducing the for success. This is a true equity issue, First, let me talk about how NIH Strengthening Kids’ Interest in Learn- which is why I will continue to fight to helps the economy. The NIH is a world- ing and Libraries, SKILLS, Act. sustain our Federal investment in this class institution. I call it the National Fifty years ago, when President area and why renewing and strength- Institutes of Hope, serving as the foun- Johnson urged Congress to enact what ening the school library program is of dation for U.S. medical innovation would become the Elementary and Sec- critical importance. which employs 1 million U.S. citizens, ondary Education Act, he specifically I urge our colleagues to join us in co- including 19,000 at NIH and 14,000 NIH called for an investment in school li- sponsoring the bipartisan Strength- employees who live in Maryland. NIH braries, decrying that school libraries ening Kids’ Interest in Learning and generates $84 billion in wages and sala- were ‘‘limping along.’’ Results from a Libraries Act, and to work together to ries, exports $90 billion in goods and recent National Center for Education ensure that it becomes a part of the up- services. Every dollar we invest in NIH Statistics survey show that there are coming reauthorization of the Elemen- generates $2–$3 in economic activity. still gaps in access to school libraries. tary and Secondary Education Act. Every patent NIH generates provides Approximately 8,800 schools did not re- the foundation for 8 private sector pat- port having a library media center, and By Ms. MIKULSKI (for herself ents. In 2013, products built on licensed only about 2⁄3 of the traditional public and Mr. CARDIN): NIH and FDA inventions reported a schools that did have libraries reported S. 318. A bill to prioritize funding for total of $7 billion in sales. Investing in having a full-time, certified librarian. the National Institutes of Health to NIH is good for our economy One in five traditional public schools discover treatments and cures, to But I do not call NIH the National reported having no paid, State certified maintain global leadership in medical Institutes of Hope because of its eco- library staff at all. innovation, and to restore the pur- nomic impact. NIH gives hope because Effective school library programs are chasing power the NIH had after the of its human impact. Just look at what essential supports for educational suc- historic doubling campaign that ended we have done with Federal investments cess. Multiple education and library in fiscal year 2003; to the Committee on in NIH, cutting the cancer death rate studies have produced clear evidence the Budget. by 11 percent in women and 19 percent that school libraries staffed by quali- Ms. MIKULSKI. Mr. President, today in men. HIV/AIDS is no longer a death fied librarians have a positive impact I am introducing the Accelerating Bio- sentence. Polio and small pox are es- on student academic achievement. medical Research Act. sentially eradicated in this country. Knowing how to find and use informa- The bill allows more funding for the These medical breakthroughs did not tion are essential skills for college, ca- National Institutes of Health by allow- just happen. They occurred because our reers, and life in general. A good school ing NIH funding to grow even while we government supported the NIH. And library, staffed by a trained school li- continue to live under austere funding because the NIH supported dedicated brarian, is where students develop and caps. scientists seeking knowledge and med- hone these skills. NIH funding has been a bipartisan ef- ical breakthroughs. Our bipartisan legislation would re- fort working with Democrats—Sen- And now, that support is being erod- authorize and strengthen the Improv- ators Kennedy and Harkin, as well as ed. ing Literacy through School Libraries Republicans—Senators Hatfield and I have heard the American people program of the Elementary and Sec- Specter. We successfully fought to dou- say, they want Congress to be frugal. ondary Education Act, the only federal ble NIH’s budget from $13.6 billion in But I haven’t heard anyone say: ‘‘Let’s

VerDate Sep 11 2014 04:00 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JA6.038 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE January 29, 2015 CONGRESSIONAL RECORD — SENATE S657 delay finding a way to prevent Alz- him at his birthplace in Niles, OH, and crease NIH funding without raising heimer’s’’ or ‘‘Let’s encourage our another on McKinley Monument Drive taxes and without stealing support young scientists to work abroad’’ or where the McKinley National Monu- from other critical programs. Instead, ‘‘Let’s put a hold on finding a cure for ment is located, not far from the Pro support would come from blockbuster cancer’’ or ‘‘Let’s discourage our uni- Football Hall of Fame in Canton, OH. drug companies—only those that relied versities from researching treatments There is McKinley Heights in Ohio. on government-supported research to for rare pediatric tumors’’. There are more than 20 schools in Ohio generate billions in sales and only I am for being frugal but we must not named for him. There is a county in those that break the law and enter into jeopardize or hamper America as the New Mexico named after him. There major settlement agreements with the gold standard, as the worldwide leader are literally hundreds of streets, librar- government. In such cases, the govern- in medical research and innovation. ies and other institutions and busi- ment settlements would go forward as I am for being frugal but not at the nesses named for him nationwide. they normally do, but the offending expense of the next generation of sci- There is no danger than Americans will company would also be required to re- entists and the health of American not remember and honor the assas- invest a relatively small portion of the families. sinated President. profits it has generated as a result of Discovery is the genius of our coun- But no official in the territory of taxpayer-supported research and put try. When President Jefferson commis- Alaska actually named the nation’s that money right back into the NIH. sioned Lewis and Clark to find water tallest mountain after the former We celebrate the accomplishments of route to the Pacific, the mission was President. That was done by a pros- our pharmaceutical industry—espe- called discovery. Discovery is part of pector William Dickey, who took it cially the industry’s billion-dollar our Nation’s DNA. It is what makes upon himself to name the peak in 1896. blockbuster drugs. These drugs have this Nation great. The Alaska State Place Names Board literally transformed the treatment of To have innovation we must have in 1975 took official state action to re- high cholesterol, diabetes, HIV, asth- discovery. This requires: Investing in name the peak, restoring its tradi- ma, rheumatoid arthritis, breast can- our human capital, educating our peo- tional name of Denali. I clearly believe cer, colon cancer, and leukemia. They ple, and funding their research. That is that there is every reason for this Con- help Americans live longer, healthier why I support funding for NIH. And gress to follow Alaskans’ desires and lives. But we also know that block- that is why I am introducing the Accel- the desires of Native Americans and re- buster drugs don’t just appear over- erating Biomedical Research Act store the name to the English trans- night as if by magic. Rarely do they re- today. lation of what it has been called for sult from a single giant company’s in- I hope my colleagues will agree and millennia, on Federal maps and docu- dividual genius. support this bill. ments. I agree with Republican Senators I hope that this Congress will finally Alexander and Burr, who say in a re- By Ms. MURKOWSKI (for herself agree to this name change. port released just this morning: and Mr. SULLIVAN): [I]n many cases, the research leading to S. 319. A bill to designate a mountain By Ms. WARREN (for herself, Mr. the discovery and development of these prod- in the State of Alaska as Mount CARDIN, Mr. BROWN, and Ms. ucts has been advanced, funded, or enabled in Denali; to the Committee on Energy BALDWIN): some way by NIH. and Natural Resources. S. 320. A bill to authorize the collec- Drug companies make great con- Ms. MURKOWSKI. Mr. President, I tion of supplemental payments to in- tributions, but so do taxpayers. rise today to reintroduce legislation crease congressional investments in The big drug companies are making which has been proposed in the past by medical research, and for other pur- billions as a result of these invest- the Alaska Congressional Delegation to poses; to the Committee on Health, ments, but over the last 10 years a few officially restore the traditional name Education, Labor, and Pensions. of our wealthiest drug companies have of the nation’s highest peak, currently Ms. WARREN. Mr. President, I come been caught making money a second Mount McKinley, to its traditional In- to the floor today to announce the in- way—by skirting the law. These com- terior Alaska Athabascan name, troduction of the Medical Innovation panies are not getting swept up in Denali.’ I am joined in sponsoring this Act, which is a commonsense proposal minor paperwork mistakes. They are bill by my colleague from Alaska, Sen- that could dramatically increase our not victims of overly eager regulators. ator DAN SULLIVAN. Nation’s investment in lifesaving med- They have been caught defrauding Since passage of the Alaska National ical research. Medicare and Medicaid, withholding Interest Lands Conservation Act in During much of the 20th century, critical safety information about their 1980 the Alaska Delegation has been America made significant investments drugs, marketing their drugs for uses trying to change the name of the tall- in this area through the National Insti- that aren’t approved, and giving doc- est mountain in North America back to tutes of Health, and it has been a re- tors kickbacks for writing prescrip- its Alaska name. In 1980 Congress did markable success. We have trans- tions for their drugs. change the name of the national park formed medicine across America and Between 2007 and 2012 the world’s and preserve where the mountain is lo- around the world. NIH support helps largest pharmaceutical companies paid cated to Denali National Park and Pre- train each new generation of scientists over $13 billion in fines and settle- serve, from its earlier name of Mt. and develop each new generation of ments. Despite those numbers, it is McKinley National Park. But unfortu- medicine. NIH-supported discoveries clear that for the biggest drug compa- nately the name of the peak itself con- often get picked up by small, creative, nies this is simply a cost of doing busi- tinues to refer to a President who nimble biotechnology companies, ness. In fact, several of the biggest never set foot in Alaska. which in turn get picked up by large drug companies have been caught While I have great respect for Presi- pharmaceutical companies, which in breaking the law, have paid a fine, and dent William McKinley and great re- turn sometimes result in wildly suc- then have broken the law again. And spect for the wonderful State of Ohio cessful blockbuster drugs. Each of why not? Even the biggest pharma- where he was born, the peak at 20,230 these blockbuster drugs brings in more ceutical settlement ever—a $3 billion feet has always been called by Alaska’s than $1 billion a year for the drug com- penalty for withholding life-threat- first Athabascan residents as Denali, panies, and each one transforms lives. ening safety data and engaging in ille- meaning ‘‘the high one.’’ It is simply Nearly everyone in Congress supports gal marketing practices—accounted for fitting in this day and age of greater increased funding for NIH, but for 10 less than 10 percent of what the com- awareness of Native history that the years the NIH budget hasn’t even kept pany made selling those drugs. In fact, mountain return to a name that honors up with the pace of inflation. Why? Be- the day the settlement was announced, its Native ancestry. cause nobody wants to step up and find that company’s stock price actually Already there are a number of towns a way to pay for it. went up. and institutions named in honor of the It is time to break the stalemate. It doesn’t have to be this way. The 25th President. He has a monument for The Medical Innovation Act would in- Medical Innovation Act would serve

VerDate Sep 11 2014 04:00 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00047 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JA6.041 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE S658 CONGRESSIONAL RECORD — SENATE January 29, 2015 double duty—requiring more account- If this policy had been in place over (2) employ personnel; and ability from the biggest drug compa- the past 5 years, NIH would have had (3) with the prior consent of the Govern- nies while giving medical research the nearly $6 billion more every year to ment department or agency concerned and the Committee on Rules and Administration, support it deserves. fund thousands of new grants to sci- use on a reimbursable or nonreimbursable This isn’t a tax; it is simply a condi- entists and universities and research basis the services of personnel of any such tion of settling to avoid a trial in a centers around the country. That is al- department or agency. major case of wrongdoing. If a com- most a 20-percent increase in NIH fund- SEC. 2. EXPENSES. pany never breaks the law, it will ing. (a) EXPENSES FOR PERIOD ENDING SEP- never pay. If an accused company goes It has been 10 years of stagnant Fed- TEMBER 30, 2015.—The expenses of the com- to trial instead of settling out of court, eral investments followed by sequester mittee for the period March 1, 2015 through it will never pay. It is more like a cuts, 10 years of rejecting potentially September 30, 2015 under this resolution shall not exceed $3,783,845, of which swear jar. Whenever a huge drug com- life-changing research proposals at amount— pany that is generating enormous prof- NIH, 10 years of telling young research- (1) not to exceed $46,667 may be expended its as a result of Federal research in- ers that their innovative ideas have al- for the procurement of the services of indi- vestments breaks the law, it has to put most no chance of getting off the vidual consultants, or organizations thereof some money in the jar to help fund the ground. We are running out of time. (as authorized by section 202(i) of the Legis- next generation of medical research. Today we are choking off support for lative Reorganization Act of 1946 (2 U.S.C. Since we announced this proposal, we projects that could lead to the next 4301(i))); and have seen an outpouring of support (2) not to exceed $17,500 may be expended major breakthrough against cancer, for the training of the professional staff of from hospitals, doctors, patient groups, heart disease, Ebola, Alzheimer’s, dia- the committee (under procedures specified and research universities. All of them betes, or other deadly conditions. We by section 202(j) of that Act). want to break the stalemate on NIH are starving projects that would trans- (b) EXPENSES FOR FISCAL YEAR 2016 PE- funding and get back to the business of form the lives of our children on the RIOD.—The expenses of the committee for the saving lives. autism spectrum. We are suffocating period October 1, 2015 through September 30, We have also heard some grumbling 2016 under this resolution shall not exceed breakthrough ideas that would give $6,486,591, of which amount— from the army of lobbyists that works new hope to those with ALS. for some of the biggest drug compa- (1) not to exceed $80,000 may be expended That is not who we are. We are not a for the procurement of the services of indi- nies—companies that would prefer not nation that abandons the sick. And we vidual consultants, or organizations thereof to pay a bigger penalty when they are not a nation that says, ‘‘I’ve got (as authorized by section 202(i) of the Legis- break the law. If they have better ideas mine, the rest of you are on your own.’’ lative Reorganization Act of 1946 (2 U.S.C. for ending this congressional stalemate We are a nation of people who work to- 4301(i))); and and getting more money into NIH, I am gether. We are a nation of people who (2) not to exceed $30,000 may be expended eager to hear them. for the training of the professional staff of invest in each other. We have done it the committee (under procedures specified These lobbyists have also claimed for generations—and for generations that there is ‘‘no logical basis’’ for ask- by section 202(j) of that Act). we have led the world in medical inno- (c) EXPENSES FOR PERIOD ENDING FEBRUARY ing these companies to pay up when vation. 28, 2017.—The expenses of the committee for they break the law. Well, I disagree. If It is time to renew that commit- the period October 1, 2016 through February a company that is making literally bil- ment—our commitment to our chil- 28, 2017 under this resolution shall not exceed lions of dollars as a result of taxpayers’ dren, our commitment to our parents, $2,702,746, of which amount— NIH investments turns around and en- (1) not to exceed $33,334 may be expended our commitment to ourselves, by mak- for the procurement of the services of indi- gages in allegedly illegal conduct and ing it a little easier for the biggest wants to settle to make the case go vidual consultants, or organizations thereof drug companies to help develop the (as authorized by section 202(i) of the Legis- away, that seems like a pretty logical next generation of cures and making it lative Reorganization Act of 1946 (2 U.S.C. basis for asking them to invest a little a little harder for them to profit from 4301(i))); and in the next generation of medical breaking the law and defrauding tax- (2) not to exceed $12,500 may be expended breakthroughs. payers. It is time to pass the Medical for the training of the professional staff of Lobbyists have also written that the Innovation Act. the committee (under procedures specified Medical Innovation Act might create by section 202(j) of that Act). ‘‘unnecessary litigation.’’ Well, it is il- f SEC. 3. REPORTING LEGISLATION. legal to defraud Medicare. It is illegal SUBMITTED RESOLUTIONS The committee shall report its findings, together with such recommendations for leg- to pay kickbacks to doctors. It is ille- islation as it deems advisable, to the Senate gal to hide safety data from the FDA at the earliest practicable date, but not later or manufacture drugs in dirty, con- SENATE RESOLUTION 53—AUTHOR- than February 28, 2017. taminated facilities. Our biggest and IZING EXPENDITURES BY THE SEC. 4. EXPENSES AND AGENCY CONTRIBUTIONS. most successful drug companies make COMMITTEE ON ARMED SERV- (a) EXPENSES OF THE COMMITTEE.— billions of dollars by inventing treat- ICES, (1) IN GENERAL.—Except as provided in paragraph (2), expenses of the committee ments and improving the public’s Mr. MCCAIN submitted the following health, and when they do, we applaud under this resolution shall be paid from the resolution; from the Committee on contingent fund of the Senate upon vouchers them for it. But if they want to avoid Armed Services; which was referred to approved by the chairman of the committee. unnecessary litigation, then they the Committee on Rules and Adminis- (2) VOUCHERS NOT REQUIRED.—Vouchers should follow the law. If they don’t tration: shall not be required for— want to put a dollar in the swear jar, (A) the disbursement of salaries of employ- S. RES. 53 then stop swearing. ees paid at an annual rate; I don’t kid myself. I know how dif- Resolved, (B) the payment of telecommunications ficult it is to get things done in Wash- SECTION 1. GENERAL AUTHORITY. provided by the Office of the Sergeant at ington, and I understand that a handful In carrying out its powers, duties, and Arms and Doorkeeper; functions under the Standing Rules of the of powerful actors with money and (C) the payment of stationery supplies pur- Senate, in accordance with its jurisdiction chased through the Keeper of the Stationery; power likes things just the way they under rule XXV of the Standing Rules of the (D) payments to the Postmaster of the are and will fight any effort to change. Senate, including holding hearings, report- Senate; But even if a few of the biggest drug ing such hearings, and making investiga- (E) the payment of metered charges on companies don’t like it, I am hopeful tions as authorized by paragraphs 1 and 8 of copying equipment provided by the Office of that we can build support for this idea rule XXVI of the Standing Rules of the Sen- the Sergeant at Arms and Doorkeeper; because the Medical Innovation Act is ate, the Committee on Armed Services (in (F) the payment of Senate Recording and a major move toward substantially in- this resolution referred to as the ‘‘com- Photographic Services; or mittee’’) is authorized from March 1, 2015 creasing Federal support for medical (G) the payment of franked and mass mail through February 28, 2017, in its discretion, costs by the Sergeant at Arms and Door- research in a way that doesn’t raise to— keeper. taxes and doesn’t cut other critical (1) make expenditures from the contingent (b) AGENCY CONTRIBUTIONS.—There are au- programs. fund of the Senate; thorized to be paid from the appropriations

VerDate Sep 11 2014 02:41 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00048 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JA6.039 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE January 29, 2015 CONGRESSIONAL RECORD — SENATE S659 account for ‘‘Expenses of Inquiries and Inves- (1) not to exceed $31,250 may be expended (1) make expenditures from the contingent tigations’’ of the Senate such sums as may for the procurement of the services of indi- fund of the Senate; be necessary for agency contributions re- vidual consultants, or organizations thereof (2) employ personnel; and lated to the compensation of employees of (as authorized by section 202(i) of the Legis- (3) with the prior consent of the Govern- the committee— lative Reorganization Act of 1946 (2 U.S.C. ment department or agency concerned and (1) for the period March 1, 2015 through 4301(i))); and the Committee on Rules and Administration, September 30, 2015; (2) not to exceed $5,000 may be expended for use on a reimbursable or nonreimbursable (2) for the period October 1, 2015 through the training of the professional staff of the basis the services of personnel of any such September 30, 2016; and committee (under procedures specified by department or agency. (3) for the period October 1, 2016 through section 202(j) of that Act). SEC. 2. EXPENSES. February 28, 2017. SEC. 3. REPORTING LEGISLATION. (a) EXPENSES FOR PERIOD ENDING SEP- f The committee shall report its findings, TEMBER 30, 2015.—The expenses of the com- together with such recommendations for leg- mittee for the period March 1, 2015 through SENATE RESOLUTION 54—AUTHOR- islation as it deems advisable, to the Senate September 30, 2015 under this resolution IZING EXPENDITURES BY THE at the earliest practicable date, but not later shall not exceed $3,217,448, of which amount COMMITTEE ON RULES AND AD- than February 28, 2017. not to exceed $10,000 may be expended for the procurement of the services of individual MINISTRATION SEC. 4. EXPENSES AND AGENCY CONTRIBUTIONS. consultants, or organizations thereof (as au- (a) EXPENSES OF THE COMMITTEE.— Mr. BLUNT submitted the following thorized by section 202(i) of the Legislative (1) IN GENERAL.—Except as provided in resolution; from the Committee on Reorganization Act of 1946 (2 U.S.C. 4301(i))). paragraph (2), expenses of the committee Rules and Administration; which was (b) EXPENSES FOR FISCAL YEAR 2016 PE- under this resolution shall be paid from the RIOD.—The expenses of the committee for the placed on the calendar: contingent fund of the Senate upon vouchers period October 1, 2015 through September 30, S. RES. 54 approved by the chairman of the committee. 2016 under this section shall not exceed (2) VOUCHERS NOT REQUIRED.—Vouchers Resolved, $5,515,626, of which amount not to exceed shall not be required for— SECTION 1. GENERAL AUTHORITY. $17,144 may be expended for the procurement (A) the disbursement of salaries of employ- of the services of individual consultants, or In carrying out its powers, duties, and ees paid at an annual rate; organizations thereof (as authorized by sec- functions under the Standing Rules of the (B) the payment of telecommunications tion 202(i) of the Legislative Reorganization Senate, in accordance with its jurisdiction provided by the Office of the Sergeant at Act of 1946 (2 U.S.C. 4301(i))). under rule XXV of the Standing Rules of the Arms and Doorkeeper; (c) EXPENSES FOR ERIOD NDING EBRUARY Senate, including holding hearings, report- (C) the payment of stationery supplies pur- P E F ing such hearings, and making investiga- chased through the Keeper of the Stationery; 28, 2017.—The expenses of the committee for tions as authorized by paragraphs 1 and 8 of (D) payments to the Postmaster of the the period October 1, 2016 through February rule XXVI of the Standing Rules of the Sen- Senate; 28, 2017 under this resolution shall not exceed ate, the Committee on Rules and Adminis- (E) the payment of metered charges on $2,298,177, of which amount not to exceed tration (in this resolution referred to as the copying equipment provided by the Office of $7,143 may be expended for the procurement ‘‘committee’’) is authorized from March 1, the Sergeant at Arms and Doorkeeper; of the services of individual consultants, or 2015 through February 28, 2017, in its discre- (F) the payment of Senate Recording and organizations thereof (as authorized by sec- tion, to— Photographic Services; or tion 202(i) of the Legislative Reorganization (1) make expenditures from the contingent (G) the payment of franked and mass mail Act of 1946 (2 U.S.C. 4301(i))). fund of the Senate; costs by the Sergeant at Arms and Door- SEC. 3. REPORTING LEGISLATION. (2) employ personnel; and keeper, United States Senate. The committee shall report its findings, (3) with the prior consent of the Govern- (b) AGENCY CONTRIBUTIONS.—There are au- together with such recommendations for leg- ment department or agency concerned and thorized to be paid from the appropriations islation as it deems advisable, to the Senate the Committee on Rules and Administration, account for ‘‘Expenses of Inquiries and Inves- at the earliest practicable date, but not later use on a reimbursable or nonreimbursable tigations’’ of the Senate such sums as may than February 28, 2017. basis the services of personnel of any such be necessary for agency contributions re- SEC. 4. EXPENSES AND AGENCY CONTRIBUTIONS. department or agency. lated to the compensation of employees of (a) EXPENSES OF THE COMMITTEE.— SEC. 2. EXPENSES. the committee— (1) IN GENERAL.—Except as provided in (a) EXPENSES FOR PERIOD ENDING SEP- (1) for the period March 1, 2015 through paragraph (2), expenses of the committee TEMBER 30, 2015.—The expenses of the com- September 30, 2015; under this resolution shall be paid from the mittee for the period March 1, 2015 through (2) for the period October 1, 2015 through contingent fund of the Senate upon vouchers September 30, 2015 under this resolution September 30, 2016; and approved by the chairman of the committee. shall not exceed $1,375,819, of which (3) for the period October 1, 2016 through (2) VOUCHERS NOT REQUIRED.—Vouchers amount— February 28, 2017. shall not be required for— (1) not to exceed $43,750 may be expended (A) the disbursement of salaries of employ- f for the procurement of the services of indi- ees paid at an annual rate; vidual consultants, or organizations thereof SENATE RESOLUTION 55—AUTHOR- (B) the payment of telecommunications (as authorized by section 202(i) of the Legis- IZING EXPENDITURES BY THE provided by the Office of the Sergeant at lative Reorganization Act of 1946 (2 U.S.C. Arms and Doorkeeper; 4301(i))); and SELECT COMMITTEE ON INTEL- (C) the payment of stationery supplies pur- (2) not to exceed $7,000 may be expended for LIGENCE chased through the Keeper of the Stationery; the training of the professional staff of the Mr. BURR submitted the following (D) payments to the Postmaster of the committee (under procedures specified by resolution; from the Select Committee Senate; section 202(j) of that Act). (E) the payment of metered charges on on Intelligence; which was referred to (b) EXPENSES FOR FISCAL YEAR 2016 PE- copying equipment provided by the Office of RIOD.—The expenses of the committee for the the Committee on Rules and Adminis- the Sergeant at Arms and Doorkeeper; period October 1, 2015 through September 30, tration: (F) the payment of Senate Recording and 2016 under this section shall not exceed S. RES. 55 Photographic Services; or $2,358,546, of which amount— (G) the payment of franked and mass mail Resolved, (1) not to exceed $75,000 may be expended costs by the Sergeant at Arms and Door- for the procurement of the services of indi- SECTION 1. GENERAL AUTHORITY. keeper. vidual consultants, or organizations thereof In carrying out its powers, duties, and (b) AGENCY CONTRIBUTIONS.—There are au- (as authorized by section 202(i) of the Legis- functions under S. Res. 400, agreed to May 19, thorized to be paid from the appropriations lative Reorganization Act of 1946 (2 U.S.C. 1976 (94th Congress), as amended by S. Res. account for ‘‘Expenses of Inquiries and Inves- 4301(i))); and 445, agreed to October 9, 2004 (108th Con- tigations’’ of the Senate such sums as may (2) not to exceed $12,000 may be expended gress), in accordance with its jurisdiction be necessary for agency contributions re- for the training of the professional staff of under sections 3(a) and 17 of such S. Res. 400, lated to the compensation of employees of the committee (under procedures specified including holding hearings, reporting such the committee— by section 202(j) of that Act). hearings, and making investigations as au- (1) for the period March 1, 2015 through (c) EXPENSES FOR PERIOD ENDING FEBRUARY thorized by section 5 of such S. Res. 400, the September 30, 2015; 28, 2017.—The expenses of the committee for Select Committee on Intelligence (in this (2) for the period October 1, 2015 through the period October 1, 2016 through February resolution referred to as the ‘‘committee’’) is September 30, 2016; and 28, 2017 under this section shall not exceed authorized from March 1, 2015 through Feb- (3) for the period October 1, 2016 through $982,728, of which amount— ruary 28, 2017, in its discretion, to— February 28, 2017.

VerDate Sep 11 2014 02:41 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00049 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JA6.043 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE S660 CONGRESSIONAL RECORD — SENATE January 29, 2015 SENATE RESOLUTION 56—DESIG- Budget; which was referred to the Com- (2) VOUCHERS NOT REQUIRED.—Vouchers NATING JANUARY 2015 AS ‘‘NA- mittee on Rules and Administration: shall not be required for— (A) the disbursement of salaries of employ- TIONAL BLOOD DONOR MONTH’’ S. RES. 57 ees paid at an annual rate; Ms. BALDWIN (for herself and Ms. Resolved, (B) the payment of telecommunications WARREN) submitted the following reso- SECTION 1. GENERAL AUTHORITY. provided by the Office of the Sergeant at lution; which was referred to the Com- In carrying out its powers, duties, and Arms and Doorkeeper; mittee on the Judiciary: functions under the Standing Rules of the (C) the payment of stationery supplies pur- Senate, in accordance with its jurisdiction S. RES. 56 chased through the Keeper of the Stationery; under rule XXV of the Standing Rules of the (D) payments to the Postmaster of the Whereas America’s Blood Centers, AABB, Senate, including holding hearings, report- Senate; and the American Red Cross unite to des- ing such hearings, and making investiga- (E) the payment of metered charges on ignate January 2015 as ‘‘National Blood tions as authorized by paragraphs 1 and 8 of copying equipment provided by the Office of Donor Month’’; rule XXVI of the Standing Rules of the Sen- the Sergeant at Arms and Doorkeeper; Whereas donating 1 unit of blood helps to ate, the Committee on the Budget (in this (F) the payment of Senate Recording and save as many as 3 lives; resolution referred to as the ‘‘committee’’) is Photographic Services; or Whereas blood donors are an integral part authorized from March 1, 2015 through Feb- (G) the payment of franked and mass mail of the health system and national public ruary 28, 2017, in its discretion, to— costs by the Sergeant at Arms and Door- health preparedness initiatives in the United (1) make expenditures from the contingent keeper. States; fund of the Senate; (b) AGENCY CONTRIBUTIONS.—There are au- Whereas blood and blood products are crit- (2) employ personnel; and thorized to be paid from the appropriations ical national resources and vital public (3) with the prior consent of the Govern- account for ‘‘Expenses of Inquiries and Inves- health assets that must be readily available ment department or agency concerned and tigations’’ of the Senate such sums as may at all times; the Committee on Rules and Administration, be necessary for agency contributions re- Whereas every 2 seconds, a person in the use on a reimbursable or nonreimbursable lated to the compensation of employees of United States needs blood for lifesaving basis the services of personnel of any such the committee— treatment in an emergency or a disaster, a department or agency. (1) for the period March 1, 2015 through routine surgery, a blood transfusion to help September 30, 2015; SEC. 2. EXPENSES. treat a serious disease like cancer, or an (2) for the period October 1, 2015 through (a) EXPENSES FOR PERIOD ENDING SEP- organ or bone marrow transplant; September 30, 2016; and TEMBER 30, 2015.—The expenses of the com- Whereas 1 in 7 patients who enter a hos- (3) for the period October 1, 2016 through mittee for the period March 1, 2015 through pital in the United States needs blood; February 28, 2017. Whereas more than 20,000,000 blood compo- September 30, 2015 under this resolution nents are used in transfusions every year in shall not exceed $3,534,372, of which f the United States; amount— SENATE RESOLUTION 58—RECOG- Whereas more than 39,000 units of blood are (1) not to exceed $35,000 may be expended NIZING JANUARY 2015 AS ‘‘NA- for the procurement of the services of indi- needed each day in the United States to TIONAL MENTORING MONTH’’ maintain a safe and adequate blood supply; vidual consultants, or organizations thereof Whereas 9,200,000 donors give blood each (as authorized by section 202(i) of the Legis- Mr. ISAKSON (for himself, Mr. year in the United States; lative Reorganization Act of 1946 (2 U.S.C. WHITEHOUSE, Mrs. CAPITO, and Mr. Whereas approximately 38 percent of the 4301(i))); and BROWN) submitted the following resolu- Unites States population is eligible to give (2) not to exceed $21,000 may be expended tion; which was considered and agreed blood, but less than 10 percent of the eligible for the training of the professional staff of to: population donates blood on an annual basis; the committee (under procedures specified S. RES. 58 Whereas blood transfusions require gen- by section 202(j) of that Act). erous and altruistic volunteer donors; (b) EXPENSES FOR FISCAL YEAR 2016 PE- Whereas in 2002, the Harvard School of Whereas it is vital that the blood donation RIOD.—The expenses of the committee for the Public Health and MENTOR: the National policies, including donor deferral policies, in period October 1, 2015 through September 30, Mentoring Partnership created National the United States keep pace with medical 2016 under this resolution shall not exceed Mentoring Month; science to ensure that the United States has $6,058,924, of which amount— Whereas the goals of National Mentoring a robust, eligible population of donors to (1) not to exceed $60,000 may be expended Month are to raise awareness of mentoring, maintain a safe and adequate blood supply; for the procurement of the services of indi- recruit individuals to serve as mentors, and and vidual consultants, or organizations thereof encourage organizations to engage and inte- Whereas America’s Blood Centers, AABB, (as authorized by section 202(i) of the Legis- grate quality in mentoring into their efforts; and the American Red Cross support and per- lative Reorganization Act of 1946 (2 U.S.C. Whereas a mentor is a caring, consistent form critical services collecting, processing, 4301(i))); and presence who devotes time to a young person and distributing lifesaving blood and blood (2) not to exceed $36,000 may be expended to help that young person discover personal products to hospitals and health providers, for the training of the professional staff of strength and achieve his or her potential and are instrumental in ensuring the safety the committee (under procedures specified through a structured and trusting relation- of the blood supply and promoting the need by section 202(j) of that Act). ship; Whereas quality mentoring encourages for blood donations: Now, therefore, be it (c) EXPENSES FOR PERIOD ENDING FEBRUARY Resolved, That the Senate— 28, 2017.—The expenses of the committee for positive choices, promotes self-esteem, sup- (1) designates January 2015 as ‘‘National the period October 1, 2016 through February ports academic achievement and introduces Blood Donor Month’’; 28, 2017 under this resolution shall not exceed young people to new ideas; (2) acknowledges the important role of vol- $2,524,552, of which amount— Whereas mentoring programs have been unteer blood donors in protecting the health (1) not to exceed $25,000 may be expended shown to be effective in combating school vi- olence and discipline problems, substance and emergency preparedness security of the for the procurement of the services of indi- abuse, incarceration and truancy; United States; vidual consultants, or organizations thereof Whereas research shows that young people (3) recognizes the need to promote a safe, (as authorized by section 202(i) of the Legis- who were at risk for not completing high stable blood supply and to increase volunteer lative Reorganization Act of 1946 (2 U.S.C. school but who had a mentor were 55 percent participation of blood donors; 4301(i))); and more likely to be enrolled in college, 81 per- (4) endorses efforts to update blood dona- (2) not to exceed $15,000 may be expended cent more likely to report participating reg- tion policies in a safe and scientifically for the training of the professional staff of ularly in sports or extracurricular activities, sound manner to maintain an adequate blood the committee (under procedures specified more than twice as likely to say they held a supply; and by section 202(j) of that Act). leadership position in a club or sports team, (5) recognizes the roles of America’s Blood SEC. 3. REPORTING LEGISLATION. Centers, AABB, and the American Red Cross and 78 percent more likely to volunteer regu- The committee shall report its findings, larly in their communities than young peo- in ensuring the safety of the blood supply in together with such recommendations for leg- the United States and delivering lifesaving ple who were at risk for not completing high islation as it deems advisable, to the Senate school and who did not have a mentor; blood and blood products to health providers at the earliest practicable date, but not later and patients. Whereas youth development experts agree than February 28, 2017. that mentoring is critical to the social, emo- f SEC. 4. EXPENSES AND AGENCY CONTRIBUTIONS. tional, and cognitive development of youth, SENATE RESOLUTION 57—AUTHOR- (a) EXPENSES OF THE COMMITTEE.— helping them navigate the path to adulthood IZING EXPENDITURES BY THE (1) IN GENERAL.—Except as provided in more successfully; COMMITTEE ON THE BUDGET paragraph (2), expenses of the committee Whereas mentors help young people set ca- under this resolution shall be paid from the reer goals and use their personal contacts to Mr. ENZI submitted the following contingent fund of the Senate upon vouchers help young people meet industry profes- resolution; from the Committee on the approved by the chairman of the committee. sionals and find jobs;

VerDate Sep 11 2014 02:41 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00050 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JA6.046 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE January 29, 2015 CONGRESSIONAL RECORD — SENATE S661 Whereas mentoring is a proven cost-effec- COMMITTEE ON COMMERCE, SCIENCE, AND EXECUTIVE SESSION tive investment: for every dollar invested in TRANSPORTATION mentoring, there is a 3-dollar return to soci- Ms. MURKOWSKI. Mr. President, I ety; ask unanimous consent that the Com- EXECUTIVE CALENDAR Whereas all of the above-listed benefits mittee on Commerce, Science, and Mr. MCCONNELL. Mr. President, I serve to link youth to economic opportunity Transportation be authorized to meet while also strengthening the fiber of our ask unanimous consent that the Sen- communities; and during the session of the Senate on ate immediately proceed to executive Whereas despite these benefits, 1 in 3 youth January 29, 2015, at 10 a.m. in room SR– session to consider the following nomi- will reach age 19 without a mentor, consti- 253 of the Russell Senate Office Build- nations on today’s Executive Calendar: tuting a ‘‘mentoring gap’’ that demonstrates ing to conduct a subcommittee hearing Calendar No. 5 and all nominations on a need for collaboration and resources: Now, entitled, ‘‘Improving the Performance the Secretary’s desk; I further ask therefore, be it of our Transportation Networks: unanimous consent that the nomina- Resolved, That the Senate— Stakeholder Perspectives’’ tions be confirmed en bloc, the motions (1) recognizes January 2015 as ‘‘National The PRESIDING OFFICER. Without Mentoring Month’’; to reconsider be laid upon the table, (2) recognizes the men and women who objection, it is so ordered. the President be immediately notified serve as staff and volunteers at quality men- COMMITTEE ON ENERGY AND NATURAL of the Senate’s action, and the Senate toring programs and who help our young RESOURCES then return to legislative session. people find inner strength and reach their Ms. MURKOWSKI. Mr. President, I The PRESIDING OFFICER. Without full potential; ask unanimous consent that the Com- objection, it is so ordered. (3) acknowledges that mentoring is bene- mittee on Energy and Natural Re- The nominations considered and con- ficial because it encourages educational sources be authorized to meet during firmed en bloc are as follows: achievement, reduces juvenile delinquency, the session of the Senate on January IN THE AIR FORCE improves life outcomes, and strengthens 29, 2015, at 9:30 a.m. in room SD–366 of communities; The following named officers for appoint- (4) promotes the creation and expansion of the Dirksen Senate Office Building. ment in the United States Air Force to the quality mentoring programs across the coun- The PRESIDING OFFICER. Without grade indicated under title 10, U.S.C., section try to equip young people with the tools objection, it is so ordered. 624: needed to lead healthy and productive lives; COMMITTEE ON FOREIGN RELATIONS To be brigadier general and Ms. MURKOWSKI. Mr. President, I Colonel Tony D. Bauernfeind (5) supports initiatives to close the ‘‘men- ask unanimous consent that the Com- Colonel Vincent K. Becklund toring gap’’. mittee on Foreign Relations be author- Colonel Steven J. Bleymaier f ized to meet during the session of the Colonel Richard A. Coe Senate on January 29, 2015, at 2 p.m. Colonel William T. Cooley AMENDMENTS SUBMITTED AND Colonel Barry R. Cornish PROPOSED The PRESIDING OFFICER. Without objection, it is so ordered. Colonel Christopher E. Craige SA 248. Mr. BARRASSO submitted an Colonel Andrew A. Croft COMMITTEE ON HEALTH, EDUCATION, LABOR, amendment intended to be proposed to Colonel Allan E. Day AND PENSIONS amendment SA 245 submitted by Mr. BAR- Colonel Trent H. Edward Ms. MURKOWSKI. Mr. President, I RASSO to the bill S. 1, to approve the Key- Colonel Andrew J. Gebara stone XL Pipeline; which was ordered to lie ask unanimous consent that the Com- Colonel Gerald V. Goodfellow on the table. mittee on Health, Education, Labor, Colonel John R. Gordy, II Colonel Stacey T. Hawkins f and Pensions be authorized to meet during the session of the Senate on Colonel Cameron G. Holt TEXT OF AMENDMENTS January 29, 2015, at 10 a.m., in room Colonel Kevin A. Huyck Colonel James A. Jacobson SA 248. Mr. BARRASSO submitted an SD–430 of the Dirksen Senate Office Colonel Darren V. James amendment intended to be proposed to Building to conduct a hearing entitled Colonel David J. Julazadeh amendment SA 245 submitted by Mr. ‘‘Employer Wellness Programs: Better Colonel Kevin B. Kennedy BARRASSO to the bill S. 1, to approve Health Outcomes and Lower Costs.’’ Colonel Chad T. Manske the Keystone XL Pipeline; which was The PRESIDING OFFICER. Without Colonel Michael A. Minihan ordered to lie on the table; as follows: objection, it is so ordered. Colonel Wayne R. Monteith Colonel Daniel J. Orcutt In lieu of the matter proposed to be in- COMMITTEE ON THE JUDICIARY Ms. MURKOWSKI. Mr. President, I Colonel Lenny J. Richoux serted, insert the following: Colonel Carl E. Schaefer SEC. ll. CONSULTATION WITH INDIAN TRIBES. ask unanimous consent that the Com- Colonel John E. Shaw Nothing in this Act relieves the United mittee on the Judiciary be authorized Colonel Brad M. Sullivan States of its responsibility to consult with to meet during the session of the Sen- Colonel Billy D. Thompson Indian nations as required under executive ate on January 29, 2015, at 10 a.m., in Colonel Paul A. Welch order 13175 (67 Fed. Reg. 67249) (November 6, room SH–216 of the Hart Senate Office Colonel William P. West 2000). Building to continue a hearing entitled NOMINATIONS PLACED ON THE SECRETARY’S f ‘‘Attorney General Nomination.’’ DESK AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without IN THE AIR FORCE MEET objection, it is so ordered. PN73 AIR FORCE nomination of Rodrick COMMITTEE ON RULES AND ADMINISTRATION A. Koch, which was received by the Senate COMMITTEE ON ARMED SERVICES Ms. MURKOWSKI. Mr. President, I and appeared in the Congressional Record of Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the Com- January 13, 2015. PN74 AIR FORCE nomination of James F. ask unanimous consent that the Com- mittee on Rules and Administration be mittee on Armed Services be author- Richey, which was received by the Senate authorized to meet during the session and appeared in the Congressional Record of ized to meet during the session of the of the Senate on January 29, 2015, at 12 January 13, 2015. Senate on January 29, 2015, at 9:30 a.m. p.m. IN THE MARINE CORPS The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without PN78 MARINE CORPS nominations (3) be- objection, it is so ordered. objection, it is so ordered. ginning MORRIS A. DESIMONE, III, and COMMITTEE ON BANKING, HOUSING, AND URBAN SELECT COMMITTEE ON INTELLIGENCE ending ANDREW R. STRAUSS, which nomi- AFFAIRS Ms. MURKOWSKI. Mr. President, I nations were received by the Senate and ap- Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the Select peared in the Congressional Record of Janu- ask unanimous consent that the Com- Committee on Intelligence be author- ary 13, 2015. mittee on Banking, Housing, and ized to meet during the session of the PN79 MARINE CORPS nominations (2) be- Urban Affairs be authorized to meet ginning STEVEN P. HULSE, and ending AN- Senate on January 29, 2015, at 2:30 p.m. THONY C. LYONS, which nominations were during the session of the Senate on The PRESIDING OFFICER. Without received by the Senate and appeared in the January 29, 2015, at 10 a.m. objection, it is so ordered. Congressional Record of January 13, 2015. The PRESIDING OFFICER. Without The PRESIDING OFFICER (Mr. CAS- PN81 MARINE CORPS nomination of Brian objection, it is so ordered. SIDY). The majority leader. L. White, which was received by the Senate

VerDate Sep 11 2014 01:33 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00051 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JA6.047 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE S662 CONGRESSIONAL RECORD — SENATE January 29, 2015 and appeared in the Congressional Record of Mr. BROWN. Mr. President, I ask came the staff director for the Repub- January 13, 2015. unanimous consent that the order for licans. In fact, he was the staff director PN83 MARINE CORPS nominations (2) be- the quorum call be rescinded. for the Health, Education, Labor and ginning STEVEN R. LUCAS, and ending The PRESIDING OFFICER. Without Pensions Committee as it went JAMES N. SHELSTAD, which nominations were received by the Senate and appeared in objection, it is so ordered. through its transition to a new name. the Congressional Record of January 13, 2015. f He was with Senator Jeffords when Senator Jeffords switched parties in f TRIBUTE TO ROB LEHMAN AND 2001. LUKE ALBEE LEGISLATIVE SESSION Mark, as I said, has served as my Mr. BROWN. Mr. President, I rise The PRESIDING OFFICER. The Sen- chief of staff for more than 6 years now today to honor a couple of people with ate will now resume legislative session. and will move over and be the staff di- Ohio ties who have dedicated much of rector for the banking committee. At f their careers to public service, Rob the same time, he will take with him NATIONAL MENTORING MONTH Lehman and Luke Albee. Rob Lehman Graham Steele, who served ably as my served more than two decades on Cap- Mr. MCCONNELL. Mr. President, I legislative assistant, and will also take itol Hill and in the executive branch ask unanimous consent that the Sen- his assistant Megan Cheney to the most recently, and that is when I got ate proceed to the consideration of S. banking committee. Graham will be to know and work with him as chief of Res. 58, submitted earlier today. chief counsel, and Megan will be a leg- staff to my colleague from Ohio, Sen- The PRESIDING OFFICER. The islative aide in the Senate banking ator ROB PORTMAN. Rob Lehman served clerk will report the resolution by committee. as chief of staff when Senator PORTMAN title. My thanks especially to Mark was the U.S. Trade Representative, so The assistant bill clerk read as fol- Powden for the terrific work he has he understands why trade and enforce- lows: done as my chief of staff, and I am ment of trade rules are such important thrilled he is going to stay with me to A resolution (S. Res. 58) recognizing Janu- issues to a State such as Ohio. ary 2015 as ‘‘National Mentoring Month.’’ do the very important job of staff di- He was helpful when Senator rector as I become ranking member of There being no objection, the Senate PORTMAN and I testified together be- the Senate banking committee. proceeded to consider the resolution. fore the International Trade Commis- f Mr. MCCONNELL. I ask unanimous sion on behalf of Ohio Steelworkers. consent that the resolution be agreed Fortunately, in this case the ruling EARNED INCOME TAX CREDIT to, the preamble be agreed to, and the was on the side of Ohio manufacturers. AWARENESS DAY motions to reconsider be laid upon the In some cases China and now in other Mr. BROWN. Mr. President, tomor- table with no intervening action or de- cases Korea have not played fair and row, Friday, January 30, is Earned In- bate. have broken trade rules. Rob Lehman come Tax Credit Awareness Day. It is a The PRESIDING OFFICER. Without provided breadth and insight to Sen- day to highlight a vital tool for Ameri- objection, it is so ordered. ator PORTMAN on this issue and so cans working—and I emphasize ‘‘work- The resolution (S. Res. 58) was agreed many others that are important to ing’’—their way out of poverty. to. Ohio during my colleague’s 4 years in Too many Americans work hard, play The preamble was agreed to. the Senate. by the rules, take responsibility for (The resolution, with its preamble, is I wish to also honor Luke Albee. their lives, but simply can’t get ahead. printed in today’s RECORD under ‘‘Sub- Luke is a native Ohioan and long time They are in low-wage jobs—sometimes mitted Resolutions.’’) Senate aide. He is a Cleveland native two low-wage jobs—and don’t really f and, like myself, a die-hard Cleveland have much opportunity where they live or due to their circumstances to get a ORDERS FOR FRIDAY, JANUARY Indians fan. Luke Albee had a long tenure in the job that pays closer to a living wage. 30, 2015 office of Senator PATRICK LEAHY of There are millions of Americans living Mr. MCCONNELL. Mr. President, I Vermont, rising from an entry-level po- in this situation. The EITC helps pro- ask unanimous consent that when the sition to become his chief of staff. He vide for their children, to build eco- Senate completes its business today, it served in the same role—which he is nomic security to allow them to pursue adjourn until 10:30 a.m. Friday, Janu- about to leave—for my colleague Sen- the American dream. ary 30. I ask that following the prayer ator MARK WARNER of Virginia. He Signed into law in 1975, expanded by and pledge, the morning hour be began in Senator LEAHY’s office an- every single President since then, the deemed expired, the Journal of pro- swering mail and later guided the of- EITC was created to make sure we ceedings be approved to date, and the fice through the September 11 attacks, have a tax system that provides an in- time for the two leaders be reserved for the anthrax discovery on Capitol Hill, centive to work. That is what it has their use later in the day, and that the and other memorable events while done. Senate then be in a period of morning chief of staff—like a 5-hour dinner with EITC’s expansion in the 1990s led business, with Senators permitted to Senator LEAHY and Fidel Castro while more than half a million single moth- speak therein for up to 10 minutes. on a trip to Cuba in 1999. Like Rob Leh- ers to move from cash welfare assist- The PRESIDING OFFICER. Without man, Luke Albee likes to bring people ance to work, making it twice as effec- objection, it is so ordered. together and reach common ground so tive—without the side effects, I might f the Senate can move forward the way add—as welfare reform. Since its cre- it should. ation, EITC has lifted more children ORDER FOR ADJOURNMENT f above the poverty line than any other Mr. MCCONNELL. If there is no fur- government program. ther business to come before the Sen- TRIBUTE TO MARK POWDEN I will emphasize that it rewards ate, I ask unanimous consent that it Mr. BROWN. I wish to also say a few work, most importantly. In 2012, 28 stand adjourned under the previous words about another career public serv- million American households—almost 1 order, following the remarks of Sen- ant. He is not leaving public service, million from my State of Ohio—bene- ator BROWN. but he is leaving the chief of staff’s po- fited from the EITC with an average The PRESIDING OFFICER. Without sition in my office. Mark Powden has credit of more than $2,300. objection, it is so ordered. been my chief of staff since 2009. He I met Juanalicia Duran in Cleveland Mr. MCCONNELL. I suggest the ab- started with Senator Jeffords when last year. She told me she lives pay- sence of a quorum. Senator Jeffords was a Republican and check to paycheck not because she The PRESIDING OFFICER. The then became an Independent. overspends, not because she is irrespon- clerk will call the roll. Mark Powden grew up in Vermont, sible, but simply because she does not The assistant bill clerk proceeded to where he worked for his own State con- make a lot of money. She said receiv- call the roll. gressman and senator. Mark later be- ing the EITC is the one time of year

VerDate Sep 11 2014 01:33 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00052 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JA6.057 S29JAPT1 emcdonald on DSK67QTVN1PROD with SENATE January 29, 2015 CONGRESSIONAL RECORD — SENATE S663 she pays off her bills. She is barely paraprofessional in the West Clermont I yield the floor. making it, getting a little bit behind School District who works with special f week after week, month after month, needs students and does the kinds of ADJOURNMENT UNTIL 10:30 A.M. then she gets that check of—I don’t things people should be rewarded for. TOMORROW know how much Juanalicia Duran gets, Last year he made less than $16,000. I but on average she gets a check for a believe he is paid hourly. He is obvi- The PRESIDING OFFICER. Under little over $2,000. It helps her to pay ously not paid in the summer. He is not the previous order, the Senate stands her bills and maybe get a little bit paid on nonschool days. Because he adjourned until 10:30 a.m. tomorrow. ahead. doesn’t have children, he will miss out Thereupon, the Senate, at 5:54 p.m., Rosa Olea of Toledo works as a man- on this critical tax credit. adjourned until Friday, January 30, ager of a fast food restaurant and That is why my legislation, the 2015, at 10:30 a.m. makes $9.35 an hour. Imagine that—a Working Families Tax Relief Act, will f nearly triple the size of the earned-in- manager of a restaurant making $9.35 NOMINATIONS an hour. She said her family struggles come tax credit for workers without to pay bills. The EITC has been a life- children, expand access to young work- Executive nominations received by saver since she found out about it ers, and will make permanent enhance- the Senate: through her local VITA center. ments to the EITC to 2017. DEPARTMENT OF COMMERCE There are thousands of stories like We know what this will do. We know MANSON K. BROWN, OF THE DISTRICT OF COLUMBIA, TO that children from low-income families BE AN ASSISTANT SECRETARY OF COMMERCE, VICE this, and we hear hundreds and some- KATHRYN D. SULLIVAN, RESIGNED. times thousands of them from Ohioans. where the families are eligible and FEDERAL MARITIME COMMISSION In last week’s State of the Union Ad- qualify and earn the EITC—and I say earned the earned-income tax credit. WILLIAM P. DOYLE, OF PENNSYLVANIA, TO BE A FED- dress, President Obama laid out plans ERAL MARITIME COMMISSIONER FOR A TERM EXPIRING to reform the Tax Code by making the That is why it is called earned—be- JUNE 30, 2018. (REAPPOINTMENT) current earned-income tax credit and cause these are always working fami- DEPARTMENT OF STATE lies who are playing by the rules, doing child tax credit permanent by expand- GENTRY O. SMITH, OF NORTH CAROLINA, A CAREER ing credit for middle-class families to the right thing, and taking responsi- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF bility. We know that children from MINISTER–COUNSELOR, TO BE DIRECTOR OF THE OFFICE raise children and save for retirement. OF FOREIGN MISSIONS, AND TO HAVE THE RANK OF AM- Some in this town responded—not sur- families who have earned the EITC BASSADOR DURING HIS TENURE OF SERVICE, VICE ERIC J. BOSWELL, RESIGNED. prisingly—by saying that reforming have higher test scores, higher high the Tax Code starts with cutting taxes school graduation rates, and higher INTERNATIONAL MONETARY FUND for big business. Think about that. college attendance rates. Expanding JANET L. YELLEN, OF CALIFORNIA, TO BE UNITED EITC means more people attending col- STATES ALTERNATE GOVERNOR OF THE INTER- Most of the time, I hear people in NATIONAL MONETARY FUND FOR A TERM OF FIVE this town—people with good titles, paid lege and more people getting GEDs. It YEARS, VICE BEN S. BERNANKE, TERM EXPIRED. well, dressed well, getting a good gov- means working more hours and higher IN THE AIR FORCE ernment pension and health care bene- salaries. Why wouldn’t we invest in the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT earned-income tax credit? It means IN THE GRADE INDICATED IN THE REGULAR AIR FORCE fits—say that the first thing we need to UNDER TITLE 10, U.S.C., SECTIONS 531 AND 716: do with tax reform is lower the cor- stronger communities. If we fail to act to renew the provi- To be major porate tax rate. It is all about trickle- sions that expire in 2017, 50 million KIRSTEN E. DELAMBO down economics. You cut taxes on big Americans would lose all or part of the THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT companies, you cut taxes on the IN THE GRADES INDICATED IN THE REGULAR AIR FORCE EITC and CTC—50 million Americans wealthy, and maybe it will trickle UNDER TITLE 10, U.S.C., SECTION 531: who are doing the right thing. They are down and help workers and families. To be lieutenant colonel working hard and taking responsibility Well, the experience of the last 25 SALVATORE PELLIGRA for their lives. We would just give up years doesn’t really say that. The one To be major on them? We would be glad to do cor- time we tried trickle-down for a dec- porate tax breaks, but we would give REBECCA A. BIRD ade—from 2000 to 2010—we had no net THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR up on the 50 million working Ameri- private sector job gain in this country. APPOINTMENT TO THE GRADE INDICATED IN THE cans? UNITED STATES AIR FORCE UNDER TITLE 10, U.S.C., SEC- Zero. But when we tried focusing on Sixteen million of them—including 8 TION 531: the middle class and growing the econ- million children, if we don’t renew— To be major omy from the middle out during the will be pushed into poverty or deeper DELL P. DUNN Clinton years, we had a 22-million—it into the poverty they are already in. It THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- may have been almost 23 million—pri- MENT TO THE GRADE INDICATED IN THE REGULAR AIR is the worst kind of class warfare FORCE UNDER TITLE 10, U.S.C., SECTION 531: vate sector net increase in jobs. And aimed at working families. These To be major since the auto rescue, when we have fo- workers need help to get out of pov- LATRISE P. SEARSON–NORRIS cused on the middle class for the last 5 erty, not to be taxed into it. IN THE ARMY or 6 years by building the economy out, Renewing the expanded EITC will we have had job growth for 56 or 57 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT help so many people in this country. It AS PERMANENT PROFESSOR AT THE UNITED STATES months in a row. is not just the right thing to do; it is MILITARY ACADEMY IN THE GRADE INDICATED UNDER If we are going to reform the Tax the smart thing to do because it will TITLE 10, U.S.C., SECTIONS 4333(B) AND 4336(A): Code, we need to draw a line in the bring more wealth to our communities. To be colonel sand: No tax breaks for corporations They will spend the money locally. It FRED J. BURPO without tax breaks first for working will help small businesses, and it will THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE GRADE INDICATED IN THE RESERVE OF THE families. make a big difference in a lot of lives. ARMY UNDER TITLE 10, U.S.C., SECTION 12203: There is one glaring hole with the While we work to renew and expand To be colonel earned-income tax credit. Under cur- this program, I encourage Ohioans who rent law, workers without children who PAUL A. BRISSON may be eligible for the EITC to visit THE FOLLOWING NAMED OFFICER FOR REGULAR AP- are making minimum wage barely re- the IRS Web site irs.gov or call 1–800– POINTMENT IN THE GRADE INDICATED IN THE UNITED ceive any EITC. Childless workers STATES ARMY NURSE CORPS UNDER TITLE 10, U.S.C., 906–9887 or find a local Volunteer In- SECTIONS 531 AND 3064: under 25 don’t qualify at all. That come Tax Assistance Center, VITA. It To be major makes young people and workers with- is a vital and free resource for working out children the only group who can be families. MIKELLE J. ADAMCZYK THE FOLLOWING NAMED OFFICER FOR APPOINTMENT taxed deeper into poverty. To receive EITC, all you have to do is IN THE GRADE INDICATED IN THE RESERVE OF THE My State of the Union guest was file your taxes. That is it. You have ARMY UNDER TITLE 10, U.S.C., SECTION 12203: Jason Jacobs, a Cincinnati resident earned it; just ask for it. Spread the To be colonel and paraprofessional. He is a college word about EITC. It is a bridge out of ROBERT G. HALE graduate. He went to Ohio University. poverty and serves millions of Amer- THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR He has a degree to teach. He has not APPOINTMENT TO THE GRADE INDICATED IN THE ican families across Ohio and across UNITED STATES ARMY DENTAL CORPS UNDER TITLE 10, found a full-time teaching job. He is a the Nation. U.S.C., SECTIONS 531 AND 3064:

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SALM SECTIONS 531 AND 3064: RYAN B. COLVERT BRADLEY J. SAMS STEPHEN J. CONLEY GLENN D. SAVAGE To be lieutenant colonel CHRISTOPHER F. CRIM MARK T. SCHNAKENBERG RICHARD J. CUSHING INES H. BERGER DANIEL W. SCHNICK MATTHEW J. CUTLER PETER L. SCHNURR IN THE NAVY PETER E. DAHL TOD A. SCHROEDER JEFFREY S. DECKER ALAN L. SCHULLER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JACKSON T. DOAN STEVEN E. SCHULTZE TO THE GRADE INDICATED IN THE UNITED STATES NAVY AARON M. DOTY AARON J. SCHWARTZ UNDER TITLE 10, U.S.C., SECTION 624: DANIEL J. DROSTE CASEY D. SHEA JAYSON L. DURDEN To be lieutenant commander THOMAS N. SIBLEY JASON D. EGAN THOMAS M. SIVERTS PATRICK F. ELDRIDGE RACHEL A. PASSMORE JOSHUA M. SMITH JOHN A. FALLON NOAH M. SPATARO THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- KARIN R. FITZGERALD MICHAEL A. SPEARS MENT TO THE GRADE INDICATED IN THE REGULAR NAVY IAN C. FLETCHER SCOTT A. STAHL UNDER TITLE 10, U.S.C., SECTION 531: JASON S. FREEBY MATTHEW L. STEELE FRANKLIN H. FREEMAN To be lieutenant commander JARED K. STONE CHARLES W. FRETWELL BRENDAN P. SULLIVAN SHAYNE M. FREY JUSTIN R. MILLER ALLEN E. SZCZEPEK, JR. DANIEL J. GASKELL JAMES R. SAULLO KOICHI TAKAGI JOHN M. GIANNELLA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOHN C. GIANOPOULOS TIMOTHY S. TAYLOR TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRYANT O. GILCHRIST KOHTARO TERAHIRA UNDER TITLE 10, U.S.C., SECTION 624: KENNETH K. GOEDECKE JEREMY W. THOMPSON To be lieutenant commander PAUL J. GOGUEN DUSTIN R. THORN RONNIE L. GOODE II KEITH P. TIGHE CANDIDA A. FERGUSON GREGORY P. GORDON CHRISTOPHER B. TIMOTHY KARL TINSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WILLIAM A. GRANT III ERIC L. GRIGGS CHRISTOPHER D. TOLLIVER TO THE GRADE INDICATED IN THE UNITED STATES NAVY JASON C. TORBENSEN UNDER TITLE 10, U.S.C., SECTION 624: KEVIN S. GRINDEL JASON S. GUTTENBERG RODNEY L. TOWERY To be commander JOHN W. HALL WYETH M. TOWLE KEVIN J. HALPIN JASON K. TUBBS TODD S. LEVANT DOMINIC J. HARRIS BRIAN D. TURNER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BENJAMIN B. HARRISON JAMES R. VALLARIO TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOHN F. HAVENER III LARRY W. VINES UNDER TITLE 10, U.S.C., SECTION 624: JOHN K. HENDERSON KRISTIAN A. VONHEIMBURG RONNEY HERRERA JAMIE L. WAGNER To be lieutenant commander JEREMIE N. HESTER JONATHAN C. WAITE RYAN B. WARD JENNIFER L. BORSTELMANN CORNELIUS D. HICKEY NATHAN J. HILL KEITH P. WARREN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PAUL J. HILLIARD PERRY D. WATERS TO THE GRADE INDICATED IN THE UNITED STATES NAVY RANDALL L. HORNER MICHAEL B. WEBER UNDER TITLE 10, U.S.C., SECTION 624: TIMOTHY F. HOUGH DAVID E. WESTIN To be commander DAVID M. HUDOCK TAYLOR P. WHITE PAUL C. HUDSON DAVID A. WILEMON RICHARD R. BARBER ANDRE M. INGRAM BRUCE K. WILLIAMS III ERIC J. WILLIAMSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOSEPH R. JACKSON GALEN T. JAMES DANIEL R. WINKELER TO THE GRADE INDICATED IN THE UNITED STATES NAVY SETH WOLCOTT UNDER TITLE 10, U.S.C., SECTION 624: JOSEPH M. JENNINGS ADAM L. JEPPE JOSEPH L. YOSKOVICH To be captain REX G. JONES, JR. MARK D. ZIMMER JAMES T. KAY ROBERT S. THOMPSON MICHAEL P. KELLEY f IN THE MARINE CORPS GHYNO G. KELLMAN RORY D. KENT CONFIRMATIONS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ADAM M. KING TO THE GRADE INDICATED IN THE UNITED STATES MA- DAVID W. LABALLE II Executive nominations confirmed by RINE CORPS RESERVE UNDER TITLE 10, U.S.C., SECTION JASON C. LANG 12203: BRADLEY M. LEDBETTER the Senate January 29, 2015: BRYAN D. LIESKE To be colonel PATRICK S. LINDSTROM IN THE AIR FORCE MICHAEL J. CORRADO JOSEPH M. LIZARRAGA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JULIA S. HUNT TROY T. LOWE IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- SCOTT A. MEEHAN MATTHEW D. LUNDGREN CATED UNDER TITLE 10, U.S.C., SECTION 624: BRANDON W. SHEARER SETH W. MACCUTCHEON ADAM T. STRICKLAND ALASDAIR B. MACKAY To be brigadier general CRAIG C. ULLMAN MARCUS J. MAINZ NICOLE A. MANN COLONEL TONY D. BAUERNFEIND THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT NICHOLAS A. MARCIANO COLONEL VINCENT K. BECKLUND TO THE GRADE INDICATED IN THE UNITED STATES MA- OSCAR MARIN, JR. COLONEL STEVEN J. BLEYMAIER RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: JOHN A. MARKSBURY COLONEL RICHARD A. COE To be lieutenant colonel RICHARD M. MARTIN COLONEL WILLIAM T. COOLEY NICHOLAS A. MARTZ COLONEL BARRY R. CORNISH RORY L. ALDRIDGE PERRY D. MAURER, JR. COLONEL CHRISTOPHER E. CRAIGE RICHARD J. ALLAIN TODD D. MCCARTHY COLONEL ANDREW A. CROFT JEREMY D. ANZEVINO RYAN R. MCCASKILL COLONEL ALLAN E. DAY MICHAEL W. ARMISTEAD DONALD M. MCCOWAN COLONEL TRENT H. EDWARDS JAMES W. BAUCH THOMAS B. MCGEE COLONEL ANDREW J. GEBARA BENJAMIN A. BEARD BRETT T. MCGINLEY COLONEL GERALD V. GOODFELLOW RUSSELL W. BECKER BRETT W. MCGREGOR COLONEL JOHN R. GORDY II MICHAEL A. BECKHART BRIAN D. MCLEAN COLONEL STACEY T. HAWKINS PAUL G. BEEMAN WINSTON G. MCMILLAN COLONEL CAMERON G. HOLT MELANIE R. BELLCARTER RUGSITHI D. MEELARP COLONEL KEVIN A. HUYCK DAVID J. BENNETT DOUGLAS R. MILLER COLONEL JAMES A. JACOBSON JEFFREY P. BENTZ RICHARD C. MITCHELL COLONEL DARREN V. JAMES JASON B. BERG WILLIAM J. MITCHELL COLONEL DAVID J. JULAZADEH CHRISTOPHER G. BLALOCK EDDIE MOSS, JR. COLONEL KEVIN B. KENNEDY MICHAEL P. BRENNAN SEAN P. MULLEN COLONEL CHAD T. MANSKE JEREMY D. BROCKMEIER JENNIFER A. NASH COLONEL MICHAEL A. MINIHAN CHRISTOPHER P. BROWN WILLIAM H. NASH COLONEL WAYNE R. MONTEITH JONATHAN F. BROWN DAVID M. OBRIEN COLONEL DANIEL J. ORCUTT WILLIAM P. BROWN, JR. ROGELIO S. OREGON COLONEL LENNY J. RICHOUX TATE A. BUNTZ JACK D. PEARCE COLONEL CARL E. SCHAEFER BRENDAN C. BURKS TRACY A. PERRY COLONEL JOHN E. SHAW KIRK J. BUSH SOULYNAMMA D. PHARATHIKOUNE COLONEL BRAD M. SULLIVAN LEROY B. BUTLER TYLER L. PHIPPS COLONEL BILLY D. THOMPSON PATRICK B. BYRNE ERIC J. PIPER COLONEL PAUL A. WELCH PABLO J. CABRERA STEPHEN M. PIRROTTA COLONEL WILLIAM P. WEST FRANCISCO A. CACERES BOLIVAR P. PLUAS AIR FORCE NOMINATION OF RODRICK A. KOCH, TO BE JONATHAN L. CAMARILLO JOHN P. PRICE LIEUTENANT COLONEL. KEVIN A. CAMPBELL BRENT C. PURCELL AIR FORCE NOMINATION OF JAMES F. RICHEY, TO BE STEPHEN J. CARL, JR. ALAN L. RAMSEY LIEUTENANT COLONEL.

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IN THE MARINE CORPS MARINE CORPS NOMINATIONS BEGINNING WITH STE- MARINE CORPS NOMINATIONS BEGINNING WITH STE- VEN P. HULSE AND ENDING WITH ANTHONY C. LYONS, VEN R. LUCAS AND ENDING WITH JAMES N. SHELSTAD, MARINE CORPS NOMINATIONS BEGINNING WITH MOR- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE RIS A. DESIMONE III AND ENDING WITH ANDREW R. AND APPEARED IN THE CONGRESSIONAL RECORD ON AND APPEARED IN THE CONGRESSIONAL RECORD ON STRAUSS, WHICH NOMINATIONS WERE RECEIVED BY THE JANUARY 13, 2015. JANUARY 13, 2015. SENATE AND APPEARED IN THE CONGRESSIONAL MARINE CORPS NOMINATION OF BRIAN L. WHITE, TO BE RECORD ON JANUARY 13, 2015. LIEUTENANT COLONEL .

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HIGHLIGHTS Senate passed S. 1, Keystone XL Pipeline, as amended. Senate amendment having failed to achieve 60 affirmative Chamber Action votes, was not agreed to.) Pages S621, S623–24 Routine Proceedings, pages S611–S665 By 45 yeas to 53 nays (Vote No. 44), Udall Measures Introduced: Twenty-five bills and six res- Amendment No. 77, to establish a renewable elec- olutions were introduced, as follows: S. 299–323, tricity standard. (Pursuant to the order of Wednes- and S. Res. 53–58. Page S653 day, January 28, 2015, the amendment having failed Measures Reported: to achieve 60 affirmative votes, was not agreed to.) S. Res. 53, authorizing expenditures by the Com- Pages S621, S624 mittee on Armed Services. By 41 yeas to 56 nays (Vote No. 46), Booker Amendment No. 155, to allow permitting agencies S. Res. 54, authorizing expenditures by the Com- to consider new circumstances and new information. mittee on Rules and Administration. Pages S621, S635–36 S. Res. 55, authorizing expenditures by the Select Boxer Amendment No. 130, to preserve existing Committee on Intelligence. permits and the authority of the agencies issuing the S. Res. 57, authorizing expenditures by the Com- permits to modify the permits if necessary. mittee on the Budget. Pages S652–53 Pages S621, S636 Measures Passed: By 36 yeas to 62 nays (Vote No. 47), Markey Keystone XL Pipeline: By 62 yeas to 36 nays Amendment No. 141, to delay the effective date (Vote No. 49), Senate passed S. 1, to approve the until the President determines that the pipeline will Keystone XL Pipeline, after taking action on the fol- not have certain negative impacts. Page S636 lowing amendments and motions proposed thereto: By 44 yeas to 54 nays (Vote No. 48), Markey Pages S620–45 Amendment No. 178, to ensure that products de- Adopted: rived from tar sands are treated as crude oil for pur- Murkowski (for Barrasso) Modified Amendment poses of the Federal excise tax on petroleum. No. 245, to clarify that certain consultation require- Pages S621, S637 ments with respect to Indian tribes remain in effect. Withdrawn: (A unanimous-consent agreement was reached pro- Vitter/Cassidy Further Modified Amendment No. viding that the requirement of a 60 affirmative vote 80, to provide for the distribution of revenues from threshold, be vitiated.) Pages S621, S624 certain areas of the outer Continental Shelf. Rejected: Pages S621–22 By 47 yeas to 51 nays (Vote No. 42), Daines Cardin Amendment No. 124, to clarify that trea- Amendment No. 246, to express the sense of Con- ties with Indian tribes remain in effect. gress that reauthorizing the Land and Water Con- Pages S621, S624–26 servation Fund should be a priority. (Pursuant to the Murkowski (for Sullivan) Amendment No. 67, to order of Wednesday, January 28, 2015, the amend- restrict the authority of the Environmental Protec- ment having failed to achieve 60 affirmative votes, tion Agency to arm agency personnel. was not agreed to.) Pages S621–23 Pages S621, S626 By 59 yeas to 39 nays (Vote No. 43), Burr Modi- Murkowski Amendment No. 98, to express the fied Amendment No. 92, to permanently reauthorize sense of Congress relating to adaptation projects in the Land and Water Conservation Fund. (Pursuant to the United States Arctic region and rural commu- the order of Wednesday, January 28, 2015, the nities. Pages S621, S626 D80

VerDate Sep 11 2014 03:43 Jan 30, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D29JA5.REC D29JAPT1 smartinez on DSK4TPTVN1PROD with DIGEST January 29, 2015 CONGRESSIONAL RECORD — DAILY DIGEST D81 Flake Amendment No. 103, to require the evalua- Nominations Confirmed: Senate confirmed the fol- tion and consolidation of duplicative green building lowing nominations: programs. Pages S621, S626 31 Air Force nominations in the rank of general. Merkley Amendment No. 174, to express the Routine lists in the Air Force and Marine Corps. sense of Congress that the United States should Pages S664–65 prioritize and fund adaptation projects in commu- Nominations Received: Senate received the fol- nities in the United States while also helping to lowing nominations: fund climate change adaptation in developing coun- Manson K. Brown, of the District of Columbia, to tries. Pages S621, S626 be an Assistant Secretary of Commerce. Tillis/Burr Amendment No. 102, to provide for William P. Doyle, of Pennsylvania, to be a Fed- leasing on the outer Continental Shelf and the dis- eral Maritime Commissioner for a term expiring tribution of certain qualified revenues from such June 30, 2018. leasing. Pages S621, S626 Gentry O. Smith, of North Carolina, to be Direc- Cantwell (for Peters/Stabenow) Amendment No. tor of the Office of Foreign Missions, and to have 55, to require a study of the potential environmental the rank of Ambassador during his tenure of service. impact of by-products of the Keystone XL pipeline. Janet L. Yellen, of California, to be United States Pages S621, S626 Alternate Governor of the International Monetary Cantwell/Boxer Amendment No. 131, to ensure Fund for a term of five years. that if the Keystone XL Pipeline is built, it will be Routine lists in the Air Force, Army, Marine built safely and in compliance with United States Corps, and Navy. Pages S663–64 environmental laws. Pages S621, S637–45 During consideration of this measure today, Senate Messages from the House: Page S651 also took the following action: Measures Referred: Page S651 Pursuant to the order of January 28, 2015, the Executive Communications: Pages S651–52 motion to proceed to the motion to reconsider the Petitions and Memorials: Page S652 vote by which cloture was not invoked on January 26, 2015, was agreed to. Page S626 Additional Cosponsors: Page S654 Pursuant to the order of January 28, 2015, the Statements on Introduced Bills/Resolutions: motion to reconsider the vote by which cloture was Pages S654–61 not invoked on January 26, 2015, was agreed to. Additional Statements: Pages S650–51 Page S626 By 62 yeas to 35 nays (Vote No. 45), three-fifths Amendments Submitted: Page S661 of those Senators duly chosen and sworn, having Authorities for Committees to Meet: Page S661 voted in the affirmative, Senate upon reconsideration Record Votes: Eight record votes were taken today. agreed to the motion to close further debate on the (Total—49) Pages S623–24, S626, S636–37 bill. Page S626 Adjournment: Senate convened at 9:30 a.m. and National Mentoring Month: Senate agreed to S. adjourned at 5:54 p.m., until 10:30 a.m. on Friday, Res. 58, recognizing January 2015 as ‘‘National January 30, 2015. (For Senate’s program, see the re- Mentoring Month’’. Page S662 marks of the Majority Leader in today’s Record on Clay Hunt SAV Act—Agreement: A unanimous- page S662.) consent-time agreement was reached providing that at 4:30 p.m., on Monday, February 2, 2015, Senate begin consideration of H.R. 203, to direct the Sec- Committee Meetings retary of Veterans Affairs to provide for the conduct of annual evaluations of mental health care and sui- (Committees not listed did not meet) cide prevention programs of the Department of Vet- erans Affairs, to require a pilot program on loan re- BUSINESS MEETING payment for psychiatrists who agree to serve in the Committee on Appropriations: Committee announced Veterans Health Administration of the Department the following subcommittee assignments: of Veterans Affairs; that the time until 5:30 p.m. be Subcommittee on Agriculture, Rural Development, Food equally divided in the usual form, and that following and Drug Administration, and Related Agencies: Sen- the use or yielding back of time, Senate vote on pas- ators Moran (Chair), Blunt, Cochran, McConnell, sage of the bill, without any intervening action or Collins, Hoeven, Daines, Merkley, Feinstein, Tester, debate. Page S633 Udall, Leahy, and Baldwin.

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General Steven M. Shepro, Vice Director for Stra- Lynch, of New York, to be Attorney General, after tegic Plans and Policy, Joint Staff Pentagon, both of receiving testimony from David B. Barlow, Sidley the Department of Defense; and General John R. Austin LLP, and Jonathan Turley, George Wash- Allen (USMC, Ret.), Special Presidential Envoy for ington University, both of Washington, DC; David the Global Coalition to Counter ISIL, Department of A. Clarke Jr., Milwaukee County Sheriff, Milwaukee, State. Wisconsin; Catherine Engelbrecht, True the Vote, EMPLOYER WELLNESS PROGRAMS Houston, Texas; Janice K. Fedarcyk, Fedarcyk Con- sulting LLC, Crownsville, Maryland; Stephen H. Committee on Health, Education, Labor, and Pensions: Legomsky, Washington University School of Law, Committee concluded a hearing to examine employer Saint Louis, Missouri; Nicholas Quinn Rosenkranz, wellness programs, focusing on better health out- Georgetown University Law Center, New York, New comes and lower costs, after receiving testimony York; Reverend Clarence G. Newsome, National Un- from Gary Loveman, Caesars Entertainment, Las derground Railroad Freedom Center, Cincinnati, Vegas, Nevada, on behalf of the Business Round- Ohio; and Sharyl Attkisson, Leesburg, Virginia. table; Catherine Baase, The Dow Chemical Com- pany, Midland, Michigan, on behalf of the American BUSINESS MEETING Benefits Council; David Grossman, Group Health Cooperative, Seattle, Washington; James Matthew Committee on Rules and Administration: Committee or- Abernathy, BlueCross BlueShield of Tennessee, dered favorably reported an original resolution (S. Nashville; and Jennifer Mathis, Bazelon Center for Res. 54) authorizing expenditures by the Committee, Mental Health Law, on behalf of the Consortium for and rules of procedure for the 114th Congress. Citizens with Disabilities, and Eric Dreiband, Jones Day, both of Washington, DC. INTELLIGENCE Select Committee on Intelligence: Committee met in NOMINATION closed session to receive a briefing on certain intel- Committee on the Judiciary: Committee concluded ligence matters from officials of the intelligence hearings to examine the nomination of Loretta E. community. h House of Representatives Chamber Action COMMITTEE MEETINGS FOR FRIDAY, The House was not in session today. The House JANUARY 30, 2015 is scheduled to meet at 2 p.m. on Friday, January (Committee meetings are open unless otherwise indicated) 30, 2015. Senate Committee Meetings No meetings/hearings scheduled. No hearings were held. House Joint Meetings No hearings are scheduled. No joint committee meetings were held.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10:30 a.m., Friday, January 30 2 p.m., Friday, January 30

Senate Chamber House Chamber Program for Friday: Senate will be in a period of morn- Program for Friday: The House is scheduled to meet at ing business. 2 p.m. on Friday, January 30, 2015.

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